HomeMy WebLinkAbout12-09-2025 City Council Workshop PacketCity Council Workshop
3880 Laverne Avenue North
Tuesday, December 9, 2025
6:30 p.m.
AGENDA
Adjourn
Call To Order
Hwy 36/Lake Elmo Avenue Option 3 Concept Plan
Jack Griffin, Senior Project Manager presenting
COUNCIL MEMO - TH36 -LAKE ELMO AVE OPTION 3.PDF
TH36 -CSAH 17 OPTION 3 KEATS AVE CONCEPT.PDF
TH36 -CSAH17 OPTION 3 PERFORMANCE MEASURES.PDF
PRESENTATION -TH36 AND CSAH17 -OPTION 3.PDF
2026 Personnel Policies
Jennifer Doyle, Administrative Services Director presenting
COUNCIL MEMO - 2026 PERSONNEL POLICIES.PDF
2025 PERSONNEL POLICIES - DRAFT.PDF
City Of Lake Elmo Strategic Communications Plan
Kathie Smith, Communications Coordinator presenting
COUNCIL MEMO -COMMUNICATIONS PLAN.PDF
LAKE ELMO COMMUNICATIONS PLAN.PDF
PRESENTATION -COMMUNICATIONS.PDF
Public Hearing Notice And Process
Sophia Jensen, Senior Planner presenting
COUNCIL MEMO -PUBLIC HEARING NOTICES.PDF
PRESENTATION -PUBLIC HEARING NOTICES.PDF
2026 Lake Elmo Legislative Priorities
Nicole Miller, City Administrator presenting
COUNCIL MEMO -2026 LEGISLATIVE PRIORITIES.PDF
EAST METRO PUBLIC SAFETY TRAINING FACILITY_BONDING REQUEST.PDF
2026 LEGISLATIVE AGENDA MNFAC FINAL.PDF
Social Media Use
Sarah Sonsalla, City Attorney presenting
COUNCIL MEMO -SOCIAL MEDIA USE.PDF
PRESENTATION -SOCIAL MEDIA USE.PDF
Future Agenda Items
AGENDA TRACKING SHEET.PDF
Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner in Partnership
with our Community
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City Council Workshop3880 Laverne Avenue NorthTuesday, December 9, 20256:30 p.m.AGENDAAdjournCall To OrderHwy 36/Lake Elmo Avenue Option 3 Concept PlanJack Griffin, Senior Project Manager presentingCOUNCIL MEMO - TH36 -LAKE ELMO AVE OPTION 3.PDFTH36-CSAH 17 OPTION 3 KEATS AVE CONCEPT.PDFTH36-CSAH17 OPTION 3 PERFORMANCE MEASURES.PDFPRESENTATION-TH36 AND CSAH17 -OPTION 3.PDF2026 Personnel PoliciesJennifer Doyle, Administrative Services Director presentingCOUNCIL MEMO - 2026 PERSONNEL POLICIES.PDF2025 PERSONNEL POLICIES - DRAFT.PDFCity Of Lake Elmo Strategic Communications PlanKathie Smith, Communications Coordinator presentingCOUNCIL MEMO -COMMUNICATIONS PLAN.PDFLAKE ELMO COMMUNICATIONS PLAN.PDF
PRESENTATION -COMMUNICATIONS.PDF
Public Hearing Notice And Process
Sophia Jensen, Senior Planner presenting
COUNCIL MEMO -PUBLIC HEARING NOTICES.PDF
PRESENTATION -PUBLIC HEARING NOTICES.PDF
2026 Lake Elmo Legislative Priorities
Nicole Miller, City Administrator presenting
COUNCIL MEMO -2026 LEGISLATIVE PRIORITIES.PDF
EAST METRO PUBLIC SAFETY TRAINING FACILITY_BONDING REQUEST.PDF
2026 LEGISLATIVE AGENDA MNFAC FINAL.PDF
Social Media Use
Sarah Sonsalla, City Attorney presenting
COUNCIL MEMO -SOCIAL MEDIA USE.PDF
PRESENTATION -SOCIAL MEDIA USE.PDF
Future Agenda Items
AGENDA TRACKING SHEET.PDF
Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner in Partnership
with our Community
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STAFF REPORT
DATE:December 9, 2025
Workshop
TO: City Council
FROM: Jack Griffin, Municipal Senior Project Manager
AGENDA ITEM: TH 36-Lake Elmo Avenue Improvements, Option 3 Concept Plan
REVIEWED BY: Nicole Miller, City Administrator
Nathan Stanley, City Engineer
CORE STRATEGIES:
☐ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services
☐ Responsive, transparent, adaptive governance ☒ Balanced Finances now and future
☒ Managed Growth ☒ Resilient Infrastructure
BACKGROUND: Washington County is leading an intersection improvement project at TH 36 and Lake
Elmo Avenue to improve safety, capacity, and operation of the intersection and surrounding area. The
project is planned to begin construction in June 2026.
On May 16, 2024 the City Council approved a Resolution of Municipal Consent for the recommended
project, known as the Overpass with Buttonhook Ramps alternative and as detailed on the preliminary
layout dated April 25, 2024. As the County, MnDOT and Cities continued with the project development
and final design, the layout was revised to include the extension of the South Frontage Road to Keats
Avenue, with a full access closure at Keats Avenue. This alternative was presented for council consideration
at the November 2025 Workshop.
Following the County/MnDOT presentation, the City Council requested that MnDOT and the County
consider a third option that would include the South Frontage Road as presented while maintaining right-
turn-only access from eastbound TH 36 to southbound Keats Avenue (Option 3 Concept Plan), with
performance monitoring to determine if future closure is warranted.
ISSUE BEFORE COUNCIL: Does the City Council want staff to bring forward a Resolution of Municipal
Consent for the TH36-Lake Elmo Avenue Improvements with South Frontage Road, Option 3 Concept
Plan?
PROPOSAL DETAILS/ANALYSIS: MnDOT has evaluated the City Council request and has agreed to
advance the project with the attached Option 3 Concept Plan and Draft Commitments, Requirements and
Performance measures.
City staff has reviewed MnDOT’s proposal and has the following summary and additional considerations.
The existing TH 36 right-turn/deceleration lane must be extended to a minimum length of 500-feet.
MnDOT has indicated that improvements to the TH 36 right-turn/deceleration lane will be a local
cost to be paid by Lake Elmo. MnDOT will continue cost participation in the South Frontage Road.
There will be four (4) ongoing monitoring of safety and operational performance measures
associated with the Keats Avenue exit:
o Turn volumes exceed right-turn lane capacity
o Queueing on TH 36
o Crashes at TH 36/Keats Avenue
o Incidents of wrong-way driving from Keats Avenue onto TH 36
If any of the performance measures are met, the City will remove the eastbound TH 36 right-
turn/deceleration lane at Keats Avenue and modify the City street frontage road connection to
southbound Keats Avenue at City cost, or reimburse MnDOT for the costs.
Maintenance. The City of Lake Elmo will be responsible for maintenance including snow plowing
of the Keats Avenue one-way exit and the new frontage road. MnDOT will perform maintenance
of TH 36 including snow plowing operations.
o This maintenance responsibility will require Public Works to enter TH 36 at DeMontreville
Trail, head east, then southbound on the Keats Avenue one-way exit.
o Public Works anticipates this maintenance work to require 1-2 passes on most snow days,
including pretreating. Larger snowfalls would require 2-3 + passes.
o When MN DOT plows all lanes of TH 36 into the turn lane, Public Works expects a large
windrow of snow in this section of roadway.
MnDOT cautions that the Keats Avenue access may create wayfinding challenges with potential
unintended consequences.
The County expressed determination to maintain the project construction start of June 2026. The
intersection redesign was therefore constrained to remain within the right-of-way acquisition areas
determined by the original design with the acquisition already in progress. The design was further
constrained to avoid redesign of the adjacent stormwater basin.
o The South Frontage Road design includes two separate tight curves near Keats Avenue,
meeting 20 MPH design speeds. Ideally, these curves would meet a minimum 30 MPH
design speed on a State Aid designated route. Staff is not overly concerned with the tight
curves due to the proximity of the curves to a “stop” condition. Proper marking and lighting
at the curves are recommended to provide enhanced warning of the speed reductions.
o The South Frontage Road intersection with Keats Avenue is offset by 165 feet. MnDOT
indicated the minimum offset would typically be 200 feet, or mid-way between TH 36 and
59th Street (290 feet). By maintaining free-flowing traffic along Keats Avenue the limited
offset should not be problematic. Staff recommends a review and possible increased TH
36 right-turn/deceleration lane to minimize potential queuing on TH 36.
All commitments and performance measures outlined above will be documented in the cooperative
construction agreement between MnDOT and the City of Lake Elmo.
FISCAL IMPACT: The anticipated cost participation by the City of Lake Elmo has not been determined
in detail. The County has indicated that the City’s costs will be based on Washington County’s Cost
Participation Policy after applying all applicable Federal and State Grant Funds. Once the Final Project
Layout is agreed upon, Washington County will present the City with a Cooperative Agreement for the
cost sharing of the improvement prior to advertising the Project for contractor bids. The City’s Capital
Improvement Plan shows a budget amount of $2,500,000 in 2026 and $2,500,000 in 2027. At the November
2025 workshop the County estimated that the City cost share will be similar for either design alternative,
as the added scope of the South Frontage Road was planned to be paid by MnDOT.
Option 3 Concept Plan, if selected by the City Council, includes additional City costs to cover the TH 36
eastbound right-turn/deceleration lane extension as outlined in the Draft commitments and requirements.
The City may incur additional costs in the future to remove the TH 36 eastbound right-turn/deceleration
lane at Keats Avenue and to modify the City street frontage road connection to southbound Keats Avenue,
should any of the defined safety or operational performance measures indicate that a full closure at Keats
Avenue is recommended.
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback on the
TH36-Lake Elmo Avenue Improvements, Option 3 Concept Plan, and corresponding MnDOT Draft
Commitments, Requirements and Performance Measures.
ATTACHMENTS:
TH36-Lake Elmo Avenue Improvements, Option 3 Concept Plan.
MnDOT Draft Commitments, Requirements and Performance Measures.
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STAFF REPORT
DATE:December 9, 2025
WORKSHOP
TO: Mayor and Councilmembers
FROM: Jennifer Doyle, Administrative Services Director
AGENDA ITEM: 2026 Personnel Policies
CORE STRATEGIES:
☐ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services
☒ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future
☐ Managed Growth ☐ Resilient Infrastructure
BACKGROUND:
The last update to the personnel policies was December 2024. Changes need to be made to comply with
MN Paid Leave and other recommended changes from the Administrative Services Director as well as
from the Employee Engagement Committee (EEC).
ISSUE BEFORE COUNCIL:
Consideration of the recommended changes to the personnel policies to be officially brought for approval
to the December 16, 2025 City Council meeting.
PROPOSAL DETAILS/ANALYSIS:
Consistent with best practices in human resources, recommendations from the League of MN Cities,
maintaining compliance with Federal and State employment laws, and with input from the Employee
Engagement Committee, the Administration department is recommending the following changes to the City
of Lake Elmo Personnel Policies:
The following policies were amended:
#130 Code of Conduct- Addition of “honesty” and “influence” language
#135 Citywide Work Rules- Addition of language for appearance
#170 Employee Type & Condition- Clarifying language for probationary period and ESST
language
#185 Hours of Work- Addition of language on City Hall Summer Hours
#227 Minnesota Paid Leave (MNPL)- Addition of the policy to comply with state law
#235 Vacation Leave- Defining accrual rate language for part-time employees to coincide
with capabilities available in the new financial software
#236 Vacation to Sick Leave Donation- Removal of this policy due to the new MNPL
#240 Employee Recognition- Changes based on Department Head and EEC
recommendations and in line with other cities.
