HomeMy WebLinkAboutPersonnel Policy 2016 draft 12.15.16 THE CITY OF
LAKE ELMO
HUMAN RESOURCES & BENEFITS INFORMATION
PERSONNEL POLICY MODEL
Adopted December XX, 2016(superseding all other versions)
INTRODUCTION
Purpose
This handbook provides information to you, as an employee of the City of Lake Elmo, about
certain terms and conditions of your employment. It is not, and should not be considered, an
employment contract. Your continued employment, and the conditions of the employment, is
solely within the discretion of the City of Lake Elmo. The handbook summarizes major policies
and programs related to your employment. Additional information about many of these policies
and programs is available from the city's Administration office. Please take advantage of those
resources to assure that you are fully aware of your rights and responsibilities as an employee of
the City of Lake Elmo.
Except as otherwise prohibited by law, the City of Lake Elmo has the right to terminate any
employee at any time for any or no reason. Employees may similarly terminate employment at any
time for any reason.
Scope
These policies apply to all employees of the city,unless covered in a collective bargaining
agreement. Except where specifically noted, these policies do not apply to:
I. Elected officials
2. City attorney
3. Members of city boards, commissions, and committees
4. Consultants and contractors
5. Volunteers, except as specifically noted for paid-per-call firefighters.
If any specific provisions of the personnel policies conflict with any current union agreement or
civil service rules, the union agreement or civil service rules will prevail. Union employees are
1
encouraged to consult their collective bargaining agreement first for information about their
employment conditions. Nothing in these policies is intended to modify or supersede any
applicable provision of state or federal law.
These policies serve as an information guide to help employees become better informed and to
make their experience with the city more rewarding. Departments and other classes of employees
may have special work rules deemed necessary by the supervisor and approved by the city
administrator for the achievement of objectives of that department. Each employee will be given a
copy of such work rules by the department upon hiring and such rules will be further explained
and enforcement discussed with the employee by the immediate supervisor.
DEFINITIONS
For purposes of these policies, the following definitions will apply:
Authorized Hours
The number of hours an employee was hired to work. Actual hours worked during any given pay
period may be different than authorized hours, depending on workload demands or other factors,
and upon approval of the employee's supervisor.
Benefits
Privileges granted to qualified employees in the form of paid leave and/or insurance coverage.
Benefit Earning Employees
Employees who are eligible for at least a pro-rated portion of city-provided benefits. Such
employees must be year-round employees who work at least 20 hours per week on a regular basis.
Demotion
The movement of an employee from one job class to another within the city, where the maximum
salary for the new position is lower than that of the employee's former position.
Direct Deposit
As permitted by state law, all city employees are required to participate in direct deposit.
Exempt Employee
Employees who are not covered by the overtime provisions of the federal or state Fair Labor
Standards Act.
FICA (Federal Insurance Contributions Act)
FICA is the federal requirement that a certain amount be automatically withheld from employees'
earnings. Specifically, FICA requires an employee contribution of 6.2 percent for Social Security
and 1.45 percent for Medicare. The city contributes a matching 7.65 percent on behalf of each
employee. Certain employees are exempt or partially exempt from these withholdings (e.g., police
officers).
2
Fiscal Year
The period from Jan. 1 to Dec. 31.
Full-Time Employee
Employees who are required to work forty (40) or more hours per week year-round in an ongoing
position.
Hours of Operation
The city's regular hours of operation are Monday through Friday, from 8 a.m. to 4:30 p.m.
Management Employee
An employee who is responsible for managing a department or division of the city.
Non-Exempt Employee
Employees who are covered by the federal or state Fair Labor Standards Act. Such employees are
normally eligible for overtime at 1.5 times their regular hourly wage for all hours worked over
forty(40) in any given workweek.
Part-Time Employee
Employees who are required to work less than forty(40) hours per week year-round in an ongoing
position.
Pay Period
A fourteen (14) day period beginning at 12:01 a.m. on Monday through midnight on Sunday,
fourteen(14) days later.
PERA (Public Employees Retirement Association)
Statewide pension program in which all city employees meeting program requirements must
participate in accordance with Minnesota law. The city and the employee each contribute to the
employee's retirement account.
Promotion
Movement of an employee from one job class to another within the city, where the maximum
salary for the new position is higher than that of the employee's former position
Reclassify
Movement of a job from one classification to another classification because of a significant change
in the position's duties and responsibilities
Seasonal Employee
Employees who work only part of the year(100 days or less)to conduct seasonal work. Seasonal
employees may be assigned to work a full-time or part-time schedule. Seasonal employees do not
earn benefits or credit for seniority.
3
Service Credit
Time worked for the city. An employee begins earning service credit on the first day worked for
the city. Some forms of leave will create a break in service.
Temporary Employee
Employees who work in temporary positions. Temporary jobs might have a defined start and end
date or may be for the duration of a specific project. Temporary employees may be assigned to
work a full-time or part-time schedule. Temporary employees do not earn benefits or credit for
seniority.
Orientation Period
A six-month period at the start of employment with the city(or at the beginning of a promotion,
reassignment, or transfer)that is designated as a period within which to learn the job, unless
covered by a collective bargaining agreement stating a different time frame. The training period is
an integral extension of the city's selection process and is used by supervisors for closely
observing an employee's work. An employee serving his/her initial probationary period may be
disciplined at the sole discretion of the City,up to and including dismissal. An employee so
disciplined, including dismissal, will not have any grievance rights.
Nothing in this policy handbook shall be construed to imply that after completion of the
probationary period, an employee has any vested interest or property right to continued City
employment.
Time served in temporary, seasonal, volunteer or interim positions are not considered part of the
probationary period. If an emergency arises during an employee's probationary period which
requires a leave of absence, such time off, if granted, will not be considered as time worked, and
the probationary period will be extended by the length of time taken.
Paid Time Off(PTO)
Paid authorized absence from duty.
Transfer
Movement of an employee from one city position to another of equivalent pay.
Weapons
Weapons are defined to include all legal or illegal firearms, switchblade knives, or any other object
that has been modified to serve as a weapon or that has the primary purpose of serving as a
weapon.
Workweek
A workweek is seven consecutive 24-hour periods. For most employees the workweek will run
from Monday through the following Sunday. With the approval of the city administrator,
departments may establish a different workweek based on coverage and service delivery needs
(e.g., police department, fire department,public works department).
4
EEO Policy Statement
The City of Lake Elmo is committed to providing equal opportunity in all areas of employment,
including but not limited to recruitment, hiring, demotion,promotion, transfer, recruitment,
selection, lay-off, disciplinary action, termination, compensation and selection for training. The
City of Lake Elmo will not discriminate against any employee or job applicant on the basis of race,
color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender
expression, disability, age, marital status, genetic information, status with regard to public
assistance, veteran status, familial status, or membership on a local human rights commission or
lawful participation in the Minnesota Medical Cannabis Patient Registry.
Data Practices Advisory
Employee records are maintained in a location designated by the city administrator. Personnel data
is retained in personnel files, finance files, and benefit/medical files. Information is used to
administer employee salary and benefit programs, process payroll, complete state and federal
reports, document employee performance, etc.
Employees have the right to know what data is retained, where it is kept, and how it is used. All
employee data will be received, retained, and disseminated according to the Minnesota
Government Data Practices Act.
Media Requests
All city employees have a responsibility to help communicate accurate and timely information to
the public in a professional manner. Requests for private data or information outside of the scope
of an individual's job duties should be routed to the appropriate department or to the data practices
authority.
Any employee who identifies a mistake in reporting should bring the error to the city administrator
or other appropriate staff. Regardless of whether the communication is in the employee's official
city role or in a personal capacity, employees must comply with all laws related to trademark,
copyright, software use, etc.
All requests for interviews or information from the media are to be routed through the city
administrator. No city employee is authorized to speak on behalf of the city without prior
authorization from the city administrator or his/her designee. Media requests include anything
intended to be published or viewable to others in some form such as television, radio, newspapers,
newsletters, social media postings, and websites. When responding to media requests, employees
should follow these steps:
I. If the request is for routine or public information (such as a meeting time or agenda),provide
the information and notify the city administrator of the request.
2. If the request is regarding information about city personnel, potential litigation, controversial
issues, an opinion on a city matter, or if an employee is unsure if the request is a"routine"
question, forward the request to the city administrator. An appropriate response would be, "Per
our city policy,please contact the city administrator for a response to your inquiry"
5
All news releases concerning city personnel will be the responsibility of the city administrator.
When/if the city administrator authorizes a staff person to communicate on behalf of the city in
interviews,publications, news releases, on social media sites, and related communications,
employees must:
• Identify themselves as representing the city. Account names on social media sites must be
clearly connected to the city and approved by the city administrator.
• Be respectful,professional, and truthful when providing information. In most cases, only
factual information(not opinions or editorial comments) should be provided: "The city
finished street cleaning on 16 streets in the northwest corner of the city this past week"
instead of"The city is doing a great job with street cleaning this year!" Corrections must be
issued when needed.
