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HomeMy WebLinkAbout1995-022 Council OrdinancesCouncilmember Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 22-95 AN ORDINANCE AMENDING CHAPTER 207 OF THE LINO LAKES CITY CODE The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I . That Chapter 207, Personnel Policy, shall be deleted in its entirety and the following substituted therefor: II. This ordiance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. ATTEST: al' yn . Anderson, Clerk Treasurer Vernon F. Reinert, Mayor 33 Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 22 - 95 AN ORDINANCE AMENDING CHAPTER 207, PERSONNEL POLICY OF THE LINO LAKES CITY CODE Chapter 207, Personnel Policy, of the Lino Lakes City Ordinance was amended November 27, 1995. Following is a summary of the provisions of that ordinance as adopted. A complete copy of the ordinance is available for public review at the City Hall, 1189 Main Street, Lino Lakes, Minnesota, between the hours of 7:30 A.M. and 5:00 P.M., Monday through Friday. The ordinance shall take effect and be in full force 30 days following it publication. CHAPTER 207 PERSONNEL POLICY 207.01 Purpose 207.02 Scope of Ordinance 207.03 Applicability to Unionize Personnel 207.04 Statement of Non -Discrimination 207.05 Definitions 207.06 Probationary Period 207.07 Position Classification 207.08 Compensation Plan 207.09 Work Schedule 207.10 Performance Evaluations 207.11 Promotions 207.12 Relationship to Other City Personnel 207.13 Political Activity 207.14 Legal Holidays 207.15 Vacation Leave 207.16 Sick Leave 207.17 Worker's Compensation 207.18 Sick Child/School Child 207.19 Funeral Leave 207.20 Military Duty 207.21 Time off to Vote 207.22 Jury Duty ORDINANCE NO. 22 - 95 Page -2- 207.23 Family Medical Leave Act 207.24 Parental Leave 207.25 Personal Leave of Absence 207.26 Leave Without Pay 207.27 Health Care Benefit Package 207.28 Deferred Compensation 207.29 Short -Term Disability 207.30 Lay Off/Transfer 207.31 Demotion 207.32 Dismissal 207.33 Absence Without Leave 207.34 Grievance Procedures 207.35 Resignation 207.36 Severance This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of the City of Lino Lakes this 27th day of November, 1995. Vernon F. Reinert, Mayor b)a-t (Lp,((.1:)(),. Marilyn . Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said ordinance was declared duly passed and adopted. TABLE OF CONTENTS SECTION PAGE 207.01 Purpose 2 207.02 Scope of Ordinance 2 207.03 Applicability to Unionized Personnel 2 207.04 Statement of Non -Discrimination 3 207.05 Definitions 3 207.06 Probationary Period 5 207.07 Position Classification 5 207.08 Compensation Plan 6 207.09 Work Schedule 6 207.10 Performance Evaluations 6 207.11 Promotions 6 207.12 Relationship to other City Personnel 7 207.13 Political Activity 7 207.14 Legal Holidays 8 207.15 Vacation Leave 8 207.16 Sick Leave 10 207.17 Workers' Compensation 10 207.18 Sick Child / School Child 11 207.19 Funeral Leave 11 207.20 Military Duty 11 207.21 Time off to Vote 12 207.22 Jury Duty 12 207.23 Family Medical Leave Act 12 207.24 Parental Leave 14 207.25 Personal Leave of Absence 15 207.26 Leave without Pay 16 207.27 Health Care Benefit Package 16 207.28 Deferred Compensation 16 207.29 Short -Term Disability 16 207.30 Lay off \ Transfer 17 207.31 Demotion 17 207.32 Dismissal 17 207.33 Absence without Leave 18 207.34 Grievance Procedures 18 207.35 Resignation 20 207.36 Severance 20 207.01 Purpose of Chapter The purpose of this Chapter is to establish to a uniform and equitable system of municipal personnel administration for all employees of the City. This Chapter may be referred to as the personnel policy. Any term and condition of employment not specifically established in the 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 manpower, 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, and direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial functions not specifically referred to in this chapter. 207.02 Scope of Ordinance All offices and positions in the municipal service, now existing or hereafter created, shall be subject to the policies and procedures of this chapter except the following: (1) All elected officials and members of boards and commissions, (2) Volunteer fire department; (3) Consultants rendering professional services; and (4) Temporary Employees. 207.03 Applicability to Unionized Personnel The provisions of these policies and procedures shall apply to all organized personnel who work under negotiated agreements with the City. In the event of a conflict between the terms of an employee agreement and this chapter, the terms of the negotiated agreement shall take precedence and those employees subject to the agreement shall be so regulated. 