Other minor changes for inconsistent language or needed updates throughout the
document
FISCAL IMPACT:
Minimal for Recognition policy
OPTIONS:
Recommend bringing the handbook to the next council meeting as written with changes
Recommend bringing the handbook to the next council meeting with changes discussed at the workshop (if
any)
ATTACHMENTS:
Redlined 2026 Personnel Policies
1 12/2025
PERSONNEL POLICIES AND
EMPLOYEE HANDBOOK
Effective December 18, 202416, 2025
2 12/2025
Contents
#100 PURPOSE ................................................................................................................................................. 4
#110 EQUAL EMPLOYMENT OPPORTUNITY ..................................................................................................... 5
#120 RESPECTFUL WORKPLACE & HARASSMENT PREVENTION ....................................................................... 6
#125 DIVERSITY, EQUITY, & INCLUSION ......................................................................................................... 11
#130 CODE OF CONDUCT ............................................................................................................................... 13
#135 CITYWIDE WORK RULES......................................................................................................................... 14
#140 DATA PRACTICES ADVISORY .................................................................................................................. 15
#141 WAGE NONDISCLOSURE ....................................................................................................................... 16
#142 MANDATORY MEETINGS ....................................................................................................................... 17
#145 MEDIA REQUESTS .................................................................................................................................. 18
#150 COMPUTER & INTERNET USE ................................................................................................................. 19
#160 ARTIFICIAL INTELLIGENCE (AI) CHATBOT USAGE ................................................................................... 23
AI FLOWCHART ........................................................................................................................................... 24
#165 PERSONAL COMMUNICATIONS & SOCIAL MEDIA ................................................................................. 25
#170 EMPLOYEE TYPE & CONDITION ............................................................................................................. 26
#175 EMPLOYEE RECRUITMENT & SELECTION ............................................................................................... 28
#180 ORGANIZATION ..................................................................................................................................... 30
#185 HOURS OF WORK ................................................................................................................................... 31
#190 ATTENDANCE & ABSENCE ..................................................................................................................... 33
#192 DISCIPLINE ............................................................................................................................................. 34
#195 PERFORMANCE REVIEWS ...................................................................................................................... 36
#196 PERSONNEL FILES .................................................................................................................................. 37
#200 TELEWORK ............................................................................................................................................. 38
#210 PAYROLL & COMPENSATION ................................................................................................................. 43
#215 BENEFITS ............................................................................................................................................... 48
#220 HOLIDAYS .............................................................................................................................................. 49
#225 LEAVES OF ABSENCE ............................................................................................................................. 50
#227 FAMILY MEDICAL LEAVE (FMLA)(FEDERAL) .......................................................................................... 56
#230 EARNED SICK AND SAFE TIME (ESST) ..................................................................................................... 65
#235 VACATION LEAVE ................................................................................................................................... 68
#236 VACATION TO SICK LEAVE DONATION................................................................................................... 70
#240 EMPLOYEE RECOGNITION ..................................................................................................................... 72
#245 EMPLOYEE EDUCATION AND TRAINING ................................................................................................ 74
#250 OUTSIDE EMPLOYMENT ........................................................................................................................ 76
#225 CITY DRIVING ......................................................................................................................................... 77
#256 CELLULAR PHONE USE ........................................................................................................................... 78
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#257 SAFETY ................................................................................................................................................... 80
#260 DRUG & ALCOHOL – FREE WORKPLACE ................................................................................................ 81
#261 WEAPONS.............................................................................................................................................. 82
#300 SEPARATION FROM SERVICE ................................................................................................................. 83
#310 GRIEVANCE PROCEDURE ....................................................................................................................... 84
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#100 PURPOSE
This handbook provides the general administrative policies of the City of Lake Elmo. These policies apply to
all employees (full-time, part-time, paid-on-call firefighters, seasonals, and interns) of the city. Except
where specifically noted, these policies do not apply to:
1. Elected officials
2. City Attorney
3. Members of city boards, commissions, and committees
4. Consultants and contractors
5. Volunteers
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 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.
The policies are not intended to be all-inclusive or to cover every situation that may arise. These policies may
be amended at any time at the sole discretion of the city, and they will supersede all previous personnel
policies. Except where noted otherwise, the city administrator or their designee is charged with ensuring
compliance with these personnel policies. Revisions and amendments shall become effective upon
approval by the City Council. When there is a change in policy, we will update this handbook as soon as we
can and inform all staff of the change.
No provision in this handbook is intended to create a contract between the City of Lake Elmo and any
employee. 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.
Nothing in this statement is intended to interfere with, restrain, or prevent concerted activity as protected
by the National Labor Relations Act (NLRA). Such activity includes employee communications regarding
wages, hours, or other terms or conditions of employment. The City of Lake Elmo employees have the right
to engage in or refrain from such activities.
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 department head 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.
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#110 EQUAL EMPLOYMENT OPPORTUNITY
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 (including traits associated with
race, including, but not limited to, hair texture and hair styles such as braids, locs and twists), 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 (including pregnancy, childbirth, and pregnancy-related conditions), or membership on a local
human rights commission or lawful participation in the Minnesota Medical Cannabis Patient Registry, or
any other characteristic protected by applicable federal, state, or local laws and ordinances.
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#120 RESPECTFUL WORKPLACE & HARASSMENT PREVENTION
The intent of this policy is to provide general guidelines about conduct that is, and is not, appropriate in the
workplace and other city-sponsored events. The city acknowledges that this policy cannot possibly predict
all situations that might arise and recognizes that some employees are exposed to disrespectful behavior,
and even violence, by the very nature of their jobs.
The City of Lake Elmo is committed to creating and maintaining a workplace free of harassment and
discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964, the Minnesota
Human Rights Act, and other related employment laws.
In keeping with this commitment, the city maintains a strict policy prohibiting offensive behavior and
unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including
verbal and physical sexual harassment.
Discriminatory behavior includes inappropriate remarks about, or conduct related to a person’s legally
protected characteristics such as race, color, creed, religion, national origin, disability, sex, gender,
pregnancy, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or
status with regard to public assistance.
This policy is intended to make all city employees, volunteers, members of boards and commissions,
applicants, contractors/vendors, elected officials and members of the public aware of the matter of
harassment, but specifically sexual harassment to express the city’s strong disapproval of unlawful
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. Maintaining a work environment free from harassment is a shared responsibility.
This policy applies to all city employees, paid-on-call firefighters, City Council members, members of
boards and commissions, volunteers, contractors/vendors, election judges, applicants, and members of the
public, both in the workplace and other city-sponsored social events.
DEFINITIONS
Unlawful Harassment – “Unlawful harassment” is conduct that has the purpose or effect of
creating an intimidating, hostile, or offensive work environment; has the purpose or effect of
substantially and unreasonably interfering with an individual’s work performance; or otherwise
adversely affects an individual’s employment opportunities because of the
individual’s membership in a protected class.
Sexual Harassment – “Sexual harassment” is generally defined under both state and federal law as
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature where:
• Submission to or rejection of such conduct is made either explicitly or implicitly a term or
condition of any individual’s employment or as a basis for employment decisions; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance or creating an intimidating, hostile, or offensive work
environment.
Other sexually oriented conduct, whether intended or not, that is unwelcome and has the effect of creating
a work environment that is hostile, offensive, intimidating, or humiliating to workers may also constitute
sexual harassment.
Violent Behavior – includes the use of physical force, harassment, bullying or intimidation.
Offensive Behavior - may include such actions as rudeness, angry outbursts, inappropriate humor,
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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 supervisors what is regarded as
offensive, considering the sensibilities of employees and the possibility of public reaction.
ABUSIVE CUSTOMER BEHAVIOR
While the city has a strong commitment to customer service, the city does not expect employees to accept
verbal and other abuse from any customer or resident. An employee may request that a supervisor
intervene when a customer is abusive, or they may defuse the situation themselves, including
professionally 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.
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.
PROHIBITED BEHAVIOR
The following behaviors are unacceptable and therefore prohibited, even if not unlawful in and of
themselves because they are a disruption in the workplace and are, in many instances, unlawful.
Examples of inappropriate conduct that this policy prohibits may 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.
While it’s not possible to list all the additional circumstances that may constitute prohibited conduct under
this policy, the following are some examples of conduct that, if unwelcome, may result in discipline up to
and including unpaid suspension and/or immediate termination depending on the totality of the
circumstances, including the severity of the conduct and its pervasiveness:
• Unwelcome or unwanted sexual advances, whether they involve physical touching or not. This can
include leering, whistling, making sexual gestures, 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, making jokes, 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. The harassment
policy applies to social media posts, tweets, etc., that are about or may be seen by employees,
customers, etc.
• 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.
• Displaying sexually suggestive objects, pictures, or cartoons.
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• Inquiries into one’s sexual experiences; and
• Discussion of one’s sexual activities.
EXPECTATIONS
The City of Lake Elmo recognizes the need to educate its employees, volunteers, members of boards and
commissions, contractors/ vendors, applicants, elected officials and members of the public about sexual
harassment and stands committed to providing information and training. 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 harassment, or employees who are aware of such
harassment, should immediately report their concerns to any of the following:
1. Immediate supervisor
2. Administrative Services Director
3. City administrator
4. Mayor or city councilmember
In addition to notifying one of the above people and stating the nature of the harassment, the employee is
also encouraged to take the following steps, if the person feels safe and comfortable doing so. If there is a
concern about the possibility of violence, the individual should use their discretion to call 911, and/or take
other reasonable action, and as soon as feasible, a supervisor.
1. Make it clear to the harasser that the conduct is unwelcome and document the conversation.
2. Document the occurrences of harassment.
3. Submit the documented complaints to your supervisor, administrative services director, 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 that is viewed as offensive be reported immediately to allow for corrective
action to be taken through education and immediate counseling, if appropriate.
Management takes these complaints seriously and has the obligation to provide an environment free of
harassment. The city is obligated to prevent and correct unlawful harassment in a manner that does not
abridge the rights of the accused. To accomplish this task, the cooperation of all employees is required.
In the case of a sexual harassment complaint, a supervisor must report the allegations promptly to the
administrative services director. If the administrative services director is the subject of the complaint, then
the supervisor is to report the complaint to the City Administrator. A supervisor must act upon such a
report even if requested otherwise by the victim. The city will take action to correct all reported harassment
to the extent evidence is available to verify the alleged harassment and any related retaliation. All
allegations will be investigated. Formal investigations will be prompt, impartial, and thorough. 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 investigation process
will be handled as confidentially as practical and related information will only be shared on a need-to-know
basis and following the Minnesota Government Data Practices Act and/or any other applicable laws.
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To facilitate fostering a respectful work environment, all employees are encouraged to respond to
questions or to otherwise participate in investigations regarding alleged 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.
The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. §
363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under this
policy and any subsequent investigation does not suspend the one-year statute of limitations period under
the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of
the Department of Human Rights.
