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HomeMy WebLinkAbout1983-001 Council Ordinances• ORDINANCE NO. 1-83 AN ORDINANCE ADOPTING THE LINO LAKES CITY CODE The City Council of the City of Lino Lakes Ordians: Section I. Code Adopted There is hereby adopted that certain revision and codification of the ordinances of the City contained in a printed compilation entitled "Lino Lakes City Code." A copy of such code shall be marked "Official Copy" and filed as part of the official records of the City in the Office of the Clerk -Treasurer. Section II. Repeals Appendix A of the Lino Lakes City Code is a listing of all ordinances of the City from No. 1 to No. 83. All ordinances listed in Appendix A are hereby repealed, except those ordinances noted in the right-hand column of Appendix A as being included in the Appendices B through G. Ordinances so noted, being special or limited in nature and application, are continued in force but not set forth in the Code. The rest of Appendix A consists of a cross reference table indicating where in the Lino Lakes City Code the material from the various repealed ordinances may be found. Section III. Copies The Clerk -Treasurer shall provide a sufficient quantity of the Lino Lakes City Code for general distribution to the public and he shall give notice in the official newspaper for at least two successive weeks that copies are available in his office for examination or purchase. Section IV. Prima Facie Evidence. The Lino Lakes City Code shall be prima facie evidence of the law of the City. Section V. Effective Date. This Ordinance becomes effective June 1, 1983. Passed this 25th day of April, 1983. At,test: 1�G Edna L. Sarner, Clerk -Treasurer SUMMARY - ORD. #83 tt PERSONNEL POLICY An ordinance establishing a uniform and equitable system of personnel administration for employee's of the City of Lino Lakes. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: SECTION 1. The following described sections are an outline of the Personnel Policy: • 1. Purpose 2. Scope of Ordinance 3. Applicaton to Unionized Personnel 4. Definitions 5. Appointments 6. Appointment Procedure 7. Probationary Period 8. Work Hours 9. Grievance Policy. 10. Suspension 11. Demotion 12. Dismissal 13. Right of Appeal 14. Vacation Leave with Pay 15. Sick Leave 16. Special Leave 17. Bereavement Leave 18. Maternity Leave 19. Military Leave and Re-employment Rights 20. Leave of Absence Without Pay 21. Absence Without Leave 22. Travel Expenses 23. Holidays 211 1 PERSONNEL POLICY ORDINANCE No. $3 • • 1 • 1 • TABLE OF CONTENTS Section 1 PURPOSE Section 2 SCOPE OF ORDINANCE Section 3 APPLICATION TO UNIONIZED PERSONNEL Section 4 DEFINITIONS Section 5 APPOINTMENTS Section 6 APPOINTMENT PROCEDURE Section 7 PROBATIONARY PERIOD Section 8 WORK HOURS Section 9 GRIEVANCE POLICY Section 10 SUSPENSION Section 11 DEMOTION Section 12 DISMISSAL Section 13 RIGHT OF APPEAL Section 14 VACATION LEAVE WITH PAY Section 15 SICK LEAVE Section 16 SPECIAL LEAVE Section 17 BEREAVEMENT LEAVE Section 18 MATERNITY LEAVE Section 19 MILITARY LEAVE AND RE-EMPLOYMENT RIGHTS Section 20 LEAVE OF ABSENCE WITHOUT PAY Section 21 ABSENCE WITHOUT LEAVE Section 22 TRAVEL EXPENSES Section 23 HOLIDAYS Section 24 COMPENSATION Section 25 HEALTH AND LIFE INSURANCE • Section 26 EMPLOYEE EVALUATION Section 27 JURY OR WITNESS DUTY Section 28 POLITICAL ACTIVITY Section 29 UNLAWFUL ACTS Section 30 RESIGNATION Section 31 REPEAL Section 32 EFFECTIVE DATE SECTION 1 PURPOSE It is the purpose of this Ordinance to establish a uniform and equitable system of persnnel administration for employees of the City of Lino Lakes. • SECTION 2 SCOPE OF ORDINANCE • This ordinance shall establish the employment relationship of all municipal employees except the following: 1. All elected officials and members of committees, commissions, and boards. 2. Employees of the volunteer Fire Department. 3. The Administrator, City Engineer, City Attorney, and City Planner. 4. Temporary employees hired by the day or week to perform unskilled or semi -skilled work. 5. Consultants and others rendering temporary professional services. 6. Volunteer personnel and personnel appointed to serve without pay. 7. Other employees not regularly employed in permanent positions. 