2 207.04 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 statute, 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 shall be excluded from employment or be subjected to discrimination regarding any and all terms and conditions of employment by the City. 207.05 Definitions Whenever used herein, the following words and phrases shall have the meanings set forth below: Absent without Leave . Any absence of an employee from duty including any absence for a single day or part of a day that is not authorized by a specific leave of absence or time off under the provisions of this ordinance. Anniversary Date. The month and day of initial hiring or promotion of a regular full-time or regular part-time employee. Benefits. Any indirect compensation and any privilege granted to the employee. Compensation Plan. A schedule of pay ranges for all job classifications within the City. Demotion. The movement of an employee to a position having a lower pay range and/or lesser responsibility that previously held. Exempt Employee. Executive, Administrative and Professional employees as defined by the federal Fair Labor Standards Act. Grievance. A dispute or disagreement regarding the interpretation or application of this chapter. Immediate Family. Immediate family shall be defined as spouse, parents, spouse's parents, children, brothers, sisters, brothers-in-law, sisters-in-law, nieces, nephews, step children, grandparents. Job Classification. Refers to the act of assigning a position to its appropriate pay range based on the duties performed and the responsibilities assumed. 3 Layoff. Involuntary employment termination initiated by the City for non- disciplinary reasons. Non -Exempt Employee. Generally all employees as defined and subject to the Fair Labor Standards Act (FLSA) with the exception of those employees (Exempt) defined as executive, administrative or professional. Pay Range. A schedule of minimum and maximum pay rates (in annual terms for regular full-time employees, in hourly terms for regular part-time employees) together with intermediate rates which are established for each job classification. Position Description. A formal document which is descriptive, but not restrictive, of a position consisting of a title, illustrative examples of duties performed, employment standards, and an outline of the physical tasks associated with the position. Probationary Employee. A newly appointed employee who has not completed his/her designated probationary period for the regular full-time position or regular part- time position he/she occupies. During this period he/she may be separated from service without recourse to appeal. Probationary Period. A trial period considered as an integral part of the induction process during which a new employee is required to demonstrate his/her fitness for the position prior to appointment to a regular full-time or regular part-time position. Promotion. The placement of any employee in a position having a higher pay range and/or more responsibility that the position previously held. Regular Full -Time Employee. An employee who has completed his/her designated probationary period and who occupies a regular full-time position requiring eighty (80) or more hours per pay period. Regular Part -Time Employee. An employee who is scheduled to work on a regular and recurring schedule of less that eighty (80) hours per pay period. A regular part-time employee must work a minimum of forty (40) hours per pay period in order to be eligible for paid leave benefits. Resignation. Employment termination initiated by the employee who chooses to leave the organization voluntarily. Retirement. Voluntary retirement from active employment status initiated by the employee. Separation. The separation of an employee from municipal employment resulting from discharge, resignation, retirement or death. Suspension. The temporary removal without pay of an employee from his/her designated position for disciplinary purposes. Temporary Employee. Employees whose positions are basically temporary and /or seasonal in character Transfer. A transfer is the movement of an employee to either a different department or division, but not necessarily the same pay range. 207.06 Probationary Period The probationary period shall be regarded as an integral part of the terns and conditions of employment. Any original appointment as a regular employee shall be subject to an initial probationary period. During the probationary period, an employee may be transferred or dismissed at the City's sole discretion for any reason or for no reason. A probationary employee shall have no rights to appeal such a decision. Prior to the expiration of the initial probationary period, the employee's performance shall be evaluated in writing by such employee's supervisor and given to the City Administrator with a written recommendation that the employee be dismissed or a statement that the employee has successfully completed the probationary period and can be considered as a regular full- time employee. The City Administrator may extend the probationary period for specific individuals for an additional six month period, not to exceed one (1) year, upon the recommendation of the employee's department head. Vacation benefits shall accrue, but not be available to the employee until after successful completion of the probationary period. 207.07 Position Classification The City Administrator shall establish and maintain a position classification plan for all positions covered by the provisions of this chapter. Positions may be grouped into classes if the positions are similar in terms of the range of difficulty and responsibility. New classes may be created if a new position is created and no classes to which it might be included exists. 