SPECIAL REPORTING REQUIREMENTS
When the supervisor is the alleged harasser, a report will be made to the administrative services director
who will assume the responsibility for investigation and discipline. For more information about what to do
when allegations involve the city administrator, the mayor, or a council member, see below.
If the administrative services director is the alleged harasser, a report will be made to the city
administrator who will confer with the Mayor and City Council regarding appropriate investigation and
action.
If a council member is the alleged harasser, the report will be made to the administrative services director
and referred to the city attorney who will undertake the necessary investigation. The city attorney will
report their findings to the City Council, which will take the action it deems appropriate.
Pending completion of the investigation, the city administrator may at their discretion take appropriate
action to protect the alleged victim, other employees, or citizens. The city will take reasonable and timely
action, depending on the circumstances of the situation.
If an elected or appointed city official (e.g., council member or commission member) is the victim of
disrespectful workplace behavior, the city attorney will be consulted as to the appropriate course of
action. In cases such as these, it is common for the city council to authorize an investigation by an
independent investigator (consultant). The city will take reasonable and timely action, depending on the
circumstances of the situation.
RETALIATION
The City of Lake Elmo will not tolerate retaliation or intimidation directed towards anyone who makes a
complaint of employment discrimination, who serves as a witness or participates in an investigation,
and/or takes any other actions protected under federal or state discrimination laws, including when
requesting religious or disability accommodation. Retaliation includes but is not limited to, any form of
intimidation, reprisal, or harassment. While each situation is very fact-dependent, retaliation can include but
it not limited to: a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance
evaluations, or transfers to less prestigious or desirable work or work locations because an employee has
engaged or may engage in activity in furtherance of EEO laws.
It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action,
deportation or other action with immigration authorities, disparagement to others or the media, and
making false reports to government authorities because an employee has engaged or may engage in
protected activities. 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.
If you feel retaliation is occurring within the workplace, barring any extenuating circumstances, please
report your concern immediately to any of the following:
1. Immediate supervisor
2. Administrative Services Director
10 12/2024
3. City Administrator
4. Mayor or City Councilmember
5. In the event an employee feels retaliation has occurred by the City Administrator or the City
Council, then reporting may be made to the City Attorney.
Supervisors who have been approached by employees with claims of retaliation will take the complaint
seriously and promptly report the allegations promptly to the administrative services director, or if the
complaint is against the administrative services director to the city administrator, who will decide how to
proceed in addressing the complaint.
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.
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#125 DIVERSITY, EQUITY, & INCLUSION
The city of Lake Elmo is committed to fostering, cultivating, and preserving a culture of diversity, equity and
inclusion. Our policy is to be welcoming, safe, and equitable to all employees and members of the
community. By embracing the diversity of our workforce and community, the city seeks to not only meet,
but also exceed, our obligations under federal and state law. The goal of our policy is for the work
environment to be free of harassment, discrimination, and retaliation. Furthermore, it is our belief that:
• We are more efficient when all are valued and included.
• We are more effective when we leverage our different ideas, backgrounds and identities.
• We are more responsive when we acknowledge and reflect the identity and experience of our
residents and colleagues.
DEFINITIONS
Cultural Competence – the ability to interact effectively across differences. We acknowledge that a
‘one size fits all’ approach is not effective and actively seek ways to make our services accessible and
culturally relevant.
Discrimination – unfair treatment because of a protected class status.
Diversity – recognizes the unique differences of all individuals. This includes the many apparent and
non-apparent ways which people differ in their identity such as: age, gender and gender identity,
race, ethnicity, national origin, language, religious beliefs, sexual orientation, veteran status,
gender identity, mental or physical ability, marital status, family status, or educational background.
Equity – the principle of fairness by seeking to remove barriers and increase access to services.
This includes understanding and acknowledging historical and ongoing inequities between groups of
people and a commitment to actions that challenge those inequities.
Harassment – unwelcome conduct that is based on a protected class status that is intimidating,
hostile or abusive. This includes sexual harassment.
Inclusion – an environment that is built on respect and which creates a sense of belonging for all
who live and work here. By being inclusive we acknowledge and value individual contribution as
well as the background and identity of those with whom we work, partner, or serve.
It is the city’s policy to respect culture and reduce bias in our workplace and service delivery.
The commitment to inclusion, diversity, and equity influences the work that is performed by the city, the
workplace environment, relationships between employees, and relationships between the city and
community. While individual employees have their own beliefs and values, performing work on behalf of
the city requires upholding cultural competence and respect to ensure work occurs that not only meets,
but also exceeds, our obligations under federal and state law.
The city of Lake Elmo values all diversity and recognizes individual protected-class status as defined under
state and federal law and seeks to ensure equal opportunities in all phases of employment. The city expects
each employee to cooperate to achieve this goal and personally stand behind the principles as
defined within this policy.
All employees of the city are expected to act and perform work professionally, including respecting cultural
differences. Under the city’s Respectful Workplace & Harassment Prevention policy, discrimination,
including harassment, will not be tolerated. Any employee found to have exhibited any inappropriate
conduct or behavior may be subject to disciplinary action.
12 12/2024
Employees who believe they have been subjected to any kind of discrimination that conflicts with this
policy should follow the reporting procedures within the city’s Respectful Workplace & Harassment
Prevention policy.
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#130 CODE OF CONDUCT
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.
Honesty is an important organizational attribute to our city. Therefore, any intentional misrepresentation
of facts or falsification of records, including personnel records, medical records, leaves of absence
documentation or the like, will not be tolerated. Further, dishonesty in city positions may preclude workers
from effectively performing their essential job duties.
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.
• Approach our organization and operational duties with a positive attitude and constructively
support open communication, creativity, dedication, and compassion.
FALSIFICATION OF RECORDS
Any employee who makes false statements or commits, or attempts to commit, fraud to prevent the
impartial application of these policies will be subject to immediate disciplinary action up to and including
termination and potential criminal prosecution.
CONFLICT OF INTEREST
City employees are to remove themselves from situations in which they would have to act 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, they should consult with the city administrator.
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.
City employees cannot use their official authority or influence through their employment with the city to
compel a person to apply for membership in or become a member of a political organization, or to compel
a person to pay or promise to pay a political contribution, or to compel a person to take part in political
activity. While at work, city employees must be politically neutral in the performance of their job duties
and cannot engage in political activity while at work, on city property, or by using city resources (such as
city branded clothing or uniforms, photos, ID badges, nametags, or using the city’s email system or
technology). Furthermore, employees should not use their city job title in conjunction with any political
work or endorsements.
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#135 CITYWIDE WORK RULES
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 their name and the serial number (if applicable) or identifying information about
the equipment with their supervisor. All such equipment must be turned in and accounted for by any
employee leaving employment with the city 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 to have 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 contact 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. In all instances, clothing and appearance must be neat, clean, not ripped, heavily frayed or
worn, and not expose an excessive amount of skin. 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.
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 the use of cellular phones.
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 (using
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.
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#140 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.
16 12/2024
#141 WAGE NONDISCLOSURE
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, the city 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.
The city cannot retaliate against an employee for disclosing their 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.
Management encourages you to discuss your compensation with your direct supervisor and/or the
Administrative Services Director. It is our policy to pay wages and salaries that are competitive with those
paid for similar jobs in our surrounding area. We maintain the accuracy of our wage and salary structure by
periodically checking what the competition pays. We also comply with the business and general economic
conditions of the industry.
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#142 MANDATORY MEETINGS
The city may require employees to attend mandatory meetings based on business needs and in the
interest of productivity and collaboration. However, we will not take adverse action against any employee
for refusing to attend mandatory meetings or participate in city-sponsored communications that have the
purpose of communicating religious or political views.
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#145 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.
Except for routine events and basic information readily available to the public, 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 their
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:
• 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.
• 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, “I’m
sorry, I don’t have information regarding that issue. Let me take your information and submit your
request to the appropriate person, who will get back to you as soon as they can.” Then ask the
media representative’s name, questions, deadline, and contact information.
All news releases concerning city personnel will be the responsibility of the city administrator or their
designee.
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, do 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.
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#150 COMPUTER & INTERNET USE
The purpose of this policy is to protect the quality and integrity of, while minimizing the risks to, the City’s
information system. This system is vital to performing City functions. The City’s administrative services
director is responsible for developing and maintaining procedures that best serve these purposes. In
addition to this policy, City staff are required to follow the Metro-INET Acceptable Use Policy which is
attached to this personnel policy handbook.
DEFINITIONS
Internet: A global computer network which joins government, educational institutions and private
computers together over high-performance communication lines. The Internet is a rich source of
information, electronic commerce, and personal electronic communications.
Downloading: The transfer of computer files from one computer storage device to a different
computer’s storage device.
Browser: A computer program used to access the Internet with the ability to search the Internet
for information. This program resides on the individual’s workstation.
DATA MANAGEMENT AND PROTECTION
DATA STORAGE
1. Back-Up: All data shall be stored on the network server. This ensures that all data is backed up
daily.
2. Agency Access: All network users will have rights to the “Shared” directory. This directory should
be used for sharing files with other departments.
3. Department Access: Each department may have additional access to directories of the file server
and each user within the department will have a sub-directory under the department directory.
The department directory will be accessible to all users within that department.
MANAGEMENT OF FILES
The storage capacity of the network server is limited. Therefore, all users are responsible for deleting their
own outdated files.
PORTABLE FILES
Only appropriate files may be copied to City computers. Under no circumstances may a user copy to or
from an agency computer, any program files or any executable files (e.g., games, screensavers, etc.). Users
bringing files home and back are responsible for following this policy and should pay special attention to
the virus protection guidelines herein.
WORK PRODUCT OWNERSHIP
All information developed on the City computer system or introduced to the City computer system
becomes the property of the City, regardless of where it was created. All information developed by city
employees on computers outside the city, if in conjunction with their employment at the city, is the
property of the City. Copies of all such files must be provided to the city, which has exclusive rights to
retain, maintain and modify these files.
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USE OF EQUIPMENT
GENERAL USE
The primary purpose for the use of the City’s computer equipment is agency business. Only City employees
may use the City’s computer equipment. Use by any other party requires prior approval of the City
Administrator. City employees must use their assigned login identification (ID) when connecting to the
network. Users should never login under another employee’s ID.
PORTABLE EQUIPMENT
Only portable equipment (e.g., laptop computers, tablets, phones, computer accessories) may be removed
from City buildings. This equipment must be checked out through the administrative services director and
may only be used for City business. Employees are expected to provide appropriate protection against
theft, accidental breakage, environmental damage and other risks, for any equipment in their possession.
Desktop computers and attached devices shall not be removed from City buildings.
INSTALLATION OF HARDWARE AND SOFTWARE
INSTALLATION
All hardware and software shall be installed or downloaded by Metro-INET. Users who wish to run product
demonstrations or download information from bulletin boards or the Internet should contact the
administrative services director/city clerk prior to doing so.
CONFIGURATION
Individual workstations are configured to operate in a complex network environment. Users shall not
change their system’s set-up files. Users who have a concern about the configuration of their set-up files
should contact the administrative services director.
LICENSED SOFTWARE
The City complies with all software copyrights and terms of software licenses. City employees shall not
duplicate licensed software or related documentation. Any such duplication may subject employees
and/or the City to both civil and criminal penalties under the United States Copyright Act. Only software
obtained through the City’s acquisition process will be used on City computers. City owned software shall
not be loaded on external systems.