• Generally not include personal opinions in official city statements. One exception is
communications related to promoting a city service. For example, an employee could post
the following on the city's Facebook page: "My family visited Hill Park this weekend and
really enjoyed the new band shelter."Employees who have been approved to use social
media sites on behalf of the city should seek assistance from the city administrator on this
topic.
• Notify the city administrator if they will be using their personal technology(cell phones,
home computer, cameras, etc.) for city business. Employees should be aware that the data
transmitted or stored may be subject to the Minnesota Government Data Practices Act.
Personal Communications and Use of Social Media
It is important for city employees to remember that the personal communications of employees
may reflect on the city, especially if employees are commenting on city business. The following
guidelines apply to personal communications, including various forms such as social media
(Facebook, Twitter, blogs, YouTube, etc.), letters to the editor of newspapers, and personal
endorsements:
• Remember that what you write or post is public, and will be so for a long time. It may also
be spread to large audiences. Use common sense when using email or social media sites. It
is a good idea to refrain from sending or posting information or photos that you would not
want your boss or other employees to read, or that you would be embarrassed to see in the
newspaper. Keep in mind harassment,bullying, threats of violence, discrimination, or
retaliation that would not be permissible in the workplace is not permissible between co-
workers online, even if it is done after hours, from home and on home computers.
• The City of Lake Elmo expects its employees to be fair, courteous, and respectful to
supervisors, co-workers, citizens, customers, and other persons associated with the city.
Avoid using statements, photographs, video, or audio that can be reasonably viewed as
malicious, obscene, threatening or intimidating, disparaging, or might constitute
harassment or bullying. Examples of such conduct might include offensive posts meant to
intentionally harm someone's reputation or posts that could contribute to a hostile work
environment on the basis of sex, race, national origin, age, color, creed, religion, disability,
marital status, familial status, veteran status, sexual orientation, gender identity, or gender
6
expression, status with regard to public assistance or membership or activity in a local
commission.
• If you publish something related to city business, identify yourself and use a disclaimer
such as, "I am an employee of the City of Lake Elmo. However, these are my own opinions
and do not represent those of the City of Lake Elmo."
• City resources, working time, or official city positions cannot be used for personal profit or
business interests, or to participate in personal political activity. Some examples: a building
inspector could not use the city's logo, email, or working time to promote his/her side
business as a plumber; a parks employee should not access a park after hours even though
he or she may have a key; a clerk, while working at City Hall, should not campaign for a
friend who is running for City Council.
• Personal social media account name or email names should not be tied to the city(e.g.,
Lake Elmo Cop).
CITYWIDE WORK RULES & CODE OF CONDUCT
Conduct as a City Employee
In accepting city employment, employees become representatives of the city and are responsible
for assisting and serving the citizens for whom they work. An employee's primary responsibility is
to serve the residents of Lake Elmo. Employees should exhibit conduct that is ethical, professional,
responsive, and of standards becoming of a city employee. To achieve this goal, employees must
adhere to established policies, rules, and procedures and follow the instructions of their
supervisors.
The following are job requirements for every position at the City of Lake Elmo. All employees are
expected to:
• Perform assigned duties to the best of their ability at all times.
• Render prompt and courteous service to the public at all times.
• Read, understand, and comply with the rules and regulations as set forth in these personnel
policies as well as those of their departments.
• Conduct themselves professionally toward both residents and staff and respond to inquiries
and information requests with patience and every possible courtesy.
• Report any and all unsafe conditions to the immediate supervisor.
• Maintain good attendance while meeting the goals set by your supervisor.
Attendance & Absence
The operations and standards of service in the City of Lake Elmo require that employees be at
work unless valid reasons warrant absence or an employee has a position that has been approved to
work remotely. In order for a team to function efficiently and effectively, employees must fully
understand the goals that have been set for them and the time that is required to be on the job.
Understanding attendance requirements is an essential function of every city position.
7
Employees who are going to be absent from work are required to notify their supervisor as soon as
possible in advance of the absence. In case of an unexpected absence, employees should call their
supervisor before the scheduled starting time and keep in mind the following procedures:
• If the supervisor is not available at the time, the employee should leave a message that
includes a telephone number where he/she can be reached and/or contact any other
individual who was designated by the supervisor.
• Failure to use the established reporting process will be grounds for disciplinary action.
• The employee must call the supervisor on each day of an absence extending beyond one (1)
day unless arrangements otherwise have been made with the supervisor.
• Employees who are absent for three (3) days or more and who do not report the absence in
accordance with this policy, will be considered to have voluntarily resigned not in good
standing.
• The city may waive this rule if extenuating circumstances warranted such behavior.
This policy does not preclude the city from administering discipline for unexcused absences of less
than three (3) days. Individual departments may establish more specific reporting procedures.
For budgetary and confidentiality reasons, non-exempt employees (eligible for overtime pay) are
not authorized to take work home or work through lunch without prior approval from their
supervisor.
Access to and Use of City Property
Any employee who has authorized possession of keys, tools, cell phones, pagers, or other city-
owned equipment must register his/her name and the serial number(if applicable) or identifying
information about the equipment with his/her supervisor.
All such equipment must be turned in and accounted for by any employee leaving employment
with the city in order to resign in good standing.
Employees are responsible for the safekeeping and care of all such equipment. The duplication of
keys owned by the city is prohibited unless authorized by the city administrator. Any employee
found having an unauthorized duplicate key will be subject to disciplinary action.
Appearance
Departments may establish dress codes for employees as part of departmental rules. Personal
appearance should be appropriate to the nature of the work and contacts with other people and
should present a positive image to the public. Clothing,jewelry, or other items that could present a
safety hazard are not acceptable in the workplace. Dress needs vary by function. Employees who
spend a portion of the day in the field need to dress in a professional manner appropriate to their
jobs, as determined by their supervisor. Employees may dress in accordance with their gender
identity, within the constraints of the dress codes adopted by the city. City staff shall not enforce
the city's dress code more strictly against transgender and gender diverse employees than other
employees.
8
Conflict of Interest
City employees are to remove themselves from situations in which they would have to take action
or make a decision where that action or decision could be a perceived or actual conflict of interest
or could result in a personal benefit for themselves or a family member. If an employee has any
question about whether such a conflict exists, he/she should consult with the city administrator.
Falsification of Records
Any employee who makes false statements or commits, or attempts to commit, fraud in an effort to
prevent the impartial application of these policies will be subject to immediate disciplinary action
up to and including termination and potential criminal prosecution.
Personal Telephone Calls
Personal telephone calls are not to interfere with city work and are to be completed as quickly as
possible. Any personal long distance call costs will be paid for by the employee. Please refer to the
cell phone policy for information on use of cellular phones.
Political Activity
City employees have the right to express their views and to pursue legitimate involvement in the
political system. However, no city employee will directly or indirectly, during hours of
employment, solicit or receive funds for political purposes. Further, any political activity in the
workplace must be pre-approved by the city to avoid any conflict of interest or perception of bias
such as using authority or political influence to compel another employee to apply for or become a
member in a political organization.
Smoking
The City of Lake Elmo observes and supports the Minnesota Clean Indoor Air Act. All city
buildings and vehicles, in their entirety, shall be designated as tobacco free, meaning that smoking
in any form (through the use of tobacco products such as pipes, cigars, and cigarettes) or"vaping"
with e-cigarettes is prohibited while in a city facility or vehicle.
Smoking of any kind, including pipes, cigars, cigarettes, vaping with e-cigarettes, and the use of
chewing tobacco, is prohibited for employees while on duty. Employees 18 and over are allowed
to smoke only during their breaks and lunch, and only in areas designated for that purpose.
EMPLOYEE RECRUITMENT & SELECTION
Scope
The city administrator or a designee will manage the hiring process for positions within the city.
While the hiring process may be coordinated by staff, the City Council is responsible for the final
hiring decision and must approve all hires to city employment. All hires will be made according to
merit and fitness related to the position being filled.
9
Features of the Recruitment System
The city administrator or designee will determine if a vacancy will be filled through an open
recruitment or by promotion, transfer, or some other method. This determination will be made on a
case-by-case basis. The majority of position vacancies will be filled through an open recruitment
process.
Application for employment will generally be made by application forms provided by the city.
Other materials in lieu of a formal application may be accepted in certain recruitment situations as
determined by the city administrator or designee. Supplemental questionnaires may be required in
certain situations. All candidates must complete and submit the required application materials by
the posted deadline, in order to be considered for the position.
The deadline for application may be extended by the city administrator. Unsolicited applications
will not be kept on file.
Position vacancies may be filled on an"acting"basis as needed. The City Council will approve all
acting appointments. Pay rate adjustments, if any, will be determined by the City Council.
Testing and Examinations
Applicant qualifications will be evaluated in one or more of the following ways: training and
experience rating; written test; oral test or interview; performance or demonstrative test; physical
agility test; or other appropriate job-related exam.
Internal recruitments will be open to any city employee who: (1) has successfully completed the
initial training period; (2) meets the minimum qualifications for the vacant position; and(3) is
currently in good standing with the city.
The City Council or designee will establish minimum qualifications for each position with input
from the appropriate supervisor. To be eligible to participate in the selection process, a candidate
must meet the minimum qualifications.