8. Any other persons specifically exempted by the City Council. • • • SECTION 3 APPLICATION TO UNIONIZED PERSONNEL This Ordinance shall be applicable to unionized personnel of the City of Lino Lakes. In the event of conflict between this Personnel Ordinance and a written contract between the City and an exclusive bargaining representative as defined by Minnesota Statutes, the Written Contract shall supersede those sections in question. • 4111 SECTION 4 DEFINITIONS PERMANENT FULL-TIME EMPLOYEE: An employee who has successfully completed the required probationary period and who is employed on a schedule of at least (40) hours per week. PROBATIONARY EMPLOYEE: An employee who has been assigned to a full-time or part-time position but who has not completed the probationary period. PART-TIME EMPLOYEE: An employee who normally works less than (25) hours per week on the average. SEASONAL EMPLOYEE: An employee who is hired on a seasonal basis for a period not in excess of (100) working days in any calendar year. TEMPORARY EMPLOYEE: An employee who works less than (15) weeks in a calendar year. FISCAL YEAR: The period January 1 through December 31, inclusive. • • • SECTION 5 APPOINTMENTS The City Administrator shall recommend to the City Council the hiring of any seasonal, probationary, temporary, permanent full-time, or part-time employee. • SECTION 6 APPOINTMENT PROCEDURE All appointments in the municipal service shall be made according to merit and fitness. SUBD. 1. By Examination. When required by law or by the City Council, merit and fitness may be ascertained by written, oral, or other examinations and shall relate to those matters which will test fairly the capacity and fitness of the candidate to discharge efficiently the duties of the position for which such examinations are held. SUBD. 2. Without Examination. In case of appointment for positions for ;which examinations are not required, the City Council may appoint any person who appears to meet the requirements listed in the class specifications and whom the City Council deems qualified to perform the duties of the position. • • • • SECTION 7 PROBATIONARY PERIOD SUBD. 1. Purpose. The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to his/her position, and for rejecting any employee whose performance does not meet the required work standards. SUED. 2. Duration. Every original appointment and every promotional appointment is subject to a probationary period of (6) months after appointment. Upon completion of the employee's first (3) months of service, the department head shall provide the employee with a written evaluation of his/her performance. SUBD. 3. Termination. The appointing authority may terminate a probationary employee at any time during the probationary period if in the appointing authority's opinion the working test indicates that the employee is unable or unwilling to perform the duties of the position satisfactorily or that his/her habits and dependability do not merit continuance in the position. The employee so terminated shall be notified in writing of the reasons for the termination and shall not have the right to appeal unless he/she is a veteran, in which case the procedure prescribed in Minnesota Statutes Section 197.46 shall be followed. A permanent employee terminated during the probationary period from a position to which he/she has been promoted or transferred shall be rein- stated to a position in the class from which he/she was promoted or transferred unless he/she is discharged from the City service as provided in the Ordinance. If a permanent employee promoted or transferred to a position not in the competitive service is terminated from that position he/she shall be reinstated to a position in the class from which he/she came unless he/she is discharged as provided by the Ordinance. SUBD. 4. Completion. Immediately prior to the expiration of the probationary period, the department head shall notify the City Administrator in writing whether or not the services of the employee have been satisfactory and whether or not the employee will be continued. If the notification states that the employee will be continued, the employee shall become a permanent employee at the end of the probationary period. • • • SECTION 8 WORK HOURS Work schedules for personnel shall be established by the appropriate department head. Normally, the regular work week for employees is five (5) eight (8) hour working days in addition to a lunch period, Monday through Friday, except as otherwise established by the department head in accordance with custom and need of the department. • • • SECTION 9 GRIEVANCE POLICY SUBD. 1. It is the policy of the City insofar as possible to prevent the occurence of grievances and to deal promptly with those which occur. When any employee's grievance comes to the attention of a supervisory employee, the supervisor shall discuss all relevant circumstances with the employee, and his/her representative, if he/she so desires, consider and examine the causes of the grievance, and attempt to resolve it to the extent that he/she has the authority to do so. If the grievance is not dealt with satisfactorily at that level, the grievance may be carried up to the City Administrator, who at that time would make the City's final determination. SUBD. 2. A grievance unresolved with the City Administrator and appealed by the aggrieved employee shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with " Rules Governing the Arbitration of Grievances ", as established by the Public Employment Relations Board. SUBD. 3. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Personnel Policy. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the City abd the aggrieved employee, and shall have no authority to make a decision on any other issue not so submitted. SUBD. 4. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the City and the aggrieved employee and shall be based solely on the arbitrator's interpretation or application of the express terms of this Policy and to the facts of the grievance presented. SUBD. 5. The fees and expenses for the arbitrator's services and preceedings shall be borne equally by the City and the aggrieved employee. • • • SECTION 10 SUSPENSION The City Administrator may suspend any employee wityout pay for disciplinary reasons. Such suspensions shall not exceed (10) working days for any one incident. 40 SECTION 11 DEMOTION An employee may be demoted by the City Council for insufficient performance of his/her duty, for disciplinary reasons, or for other good and sufficient reason. • • • SECTION 12 DISMISSAL Any officer or employee subject to the provisions of this Ordinance may be dismissed from the municipal service by the City Council. Evidence of the following shall be sufficient cause for dismissal. 1. Incompetence or inefficiency in the performance of his/her duties. 2. Conviction of a criminal offense when potential conflicts exist. 3. Violation of any lawful or official regulation or order or failure to obey any lawful direction made and given by his/her superior where such violation or failure to obey amounts to an act of insubordination or 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. 4. Consumption of alcohol or drugs while on duty. 5. Physical or mental defect which, in the judgement of the City Council, based on medical evidence, if available, incapacitates the employee for the proper performance of the duties of his/her position. 6. The use of offensive conduct or language toward the public or municipal employees. 7. Carelessness or negligence in the handling and control of municipal property. 8. Inducing or attempting to induce an officer or employee of the municipality to commit an unlawful act or to act in violation of any lawful or reasonable official regulation or order. 9. Taking any fee, gift, or other valuable thing in the course of his/her work or in connection with it, from any person for his/her 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. 10. Proven dishonesty in the performance of his/her duties. 11. Violation of the provisions of this Ordinance, with willful knowledge. • • SECTION 13 RIGHT OF APPEAL In all cases of suspension, demotion, or dismissal, the reasons for such action must be presented in a dated, written statement to the employee affected. Upon the employee's dated written appeal to the City Council filed within (5) working days of receipt of the statement of reasons, Permanent Full -Time employees shall be granted a hearing before the City Council; said hearing to be held no later than (15) days from the date of filing of the request for hearing. If the cause for suspension, dismissal, or demotion is not substantiated before the City Council, the employee shall be reinstated in his/her former position and shall receive all payments and benefits which would have been earned during the period of suspension, dismissal, or demotion. 