SYSTEM SECURITY
OVERVIEW
Electronic information is a significant asset of the City. The goal of system security is to protect from
unauthorized or inappropriate access or modification.
CONTROL OF SECURITY
Users shall not add additional security to their workstations or files. Users who believe they have security
needs beyond current settings should contact the administrative services director.
21 12/2024
USER ACCESS CONTROLS
All users shall identify themselves with the system by signing on with their assigned login ID. Employees
must use a password when logging in to the system. Passwords shall not be shared, apart from the user’s
department head and/or the administrative services director. Users must notify their department head of
any new passwords or revisions of passwords of any type. Users who will be away from their computer for a
long period of time should log out of the system.
ACCESS TO DATA
The user’s ability to view, add or modify information in network files is based on access rights configured by
Metro-INET. Employees must contact the administrative services director to request changes to user
access rights.
VIRUS PROTECTION
Users are responsible for having ALL disks, jump/flash drives or other media storage devices scanned for
viruses prior to their use. This includes but is not limited to; dtives brought from home, downloaded files,
drives or files received from outside agencies or people, and diagnostic drives brought in by technicians.
Users needing to scan a drive should contact Metro-INET.
Users of portable equipment need to virus scan the hard drive of such equipment prior to connecting it to
the City’s local area network.
Users are responsible for any e-mail received. As some e-mail messages may contain viruses, users are not
to open an e-mail message or click on any links and/or attachments if the origin of the message is
unknown.
INTERNET POLICY
The City’s Internet access has been installed to facilitate communications and information gathering for
City business. Internet access is the property of the City and is intended to assist City employees in the
performance of their jobs. The following policy describes the proper use of the Internet and the rights of
City management to access information obtained through this system.
GENERAL INFORMATION
• All information taken off the Internet should be considered suspect until confirmed by another
source. There is not a quality control process of the Internet. Information obtained has the
potential to be inaccurate or outdated.
• The Internet will not provide private or confidential electronic communications. Users should
understand that ALL communications created, received or backed up on City systems may be
construed to be public documents and thus may be subject to legal requests for public disclosure.
• Management reserves the right to examine e-mails, files & directories, internet usage, and any
hardware containing City property. This examination ensures compliance with all legal
requirements and internal policies and assists with the management of the City’s information
system.
• Users should consider their internet activities as being periodically monitored and should act
accordingly.
PERMITTED USES
• The primary purpose of City Internet access is City business.
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• Limited, occasional use of the Internet for personal purposes will be permitted only under the
following conditions:
• Personal use is only allowed during non-work hours.
• Personal use does not interfere with another employee’s business use of the Internet.
(e.g., Too many employees are browsing during their lunch break that the response time
slows down and employees working on City business are adversely affected.);
• Employee is currently performing at a ranking of satisfactory or higher; and
• Use complies with all parts of this policy and the Metro-INET Acceptable Use policy.
• Only City employees, council members, contractors, and verified visitors are allowed to use the
City’s Internet access. Any exceptions to this rule must have the prior approval of the City
Administrator.
• Employees with a browser are responsible for compliance with this policy. It is required that
employees with browsers have access to their workstation protected by password.
• Users should be aware that as the number of browsers and amount of time spent on the Internet
by users increases, the response time of Internet functions will decrease.
• Users are required to respect the legal protection provided to programs and data by copyright,
license and privacy laws.
• Users must conduct themselves in a manner that is consistent with City goals and policies.
PROHIBITED USE OF COMPUTER EQUIPMENT AND INTERNET ACCESS
The following is a list of those activities which, if conducted, may result in disciplinary action, up to and
including termination of City employment and potential civil and/or criminal charges. City computer
equipment and/or Internet access shall not under any circumstances be used for:
• political purposes, religious reasons, harassment activities, obscene activities, racial or ethnic
discrimination or any illegal activity;
• gambling, fundraising, operating/conducting a private business, or for private gain or advantage;
• presenting personal opinions or misinformation about the City, its programs, policies or
personnel; and
• activities that interfere with or disrupt network users, services or equipment.
• Users shall not seek to breach system security, nor assist others in doing so.
INTERNET MONITORING AND BLOCKING
• The City does monitor its internet access.
• The City does block inappropriate websites. If users find a site blocked while performing your
job duties inform your department director.
VIOLATIONS OF POLICY
Violation of these policies may result in the cancellation of the violator’s access to City computer
equipment and/or Internet browsing and Internet e-mail accounts and may be grounds for disciplinary
action up to and including termination of employment with the City.
23 12/2024
#160 ARTIFICIAL INTELLIGENCE (AI) CHATBOT USAGE
With the increasing popularity of generative AI chatbots such as OpenAI’s ChatGPT, Google’s Bard, and
Microsoft 365’s Copilot, it has become necessary to outline the proper use of such tools while working at
the City of Lake Elmo. While we remain committed to adopting new technologies to aid our mission, when
possible, we also understand the risks and limitations of generative AI chatbots and want to ensure
responsible use. Our goal is to protect employees, clients, suppliers, constituents, and the city from harm.
OVERVIEW
While AI chatbots can be used to perform a variety of functions, this policy addresses only the use of a
web-based interface to ask or “prompt” the chatbot in a conversational manner to find answers to
questions or to create or edit written content. There are, however, risks in using this technology, including
uncertainty about who owns the AI-created content and security/privacy concerns with inputting
proprietary city information or sensitive information about an employee, client, customer, etc., when
interacting with the chatbot. Additionally, the accuracy of the content created by these technologies
cannot be relied upon, as the information may be outdated, misleading or—in some cases—fabricated.
When you submit data to an AI-enhanced service, it leaves a copy of the submitted data with the service.
This may pose security and privacy risks. These risks are magnified if the AI-enhanced service
automatically incorporates submitted data into responses shared with other users as part of the data they
are trained to use.
ELIGIBILITY
This policy applies to all employees of the City and to all work associated with the City that those
employees perform, whether on or off company premises.
POLICY
Limited use of generative AI chatbots will be allowed while performing work for the City with the approval of
your supervisor. City email addresses, credentials or phone numbers cannot be used to create an account
with these technologies. No city data of any kind may be submitted (copied, typed, etc.) into these
platforms. All AI-generated content must be reviewed for accuracy before relying on it for work purposes.
If a reliable source cannot be found to verify factual information generated by the chatbot, that information
cannot be used for work purposes. Please refer to the AI flowchart to help determine whether it’s
appropriate for you to use AI on your work project.
ACCEPTABLE USES INCLUDE:
• General-knowledge questions meant to enhance your understanding on a work-related topic.
• Summarizing long documents that only contain information as defined by Minnesota Statutes
• Chapter 13 as “public” and is intended to be available to the public.
• To brainstorm ideas related to projects you are working on.
• Researching public topics where the resulting content can be verified by a subject matter expert
(SME).
• To create formulas for Excel spreadsheets or similar programs.
UNACCEPTABLE USES INCLUDE:
• Using any text created by an AI chatbot in final work products of any kind.
• Copying and pasting, typing, or in any way submitting city content or data of any kind into the AI
chatbot.
• Failing to properly cite an AI chatbot when used as a resource.
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ETHICAL USE
Employees must use generative AI chatbots in accordance with the City’s respectful workplace policies.
These technologies must not be used to create content that is inappropriate, discriminatory or otherwise
harmful to others or the company. Such use will result in disciplinary action, up to and including
termination.
MONITORING
The City’s Computer and Internet Use Policy and relevant monitoring policies still apply when using
generative AI chatbots with company equipment.
Any violation of this policy will result in disciplinary action, up to and including termination.
AI FLOWCHART
25 12/2024
#165 PERSONAL COMMUNICATIONS & 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 or commenting on issues that
implicate their city employment. As city representatives, employees share the responsibility of earning and
preserving the public’s trust in the city. An employee’s own personal communications, such as on social
media, can have a significant impact on the public’s belief that all city staff will carry out city functions
faithfully and impartially and without regard to factors such as race, sex/gender, religion, national origin,
disability, sexual orientation, or other protected categories. Nonpersonal communications (performed
within one’s job duties) to members of the public must always be professional. The following guidelines
apply to personal communications, including various forms such as any social media (Facebook, Twitter,
blogs, YouTube, etc.), letters to the editor of newspapers, and personal endorsements:
• Do not share any private or confidential information you have access to because of your city
position.
• Any personal communications made on a matter of public concern must not disrupt the efficiency of
the city’s operation, including by negatively affecting morale. Put another way, such public
comments must not undermine any city department’s ability to effectively serve the public.
Disruptive personal communications can include liking or republishing (sharing/retweeting) a social
media post of another individual or entity. The city can act on personal communication that violates
this policy without waiting for the actual disruption.
• Remember that what you write or post is public, and may be permanent. It may also be spread to
a larger audience than you intended. 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 concerning a
co-worker or between co-workers 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 personal
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 (including traits
associated with race, including, but not limited to, hair texture and hairstyles such as braids, locs and
twists), national origin, age, color, creed, religion, disability, marital status, familial status, veteran
status, sexual orientation, gender identity, or gender 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 their side business as a
plumber; a parks employee should not access a park after hours even though they 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 names or email names should not be tied to the city (e.g., Lake Elmo
Cop).
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#170 EMPLOYEE TYPE & CONDITION
The City of Lake Elmo maintains an employee categorization system for the purposes of establishing
employee tenure, setting qualifications for employee benefits, determining hiring policies, and complying
with the Federal Fair Labor Standards Act (FLSA) and city Personnel Policies.
EMPLOYEE TYPE
Probationary – 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
probationary 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’s probationary period may be
extended for reasonable cause and must be documented as to the reason and requirements to
successfully meet the expectations of the extended probation. An employee serving their 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 completion of this probationary
period guarantees continued employment with the city or changes the at-will status of your
employment.
*Time served in temporary, seasonal, volunteer, or interim positions is 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.
Temporary – Employees who work in positions that have a defined start and end date or are 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. Temporary
employees may qualify for ESST if they meet the requirements.
Seasonal - Employees who work only part of the calendar year (67 days or less or 100 days or less
for employees under the age of 22) 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. Seasonal employees do qualify for ESST accruals if they meet the
requirements. Seasonal employees must have at least a thirty (30) day break in between
employment periods.
Career Firefighter – A benefit-eligible, non-exempt, full-time firefighter for the City who works up to
159 hours in a twenty-one (21) day rotation.
Paid on Call Firefighter (POC) – A firefighter for the city who will serve on an occasional basis to
complement and/or augment the fire department shift schedule, response callbacks, and
department training and events. POC firefighters are not eligible for benefits or seniority. POC
firefighters shall work the required minimum of hours per quarter but shall not exceed the
maximum of 120 work hours per month.
EMPLOYEE CONDITION
Exempt – Employees who are not covered by the overtime provisions of the federal or state Fair
Labor Standards Act. Exempt employees are salaried employees who do work that has been
defined as exempt under the Act.
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
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Non-exempt – Employees who are covered by the federal or state Fair Labor Standards Act. Such
employees are considered hourly employees and are normally eligible for overtime at 1.5 times
their regular hourly wage for all hours worked over forty (40) in any given workweek.
Full-Time – Employees who work forty (40) or more hours per week year-round in an ongoing
position.