207.08 Compensation Plan The City Administrator shall annually present to the City Council a compensation plan for all positions subject to this chapter. Adjustments to the compensation plan shall be made by the City Council upon recommendation of the City Administrator. This compensation plan will include a list of all position titles, starting salary, maximum salary along with intervals, and job value points. The City's compensation plan is based on a job evaluation system as required through the Minnesota Comparable Worth / Pay Equity Legislation. 207.09 Work Schedule The regular work week shall normally consist of forty (40) hours. The regular forty hour work week includes a fifteen (15) minute break on two (2) separate occasions during each work day. Payment for time worked in excess of the regular work week, if the overtime work is approved in advance by the employee's supervisor or City Administrator, shall be compensated for at time and one-half (1 1/2) the regular rate of pay. This section does not apply to exempt employees. Department heads may establish special hours for their department if approved in advance by the City Administrator. 207.10 Performance Evaluations There shall be a minimum of one (1) written performance evaluation on an annual basis for all regular full-time, regular part-time and probationary employees. The evaluation will include a review of the employee's major responsibilities, an appraisal of the employee's job performance, identification of any problem areas and an action plan for correction or improvement, including the establishment of future performance objectives. A personal interview between the immediate supervisor and the employee shall be conducted by the supervisor within a reasonable time period after receipt by the employee of the supervisor's written evaluation. A copy of the written evaluation for each regular and probationary employee shall be submitted to the city administrator for review. Upon review by the City Administrator, a follow up interview may be requested by the City Administrator with the employee. 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 salary/wage step increase. 207.11 Promotions The City Administrator shall be responsible for determining whether or not 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 promotion of current employees from within where practicable. This policy shall not be construed to preclude the City from external recruitment and/or selection of applicants from outside the municipal service, nor as a waiver of job -relevant qualifications for the position, nor as a guarantee of promotion from within to any and/or all positions for which job openings occur. All promotions shall be subject to a three (3) month probationary period. If the employee who has been promoted is found unsuited for the work of the position to which promoted, such employee may be reinstated to the position and rate of pay previously held or to some other position in the class from which such employee was promoted. 207.12 Relationship to other City Personnel Whenever possible, with due regard for job -relevant qualifications, merit and fitness, the City Council shall avoid the appointment of any person within the immediate family of elected or appointed officers or employees of the City. In the event that a member of the family is appointed to a position, the appointment shall not be made within the same department in which an immediate family member works. This provision does not apply to marital status, as protected under the Minnesota Human Rights Act. Employment of the spouse of an elected or appointed officer or employee is not prohibited; however, appointment or assignment of an employee's spouse in the same department in which the employee works is prohibited. 207.13 Political Activity State law prohibits the City from imposing or enforcing limitations on the political activities of City employees beyond those established by the state legislature. Therefore, employees of the City are not prohibited from participating in local election campaigns or 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". Any employee who shall become a candidate for any elective public office may be required to take a leave of absence without pay and shall not perforin duties connected with the position held by such employee until such employee is no longer a candidate, if such candidacy interferes with such employee's normal duties of employment. If the needs of City require, the vacancy created by such employee's absence may be filled and such employee's services terminated. If elected to public office, such employee may be required to resign or take a leave of absence if the duties of such employee's elective office interfere with such employee's duties as a City employee. 