4111 SECTION 14 VACATION LEAVE WITH PAY SUBD. 1. Amount Allowed. The objective of vacation pay is to provide employees with a period of rest and relaxation, and shall not be waived for the purpose of receiving double pay. Vacation will be granted to Permanent Full -Time employees according to the following schedule, unless otherwise negotiated with the City Administrator. • • After 1 year of service After 2 years of service After 5 years of service 1 week 2 weeks 3 weeks SUBD. 2. Accrual. An employee shall not be permitted to carry over vacation time from one year to the next except by permission of the City Administrator. SUBD. 3. When Taken. Vacations are to be taken in the year following anniversary of employment and each year thereafter. Vacations must be arranged for at least (30) days in advance and be approved by the department head. The City Administrator shall make the final determination of any questions regarding vacation leave. SUBD. 4. Terminal Leave. Any Permanent Full -Time employee voluntarily terminating his/her employment with the City shall receive pay for vacation accumulated but not used. If, however, an employee fails to submit a (2) week notice for voluntary separation, he/she shall forfeit his/her right to accumulated vacation pay. • SUBD. 15 SICK LEAVE • • SUBD. 1. Amount. Sick leave with pay shall be accrued by all permanent employees at the rate of one working day for each calendar month of full-time service or major fraction thereof. Paid sick leave shall be granted only to those employees who have accrued sick leave time. Sick leave may be accumulated up to a maximum of (120) days. SUBD. 2. Purpose. Sick leave may be granted to Permnent Full -Time employees not on personal leave when the employee is unable to perform work duties due to illness, disability, the necessity for medical, dental, or chiropractic care, or exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. SUBD. 3. Proof. In order to be eligible for sick leave with pay, an employee must: A. Report promptly to his/her department head, or to the City office, the reason for his/her absence. B. Keep his/her department head informed of his/her condition, if the absence is more than (3) days duration. C. Submit a medical certificate for any absence exceeding (3) days. SUBD. 4. Penalty. Claiming sick leave when physically fit, may be cause for disciplinary action, including transfer, suspension, demotion or dismissal. SUBD. 5. Applicability to Leave Benefits. During the probatonary period following an original appointment, an employee is not entitled to sick leave or vacation leave. After the end of the probationary period, an employee is entitled to sick leave and vacation leave accrued from the start of the probationary employment. • • SECTION 16 SPECIAL LEAVE The City Administrator may allow an employee special leave at full pay for attendance at conferences benefiting the City provided that sufficient funds have been budgeted. 4111 SECTION 17 BEREAVEMENT LEAVE SUBD. 1 Permanent Full -Time employees shall be allowed (3) working days with pay as Funeral Leave days, not to be deducted from sick leave, for a death in the immediately family. Immediate family is to be defined as: Mother, Father, Wife, Husband, Sister, Brother, Child or Child of Spouse. SUBD. 2. In the event of the death of aMother-in-law, Father-in-law, Grandmother, Grandfather, Aunt, Uncle, or Cousin, a Permanent Full -Time employee may take as Funeral Leave by deducting from sick leave, the day of the funeral and the day preceeding and the day following, with pay, provided they are regularly scheduled work days. • • • • • SECTION 18 MATERNITY LEAVE Leaves of absences shall not ordinarily be granted because of pregnancy. However, the City Administrator may recommend that the Council grant an official leave of absence without pay because of pregnancy when they feel it is in the best interest of the City and where the particular skills of the employee are especially valuable, thereby warranting the filling of the vacated job on a temporary basis. Sick leave shall not be paid during such leave and there shall be no accrual of other benefits during a maternity leave. The maternity leave shall not extend beyond four months. The employee shall notify the City Administrator at least (30) days prior to the commencement date of the leave of her/his desire for a leave. At that time she/he shall indicate an end date to the leave. When the employee returns to work she/he shall be reinstated to her/his original position or a position in a same or similar class with the same pay range. The City Administrator may require that the employee produce medical certification that she/he is fit to return to work A request for an extension of a maternity leave of absence beyond the four month limit may be authorized by the City Administrator. • SECTION 19 MILITARY LEAVE AND RE-EMPLOYMENT RIGHTS SUBD. 1. Military leave of absence and re-employment rights of employees returning from active service with the armed forces shall be sub- ject to applicable Federal and/or State Legislation. SUBD. 2. All Permanent Full -Time employees shall