Part-Time – Employees who work less than forty (40) hours per week year-round in an ongoing
position.
All City positions are categorized as either exempt or non-exempt from the provisions of the FLSA.
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#175 EMPLOYEE RECRUITMENT & SELECTION
The administrative services director will manage the hiring process for positions within the city. The city
administrator is responsible for the final hiring decision and must approve all hires for city employment,
contingent upon approval by the City Council. All hires will be made according to merit and experience
related to the position being filled.
The administrative services director will determine if a vacancy will be filled through open recruitment, by
promotion, transfer, or some other method. This determination will be made on a case-by-case basis.
Most position vacancies will be filled through an open recruitment process.
All applications for employment will be made through the administration department by use of approved
application forms (paper or online) 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 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
another appropriate job-related exam. For example:
• Keyboarding exercises for data entry positions.
• Writing exercises for positions requiring writing as part of the job duties.
• “In-basket” exercise for an administrative support position (sets up real-life scenarios and items
that would likely be given to the position for action and asks the candidate to list and prioritize the
steps they would take to complete the tasks).
• Mock presentation to the City Council for a director position.
Internal recruitments will be open to any city employee who: (1) has completed the initial probationary
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.
When a pre-employment medical exam is required, it will be required of all candidates who are finalists
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and who are offered employment for a given job class. 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 administrative services director 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 job, the administrative services
director 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, they
will be notified of this determination.
SELECTION PROCESS
The selection process will be a cooperative effort between the administrative services director and the
hiring supervisor, subject to final hiring approval by the city administrator and 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.
PROBATIONARY PERIOD
The probationary 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. Probationary
periods apply to new hires, transfers, promotions, and rehires. Probationary periods are six months in
duration, but may be extended by, for example, an unpaid leave of absence.
Prior to completion of this probationary 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 probationary period.
During this probationary period employees will continue to be considered regular full-time employees, will
accrue seniority and will be protected in the discharge procedure as other regular full-time employees.
Successful completion of this probationary period does not guarantee continued employment with the city
or change the at-will status of your employment.
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#180 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. In addition, a job description may also describe the benefits offered and
potential career path opportunities as a means to entice a qualified pool of applicants. Good attendance
and compliance with work rules and policies are essential functions of all city positions.
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.
ASSIGNING AND SCHEDULING WORK
Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the
approval of the city administrator.
CLASSIFICATIONS
Assignment of job titles, establishment of minimum qualifications, and the maintenance of job descriptions
and related records is the responsibility of the city administrator.
LAYOFF
In the event it becomes necessary to reduce personnel, temporary employees and those serving a
probationary period in affected job classes will be terminated from employment with the city before other
employees in those job classes. Within these groups, the selection of employees to be retained will be
based on merit and ability as determined by the city administrator, subject to approval of the City Council.
When all other considerations are equal, the principle of seniority will apply in layoffs and recall from
layoffs.
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#185 HOURS OF
The City requires flexibility to schedule people when needed. We accommodate individual needs as
possible, while still meeting the needs of the organization. However, it may be necessary to ask staff to
work at times other than their regular scheduled shifts.
DEFINITIONS
Hours of Operation – The city’s regular hours of operation are Monday through Friday, from 8
a.m. to 4:30 p.m. (Summer hours-Memorial Day through Labor Day- are Monday through Thursday
7 a.m. to 4:30 p.m. and Fridays 8:00 a.m. to noon.)
Authorized Hours – The number of hours an’co 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.
Workweek – A workweek is seven consecutive 24-hour periods. For most employees, the
workweek will run from Saturday through the following Friday. With the approval of the city
administrator, departments may establish a different workweek based on coverage and service
delivery needs (e.g., fire department, public works department).
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 most 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: To comply with the 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. Employees in part-time and temporary positions will not be permitted to work more
than 28 hours per week, including hours worked and paid leave (such as vacation or sick leave). All shifts,
including scheduled trades or picked-up shifts, must be pre-approved by the 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. In some rare instances, a seasonal or
temporary employee may be offered health insurance to comply with federal health care reform laws and
regulations.
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 AND REST BREAKS
A paid fifteen (15) minute break is allowed for every four (4) consecutive hours of work. An unpaid thirty
(30) minute lunch break is provided when an employee works eight six (86) or more consecutive hours.
Employees are expected to use these breaks as intended and will not be permitted to adjust work start
time, end time, or lunchtime by skipping these breaks. Employees may not work through breaks to shorten
their shift. An employee may combine their morning and afternoon break with their lunch break for a sixty
(60) minute lunch break.
Employees whose duties involve traveling throughout the city may stop along the assigned route at a
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restaurant or other public accommodation for their fifteen-minute breaks and thirty-minute lunch break.
Exceptions must be approved by the supervisor or city administrator.
Departments with unique job or coverage requirements may have additional rules, issued by the
department head and subject to approval of the city administrator, on the use of meal breaks and rest
periods. Department heads are authorized to change work schedules to accommodate time off requests.
ADVERSE WEATHER CONDITIONS
City facilities will generally be open during adverse weather. Due to individual circumstances, each
employee needs to evaluate the weather and road conditions in deciding to report to work (or leave early).
Employees not reporting to work for reasons of weather will be allowed to use accrued paid sickvacation,
ESST, or compensatory time, or with supervisor approval, may modify the work schedule or make other
reasonable schedule adjustments.
Firefighters and public works maintenance employees will generally be required to report to work
regardless of weather conditions.
Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by the
respective department head or the city administrator.
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#190 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.
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.
All employees are expected to maintain satisfactory attendance and report to work on time every day.
Absence, late arrivals, and early departures must be kept to a minimum. Absences and tardiness create an
unfair burden to coworkers and should be avoided.
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 they 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 their 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 warrant 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.
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#192 DISCIPLINE
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 the
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.
If co-workers raise allegations regarding an employee’s actions or behaviors, the supervisor and/or the
administrative services director will investigate the allegation before any disciplinary action is taken.
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 they perform.
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 can 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. Serious infractions may require
skipping either the oral or written reprimand, or both. Written reprimands are issued by the supervisor and
the administrative services director with prior approval from the city administrator.
A written reprimand will:
1. state what happened;
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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.
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 who have completed the initial probationary period 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 several 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 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 who has completed the initial
probationary period, the appropriate hearing notice will be provided, and all rights will be afforded the
veteran under Minnesota law.
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#195 PERFORMANCE
DEFINITIONS
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.
Demotion – 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.
Reclassify - Movement of a job from one classification to another classification because of a
significant change in the position’s duties and responsibilities.
Tenure: The total length of continuous employment with the city, including approved leaves of
absence.
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.
Transfer – movement of an employee from one city position to another of equivalent pay.
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.
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 probationary period, informal performance meetings should occur between the supervisor and
the employee. Conducting these informal performance meetings provides both the supervisor and the
employee with 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.
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#196 PERSONNEL FILES
You have a right to review your personnel file once every six (6) months while you are employed with the
City of Lake Elmo. If you choose to exercise this right, you must submit a written request to the
Administrative Services Director. Within seven (7) working days of receiving your request, the city will
make available for your review either your original file or an accurate copy of your file. You will have access to
your file during normal operating hours at the city location where personnel records are maintained. When
the original file is reviewed, the city may require that this review take place in the presence of a manager.
After you have had an opportunity to review your file, you may make a written request for a copy of the
record. If you make such a request, the city will provide you with one copy of your file at no charge.
After your separation from employment, you may review your file once annually for as long as the city
maintains the record. If you make a good faith, written request to review your file after your employment
has ended, the city will provide one copy of your file at no cost.
If, after reviewing your file, you dispute specific information, the city may agree to remove or revise the
disputed information. If no such agreement is reached, you are entitled to submit a written statement of
no more than five (5) pages explaining your position. This position statement will be included in your file,
along with the disputed information, for as long as the city maintains the record.
The rights of Minnesota employees are protected by the Minnesota Personnel Records Review and Access
Minnesota Statutes 181.960 to 181.965. Upon request, the city will make the full text of this statute
available for review.
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#200 TELEWORK
It is the policy of the City of Lake Elmo to permit employees, under certain circumstances, to conduct work
remotely. Telework is intended to provide a flexible work location for eligible employees and business-
related benefits to the City, including attracting and retaining a skilled workforce, supporting continuity of
operations, and maximizing efficiency and cost savings. Telework arrangements are a business and
workplace strategy, not an employee benefit or employee right, and approval or denial is at the sole
discretion of the City. Telework may not be an option for all employees depending on factors that may
include but not be limited to, employee job performance and current job duties, the business needs of the
department and its customers. This policy guides the practice of working from locations other than City
office buildings or properties and provides standards and expectations for all City telework arrangements.
Teleworkers will always be cognizant of the public's expectation of efficient, effective, and responsive
service from all City employees. Both actual and apparent conflicts with this expectation must be avoided
and the existence of any such conflicts will result in termination of the telework arrangement and/or
disciplinary action.
City work conducted by employees at a non-City work site as required by their functional job
responsibilities is not considered telework (e.g., building inspectors at a building site, firefighters on a call).
Exempt staff performing incidental tasks (e.g., checking email, responding to voicemails, etc.) while on
unpaid time (e.g., sick or vacation leave, or after work hours) is not considered telework.
DEFINITIONS
Telework: A work arrangement approved by the department director and city administrator that
permits employees to work offsite in their homes or other approved location other than City
buildings or properties.
Teleworker: An employee who is authorized to work remotely. No employee may telework
exclusively.
Onsite worker: An employee whose job cannot be performed from a telework location and/or
who is not authorized to telework or chooses not to telework.
Telework location: An approved location other than City buildings, typically an employee’s home,
at which the employee is authorized to telework.
Primary work location: The City building which is the employee’s assigned work location when
working onsite. All employees will have a primary work location and must be prepared to work at
that location when required.
Telework Schedule: Work arrangement, including hours and days of work, agreed to by the
teleworker and the department director, reflected in the Telework Agreement, during which the
employee will be working remotely. Telework schedules may vary by job or employee but will
generally be consistent with those of their department and colleagues.
TELEWORK OPTIONS
Routine/Long-Term – a telework arrangement that lasts for more than four (4) weeks where employees
may work remotely up to two (2) days per week. Telework days are regular, scheduled agreed upon days
that do not vary from week to week (e.g. every Tuesday).
Emergency/Short-Term – an unexpected telework arrangement where employees may temporarily work
remotely due to varied circumstances. The arrangement must be beneficial to the City and will be approved
on a case by case basis. This work agreement must meet all requirements of the Fair Labor Standards Act
(FLSA), Family Medical Leave Act (FMLA), and disability insurance claims, if applicable.
Situational/Intermittent – May be planned or unplanned. Telework days are approved by the supervisor
on an as-needed basis. Employees wishing to have this telework arrangement must complete the telework
agreement prior to requesting any intermittent telework days. For example, an employee may work from
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home when there is inclement weather, they have a repair service coming to the home, or they want
uninterrupted work time for a special project.
Generally, an employee will choose between a routine or situational telework option. All telework options
require approval by the supervisor, department head, administrative services director, and city
administrator and must meet all requirements as defined in this policy.
ELIGIBILITY
To be eligible to telework, the employee’s job must be suitable to telework, and the employee must meet
the following criteria:
• Must have and maintain a satisfactory performance.
• Have been employed with the City for three (3) or more months.