Pre-Employment Medical Exams
The city administrator or designee may determine that a pre-employment medical examination,
which may include a psychological evaluation, is necessary to determine fitness to perform the
essential functions of any city position. Where a medical examination is required, an offer of
employment is contingent upon successful completion of the medical exam. Information obtained
from the medical exam will be treated as confidential medical records.
When required, the medical exam will be conducted by a licensed physician designated by the city
with the cost of the exam paid by the city. (Psychological/psychiatric exams will be conducted by
a licensed psychologist or psychiatrist). The physician will notify the city administrator or
designee that a candidate either is or isn't medically able to perform the essential functions of the
job, with or without accommodations, and whether the candidate passed a drug test, if applicable.
If the candidate requires accommodation to perform one or more of the essential functions of the
10
job, the city administrator or designee will confer with the physician and candidate regarding
reasonable and acceptable accommodations. If a candidate is rejected for employment based on the
results of the medical exam, he/she will be notified of this determination.
Selection Process
The selection process will be a cooperative effort between the city administrator or designee and
the hiring supervisor, subject to final hiring approval of the City Council. Any, all, or none of the
candidates may be interviewed.
The process for hiring seasonal and temporary employees may be delegated to the appropriate
supervisor with each hire subject to City Council approval. Except where prohibited by law,
seasonal and temporary employees may be terminated by the supervisor at any time, subject to
City Council approval.
The city has the right to make the final hiring decision based on qualifications, abilities, experience
and City of Lake Elmo's needs.
Background Checks
All finalists for employment with the city will be subject to a background check to confirm
information submitted as part of application materials and to assist in determining the candidate's
suitability for the position. Except where already defined by state law, the city administrator will
determine the level of background check to be conducted based on the position being filled.
Orientation Period
The orientation period is an integral part of the selection process and will be used for the purpose
of closely observing the employee's work and for training the employee in work expectations.
Training periods apply to new hires, transfers,promotions, and rehires. Orientation periods are six
months in duration,but may be extended by, for example, an unpaid leave of absence, or when the
city administrator determines a longer orientation period is necessary.
Prior to completion of this orientation period, employees may be dismissed with or without cause
by written notice.
All promotions, transfers, and reappointments will be subject to a six (6) month orientation period.
During this orientation period employees will continue to be considered regular full-time employees,
will accrue seniority and will be protected in discharge procedure as other regular full-time
employees.
Successful completion of this orientation period does not guarantee continued employment with
the City or change the at-will status of your employment.
II
ORGANIZATION
Job Descriptions
The city will maintain job descriptions for each regular position. New positions will be developed
as needed but must be approved by the City Council prior to the position being filled.
A job description is prepared for each position within the city. Each job description will include:
position title, department, supervisor's title, FLSA status (exempt or non-exempt),primary
objective of the position, essential functions of the position, examples of performance criteria,
minimum requirements, desirable training and experience, supervisory responsibilities (if any),
and extent of supervisory direction or guidance provided to position.
Prior to posting a vacant position the existing job description is reviewed by the city administrator
or designee and the hiring supervisor to ensure the job description is an accurate reflection of the
position and that the stated job qualifications do not present artificial barriers to employment. All
postings are approved by the City Council.
A current job description is provided to each new employee. Supervisors are responsible for
revising job descriptions as necessary to ensure that the position's duties and responsibilities are
accurately reflected. All revisions are reviewed and must be approved by the city administrator.
HOURS OF WORK
Work Hours
Employee work schedules and opportunities to work remotely will be established by supervisors
with the approval of the city administrator. The regular workweek for employees is five eight-hour
days in addition to a lunch period, Monday through Friday, except as otherwise approved by the
city administrator in accordance with the customs and needs of the individual departments.
Part-time, seasonal, and temporary positions: In order to comply with law while avoiding
penalties, part-time employees will be scheduled with business needs and in a manner that ensures
positions retain part-time status as intended.. All shifts, including schedule trades or picked-up
shifts, must be pre-approved by supervisor. Unpaid furloughs may be imposed on employees who
exceed 28 hours/week. Working a shift without prior approval may result in discipline, up to and
including termination of employment.
Core Hours
To ensure employee availability and accountability to the public the city serves, all full-time
employees (exempt and non-exempt) are to be at work or available to the public and co-workers
during the city's business hours, Monday through Friday,unless away from the work site for a
work-related activity or on approved leave.
Meal Breaks and Rest Periods
A paid fifteen(15) minute break is allowed within each four(4) consecutive hours of work. An
unpaid thirty(30)minute lunch period is provided when an employee works eight(8) or more
12
consecutive hours. Employees are expected to use these breaks as intended and will not be
permitted to adjust work start time, end time, or lunch time by saving these breaks.
Departments with unique job or coverage requirements may have additional rules, issued by the
supervisor and subject to approval of the city administrator, on the use of meal breaks and rest
periods.
Adverse Weather Conditions
City facilities will generally be open during adverse weather. Due to individual circumstances,
each employee will have to evaluate the weather and road conditions in deciding to report to work
(or leave early). Employees not reporting to work for reasons of personal safety will not normally
have their pay reduced as a result of this absence. Employees will be allowed to use PTO or
compensatory time, or with supervisor approval, may modify the work schedule or make other
reasonable schedule adjustments.
Sworn police officers and public works maintenance employees will generally be required to
report to work regardless of conditions.
Decisions to cancel departmental programs (special events, recreation programs, etc.)will be made
by the respective supervisor or the city administrator.
COMPENSATION
Full-time employees of the city will be compensated as determined by the City Council. Unless
approved by the Council, employees will not receive any amount from the city in addition to the
pay authorized for the positions to which they have been appointed. Expense reimbursement or
travel expenses are not considered compensation and may be authorized in addition to regular pay
by the city administrator.
Compensation for seasonal and temporary employees will be set by the City Council at the time of
hire, or on an annual basis.
Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person
the amount of their own wages. While the Minnesota Government Data Practices Act(Minn. Stat.
§13.43), specifically lists an employee's actual gross salary and salary range as public personnel
data, Minnesota law also requires wage disclosure protection rights and remedies to be included in
employer personnel handbooks. To that end, and in accordance with Minn. Stat. §181.172,
employers may not:
• Require nondisclosure by an employee of his or her wages as a condition of employment.
• Require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee's wages.
• Take any adverse employment action against an employee for disclosing the employee's
own wages or discussing another employee's wages which have been disclosed voluntarily.
• Retaliate against an employee for asserting rights or remedies under Minn. Stat. §181.172,
subd. 3.
13
The city cannot retaliate against an employee for disclosing his/her own wages. An employee's
remedies under the Wage Disclosure Protection Law are to bring a civil action against the city
and/or file a complaint with the Minnesota Department of Labor and Industry at(651) 284-5070 or
(800) 342-5354.
Direct Deposit
As provided for in Minnesota law, all employees are required to participate in direct deposit.
Employees are responsible for notifying the HR Director of any change in status, including
changes in address, phone number, names of beneficiaries, marital status, etc. When paydays fall
on a holiday, deposits will be made the day before the holiday.
Time Reporting
Full-time, non-exempt employees are expected to work the number of hours per week as
established for their position. In most cases, this will be 40 hours per workweek. They will be paid
according to the time reported on their time sheets. To comply with the provisions of the federal
and state Fair Labor Standards Acts, hours worked and any leave time used by non-exempt
employees are to be recorded daily and submitted to payroll on a bi-weekly basis. Each time
reporting form must include the signature of the employee and immediate supervisor. Reporting
false information on a time sheet may be cause for immediate termination.
Overtime / Compensatory Time
The City of Lake Elmo has established this overtime policy to comply with applicable state and
federal laws governing accrual and use of overtime. The city administrator will determine whether
each employee is designated as "exempt" or"non-exempt" from earning overtime. In general,
employees in executive and professional job classes are exempt; all others are non-exempt.
Non-Exempt (Overtime-Eligible) Employees
All overtime-eligible employees will be compensated at the rate of time-and-one-half for all hours
worked over 40 in one workweek. PTO and paid holidays do not count toward"hours worked."
Compensation will take the form of either time-and-one-half pay or banked as compensatory time
as determined by the employee. Compensatory time is banked paid time off and is earned at the
rate of one-and-one-half hours off for each hour of overtime worked.
For most employees the workweek begins at 12:01 a.m. on Monday and runs until the following
Sunday night at midnight. Supervisors may establish a different workweek based on the needs of
the department, subject to the approval of the city administrator.
The employee's supervisor must approve overtime hours in advance. An employee who works
overtime without prior approval may be subject to disciplinary action.
Overtime earned will be paid at the rate of time-and-one-half on the next regularly scheduled
payroll date,unless the employee indicates on his/her timesheet that the overtime earned is to be
banked as compensatory time in lieu of payment.
14
The maximum compensatory time accumulation for any employee is 16 hours per year. Once an
employee has earned 16 hours of compensatory time in a calendar year, no further compensatory
time may accrue in that calendar year. All further overtime will be paid. Employees may request
and use compensatory time off in the same manner as other leave requests.
All compensatory time will be marked as such on official time sheets,both when it is earned and
when it is used. The Finance Department will maintain compensatory time records. All
compensatory time accrued will be paid when the employee leaves city employment at the hourly
pay rate the employee is earning at that time.