207.14 Legal Holidays Regular full-time, regular part-time and probationary employees shall be entitled to the holidays described herein. The amount of pay received by a regular part-time employee for a holiday shall be computed by converting the employee's part-time employment to equivalent adjusted full-time service. Temporary employees shall not be entitled to holiday pay. Legal holidays (I) New Year' Day - January 1 (2) Martin Luther King Day - Third Monday in January (3) President's Day - Third Monday in February (4) Memorial Day - Last Monday in May (5) Independence Day - July 4 (6) Labor Day - First Monday in September (7) Veteran's Day - November 11 (8) Thanksgiving Day - Fourth Thursday in November (9) Friday Following Thanksgiving Day (10) Christmas Eve Day - December 24 (1 1) Christmas Day - December 25 (12) New Year's Eve Day - December 31 When a holiday falls on a Sunday, the following Monday shall be considered a holiday. When a holiday fall on a Saturday, the preceding Friday shall be 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 other paid or excused leave. 207.15 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, regular full-time employees �-- earn paid vacation time according to the following schedule. However, while probationary employees accrue vacation time, they may not take vacation time until they have satisfactorily completed the terms of their probation. Vacation leave shall be granted at the end of this time as earned for the probationary period. Full -Time Employee Vacation Schedule Accrued Hours of Vacation Years of Continuous Service Per Year Per Pay Period Start through 2nd Year Beginning 3rd Year Beginning 6th Year Beginning 1 lth 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 40 hours 80 hours 120 hours 128 hours 136 hours 144 hours 152 hours 160 hours 168 hours 176 hours 184 hours 192 hours 200 hours 1.54 hours 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 The amount of vacation time regular part-time employees may accrue shall be computed by converting the employee's part-time employment to adjusted full-time service. Vacation may be used as accrued with the prior approval of the employees' department head. Accrued vacation to a maximum of two hundred forty (240) hours may be carried over into the following year with the prior approval of the City Administrator. All hours over two hundred forty (240) at the end of the year would be forfeited. An employee who has completed a minimum of one (1) year of continuous service and who provides the City with a minimum of two (2) weeks of advance notice prior to leaving the City's employment shall be compensated for vacation accrued and not used at the time of separation. 207.16 Sick Leave Sick leave shall be a benefit provided to all regular full-time and probationary City employees which shall be accrued at the rate of 3.69 hours per pay period. The maximum accumulation shall be one hundred twenty (120) working days. In order to be eligible for sick leave with pay, an employee shall: (1) Report promptly to such employee's department head the reason for the absence. (2) Any employee absent on sick leave may be required to present a doctor's slip after three (3) consecutive days. The amount of sick time regular part-time employees may accrue shall be computed by converting the employee's part-time employment to adjusted full-time service. See also Deferred Compensation Section 207.28, and Severance Section 207.36 for applicability to sick leave. 207.17 Workers' Compensation The City provides to all employees, a comprehensive workers' compensation insurance program in accordance with Minnesota State law. The City's policy regarding workers' compensation is as follow: Workers' compensation benefits take effect after a waiting period of three (3) calendar days following an on the job injury. Any time lost within the first three (3) 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 leave without pay. If time away from work due to the job related injury extends beyond three (3) calendar days, workers compensation pay will begin for those scheduled work days lost beginning on day four (4). If time away from work extends beyond ten (10) calendar days, workers compensation will go back and pay for the initial three (3) day waiting period. The City will reimburse the employee for sick leave used during the waiting period. 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. 10 The City will pay the difference between any regular full-time employee's gross salary and any workers compensation reimbursement. This difference will be paid for consecutive lost time for any time over the three (3) day waiting period. The City will not pay the difference for doctor or therapy appointments. An employee who sustains a work-related injury or illness must inform their supervisor immediately. A First Report of Injury must be filed with the City. 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. 