• Maintain a reliable high-speed, broadband internet connection. The internet connection speeds
must be verified, and the employee shall provide a screenshot of the speed test results with the
Telework Agreement form, showing both the download and upload speeds.
Department Directors are responsible for determining if a job is suitable for telework and if an employee is
capable of teleworking. Each telework agreement will be determined on a case-by-case basis using the
following criteria:
• The business needs of the department.
• Ensuring business coverage is maintained - a minimum of one employee from each department
will be available on site at the primary work location during business hours.
• The employee’s duties and responsibilities.
• The employee’s ability to perform job duties from a remote location, e.g., customer facing,
providing office coverage, etc.
• Ability to perform job duties during approved work schedule and be available during normal work
hours.
• Employee’s current and past job performance.
• Expectations for future performance by the employee and how performance will be measured.
• Positive or negative effects on quality customer service.
• Positive or negative effects on the department, division, and City of Lake Elmo as a whole.
• Availability of high-speed internet at the remote work site.
• Whether the employee has demonstrated essential work skills, such as time
management, organization skills, self-motivation, and the ability to work independently.
• Other potential distractions to the teleworker should be considered and conflicting demands
resolved in advance of commencing a teleworking agreement.
APPROVAL PPROCESS AND TELEWORK AGREEMENT
1. Employees shall complete and submit to their supervisor the Telework Agreement form along with
a picture of their home work space and a screenshot of their internet download and upload
speeds.
2. The supervisor and the employee will schedule a meeting to discuss the telework arrangement.
This meeting is an opportunity to ask clarifying questions and ensure that both the supervisor and
the employee have a mutual understanding about the expectations for the arrangement.
3. If the supervisor approves the request, they are responsible for consulting with the Administrative
Services Director to ensure all technology requirements are met before signing the agreement and
obtaining Department Head and City Administrator approval.
4. Completed forms will be placed in the employees’ personnel file in the administration department.
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Modifications to the telework agreement or a change in the employee’s position require a newly
completed Telework Agreement form. Telework agreements shall be reviewed by the supervisor and
renewed (at a minimum) annually.
CONDITIONS OF EMPLOYMENT AND WORK ENVIRONMENT
An employee has no automatic right to telework, and the City has the right to refuse or deny any teleworking
request from an employee. The City and/or the employee may terminate a telework agreement at any
time for any reason.
Teleworking does not change the terms and conditions of employment such as salary, benefits, or job
responsibilities and work tasks. When working from a telework location, that location will be considered
the temporary place of reporting. Teleworkers work at an approved location during work hours as agreed
upon by the teleworker and supervisor and will not do work at any other time or anywhere else unless
approved by their supervisor.
Teleworkers do not receive a special commuting allowance when working at the telework location.
Overtime, compensatory time, or leave provisions contained in City policies are not altered to
accommodate a telework arrangement.
Teleworkers are responsible for having a designated workspace suitable for completing the work assigned.
The area should be free of health and safety hazards and/or obstructions.
Teleworkers are responsible for all expenses necessary to set up their telework location, including
expenses associated with establishing, maintaining, and modifying workspaces and internet connectivity.
Additionally, teleworkers will not receive any mileage reimbursement for commuting between their
telework location and primary work location.
A remote worker' s existing insurance policy may not include coverage for liability arising out of the use of
a residence for a business purpose. Remote workers are solely responsible for determining an appropriate
level of coverage based on their own circumstances.
Federal and State tax implications of remote work and the potential use of a home office are the
responsibility of the employee.
If an employee has a designated home workspace, that space is considered an extension of the City's
workspace during scheduled remote work hours for purposes of worker' s compensation.
PERFORMANCE STANDARDS AND EXPECTATIONS OF TELEWORKERS
Performance standards for teleworkers are no less than those of employees working in City offices or
buildings doing the same work. If modifications to the standards are necessary, they must be discussed
with and approved by the supervisor.
Employees entering a telework agreement will generally have a telework schedule consistent with their
work schedule and provisions of the telework arrangement. Work schedules for onsite and offsite work
hours are pre-approved by the employee's supervisor if different from the arrangement specifications.
Teleworkers will be as accessible and available as their onsite counterparts during their agreed upon
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telework schedule, regardless of work location. Teleworkers are expected to be available and working
during all hours of their telework schedule. They must be available by telephone, email, Microsoft Teams,
and video conferencing at a minimum. This includes, without limitation, attending scheduled meetings using
applicable technology or onsite and being available to customers, clients, coworkers, supervisors, and
others. Business meetings and vendor/client visits in the employee’s home are prohibited.
There will be times when teleworkers will be expected to be at the primary work location on days when
they have scheduled telework hours, such as for mandatory meetings and training, and when the need to
conduct city business in person is necessary. Supervisors may recall teleworkers back to the primary work
location during emergency situations to assist in mitigating the situation. In these circumstances, the
employee can resume normal teleworking once the meeting, training, or emergency is over.
Non-exempt (hourly) employees must report actual hours worked and may not work overtime or
additional hours, without advance approval by their supervisor.
Teleworkers must comply with all applicable City rules and regulations as well as any applicable
departmental rules, policies and procedures. All Teleworkers must comply with time reporting and
overtime procedures as outlined in the personnel policies manual.
The employee shall inform their supervisor of any absences from the teleworking location during
scheduled work hours. Paid time off should be utilized as usual for illnesses, appointments, etc. as noted in
Annual Leave policy. If a teleworker is found to be unavailable during their telework hours, it may be
grounds for disciplinary action including termination of the telework agreement.
In Accordance with Worker’s Compensation Insurance, in the event of work-related injury while
teleworking, the employee is required to notify their supervisor and the Administrative Services Director
and complete all necessary reports for reporting an accident/incident.
TELEWORK IS NOT:
• A viable work arrangement for all positions or well suited to all employees.
• An accommodation to complete personal or other non-City endeavors during work hours.
• Telework is not for the purpose of allowing an employee to provide dependent care. Teleworkers
who work at home will manage dependent care and personal responsibilities in the same way they
meet these responsibilities while working at their primary work location and in a way that allows
them to successfully meet job responsibilities.
• Telework is not a substitute for using paid time off (PTO).
• Considered a contract or guarantee of continued employment.
DATA MANAGEMENT AND SECURITY
City owned equipment shall be treated the same as if it was in the primary work location. Internet usage
on City owned equipment may still be tracked. No rogue or outside software shall be installed, and the
devices shall be encrypted. Software installations may only be completed by Metro-INET. Telework
computers will receive standard Windows and antivirus updates over the approved network connection.
Teleworkers must take all necessary precautions to keep City data and information secure and to prevent
unauthorized access to any City system or information from the telework location. The City’s normal data
privacy and security policies and procedures apply equally to telework. Teleworkers are also responsible
for complying with all federal and state laws and regulations that apply to their work.
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Each employee shall complete cyber security training twice annually.
TELEWORK SCHEDULE AND LOCATION
Telework schedules must be consistent with the Hours of Work policy. Department Directors are
responsible for developing telework schedules for each teleworker on their team by balancing their
department’s business needs and the teleworker’s desire for flexibility. Telework schedules should
generally occur during normal work hours as defined in the Hours of Work Policy. Teleworkers are
responsible for complying with all City policies, including specifically the provisions of the Payroll and
Compensation Policy regarding time tracking.
Travel to and from the primary work location for purposes of meetings or other work requirements shall
not be considered compensable hours and mileage will not be reimbursed.
All telework locations must have an identified workspace, free from distractions, be approved in advance
by the teleworker’s supervisor, and be maintained by the employee. Prior to approval of telework, the
telework location may be assessed for compliance with applicable requirements. This includes home and
other telework locations.
The City has the right to make a site visit to the telework location to ensure proper procedures are being followed
including, but not limited to, employee and work site suitability, protection of data, the assurance that safe
working conditions exist, and to maintain, repair, inspect, or retrieve City owned equipment as necessary.
Teleworkers must allow access to their remote workspace for the purpose of performing work site
inspections as requested.
For regulatory reasons, staff are not generally allowed to telework from any location outside of Minnesota or
Wisconsin unless specifically traveling for a work purpose (e.g., work conference) and approved to do so by
their department head. The City Administrator, at their discretion, may approve short-term or intermittent
telework outside of Minnesota or Wisconsin to meet City business needs.
EQUIPMENT
The City will provide equipment and related supplies for use by the teleworker. Any equipment supplied by
the City for use at a telework location may not be used for personal purposes by the employee or non- city
employees as outlined in the Computer and Internet Use policy.
Teleworkers shall promptly notify their supervisor of equipment malfunction, failure, theft, or damage of
City owned equipment. In the event of delay in repair or replacement of equipment or any other
circumstance under which it would be impossible for the employee to telework, the employee will return to
the primary work location to work.
Equipment, hardware, software, supplies, documents and other information or property remain the
property of the City no matter where it is located and shall be returned prior to termination of
employment or at the request of the City.
DISCLAIMER
Telework agreements can be modified or terminated by the City at any time. Failure of the teleworker to
comply with all relevant laws, policies, provisions, requirement or expectations, or the terms of the
telework arrangement may result in the loss of telework privileges and/or disciplinary action as necessary or
appropriate.
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#210 PAYROLL & COMPENSATION
DEFINITIONS
Direct Deposit – As permitted by state law, all city employees are required to participate in direct
deposit.
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., firefighters).
Pay Period – A fourteen (14) day period beginning at 12:00 a.m. on Saturday through 11:59 p.m.
on Friday, fourteen (14) days later.
Holiday Pay – Compensation (8 hours) received when City offices are closed for an observed
holiday.
Firefighter Holiday Leave Bank – In lieu of holiday pay, career firefighters will accrue leave (8
hours) when City offices are closed for an observed holiday. The eight (8) hours of leave will be
earned in the pay period in which the observed holiday falls and can be used at a time mutually
agreed upon by the employee and the employee’s supervisor. Up to thirty-two (32) hours of
firefighter holiday leave may be Accrued hours do not carrriedy over from year to year. Firefighter
holiday leave hours and are not paid out upon separation of employment.
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 may be
authorized in addition to regular pay. Expense reimbursement checks will be paid through direct deposit.
Compensation for seasonal and temporary employees will be set by the City Council at the time of hire, or
on an annual basis.
DIRECT DEPOSIT
As provided for in Minnesota law, all employees are will be required to participate in direct deposit.
Employees are responsible for notifying the administrative services 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. Expense reimbursement checks will be
paid through direct deposit.
IMPROPER DEDUCTION AND OVERPAYMENT
If an employee believes that an improper deduction or overpayment, or another type of error, has been
made, they should immediately contact their supervisor. If the city determines it has made an improper
deduction from a paycheck, it will reimburse the employee for the improper amount deducted and take
good faith measures to prevent improper deductions from being made in the future. In cases of improper
overpayments, employees are required to promptly repay the city in the amount of the overpayment. The
employee can write a personal check or authorize a reduction in pay to cover the repayment. The city will
not reduce an employee’s pay without written authorization by the employee. Once the overpayment has
been recovered in full, the employee’s year to date earnings and taxes will be adjusted (so that the year’s
Form W-2 is correct) and the paying department will receive the corresponding credit. When an
overpayment occurs, the repayment must be made within the same tax year.