Exempt (Non-Overtime-Eligible) Employees
Exempt employees are expected to work the hours necessary to meet the performance expectations
outlined by their supervisors. Generally, to meet these expectations, and for reasons of public
accountancy, an exempt employee will need to work 40 or more hours per week. Exempt
employees do not receive extra pay for the hours worked over 40 in one workweek.
Exempt employees are paid on a salary basis. This means they receive a predetermined amount of
pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or
quantity of work performed, and they receive their full weekly salary for any week in which any
work is performed.
The City of Lake Elmo will only make deductions from the weekly salary of an exempt employee
in the following situations:
• The employee is in a position that does not earn PTO and is absent for a day or
more.
• The employee is in a position that earns PTO, receives a short-term disability
benefit or workers' compensation wage loss benefits, and is absent for a full day
due to sickness or disability, but he/she is either not yet qualified to use the paid
leave or he/she has exhausted all of his/her paid leave.
• The employee is absent for a full workweek and, for whatever reason, the absence
is not charged to paid leave (for example, a situation where the employee has
exhausted all of his/her paid leave or a situation where the employee does not earn
paid leave).
• The very first workweek or the very last workweek of employment with the city in
which the employee does not work a full week. In this case, the city will prorate the
employee's salary based on the time actually worked.
• The employee is in a position that earns paid leave and is absent for a partial day
due to personal reasons, illness, or injury, but:
• Paid leave has not been requested or has been denied.
• Paid leave is exhausted.
• The employee has specifically requested unpaid leave.
• The employee is suspended without pay for a full day or more for disciplinary
reasons for violations of any written policy that is applied to all employees.
• The employee takes unpaid leave under the FMLA.
15
• The City of Lake Elmo may for budgetary reasons implement a voluntary or
involuntary unpaid leave program and,under this program, make deductions from
the salary of an exempt employee. In this case, the employee will be treated as non-
exempt for any workweek in which the budget-related deductions are made.
The City of Lake Elmo will not make deductions from pay due to exempt employees being absent
for jury duty or attendance as a witness but will require the employee to pay back to the city any
amounts received by the employee as jury fees or witness fees.
If the city inadvertently makes an improper deduction to the salary of an exempt employee, the
city will reimburse the employee and make appropriate changes to comply in the future.
All employees, in all departments, are required to work overtime as requested by their supervisors
as a condition of continued employment. Refusal to work overtime may result in disciplinary
action. Supervisors will make reasonable efforts to balance the personal needs of their employees
when assigning overtime work.
Leave Policy for Exempt Employees
Exempt employees are required to work the number of hours necessary to fulfill their
responsibilities including evening meetings and/or on-call hours. The normal hours of business for
exempt staff are Monday through Friday, 8 a.m. to 4:30 p.m.,plus evening meetings as necessary.
Exempt employees are required to use paid leave when on personal business or away from the
office for four(4) hours or more, on a given day.
Absences of less than four(4)hours do not require use of paid leave as it is presumed that the staff
member regularly puts in work hours above and beyond the normal 8 a.m. to 4:30 p.m. Monday
through Friday requirement. Exempt employees must communicate their absence to the city
administrator or his/her designee.
If one of the above employees is regularly absent from work under this policy and it is found that
there is excessive time away from work that is not justified, the situation will be handled as a
performance issue.
If it appears that less than forty(40) hours per week is needed to fulfill the position's
responsibilities, the position will be reviewed to determine whether a part-time position will meet
the needs of the city. Additional notification and approval requirements may be adopted by the city
administrator for specific situations as determined necessary.
PERFORMANCE REVIEWS
An objective performance review system will be established by the city administrator or designee
for the purpose of periodically evaluating the performance of city employees. The quality of an
employee's past performance will be considered in personnel decisions such as promotions,
transfers, demotions, terminations and, where applicable, salary adjustments.
16
Performance reviews will be discussed with the employee. While certain components of a
performance evaluation, such as disputed facts reported to be incomplete or inaccurate are
challengeable, other performance evaluation data, including subjective assessments, are not. For
those parts of the performance evaluation system deemed not challengeable, an employee may
submit a written response, which will be attached to the performance review. Performance reviews
are to be scheduled on a regular basis, at least annually. The form, with all required signatures, will
be retained as part of the employee's personnel file.
During the training period, informal performance meetings should occur between the supervisor
and the employee. Conducting these informal performance meetings provides both the supervisor
and the employee the opportunity to discuss what is expected, what is going well and not so well.
Signing of the performance review document by the employee acknowledges the review has been
discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the
document by the employee will not delay processing.
BENEFITS
Health, Dental, Life, and Disability Insurance
The city will contribute a monthly amount toward group health, dental, life, and disability
insurance benefits for each eligible employee. Employees that work an average or are expected to
work 30 or more hours per week or the equivalent of 130 hours or more per month are eligible for
these benefits.
The city makes a competitive monthly contribution toward these benefits. The cost
sharing amount and the type of coverage is determined annually by Resolution of the City
Council. Employees are encouraged to look closely at this contribution as part of their
overall compensation package with the city.
In accordance with federal health care reform laws and regulations, while avoiding
penalties, the city will offer health insurance benefits to eligible employees and their
dependents that work on average or are expected to work 30 or more hours per week or
the equivalent of 130 hours or more per month.
For information about coverage and eligibility requirements, employees should refer to the
summary plan description or contact the HR Director.
Retirement/PERA
The city participates in the Public Employees Retirement Association (PERA) to provide pension
benefits for its eligible employees to help plan for a successful and secure retirement. Participation
in PERA is mandatory for most employees, and contributions into PERA begin immediately. The
city and the employee contribute to PERA each pay period as determined by state law. Most
employees are also required to contribute a portion of each pay check for Social Security and
Medicare (the city matches the employee's Social Security and Medicare withholding). For
information about PERA eligibility and contribution requirements, contact the HR Director.
17
HOLIDAYS
The city observes the following official holidays for all regular full-time and part-time employees:
New Year's Day Labor Day
Martin Luther King, Jr. Day Veterans Day
Presidents Day Thanksgiving Day
Memorial Day Friday after Thanksgiving
Independence Day Christmas Eve
Christmas Day
Official holidays commence at the beginning of the first shift of the day on which the holiday is
observed and continue for twenty-four(24) hours thereafter.
When a holiday falls on a Sunday, the following Monday will be the "observed" holiday and when
a holiday falls on a Saturday, the preceding Friday will be the "observed"holiday for city
operations/facilities that are closed on holidays.
Full-time employees will receive pay for official holidays at their normal straight time rates,
provided they are on paid status on the last scheduled day prior to the holiday and first scheduled
day immediately after the holiday. Part-time employees working 30 hours or more per week will
receive prorated holiday pay based on the number of hours normally scheduled. Any employee on
a leave of absence without pay from the city is not eligible for holiday pay.
Premium pay of 1.5 times the regular hourly wage for employees required to work on a holiday
will be for hours worked on the "observed"holiday as opposed to the "actual"holiday.
Employees wanting to observe holidays other than those officially observed by the city may
request either PTO or unpaid leave for such time off.
LEAVES OF ABSENCE
Depending upon an employee's situation, more than one form of leave may apply during the same
period of time (e.g., the Family and Medical Leave Act is likely to apply during a workers'
compensation absence). An employee will need to meet the requirements of each form of leave
separately. Leave requests will be evaluated on a case-by-case basis.
Except as otherwise stated, all paid time off, taken under any of the city's leave programs, must be
taken consecutively, with no intervening unpaid leave. The city will provide employees with time
away from work as required by state or federal statutes, if there are requirements for such time off
that are not described in the personnel policies.
Funeral Leave
Employees will be permitted to use up to three (3) consecutive working days, with pay, as funeral
leave upon the death of an immediate family member. This paid leave will not be deducted from
the employee's PTO balance. Employees will be permitted to use one (1) day with pay as funeral
leave upon the death of a relative other than an immediate family member.
18
The actual amount of time off, and funeral leave approved, will be determined by the supervisor or
city administrator depending on individual circumstances (such as the closeness of the relative,
arrangements to be made, distance to the funeral, etc.).
Paid Time Off
Paid Time Off(PTO) is paid authorized absence from duty. Regular full-time and regular part-time
employees are eligible for PTO. PTO for regular part-time employees will accrue on a prorated
basis based on regular hours worked. Paid Time Off will not accrue during unpaid leaves.
Paid Time Off can be used for any reason, subject to existing request and approval procedures. As
with all paid time off programs, the city needs to ensure that service to the public and work
requirements are not adversely impacted.
Employees accrue PTO based on length of service with the city based on the following schedule:
Completed Years of Service Annual Accrual Rates
0-5 Years 5 hours bi-weekly
6-10 Years 6.5 hours bi-weekly
11-15 Years 8 hours bi-weekly
Over 15 Years 9.5 hours bi-weekly
Employees with 20 or more years of completed service as of January 1, 2004 shall accrue PTO at a
rate of eleven(11) hours bi-weekly.
A maximum of 240 hours of PTO may accrue, and no additional accrual will occur above the cap.