207.18 Sick Child / School Child Leave In accordance with state legislation the City provides the following leave for eligible City employees. For this section an eligible employee is any regular full-time or regular part-time employee who has been employed with the City for twelve (12) months prior to the request for leave with an average of 20 hours a week or more during those twelve (12) months. For this section, child is defined as an individual under eighteen (18) years of age (or under twenty (20) and attending secondary school). (1) Sick Child City employees may use sick leave benefits for absences dues to the illness of the employee's child, on the same terms as the employee is able to use sick leave benefits for the employee's illness. (2) School Child City employees are granted up to sixteen (16) hours a school year to attend school conferences or classroom activities relating to the employee's child that cannot be scheduled during non -work hours. Employees may take unpaid time or use accrued paid vacation or other appropriate leave for this time. 207.19 Funeral Leave Funeral leave of up to three (3) work days with pay may be granted upon the occasion of a death in the immediate family (see definitions). 207.20 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 legislation. 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 which the employee formerly held no longer exists, the employee shall be reinstated to a position of like status and pay, provided that it is practicable to do so and that employee is competent to perform all duties of the position to which assigned. Employees eligible to receive military leave compensation while participating in required training exercising shall be paid the difference between the employee's gross salary and military leave compensation payments for that period of time during which they were required by the armed forces to participate in such training. An employee cannot receive more than the employee's normal take home pay as a result of any City pay supplement to military leave compensation. Employees on military leave for training will continue to accrue sick and vacation as if they had not been absent. 207.21 Time off to Vote Employees who are eligible to vote at a state general election or at an election to fill a vacancy in the office of United States Senator or United States Representative have the right to be absent from work for the purpose of voting during the morning of election day, without penalty or deductions from salary or wages. 207.22 Jury Duty Employees called to serve as a juror or subpoenaed as a court witness shall receive their regular pay as if they were on duty. Any compensation the employee may receive as a result of jury duty or witness fee, 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. 207. 23 Family Medical Leave Act Purpose. Pursuant to the Family Medical Leave Act of 1993, the City provides twelve (12) weeks of job protected unpaid leave to eligible employees for the birth, adoption, foster care and certain family medical reasons. Eligibility. An employee must have been employed by the City for at least twelve (12) months and have worked at least 1,250 hours in the twelve (12) months preceding the commencement of the leave. Eligible Reasons for FMLA Leave. An eligible employee is entitled to twelve (12) weeks leave during any calendar year for the following reasons: 12 1. Birth of a child or placement of a child with the employee for adoption or foster care. The entitlement to this case expires twelve (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. An eligible child is defined as a person under 18 years of age (or a person incapable of self-care because of a physical or mental disability) who is biological, adopted, foster or step child, ward of the employee or a person with whom the employee is charged with a parent's rights, duties and responsibilities. An eligible parent includes a biological parent or a person who was charged with a parent's 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. 825.1 16, but generally includes incapacity requiring absence from work or more than five (5) days that also involves continuing treatment by a health care provider (also includes pre- natal care). Notice Requirements. Thirty (30) days written notice is required if the leave is foreseeable. If thirty (30) days notice is not possible, as much notice is practical must be given. Planned medical treatments should be scheduled so that it will not unduly disrupt the City's operations. Effect of Health Insurance. Health insurance coverage will be maintained 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. Increments of Time. Family and medical leave may be taken increments of up to the full twelve (12) weeks and as small as one (1) hour, depending on the circumstances. Use of Accrued Sick Leave, Compensatory Time and Vacation During Family and Medical Leave. During the family and medical leave, employees must use accrued sick leave and compensatory time prior to taking an unpaid leave (except where the leave also qualifies for parental leave). Employees may use accrued vacation, if they so choose. When sick leave and compensatory time have been exhausted, any remaining time will be unpaid except for vacation requested by the employee. Unpaid hours will not count towards seniority. 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. A second opinion 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. Re -certification. Re -certification will be required if the employee requests an extension of the original length approved by the City or if the employee's circumstances change. Re -certification 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. Fitness for Duty Certification. The City requires a medical certificate attesting to the employee's fitness for duty prior to 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 "qualified disabled" employee under the ADA (Americans with Disabilities Act). The City will deny reinstatement until a fitness for duty certificate is provided. 