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In the exceptional situation where the overpayment occurs in one tax year and is not discovered until the
next year, the overpayment must be repaid in the year it is discovered, but there will be additional steps
and paperwork required. Any overpayments not repaid in full within the calendar year of the overpayment
are considered “prior year overpayments” and the employee must repay not only for the net amount of
the overpayment, but also the federal and state taxes the city has paid on their behalf. The city is able to
recover the overpaid Social Security and Medicare taxes. Accordingly, the city will not require the
employee to repay those taxes provided the employee provides a written statement that he/she will not
request a refund of the taxes. The overpayment amount will remain taxable in the year of the
overpayment since the employee had access to the funds. The employee is not entitled to file an amended
tax return for the year but may be entitled to a deduction or credit with respect to the repayment in the
year of repayment. Employees should contact their tax advisors for additional information.
TIME REPORTING
Full-time, non-exempt employees are expected to work the number of hours per week as established for
their position. 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 Act, 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. This is done
electronically through the City’s payroll software. Time sheets should be entered and approved by the
employee and approved by the employee’s immediate supervisor. Approving and submitting electronic
time sheets acts as a signature. 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 (with input from the administrative services
director) 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 EMPLOYEES (Overtime-Eligible)
For most employees the workweek begins at 12:00 a.m. on Saturday and runs until the following Friday
night at 11:59 pm. 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-eligible employees will be compensated at the rate of one -and-one-half (1.5) times their hourly
pay rate for all hours worked over 40 in one workweek. Vacation and ESST hours taken do not count
towards “hours worked.” Paid holidays do count toward “hours worked.”
Career firefighters will be compensated at the rate of one-and-one-half (1.5) times their hourly pay rate for
all hours worked over 159 in the designated 21-day cycle. Firefighter Holiday Leave hours do not count
towards “hours worked.” For any overtime hours worked on a City holiday Career Firefighters shall be paid
two (2) times their hourly pay rate.
Employees may earn compensatory time at the rate of one- and one-half (1.5) times in lieu of overtime
pay, upon mutual agreement between the employe and the employer.
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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 their timesheet that the overtime earned is to be recorded as
compensatory time in lieu of payment, upon supervisor approval.
Compensatory time balances should not exceed fifty (50) hours with a maximum carryover of forty (40)
hours per year. Once an employee has accrued a balance of fifty (50) hours of compensatory time no
further compensatory time may accrue. 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. As of the last pay period in
November of each year, all accumulated compensatory time above the maximum carryover amount of
forty (40) hours shall be paid to the employee at the hourly pay rate the employee is earning at that time.
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 EMPLOYEES (Non-Overtime-Eligible)
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 vacation or personal leave and is absent for a day
or more for personal reasons other than sickness or accident.
• To offset compensation received for military pay. If an employee works part of the week in military
service, the city must pay the entire week’s salary to the employee, but the city shall offset the
amount of the military pay for the week against the employee’s salary.
• The employee is in a position that earns sick leave, 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.
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• 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.
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. Employees must provide copies of any compensation received for jury or
witness duty, which will be deducted from the employee’s paycheck. Pay for expenses may be kept by the
employee.
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. If an employee thinks that
a wage deduction was made in error, please contact the administrative services director promptly. 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.
HOLIDAY COMPENSATION
All benefit eligible employees who are on active status (not a leave of absence) the day preceding and the
day following an observed City holiday are eligible to receive holiday compensation. Any employee on a
leave of absence without pay from the city is not eligible for holiday pay. Full-time employees will receive
eight (8) hours of Holiday Pay on the observed holiday. Part-time employees will be paid on a prorated
basis determined by the number of hours they work per week. Career and POC firefighters, seasonal, and
temporary employees will not receive Holiday Pay on observed City holidays.
Career firefighters will not receive Holiday Pay on observed City holidays. Career firefighters will receive
eight (8) hours of accrued time deposited to their Firefighter Holiday Leave (FFHL) Bank on the paycheck
for the pay period in which the observed holiday falls. Firefighter Holiday Leave must be preapproved by a
supervisor and be used in eight (8) hour increments. Firefighter Holiday Leave time does not count towards
hours worked when determining overtime. Up to thirty-two (32) hours of firefighter holiday leave hours may
be carried over into the following year. Firefighter Holiday Leave bank hours will not be paid out upon
separation.
PAY FOR TIME WORKED ON A HOLIDAY
Non-exempt employees assigned to work on any observed City holiday are paid one-and-one-half times
the employee’s regular hourly pay rate for all such hours worked.
Career Firefighters required to work on a City holiday shall be paid one and one-half (1.5) times their
hourly pay rate for hours worked during the 24-hour period starting at 12:00 a.m. and ending at 11:59
p.m. on the actual City holiday, not the day City offices are closed to observe the holiday. For any overtime
hours worked on a City holiday Career Firefighters shall be paid two (2) times their hourly pay rate.
47 12/2024
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
more than fifty (50) percent of their scheduled shift. For example, if they work eight (8) hour days and
work 4.25 hours they do not need to take paid leave for the remaining 3.75 hours. If they work four (4)
hours, then paid leave should be used for four (4) hours.
Absences of less than fifty (50%) percent of a regular shift 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 an exempt employee 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.
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#215 BENEFITS
Benefits are privileges granted to qualified employees in the form of paid leave and/or insurance 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 and their dependents. An employee working 30 hours or more per
week (or the equivalent of 130 hours or more per month) is eligible to receive benefits. Employees working
30-39 hours per week will receive pro-rated benefits. Waiting periods will apply as determined by the plan.
The city makes a competitive monthly contribution toward group health, dental, and life insurance
benefits. Cost sharing is determined 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.
The amount to be contributed and the type of coverage will be determined annually by the City Council.
For information about coverage and eligibility requirements, employees should refer to the summary plan
description or contact the administrative services director.
RETIREMENT/PERA
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.
The city participates in the 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 paycheck 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 administrative services
director.
49 12/2024
#220 HOLIDAYS
The city observes the following official holidays for all regular full-time and part-time employees:
Holiday Celebrated Date Observed
New Year’s Day January 1
Martin Luther King, Jr. Day Third Monday in January
Presidents Day Third Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Indigenous Peoples’ Day Second Monday in October
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Eve December 24
Christmas December 25
Official holidays commence at midnight on 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.
When Christmas Eve falls on a Friday, it will be observed the preceding Thursday. When Christmas Eve falls
on a Sunday, Christmas will be observed the following Tuesday.
Compensation for required work time on a holiday is paid pursuant to the Payroll and Compensation
Policy.
Employees wanting to observe holidays other than those officially observed by the city may request either
vacation leave or unpaid leave for such time off.
50 12/2024
#225 LEAVES OF ABSENCE
DEFINITIONS
Immediate Family – The employee’s spouse, the children, grandchildren, parents, grandparents,
brothers and sisters, of the employee and the employee’s spouse, including all step, adoptee, and
foster relations or otherwise indicated in the leave policy.
Depending upon an employee’s situation, more than one form of leave may apply during the same period
(e.g., the Family and Medical Leave Act is likely to apply during a workers’ compensation absence). An
employee needs 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 leave, 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.
BEREAVEMENT LEAVE
Employees will be permitted to use up to three (3) consecutive working days, with pay, as bereavement
leave upon the death of an immediate family member and one (1) day for other family. This paid leave will
not be deducted from the employee’s paid time off balance.
The actual amount of time off, and 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.).
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 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.
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 leaves before taking unpaid leave unless otherwise indicated in the policy. If the leave
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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. Such employees are entitled to a leave of absence
without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in
training or active service not exceeding a total of 15 days in any calendar year. Refer to current state and
federal laws for details.
The leave of absence is only in the event the employee returns to employment with the city as required
upon being relieved from service; or is prevented from returning by physical or mental disability or other
cause not the fault of the employee; or is required by the proper authority to continue in military or naval
service beyond the fifteen (15) day paid leave of absence. Employees on extended unpaid military leave
will receive fifteen (15) days paid leave of absence in each calendar year, not to exceed five years.
Where possible, notice is to be provided to the city at least ten (10) working days in advance of the
requested leave. A training notice, signed orders, or battle assembly schedule are examples of typical
written notification to share with the city. If an employee has not yet used his/her fifteen (15) days of paid
leave when called to active duty, any unused paid time will be allowed for the active-duty time, prior to
the unpaid leave of absence.
Employees returning from military service will be reemployed in the job that they would have attained had
they not been absent for military service and with the same seniority, status and pay, as well as other
rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the
purpose of (PTO) accrual.
Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen (15) days
will follow the same procedures as for any employee on an unpaid leave of absence.
MILITARY LEAVE FOR FAMILY MEMBERS
The city will not discharge from employment or take adverse employment action against an employee
because an immediate family member is in the military forces of the United States or Minnesota.
Nor will the city discharge from employment or take adverse employment action against an employee
because they attend departure or homecoming ceremonies for deploying or returning personnel, family
training or readiness events or events held as part of official military reintegration programs. Employees
may substitute paid leave if they choose to do so.
Employees will be granted up to ten (10) working days of unpaid leave whose immediate family member
(defined as a person’s parent, child, grandparents, siblings, or spouse) is a member of the United States
armed forces who has been injured or killed while engaged in active service. The 10 days may be reduced if
an employee elects to use appropriate accrued paid leave.
Unless the leave would unduly disrupt the operations of the city, employees whose immediate family
member, as a member of the United States armed forces has been ordered into active service in support of
a war or other national emergency, will be granted an unpaid leave of absence, not to exceed one day’s
duration in any calendar year, to attend a send-off or homecoming ceremony for the mobilized service
member.
CIVIL AIR PATROL
The city will grant employees an unpaid leave of absence for time spent serving as a member of the Civil
52 12/2024
Air Patrol upon request and authority of the State or any of its political subdivisions, unless the absence
would unduly disrupt the operations of the city. Employees may choose to use PTO leave while on Civil Air
Patrol Leave but are not required to do so.
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. Such employees will be required to turn over any compensation they
receive for jury duty, minus mileage reimbursement, to the city in order to receive their regular wages for
the period. Time spent on jury duty will not be counted as time worked in computing overtime.
Employees excused or released from jury duty during their regular working hours will report to their
regular work duties as soon as reasonably possible or will take accrued PTO or compensatory time to make
up the difference.
Employees are required to notify their supervisor as soon as possible after receiving notice to report for
jury duty. The employee will be responsible for ensuring that a report of time spent on jury duty and pay
form is completed by the clerk of court so the city will be able to determine the amount of compensation
due for the period involved.
Temporary and seasonal employees are generally not eligible for compensation for absences due to jury
duty but can take leave without pay subject to department head approval. However, if a temporary or
seasonal employee is classified as exempt, he/she will receive compensation for the jury duty time.
ELECTIONS/VOTING
An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off
without pay for purposes of serving as an election judge, provided that the employee gives the city at least
twenty (20) days written notice,
The city reserves the right to restrict the number of employees absent from work for the purpose of
serving as an election judge to no more than 20 percent of the total workforce at any single worksite.
All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of
United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to
vote on the election day.
City employees who are eligible to vote and who are scheduled to work at least 8 hours during poll hours
on a federal or state Election Day will be allowed to take sufficient time off from work to vote. Employees
who plan to take time off to vote should request the time off at least 2 days in advance, so that staffing
and work plans can be arranged to accommodate the lost hours. The City requests that employees who
take voting leave either report to work one (1) hour late or leave work one (1) hour early. Effective July 1,
2023, employees may be absent from work for the time necessary to vote to include voting during the
period allowed for voting in person before election day.