All employees must receive permission from their supervisor at least ten(10) working days prior
to taking PTO when possible. If three (3) consecutive days of unscheduled PTO are used, the
supervisor shall make an inquiry into the employee's absence, and the employee shall cooperate in
authorizing the supervisor to obtain any necessary medical, hospital, or other records that validate
the unscheduled absence. Paid Time Off scheduling is the responsibility of Department Heads. No
employee will be permitted to use Paid Time Off for the purposes of receiving double pay.
One (1) day of Paid Time Off shall equal eight (8)hours for a full-time employee. When a paid
holiday falls on a working day during an employee's Paid Time Off, the day of the holiday will not
be counted as PTO.
Employees leaving the city in good standing will receive 100 percent of their PTO balance as
compensation(applicable taxes will be withheld). Employees have the option of directing those
dollars into a 457 deferred compensation plan(subject to IRS maximum deferral regulations and
Minnesota law).
Medical Certification
Good attendance is an essential job function for all city employees. If unplanned absences are
excessive, a doctor's certification may be required. The physician's certification is to state the
19
nature and duration of the illness or injury and verify that the employee is unable to perform the
duties and responsibilities of his/her position.
A statement attesting to the employee's ability to return to work and perform the essential
functions of the job and a description of any work restrictions may also be required before the
employee returns to work.
Returning to Work After a Medical Absence
After a medical absence, a physician's statement may be required on the employee's first day back
to work, indicating the nature of the illness or medical condition and attesting to the employee's
ability to return to work and safely perform the essential functions of the job with or without
reasonable accommodation.
Any work restrictions must be stated clearly on the return-to-work form. Employees who have
been asked to provide such a statement may not be allowed to return to work until they comply
with this provision. Sick leave may be denied for any employee required to provide a doctor's
statement until such a statement is provided.
The city has the right to obtain a second medical opinion to determine the validity of an
employee's workers' compensation or sick leave claim, or to obtain information related to
restrictions or an employee's ability to work. The city will arrange and pay for an appropriate
medical evaluation when it has been required by the city.
Unpaid Leave
Unpaid leaves may be approved in accordance with the city personnel policies. Employees must
normally use all accrued PTO and compensatory time prior to taking an unpaid leave. If the leave
qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance
of forty(40) hours when going on an unpaid leave. Any exceptions to this policy must be approved
by the city administrator.
Military Leave
State and federal laws provide protections and benefits to city employees who are called to
military service, whether in the reserves or on active duty and the City of Lake Elmo will adhere to
all such laws and protections for those serving in the military. Refer to current state and federal
laws for details.
Jury Duty
Regular full-time and part-time employees will be granted paid leaves of absence for required jury
duty in accordance with current state law.
Court Appearances
Employees will be paid their regular wage to testify in court for city-related business. Any
compensation received for court appearances (e.g. subpoena fees) arising out of or in connection
with city employment, minus mileage reimbursement, must be turned over to the city.
20
Victim or Witness Leave
An employer must allow a victim or witness, who is subpoenaed or requested by the prosecutor to
attend court for the purpose of giving testimony, or is the spouse or immediate family member
(immediate family member includes parent, spouse, child or sibling of the employee) of such
victim, reasonable time off from work to attend criminal proceedings related to the victim's case.
Job Related Injury or Illness
All employees are required to report any job-related illnesses or injuries to their supervisor
immediately(no matter how minor). If a supervisor is not available and the nature of injury or
illness requires immediate treatment, the employee is to go to the nearest available medical facility
for treatment and, as soon as possible, notify his/her supervisor of the action taken. In the case of a
serious emergency, 911 should be called.
If the injury is not of an emergency nature, but requires medical attention, the employee will report
it to the supervisor and make arrangements for a medical appointment.
Workers' compensation benefits and procedures to return to work will be applied according to
applicable state and federal laws.
Administrative Leave
Under special circumstances, an employee may be placed on an administrative leave pending the
outcome of an internal or external investigation. The leave may be paid or unpaid, depending on
the circumstances, as determined by the city administrator with the approval of the City Council.
School Conference Leave
Any employee who has worked half-time or more for 12 months or more may take unpaid leave
for up to a total of sixteen(16)hours during any 12-month period to attend school conferences or
classroom activities related to the employee's child(under 18 or under 20 and still attending
secondary school),provided the conference or classroom activities cannot be scheduled during
non-work hours. When the leave cannot be scheduled during non-work hours and the need for the
leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a
reasonable effort to schedule the leave so as not to disrupt unduly the operations of the city.
Employees may choose to use PTO hours for this absence,but are not required to do so.
Family and Medical Leave
The City of Lake Elmo adheres to all current state and federal laws related to parenting, family,
pregnancy, and medical leave. Refer to current state and federal laws for details.
Refer to the League's model FMLA policy for language.
21
Reasonable Unpaid Work Time for Nursing Mothers
Nursing mothers will be provided reasonable unpaid break time for nursing mothers to express
milk for nursing her child for one year after the child's birth. The city will provide a room(other
than a bathroom) as close as possible to the employee's work area, that is shielded from view and
free from intrusion from coworkers and the public and includes access to an electrical outlet,
where the nursing mother can express milk in private.
Light Duty/Modified Duty Assignment
This policy is to establish guidelines for temporary assignment of work to temporarily disabled
employees who are medically unable to perform their regular work duties. Light duty is evaluated
by the city administrator on a case-by-case basis. This policy does not guarantee assignment to
light duty.
Such assignments are for short-term, temporary disability-type purposes; assignment of light duty
is at the discretion of the city administrator. The city administrator reserves the right to determine
when and if light duty work will be assigned.
When an employee is unable to perform the essential requirements of his/her job due to a
temporary disability, he/she will notify the supervisor in writing as to the nature and extent of the
disability and the reason why he/she is unable to perform the essential functions, duties, and
requirements of the position. This notice must be accompanied by a physician's report containing
a diagnosis, current treatment, and any work restrictions related to the temporary disability. The
notice must include the expected time frame regarding return to work with no restrictions, meeting
all essential requirements and functions of the city's job description along with a written request
for light duty. Upon receipt of the written request, the supervisor is to forward a copy of the report
to the city administrator.
The city may require a medical exam conducted by a physician selected by the city to verify the
diagnosis, current treatment, expected length of temporary disability, and work restrictions.
It is at the discretion of the city administrator whether or not to assign light duty work to the
employee. Although this policy is handled on a case-by-case basis, light duty will not generally be
approved beyond six months.
If the city offers a light duty assignment to an employee who is out on workers' compensation
leave, the employee may be subject to penalties if he/she refuses such work. The city will not,
however, require an employee who is otherwise qualified for protection under the Family and
Medical Leave Act to accept a light duty assignment.
The circumstances of each disabled employee performing light duty work will be reviewed
regularly. Any light duty/modified work assignment may be discontinued at any time.
22
Reasonable Accommodations to an Employee for Health Conditions Relating to
Pregnancy
The city will attempt to provide a female employee who requests reasonable accommodation with
the following for her health conditions related to her pregnancy or childbirth:
• More frequent restroom, food, and water breaks;
• Seating;
• Limits on lifting over 20 pounds; and/or
• Temporary transfer to a less strenuous or hazardous position, should one be available.
Unless such accommodations impose an undue hardship on the city, the city will engage in an
interactive process with respect to an employee's request for a reasonable accommodation.
SEXUAL HARASSMENT PREVENTION
General
The City of Lake Elmo is committed to creating and maintaining a work place free of harassment
and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964 and
the Minnesota Human Rights Act.
In keeping with this commitment, the city maintains a strict policy prohibiting unlawful
harassment, including sexual harassment. This policy prohibits harassment in any form, including
verbal and physical harassment.
This policy statement is intended to make all employees sensitive to the matter of sexual
harassment, to express the city's strong disapproval of unlawful sexual harassment, to advise
employees against this behavior and to inform them of their rights and obligations. The most
effective way to address any sexual harassment issue is to bring it to the attention of management.
Definitions
To provide employees with a better understanding of what constitutes sexual harassment, the
definition, based on Minnesota Statute § 363.01, subdivision 41, is provided: sexual harassment
includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical
contact, or other verbal or physical conduct or communication of a sexual nature, when:
• Submitting to the conduct is made either explicitly or implicitly a term or condition of an
individual's employment; or
• Submitting to or rejecting the conduct is used as the basis for an employment decision
affecting an individual's employment; or
• Such conduct has the purpose or result of unreasonably interfering with an individual's
work performance or creating an intimidating, hostile or offensive work environment.
Examples of inappropriate conduct include but are not limited to: unwanted physical contact;
unwelcome sexual jokes or comments; sexually explicit posters or pinups; repeated and
unwelcome requests for dates or sexual favors; sexual gestures or any indication, expressed or
implied, that job security or any other condition of employment depends on submission to or
23
rejection of unwelcome sexual requests or behavior. In summary, sexual harassment is the
unwanted,unwelcome and repeated action of an individual against another individual, using sexual
overtones as a means of creating stress.
Expectations
All employees are expected to treat each other and the general public with respect and to assist in
fostering an environment that is free from unwanted harassment. Violations of this policy may
result in discipline, including possible termination. Each situation will be evaluated on a case-by-
case basis.