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. Affect on Pension. FMLA leave counts as continued service for purposes of retirement or pension plans. Reinstatement. Employees 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). 207.24 Parental Leave An employee who works twenty (20) or more hours per week and has been employed more than one (1) year is entitled to take an unpaid leave of absence in 14 connection with the birth or adoption of a child. The leave may not exceed six (6) weeks, �.- and must begin not more than six (6) 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 twelve (12) week FMLA eligibility is exhausted. The employee 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. 207.25 Personal Leave of Absence The City provides leaves of absence without pay to regular full-time and regular part-time employees who wish to take time off from work duties 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 head. Upon an affirmative recommendation from the department head, the city administrator may approve a personal leave that does not exceed ninety (90) days. Personal leave of up to one (1) year, excluding military service or disability incurred while in the service of the City require City Council action. The minimum period for a personal leave shall be 2 (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. Benefit accnials, such as vacations, seniority, sick leave, or holiday benefits 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 will continue if fully subsidized by the employee. 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. 207.26 Leave Without Pay Regular full-time and regular part-time employees may request a leave without pay to attend to personal business without effecting their employment status. This leave needs to be approved in advance by the employee's department head. The maximum number of hours an employee may take leave without pay shall be eighty (80) hours in one calendar year. 207.27 Health Care Benefit Package The City shall provide a health care benefit package which shall consist of a combination of health insurance, short-term disability and life insurance coverage. The benefits shall be provided through group insurance contracts insurance providers. Regular full-time employees are eligible for the Health Care Benefit Package commencing on the first day of the employee's appointment. Employees are responsible for participating in the cost of the Health Care Benefit Package pursuant to the City's annual review of participation levels. 207. 28 Deferred Compensation The City will provide to all regular full-time and part-time employees the opportunity to participate in pre-tax savings program through payroll deduction. This voluntary saving plan is designed to allow for current tax savings for employees. A full-time employee will be permitted to receive a cash payment for one-half (50%) of their unused yearly sick leave accrual exceeding seven hundred twenty (720) hours at the conclusion of each calendar year. The remainder of unused sick leave accrual will be added to the employees sick leave bank up to the maximum accrual of 960 hours. This cash payment shall be paid at the conclusion of each calendar year by payment into the employee's designated deferred compensation plan as authorized by the City. 207.29 Short -Term Disability All regular full-time, and probationary employees are eligible for short-term disability income for qualifying short-term disability absences. This short-term disability benefit becomes effective on the first day of a non -work related accident/ injury or on the eighth (8) day of a non -work related illness. Pregnancy will be treated as any other illness. This benefit is equal to seventy percent (70%) of the employee's weekly gross income, at the time of the disability, to a maximum of $100.00 per week for up to a maximum of twenty-six (26) weeks. 16 207.30 Lay off \ Transfer The City may lay off any employee 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 (2) 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 207.31 Demotion An employee may be demoted by the City for inefficient performance of such employees duty, for disciplinary reasons, or for any other justifiable cause. 