be entitled to benefits as provided in Minnesota Statutes Section 196.26 relating to National Guard or Reserve Training duty not to exceed (15) days. SUBD. 3. All Permanent Full -Time employees shall be entitled to benefits as provided in Minnesota Statutes Section 196.26 relating to active duty in time of emergency. Such leave of absence shall be with- out pay. SUBD. 4. Upon return from a military leave of absence, a permanent employee shall be reinstated to his/her former position if it still exists and the employee is competent to perform the duties of the position. If the position no longer exists the employee shall be reinstated to a position of like status and pay, unless, circumstances have so changed as to make it impossible or unreasonable to do so. • • • • • SECTION 20 LEAVE OF ABSENCE WITHOUT PAY Upon request of an employee to the City Administrator, leave of absence without pay may be granted by the City Council. Such leave of absence shall not exceed a period of (90) days provided that the same may be extended beyond such a period if for continued disability or other good and sufficient reasons, but in no case to exceed (1) year. No vacation or sick leave benefits shall accrue during a period of leave of absence without pay. • • SECTION 21 ABSENCE WITHOUT LEAVE SUED. 1. Any employee who is absent from duty on a regularly scheduled shift or is absent for any part of a regularly scheduled shift without giving proper notification to the supervisor shall lose all benefits for the period of absence including pay and sick and vacation leave accumulation. SUBD. 2. Any employee reported to be absent without leave shall be subject to disciplinary action including reprimand and suspension by the City Administrator, or demotion and dismissal by the City Council. SUBD. 3. Any employee reported absent without leave for a period of (3) consecutive working days may be considered by the City Adminis- trator to have resigned from the City service and to forfeit all accrued benefits. • SECTION 22 TRAVEL EXPENSES On municipal business, an employee will be reimbursed for his/her travel expenses. These expenses shall include mileage, meals, and lodging with rates to be set by Council Resolution from time to time. In order to receive such reimbursement, the employee shall immediately upon return to work, fill out the appropriate claim form and submit it to his/her iimuediate supervisor along with actual receipts. • III/ SECTION 23 HOLIDAYS • • The following calendar days and such other days as the Council may fix are paid holidays. New Year's Day Presidents Day Memorial Day Independence Day Labor Day Christopher Columbus Day Veterans Day Thanksgiving Day Christmas Day January 1 The third Monday in February The last Monday in May July 4 The first Monday in September The second Monday in October November 11 The fourth Thursday in November December 25 The City Hall shall be closed for business on each such holiday, but employees may be required to work on paid holidays when the nature of their duties or other conditions require. Employees shall observe the days herein designated as legal holidays and shall receive compensation as though worked, but essential operations shall be maintained by such skeleton crews as the department head deems necessary. In order to be eligible for paid holidays, permanent full- time employees must work the last working day before and the first working day after such holidays, unless on vacation, on leave or otherwise excused. • • • SECTION 24 COMPENSATION SUBD. 1. Rates of Pay. Rates of pay for all employees shall be set by the City Council upon the receipt of recolmuendations from the City Administrator, SUBD. 2. Payroll Deductions. The automatic payroll deductions shall be made as required for Federal and State Government taxes, and the various pension plans. Employees may elect to have payroll deductions made for a municipal employee group insurance plan, United States Savings Bonds, and union dues, if mechanically possible. SUBD. 3. Temporary and Part -Time Employees. Temporary and Part -Time employees are not entitled to sick leave, vacation leave, or holidays with pay. SUBD. 4. Overtime. Employees to whom either the State or Federal Fair Labor Standards Acts apply shall be compensated for overtime at (12) the regular rate of pay. To the extent permitted by law, compensatory time off shall be taken as approved by the department head for periods of not less than (4) hours at a time. Compensatory time off must be paid to the employee or taken, within the calendar year for which the overtime