Employees who feel that they have been victims of sexual harassment, or employees who are
aware of such harassment, should immediately report their concerns to any of the following:
1. Immediate supervisor;
2. City administrator;
3. Mayor or city councilmember.
In addition to notifying one of the above persons and stating the nature of the harassment, the
employee is also encouraged to take the following steps:
1. Make it clear to the harasser that the conduct is unwelcome and document that conversation.
2. Document the occurrences of harassment.
3. Submit the documented complaints to your supervisor, city administrator, mayor, or any
member of the City Council. Employees are strongly encouraged to put the complaint in
writing.
4. Document any further harassment or reprisals that occur after the initial complaint is made.
The city urges that conduct which is viewed as offensive be reported immediately to allow for
corrective action to be taken through education and immediate counseling, if appropriate.
Management has the obligation to provide an environment free of sexual harassment. The city is
obligated to prevent and correct unlawful harassment in a manner which does not abridge the
rights of the accused. To accomplish this task, the cooperation of all employees is required.
The city will take action to correct any and all reported harassment to the extent evidence is
available to verify the alleged harassment and any related retaliation. All allegations will be
investigated. Strict confidentiality is not possible in all cases of sexual harassment as the accused
has the right to answer charges made against them; particularly if discipline is a possible outcome.
Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the
extent possible.
Any employee who makes a false complaint or provides false information during an investigation
may be subject to disciplinary action,up to and including termination.
Retaliation
The City of Lake Elmo will not tolerate retaliation or intimidation directed towards anyone who
makes a complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or
24
harassment. Any individual who retaliates against a person who testifies, assists, or participates in
an investigation may be subject to disciplinary action up to and including termination.
RESPECTFUL WORKPLACE POLICY
The City of Lake Elmo is committed to creating and maintaining a work place free of harassment
and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964 and
the Minnesota Human Rights Act.
In keeping with this commitment, the city maintains a strict policy prohibiting unlawful
harassment, including sexual harassment. This policy prohibits harassment in any form, including
verbal and physical harassment.
The intent of this policy is to provide general guidelines about the conduct that is and is not
appropriate in the workplace. The city acknowledges that this policy cannot possibly predict all
situations that might arise, and also recognizes that some employees are exposed to disrespectful
behavior, and even violence, by the very nature of their jobs.
Applicability
Maintaining a respectful work environment is a shared responsibility. This policy is applicable to
all city personnel, including regular, temporary, and contract employees, volunteers, firefighters,
and City Council members.
Abusive Customer Behavior
While the city has a strong commitment to customer service, the city does not expect that
employees accept verbal abuse from any customer. An employee may request that a supervisor
intervene when a customer is abusive, or they may defuse the situation themselves, including
ending the contact.
If there is a concern over the possibility of physical violence, a supervisor should be contacted
immediately. When extreme conditions dictate, 911 may be called. Employees should leave the
area immediately when violence is imminent unless their duties require them to remain.
Employees must notify their supervisor about the incident as soon as possible.
Types of Disrespectful Behavior
The following types of behaviors cause a disruption in the workplace and are, in many instances,
unlawful:
Violent behavior:
includes the use of physical force, harassment, bullying or intimidation.
Discriminatory behavior:
includes inappropriate remarks about or conduct related to a person's race, color, creed, religion,
national origin, disability, sex, marital status, age, sexual orientation, gender identity, or gender
expression, familial status, or status with regard to public assistance.
25
Offensive behavior:
may include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities,
name calling, disparaging language, or any other behavior regarded as offensive to a reasonable
person based upon violent or discriminatory behavior as listed above. It is not possible to
anticipate in this policy every example of offensive behavior. Accordingly, employees are
encouraged to discuss with their fellow employees and supervisor what is regarded as offensive,
taking into account the sensibilities of employees and the possibility of public reaction.
Although the standard for how employees treat each other and the general public will be the same
throughout the city, there may be differences between work groups about what is appropriate in
other circumstances unique to a work group. If an employee is unsure whether a particular
behavior is appropriate, the employee should request clarification from their supervisor or the city
administrator.
Names and Pronouns:
Every employee will be addressed by a name and by pronouns that correspond to the employee's
gender identity. A court-ordered name or gender change is not required.
Sexual harassment:
This policy statement is intended to make all employees sensitive to the matter of sexual
harassment, to express the city's strong disapproval of unlawful sexual harassment, to advise
employees against this behavior and to inform them of their rights and obligations. The most
effective way to address any sexual harassment issue is to bring it to the attention of management.
To provide employees with a better understanding of what constitutes sexual harassment, the
definition, based on Minnesota Statute § 363.01, subdivision 41, is provided: sexual harassment
includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical
contact, or other verbal or physical conduct or communication of a sexual nature, when:
• Submitting to the conduct is made either explicitly or implicitly a term or condition of an
individual's employment; or
• Submitting to or rejecting the conduct is used as the basis for an employment decision
affecting an individual's employment; or
• Such conduct has the purpose or result of unreasonably interfering with an individual's
work performance or creating an intimidating, hostile or offensive work environment.
Examples of inappropriate conduct include but are not limited to: unwanted physical contact;
unwelcome sexual jokes or comments; sexually explicit posters or pinups; repeated and
unwelcome requests for dates or sexual favors; sexual gestures or any indication, expressed or
implied, that job security or any other condition of employment depends on submission to or
rejection of unwelcome sexual requests or behavior. In summary, sexual harassment is the
unwanted,unwelcome and repeated action of an individual against another individual, using sexual
overtones as a means of creating stress.
Sexual harassment includes,but is not limited to, the following:
26
• Unwelcome or unwanted sexual advances. This means stalking,patting,pinching,brushing
up against, hugging, cornering, kissing, fondling or any other similar physical contact
considered unacceptable by another individual.
• Verbal or written abuse, kidding, or comments that are sexually-oriented and considered
unacceptable by another individual. This includes comments about an individual's body or
appearance where such comments go beyond mere courtesy, telling "dirty jokes" or any
other tasteless, sexually oriented comments, innuendos or actions that offend others.
Requests or demands for sexual favors. This includes subtle or obvious expectations,pressures, or
requests for any type of sexual favor, along with an implied or specific promise of favorable
treatment(or negative consequence) concerning one's current or future job.
Employees who feel that they have been victims of sexual harassment, or employees who are
aware of such harassment, should immediately report their concerns to any of the following:
4. Immediate supervisor;
5. City administrator;
6. Mayor or city councilmember.
In addition to notifying one of the above persons and stating the nature of the harassment, the
employee is also encouraged to take the following steps:
1. Make it clear to the harasser that the conduct is unwelcome and document that conversation.
2. Document the occurrences of harassment.
3. Submit the documented complaints to your supervisor, city administrator, mayor, or any
member of the City Council. Employees are strongly encouraged to put the complaint in
writing.
4. Document any further harassment or reprisals that occur after the initial complaint is made.
The city urges that conduct which is viewed as offensive be reported immediately to allow for
corrective action to be taken through education and immediate counseling, if appropriate.
Management has the obligation to provide an environment free of sexual harassment. The city is
obligated to prevent and correct unlawful harassment in a manner which does not abridge the
rights of the accused. To accomplish this task, the cooperation of all employees is required.
The city will take action to correct any and all reported harassment to the extent evidence is
available to verify the alleged harassment and any related retaliation. All allegations will be
investigated. Strict confidentiality is not possible in all cases of sexual harassment as the accused
has the right to answer charges made against them; particularly if discipline is a possible outcome.
Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the
extent possible.
Any employee who makes a false complaint or provides false information during an investigation
may be subject to disciplinary action,up to and including termination.
27
Possession and Use of Dangerous Weapons
Possession or use of a dangerous weapon(see attached definitions) is prohibited on city property,
in city vehicles, or in any personal vehicle, which is being used for city business. This includes
employees with valid permits to carry firearms.
The following exceptions to the dangerous weapons prohibition are as follows:
• Employees legally in possession of a firearm for which the employee holds a valid permit,
if required, and said firearm is secured within an attended personal vehicle or concealed
from view within a locked unattended personal vehicle while that person is working on city
property.
• A person who is showing or transferring the weapon or firearm to a police officer as part of
an investigation.
• Police officers and employees who are in possession of a weapon or firearm in the scope of
their official duties.
Employee Response to Disrespectful Workplace Behavior
Employees who believe that disrespectful behavior is occurring are encouraged to deal with the
situation in one of the ways listed below. However, if the allegations involve violent behavior,
sexual harassment, or discriminatory behavior, then the employee is responsible for taking one of
the actions below. If employees see or overhear a violation of this policy, they are encouraged to
follow the steps below.
• Politely,but firmly, tell whoever is engaging in the disrespectful behavior how you feel
about their actions. Politely request the person to stop the behavior because you feel
intimidated, offended, or uncomfortable. If practical,bring a witness with you for this
discussion.
• If you fear adverse consequences could result from telling the offender or if the matter is
not resolved by direct contact, go to your supervisor, city administrator, or city
councilmember and issue a formal complaint in writing. Formal complaints must be
submitted in writing and cannot be anonymous. Document the issues and perceived
disrespectful behavior.