207.32 Dismissal Any employee subject to the provisions of this chapter, including all department heads, may be dismissed by the City only for cause. Evidence of the following, which includes but is not limited to, shall be sufficient cause for dismissal, demotion or disciplinary action: (1) Incompetence in the performance of the employee's duties. (2) Violation of any lawful or official regulation or administrative order, or violation of any lawful direction made and given by such employee's supervisor, where such violation amounts to an act of insubordination or a breach of proper discipline or has resulted or reasonably might be expected to result in loss or injury to the municipality 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 or language towards the public or municipal officers or employees. (5) Carelessness and negligence in the handling or control or municipal property or unauthorized use of City property. (6) Inducing or attempting to induce an officer or employee of the municipality 17 (7) (8) to commit an awful act or to act in violation of any lawful and reasonable official regulation or administrative order. Dishonesty in the performance of such employee's duties. Taking any fee, gift, or other valuable thing in the course of the employees' work or in the connection with it, from any person for personal use, when such fee, gift, or thing is given in the hope or expectation of receiving a favor or better treatment than that accorded to other persons or citizens. (9) Violations of the provisions of this chapter. The particular dismissal, demotion or suspension shall be based on the individual facts and circumstances involved. 207.33 Absence Without Leave Any absence of an employee from duty including any absence for a single day or part of a day that is not authorized by a specific leave of absence or time off under the provision of this chapter shall be deemed absence without leave. Any such absence shall be without pay and may be subject to disciplinary action. Any employee absent without leave for three (3) consecutive days shall be deemed to have voluntarily resigned. 207.34 Grievance Procedures Policy. It is the policy of the City to prevent the occurrence of grievances insofar as practicable and to provide an orderly, efficient and timely procedure for dealing with those which do occur. Procedure. The procedure established herein shall 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. Step 1: An employee claiming a violation concerning the interpretation or application of this chapter shall, within twenty one (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 provision or provisions of the chapter allegedly violated, and the remedy requested. The supervisor will discuss and give an answer in writing to step 1 grievance within fifteen (15) calendar days after receipt. A grievance not resolved in step 1 shall be appealed to step 2 within fifteen (15) calendar days after the supervisor's final answer in step 1. Any grievance not appealed in writing to step 2 by the employee within fifteen (15) 18 calendar days shall be considered waived. 2. Step 2: A grievance unresolved in Step 1 and appealed to Step two shall be submitted in writing to the city administrator within fifteen (15) days. The city administrator will give an answer to Step 2 within fifteen (15) calendar days after receipt. The written response of the City Administrator shall constitute the City's final response to the employees grievance. 3. Step 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 fifteen (15) calendar days of receipt of the City Administrator's response in Step 2. Any grievance not appealed in writing to Step 3 by the employee within fifteen (15) calendar days shall be considered resolved. If appealed to the City Council, it may at its discretion, establish a date for hearing the employee's grievance. Following determination by the City Council, a written response shall be provided to the employee within fifteen (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 employees grievance. 4. Step 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 fifteen (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 fifteen (15) calendar days following the City's Step 3 answer. 5. Step 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 fifteen (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 the 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. 207.35 Resignation Resignation is a voluntary act initiated by the employee to terminate employment with the City. Although advance notice is not legally required, the City requests at least two weeks' written resignation notice from all non-exempt employees, and thirty (30) days from exempt employees pursuant to FLSA standards, to remain in good standing. If an employee does not provide advance notice as requested, the employee may be considered ineligible for re -hire. Further, resignation without appropriate notice may result in forfeiture of severance pay provisions. 207.36 Severance A full-time employee who has completed a minimum of ten (10) years of service and who terminates employment in good standing shall receive severance pay in an amount to be calculated at the employee's base pay rate upon leaving in accordance with the following schedule: Years of Service Accrued, Unused Sick Leave After 10 Years After 15 Years After 20 Years 25.0% 33.3% 50.0% The maximum amount of severance pay provided shall be limited to a calculation based on a maximum of four hundred and eighty (480) hours. See also vacation. 20 The motion for adoption of the foregoing ordinance was duly seconded by Councilmember Bergeson and upon a vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on November 13 , 1995 Second Reading Approved on November 27 , 1995 Published in the official newspaper on December 5, , 1995 34