is granted. SUBD. 5. Pay Days. Employees shall be paid bi-monthly. In the event pay day falls on a holiday, or Saturday, payment shall be made on the preceeding day. In the event pay day falls on a Sunday, payment shall be made on the following day. Pay checks shall not be issued other than on regular pay days. Employees who will be absent on regular pay days due to vacation or leave of absence and wish to receive their checks in advance, will be required to notify the City Administrator (10) days in advance. SUBD. 6. Supervisory Employees. No department head shall qualify for compensatory time off or overtime pay. A record of such hours may be kept for the purpose of annual salary adjustments. • SECTION 25 HEALTH AND LIFE INSURANCE The City will pay for eligible employees a specified amount of the total premium per employee and dependents, to the authorized insurance company, for health and life insurance benefits. Any additional premiums will be paid by the employee through payroll deductions. • • 111/ SECTION 26 EMPLOYEE EVALUATION SUBD. 1. All Permanent Full -Time employees will be evaluated once each year by the City Administrator. The evaluation will be in the form of a written review of the employee's job performance. A personal interview shall be conducted after receipt of the written evaluation. SUBD. 2. All evaluations shall be made part of the employee's personal records. • • • • • SECTION 27 JURY OR WITNESS DUTY Any employee who is required to serve as a juror or is under subponea in court shall be granted leave with pay while serving in such capacity, contingent upon the employee paying to the municipal treasury the fees received for such services. • • • SECTION 28 POLITICAL ACTIVITY SUBD. 1. The purpose of this section is to balance the individual rights of each employee against the right of the public to receive municipal services free from political influence or consideration. SUBD. 2. The political activities listed below are specifically prohibited by City employees. A. Acting as a worker at the polls within the City; B. Campaigning for a candidate of issue during prescribed working hours or while on City business; C. Attempting to influence a campaign by specifically alluding to the employee's position with the City; D. Participating in a campaign where such participation constitutes a conflict of interest between the employee and the carrying out of his/her duties. SUBD. 3. No employee of the City shall hold any other office or employment under the City, County, State, or Federal Government, or any division thereof, except such office or employment which does not interfere with the impartial discharge of duties or result in the wielding of legislative or executive authority over conditions of employment. SUBD. 4. Any employee who shall become a candidate for any elective office may be granted a leave of absence without pay. Such leave of absence shall be at the the request of the employee and shall not exceed (90) days. • SECTION 29 UNLAWFUL ACTS SUBD. 1. Discrimination. No person shall be employed, promoted, demoted, or discharged by the City or in any way favored or discriminated against because of political opinions or affiliations, race, color national origin, religion, sex, marital status, status with regard to public assistance or disability, or because of the exercise of rights under provisions of the Public Employment Labor Relations Act, Minnesota Statutes Sections 179.61 to 179.76. No person who is between (18) and (70) years of age shall be discriminated against with reference to City employment in any way forbidden by Federal or State Law. • • 410 SECTION 30 RESIGNATION Any employee wishing to leave the municipal service in good standing shall file with his/her department head, at least (14) days before leaving, a written resignation stating the effective date of the resignation and the reason(s) for leaving. Failure to comply with this procedure may be considered cause for denying the employee future employment by the City. • • • • SECTION 31 REPEAL This ordinance repeals Ordinance No. 43, passed on January 23, 1967; Ordinance No. 43A, passed on May 24, 1971; Ordinance No. 43B, passed on November 8, 1971; Ordinance No. 43C, passed on September 11, 1972; and Ordinance No. 43D, passed on January 8, 1973 and all related Resolutions pertaining to personnel. • • a SECTION 32 EFFECTIVE DATE This Ordinance shall be effective and in full force upon its passage and publication according to law. Passed this ATTEST: of , 19 Edna L. Sarner, Clerk -Treasurer F. Kenneth Gourley, Mayor