• In the case of violent behavior, all employees are required to report the incident
immediately to their supervisor, city administrator, or to the police. Any employee who
observes sexual harassment or discriminatory behavior, or receives any reliable
information about such conduct, must report it within two business days to a supervisor,
city administrator, or councilmember.
Supervisor's Response to Allegations of Disrespectful Workplace Behavior
Employees who have a complaint of disrespectful workplace behavior will be taken seriously.
Formal complaints must be submitted in writing by employees and cannot be anonymous. In the
case of sexual harassment or discriminatory behavior, a supervisor must report the allegations
within two business days to the city administrator, who will determine whether an investigation is
warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In
situations other than sexual harassment and discriminatory behavior, supervisors will use the
following guidelines when an allegation is reported:
28
Step 1. If the nature of the allegations and the wishes of the victim warrant a simple intervention,
the supervisor may choose to handle the matter informally. The supervisor may conduct a
coaching session with the offender, explaining the impact of his/her actions and requiring that the
conduct not reoccur. This approach is particularly appropriate when there is some ambiguity about
whether the conduct was disrespectful.
Step 2. If a formal investigation is warranted, the individual alleging a violation of this policy will
be interviewed to discuss the nature of the allegations. The person being interviewed may have
someone of his/her own choosing present during the interview. The investigator will obtain the
following description of the incident, including date, time and place:
• Corroborating evidence.
• A list of witnesses.
• Identification of the offender.
Step 3. The supervisor must notify the city administrator about the allegations.
Step 4. As soon as practical after receiving the written or verbal complaint, the alleged policy
violator will be informed of the allegations. The alleged violator will have the opportunity to
answer questions and respond to the allegations.
Step 5. After adequate investigation and consultation with the appropriate personnel, a decision
will be made regarding whether or not disciplinary action will be taken.
Step 6. The alleged violator and complainant will be advised of the findings and conclusions as
soon as practicable.
Special Reporting Requirements
When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a
report will be made to the city administrator who will assume the responsibility for investigation
and discipline.
If the city administrator is perceived to be the cause of a disrespectful workplace behavior incident,
a report will be made to the city attorney who will confer with the mayor and City Council
regarding appropriate investigation and action.
If a councilmember is perceived to be the cause of a disrespectful workplace behavior incident
involving city personnel, the report will be made to the city administrator and referred to the city
attorney who will undertake the necessary investigation. The city attorney will report his/her
findings to the City Council, which will take the action it deems appropriate.
Pending completion of the investigation, the city administrator may at his/her discretion take
appropriate action to protect the alleged victim, other employees, or citizens.
Confidentiality
A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The
person's name and statements may have to be provided to the alleged offender. All complaints and
investigative materials will be contained in a file separate from the involved employees' personnel
files. If disciplinary action does result from the investigation, the results of the disciplinary action
will then become a part of the employee(s)personnel file(s).
29
Retaliation
Consistent with the terms of applicable statutes and city personnel policies, the city may discipline
any individual who retaliates against any person who reports alleged violations of this policy. The
city may also discipline any individual who retaliates against any participant in an investigation,
proceeding or hearing relating to the report of alleged violations. Retaliation includes,but is not
limited to, any form of intimidation, reprisal, or harassment.
Any employee who makes a false complaint or provides false information during an investigation
may be subject to disciplinary action,up to and including termination.
SEPARATION FROM SERVICE
Resignations
Employees wishing to leave the city service in good standing must provide a written resignation
notice to their supervisor, at least fourteen(14) calendar days before leaving.
Exempt employees must give thirty(30) calendar days' notice. The written resignation must state
the effective date of the employee's resignation.
No more than two (2) PTO days may be used during the employee's notice period, and PTO
cannot be used during the last two days of the notice period.
Unauthorized absences from work for a period of three consecutive work days may be considered
as resignation without proper notice.
Failure to comply with this procedure may be cause for denying payout of the employee's PTO
and any future employment with the city.
Employees who leave the employ of the city in good standing by retirement or resignation will
receive pay for 100 percent of unused accrued PTO.
DISCIPLINE
General Policy
Supervisors are responsible for maintaining compliance with city standards of employee conduct.
The objective of this policy is to establish a standard disciplinary process for employees of the City
of Lake Elmo. City employees will be subject to disciplinary action for failure to fulfill their duties
and responsibilities at the level required, including observance of work rules and standards of
conduct and applicable city policies.
Discipline will be administered in a non-discriminatory manner. An employee who believes that
discipline applied was either unjust or disproportionate to the offense committed may pursue a
remedy through the grievance procedures established in the city's personnel policies. The
supervisor and/or the city administrator will investigate any allegation on which disciplinary action
might be based before any disciplinary action is taken.
30
No Contract Language Established
This policy is not to be construed as contractual terms and is intended to serve only as a guide for
employment discipline.
Process
The city may elect to use progressive discipline, a system of escalating responses intended to
correct the negative behavior rather than to punish the employee. There may be circumstances that
warrant deviation from the suggested order or where progressive discipline is not appropriate.
Nothing in these personnel policies implies that any city employee has a contractual right or
guarantee (also known as a property right) to the job he/she performs.
Documentation of disciplinary action taken will be placed in the employee's personnel file with a
copy provided to the employee.
The following are descriptions of the types of disciplinary actions:
Oral Reprimand
This measure will be used where informal discussions with the employee's supervisor have not
resolved the matter. All supervisors have the ability to issue oral reprimands without prior
approval.
Oral reprimands are normally given for first infractions on minor offenses to clarify expectations
and put the employee on notice that the performance or behavior needs to change, and what the
change must be. The supervisor will document the oral reprimand including date(s) and a summary
of discussion and corrective action needed.
Written Reprimand
A written reprimand is more serious and may follow an oral reprimand when the problem is not
corrected or the behavior has not consistently improved in a reasonable period of time. Serious
infractions may require skipping either the oral or written reprimand, or both. Written reprimands
are issued by the supervisor with prior approval from the city administrator.
A written reprimand will: (1) state what did happen; (2) state what should have happened; (3)
identify the policy, directive or performance expectation that was not followed; (4)provide
history, if any, on the issue; (5) state goals, including timetables, and expectations for the future;
and(6) indicate consequences of recurrence.
Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees'
signatures do not mean the employee agrees with the reprimand. Written reprimands will be placed
in the employee's personnel file.
31
Suspension With or Without Pay
The city administrator may suspend an employee without pay for disciplinary reasons. Suspension
without pay may be followed with immediate dismissal as deemed appropriate by the City
Council, except in the case of veterans. Qualified veterans will not be suspended without pay in
conjunction with a termination.
The employee will be notified in writing of the reason for the suspension either prior to the
suspension or shortly thereafter. A copy of the letter of suspension will be placed in the
employee's personnel file.
An employee may be suspended or placed on involuntary leave of absence pending an
investigation of an allegation involving that employee. The leave may be with or without pay
depending on a number of factors including the nature of the allegations. If the allegation is proven
false after the investigation, the relevant written documents will be removed from the employee's
personnel file and the employee will receive any compensation and benefits due had the
suspension not taken place.
Demotion and/or Transfer
An employee may be demoted or transferred if attempts at resolving an issue have failed and the
city administrator determines a demotion or transfer to be the best solution to the problem. The
employee must be qualified for the position to which they are being demoted or transferred. The
City Council must approve this action.
Salary
An employee's salary increase may be withheld or the salary may be decreased due to
performance deficiencies.
Dismissal
The city administrator, with the approval of the City Council, may dismiss an employee for
substandard work performance, serious misconduct, or behavior not in keeping with city standards.
If the disciplinary action involves the removal of a qualified veteran, the appropriate hearing notice
will be provided and all rights will be afforded the veteran in accordance with Minnesota law.
GRIEVANCE PROCEDURE
Any dispute between an employee and the city relative to the application, meaning or
interpretation of these personnel policies will be settled in the following manner:
Step 1: The employee must present the grievance in writing, stating the nature of the grievance,
the facts on which it is based, the provision or provisions of the personnel policies allegedly
violated and the remedy requested, to the proper supervisor within twenty-one (21) days after the
alleged violation or dispute has occurred. The supervisor will respond to the employee in writing
within seven(7) calendar days.
32
Step 2: If the grievance has not been settled in accordance with Step 1, it must be presented in
writing, stating the nature of the grievance, the facts on which it is based, the provision or
provisions of the Personnel Policies allegedly violated, and the remedy requested,by the employee
to the city administrator within seven(7) days after the supervisor's response is due. The city
administrator or his/her designee will respond to the employee in writing within seven (7) calendar
days. The decision of the city administrator is final for all disputes with exception of those specific
components in a performance evaluation subject to a challenge through the Minnesota Department
of Administration.
Waiver
If a grievance is not presented within the time limits set forth above, it will be considered
"waived." If a grievance is not appealed to the next step in the specified time limit or any agreed
extension thereof, it will be considered settled on the basis of the city's last answer. If the city does
not answer a grievance or an appeal within the specified time limits, the employee may elect to
treat the grievance as denied at that step and immediately appeal the grievance to the next step.
The time limit in each step may be extended by mutual agreement of the city and the employee
without prejudice to either party.
The following actions are not grievable:
• Performance evaluations
• Pay increases or lack thereof, and
• Merit pay awards.
The above list is not meant to be all inclusive or exhaustive.
EMPLOYEE EDUCATION & TRAINING
The city promotes staff development as an essential, ongoing function needed to maintain and
improve cost effective quality service to residents. The purposes for staff development are to
ensure that employees develop and maintain the knowledge and skills necessary for effective job
performance and to provide employees with an opportunity for job enrichment and mobility.
Policy
The city will pay for the costs of an employee's participation in training and attendance at
professional conferences, provided that attendance is approved in advance under the following
criteria and procedures:
Job-Related Training & Conferences
The subject matter of the training session or conference is directly job-related and relevant to the
performance of the employee's work responsibilities. Responsibilities outlined in the job
description, annual work program requirements and training goals and objectives that have been
developed for the employee will be considered in determining if the request is job-related.
CLE or similar courses taken by an employee in order to maintain licensing or other professional
accreditation will not be eligible for payment under this policy unless the subject matter relates
33
directly to the employee's duties, even though the employee may be required to maintain such
licensing or accreditation as a condition of employment with the city.
The supervisor and the city administrator are responsible for determining job-relatedness and
approving or disapproving training and conference attendance.
Request for Participation in Training & Conferences
The request for participation in a training session or conference must be submitted in writing to the
employee's supervisor on the appropriate form. All requests must include an estimate of the total
cost(training session, travel, meals, etc.) and a statement of how the education or training is
related to the performance of the employee's work responsibilities with the city.
Payment information such as invoices, billing statements, etc., regarding the conference or training
should be forwarded to accounting for prompt payment.
Out of State Travel
Attendance at training or conferences out of state is approved only if the training or conference is
not available locally. All requests for out of state travel are reviewed for approval/disapproval by
the city administrator.
Compensation for Travel & Training Time
Time spent traveling to and from, as well as time spent attending a training session or conference,
will be compensated in accordance with the federal Fair Labor Standards Act.
Travel and other related training expenses will be reimbursed subject to the employee providing
necessary receipts and appropriate documentation.
Memberships and Dues
The purpose of memberships to various professional organizations must be directly related to the
betterment of the services of the city. Normally, one city membership per agency, as determined
by the city administrator is allowed, providing funds are available.
Upon separation of employment, individual memberships remain with the city and are transferred
to another employee by the supervisor when possible.
Travel & Meal Allowance
If employees are required to travel outside of the area in performance of their duties as a city
employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses
incurred. However, the city will not reimburse employees for meals connected with training or
meetings within city limits,unless the training or meeting is held as a breakfast, lunch or dinner
meeting.
Employees who find it necessary to use their private automobiles for city travel and who do not
receive a car allowance will be reimbursed at the allowable IRS rate.
34
OUTSIDE EMPLOYMENT
The potential for conflicts of interest is lessened when individuals employed by the City of Lake
Elmo regard the city as their primary employment responsibility. All outside employment is to be
reported to the employee's immediate supervisor. If a potential conflict exists based on this policy
or any other consideration, the supervisor will consult with the city administrator. Any city
employee accepting employment in an outside position that is determined by the city administrator
to be in conflict with the employee's city job will be required to resign from the outside
employment or may be subject to discipline up to and including termination.
For the purpose of this policy, outside employment refers to any non-city employment or
consulting work for which an employee receives compensation, except for compensation received
in conjunction with military service or holding a political office or an appointment to a
government board or commission that is compatible with city employment. The following is to be
considered when determining if outside employment is acceptable:
• Outside employment must not interfere with a full-time employee's availability during the
city's regular hours of operation or with a part-time employee's regular work schedule.
• Outside employment must not interfere with the employee's ability to fulfill the essential
requirements of his/her position.
• The employee must not use city equipment, resources or staff in the course of the outside
employment.
• The employee must not violate any city personnel policies as a result of outside
employment.
• The employee must not receive compensation from another individual or employer for
services performed during hours for which he/she is also being compensated by the city.
Work performed for others while on approved PTO or compensatory time is not a violation
of policy unless that work creates the appearance of a conflict of interest.
• No employee will work for another employer, or for his/her own business, while using
PTO or compensatory time from the city for those same hours.
• Departments may establish more specific policies as appropriate, subject to the approval of
the city administrator.
City employees are not permitted to accept outside employment that creates either the appearance
of or the potential for a conflict with the development, administration or implementation of
policies, programs, services or any other operational aspect of the city.
DRUG FREE WORKPLACE
In accordance with federal law, the City of Lake Elmo has adopted the following policy on drugs
in the workplace:
A. Employees are expected and required to report to work on time and in appropriate mental and
physical condition. It is the city's intent and obligation to provide a drug-free, safe and secure
work environment.
35
B. The unlawful manufacture, distribution,possession, or use of a controlled substance on city
property or while conducting city business is absolutely prohibited. Violations of this policy
will result in disciplinary action,up to and including termination, and may have legal
consequences.
C. The city recognizes drug abuse as a potential health, safety, and security problem. Employees
needing help in dealing with such problems are encouraged to use their health insurance plans,
as appropriate.
D. Employees must, as a condition of employment, abide by the terms of this policy and must
report any conviction under a criminal drug statute for violations occurring on or off work
premises while conducting city business. A report of the conviction must be made within five
(5) days after the conviction as required by the Drug-Free Workplace Act of 1988.
CITY DRIVING POLICY
This policy applies to all employees who drive a vehicle on city business at least once per month,
whether driving a city-owned vehicle or their own personal vehicle. It also applies to employees
who drive less frequently but whose ability to drive is essential to their job due to the emergency
nature of the job. The city expects all employees who are required to drive as part of their job to
drive safely and legally while on city business and to maintain a good driving record.
The city will examine driving records once per year for all employees who are covered by this
policy to determine compliance with this policy. Employees who lose their driver's license or
receive restrictions on their license are required to notify their immediate supervisor on the first
work day after any temporary, pending or permanent action is taken on their license and to keep
their supervisor informed of any changes thereafter.
The city will determine appropriate action on a case-by-case basis.
CELLULAR PHONE USE
This policy is intended to define acceptable and unacceptable uses of city issued cellular
telephones. Its application is to insure cellular phone usage is consistent with the best interests of
the city without unnecessary restriction of employees in the conduct of their duties. This policy
will be implemented to prevent the improper use or abuse of cellular phones and to ensure that city
employees exercise the highest standards of propriety in their use.
General Policy
Cellular telephones are intended for the use of city employees in the conduct of their work for the
city.
Supervisors are responsible for the cellular telephones assigned to their employees and will
exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow
reasonable and prudent personal use of such telephones or equipment provided that:
• Its use in no way limits the conduct of work of the employee or other employees.
• No personal profit is gained or outside employment is served.
Regardless of who pays the bill, cell phone records about city business are subject to the
Minnesota Government Data Practices Act. What this means is that if a request were
36
received, the city would be under the obligation to determine what information is public
data and what information is private data and would need access to the employee's phone
records and possibly the phone itself in order to provide the data that is being requested.
Therefore, the best practice is to limit usage of personal cell phones for city business to
that which is truly necessary or be prepared to produce your cell phone and the associated
records if needed.
An employee will not be reimbursed for business-related calls without prior authorization from
his/her supervisor. Supervisors may also prohibit employees from carrying their own personal cell
phones during working hours if it interferes with the performance of their job duties.
Use of public resources by city employees for personal gain and/or private use including,but not
limited to, outside employment or political campaign purposes, is prohibited and subject to
disciplinary action which may include termination and/or criminal prosecution, depending on the
circumstances. Incidental and occasional personal use may be permitted with the consent of the
supervisor.
Personal calls will be made or received only when absolutely necessary. Such calls must not
interfere with working operations and are to be completed as quickly as possible. In cases where
the city does not regard accounting for personal calls to be unreasonable or administratively
impractical due to the minimal cost involved, personal calls made by employees on a city-provided
cellular phone must be paid for by the employee.
Procedures
It is the objective of the City of Lake Elmo to prevent and correct any abuse or misuse of cellular
telephones through the application of this policy. Employees who abuse or misuse such telephones
may be subject to disciplinary action.
Responsibility
The city administrator, or designee, will have primary responsibility for implementation and
coordination of this policy. All supervisors will be responsible for enforcement within their
departments.
SAFETY
The health and safety of each employee of the city and the prevention of occupational injuries and
illnesses are of primary importance to the city. To the greatest degree possible, management will
maintain an environment free from unnecessary hazards and will establish safety policies and
procedures for each department. Adherence to these policies is the responsibility of each
employee. Overall administration of this policy is the responsibility of each supervisor.
Safety Equipment/Gear
Where safety equipment is required by federal, state, or local rules and regulations, it is a condition
of employment that such equipment be worn by the employee.
37
Unsafe Behavior
Supervisors are authorized to send an employee home immediately when the employee's behavior
violates the city's personnel policies, department policies, or creates a potential health or safety
issue for the employee or others.
38