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.
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, to attend criminal proceedings related to the victim’s case.
Additionally, a victim of a violent crime, as well as the victim’s spouse or immediate family member
(immediate family member includes parent, spouse, child or sibling of the employee) may have reasonable
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time off from work to attend criminal proceedings related to the victim’s case.
An employee must give at least 48 hours advance notice to the city of their need to be absent unless it is
impracticable, or an emergency prevents them from doing so. The city may request verification that
supports the employee’s reason for being absent from the workplace.
ADMINISTRATIVE LEAVE
Under special circumstances, an employee may be placed on 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 & ACTIVITIES LEAVE
Any employee 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 vacation leave hours for this absence but are not required to do so.
FAMILY AND MEDICAL LEAVE
See the City of Lake Elmo Family Medical Leave Policy in this personnel policy.
MINNESOTA PAID LEAVE
See the City of Lake Elmo Minnesota Paid Leave Policy in this personnel policy.
PREGNANCY AND PARENTING LEAVE
All employees are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave
Act of Minnesota. Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or
related health conditions as well as a biological or adoptive parent in conjunction with after the birth or
adoption of a child is eligible for up to 12 weeks of unpaid leave and must begin within twelve (12) months
of the birth or adoption of the child. In the case where the child must remain in the hospital longer than
the mother, the leave must begin within 12 months after the child leaves the hospital.
Employees should provide reasonable notice, which is at least 3 days. If the leave must be taken in less
than three days, the employee should give as much notice as practicable. In the case of both spouses
working for the same employer, each eligible employee is entitled to 12 weeks of parental leave per 12-
month period.
Employees are required to use accrued sick leave and may use vacation leave during Parenting Leave. If
the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also
count as FMLA leave. The two leaves will run concurrently. The employee is entitled to return to work in
the same position and at the same rate of pay the employee was receiving prior to commencement of the
leave. Group insurance coverage will remain available while the employee is on leave pursuant to the
Pregnancy and Parenting Leave Act, but the employee will be responsible for the entire premium unless
otherwise provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA
absence as well, the employer contributions toward insurance benefits will continue during the FMLA
leave absence.
Adoptive parents will be given the same opportunities for leave as biological parents. The leave must be
for the purpose of arranging the child’s placement or caring for the child after placement. Such leave must
begin shortly before or at the time of the child’s placement in the adoptive home.
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Effective July 1, 2023, the city will inform employees of their parental leave rights at the time of hire and
when an employee makes an inquiry about or requests parental leave.
An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate
against an employee for asserting parental leave rights or remedies.
BONE MARROW/ORGAN DONATION LEAVE
Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40 hours,
unless agreed to by the city, to undergo medical procedures to donate bone marrow or an organ. The 40
hours is over and above the amount of accrued time the employee has earned.
The city may require a physician’s verification of the purpose and length of the leave requested to donate
bone marrow or an organ. If there is a medical determination that the employee does not qualify as a bone
marrow or organ donor, the paid leave of absence granted to the employee prior to that medical
determination is not forfeited.
An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate
against an employee for asserting bone marrow or organ donation leave rights or remedies.
Reasonable Accommodations for Health Conditions Relating to Pregnancy
The city will attempt to provide a pregnant employee who requests reasonable accommodation with the
following for her health conditions related to her pregnancy or childbirth without notice of a licensed
health care provider or certified doula:
• More frequent or longer restroom, food, and water breaks
• Seating
• Limits on lifting over 20 pounds
Additionally, the city will provide reasonable accommodations, including, but not limited to, temporary
leaves of absence, modification in work schedule or job assignments, and limits to lifting to an employee
for health conditions related to pregnancy or childbirth upon request, with the notice of a licensed health
care provider or certified doula, unless such accommodations impose an undue hardship on the city. The
city will engage in an interactive process concerning an employee’s request for a reasonable
accommodation.
Following state law, no employee is required to take a leave of absence for a pregnancy nor accept a
pregnancy accommodation.
The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate
against an employee for asserting reasonable accommodations pregnancy rights, or remedies.
LACTATION BREAKS
Lactating employees will be provided reasonable paid break times (which may run concurrently with
already provided break times) to express milk. The city will provide a clean, private and secure 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. The city shall not discharge, discipline, penalize, interfere with, or
otherwise retaliate or discriminate against an employee for asserting nursing rights or remedies.
Light Duty/Modified Duty Assignment
This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees
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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 administrative services director 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 administrative services director 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.
WORK COMP 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.
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#226 FAMILY MEDICAL LEAVE (FMLA)(FEDERAL)
To qualify to take FMLA leave under this policy, an employee must meet all the following conditions:
• Have worked for the City for 12 months (or 52 weeks) before the date the leave is to commence
unless the break was due to National Guard or Reserve military service obligation. The 12 months
or 52 weeks need not have been consecutive; however, the City will not consider any service 7
years prior to the employee’s most recent hire date.
• Have worked at least 1,250 hours during the 12-month period prior to the date when the leave is
requested to commence. The principles established under the Fair Labor Standards Act (“FLSA”)
determine the number of hours worked by an employee.
TYPES OF LEAVE COVERED BY FMLA
Leave will be granted to all eligible employees for any of the following reasons:
• The birth of a child, including prenatal care, or placement of a child with the employee for adoption
or foster care;
• To care for a spouse, child, or parent who has a serious health condition;
• Due to a serious health condition that makes the employee unable to perform the essential
functions of the position;
• A covered military member’s active duty or call to duty or to care for a covered military member
(Military Caregiver and Qualified Exigency Leave) (described below).
DEFINITIONS
Spouse – does not include domestic partners or common-law spouses.
Caring for a covered family member includes psychological as well as physical care. It also includes
acquiring care and sharing care duties. An eligible “child,” with some exceptions, is under 18 years
of age.
Parent – Includes a biological parent or a person who was charged with parental rights, duties, and
responsibilities over the employee when the employee was under the age of 18.
Serious Health Condition – means an illness, injury, impairment, or physical or mental condition
that involves one of the following:
• Hospital Care: Any period of incapacity or treatment connected with inpatient care (i.e., an
overnight stay) in a hospital, hospice, or residential medical care facility;
• Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or childbirth;
• Absence Plus Treatment: A period of incapacity of more than three consecutive calendar days
that also involves continuing treatment by or under the supervision of a health care provider.
• Chronic Conditions Requiring Treatments: An incapacity from a chronic condition that
requires periodic visits for treatment by a health care provider, continues over an extended
period of time, and may cause episodic rather than a continuing period of incapacity;
• Permanent/Long-Term Conditions Requiring Supervision
• Multiple Treatments: Any period of absence to receive multiple treatments (including any
period of recovery therefrom) by a health care provider or by a provider of health care services
under orders of, or on referral by, a health care provider.
LENGTH AND AMOUNT OF LEAVE
The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period. The leave
year is calculated based on a fixed or calendar date basis.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12)
months after the birth or placement of that child.
HOW LEAVE MAY BE TAKEN
FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently (a day periodically
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when needed), or may be used to reduce the workweek or workday, resulting in a reduced hour schedule.
In all cases, the leave may not exceed a total of 12 work weeks.
Intermittent leave may be taken when medically necessary for the employee’s serious health condition or
to care for a seriously ill family member. Intermittent leave must be documented in the medical
certification form as medically necessary.
If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment,
the employee must make a reasonable effort to schedule the treatment so as to not disrupt the City’s
business.
In instances when intermittent or reduced schedule leave for the employee or employee's family member
is foreseeable or is for planned medical treatment, including recovery from a serious health condition, the
City may temporarily transfer an employee to an available alternative position with equivalent pay and
benefits if the alternative position would better accommodate the intermittent or reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or
foster care child only with the City’s approval.
PROCEDURE FOR REQUESTING LEAVE AND NOTICE
All employees requesting FMLA leave must provide written or verbal notice of the need for the leave to the
administrative services director.
When the need for the leave is foreseeable, the employee must give verbal or written notice to their
supervisor at least thirty (30) days before the date on which leave is to begin. If an employee fails to give
thirty (30) days’ notice for a foreseeable leave with no reasonable explanation for the delay, the leave may
be denied until thirty (30) days after the employee provides notice.
If thirty (30) days’ notice cannot be given, the employee is required to give as much notice as practicable,
including following required call-in procedures.
The City requires an employee on FMLA leave to report periodically on the employee’s status and intent to
return to work.
CERTIFICATION AND DOCUMENTATION REQUIREMENTS
For leave due to an employee’s serious health condition or that of an employee’s family member, the City
will require the completion of a Medical Certification form by the attending physician or practitioner. The
form must be submitted by the employee to the City Administrator within fifteen (15) calendar days after
leave is requested. If the form is not submitted in a timely fashion, the employee must provide a
reasonable explanation for the delay. Failure to provide medical certification may result in a denial or delay
of the leave.
When leave is due to an employee’s own serious health condition, a fitness for duty certification (FFD) will
be required before an employee can return to work. Failure to timely provide such certification may
eliminate or delay an employee’s right to reinstatement under the FMLA.
If an employee is using intermittent leave and reasonable safety concerns exist regarding the employee’s
ability to perform his or her duties, a FFD certificate may be required as frequently as every 30 days during
periods when the employee has used intermittent leave.
Recertification of leave may be required if the employee requests an extension of the original length
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approved by the City or if the circumstances regarding the leave have changed. Recertification may also be
required if there is a question as to the validity of the certification or if the employee is unable to return to
work due to the serious health condition.
SECOND AND THIRD MEDICAL OPINIONS
The City may require an employee obtain a second opinion from a provider which the City selects. If
necessary to resolve a conflict between the original certification and the second opinion, the City may
require the opinion of a third doctor. This third opinion will be considered final. An employee will be
provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion.
ANNUAL MEDICAL CERTIFICATION AND RECERTIFICATION
Where the employee's need for leave due to the employee's own serious health condition lasts beyond a
single leave year, the City will require employees to provide a new medical certification in each subsequent
leave year. Such new medical certifications are subject to the provisions for authentication and clarification
and second and third opinions.
REINSTATEMENT
Employees returning from Family and Medical Leave will be reinstated in the same position or a position
equivalent in pay, benefits, and other terms and conditions of employment.
GROUP HEALTH INSURANCE AND OTHER BENEFITS
An employee granted leave under this policy will continue to be covered under the City's group health and
dental insurance plan under the same conditions and at the same level of City contribution as would have
been provided had the employee been continuously employed during the leave period. The employee will
be required to continue payment of the employee portion of group insurance coverage while on leave.
Arrangements for payment of the employee's portion of premiums must be made by the employee with
the City.
If there are changes in the City's contribution levels while the employee is on leave, those changes will take
place as if the employee were still on the job.
Rights to additional continued benefits will depend on whether leave is paid or unpaid.
Any paid disability leave benefits (MN Paid Leave, Short Term Disability or Long Term Disability), sick leave,
or compensatory time off available to employees for a covered reason (an employee’s serious health
condition or a covered family member’s serious health condition, including worker’s compensation leave
and Minnesota State Parenting Leave) will run concurrently with FMLA.
FAILURE TO RETURN TO WORK AFTER FMLA
Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for at
least 30 calendar days, the City may require the employee to repay the portion of the monthly cost paid by
the City for group health plan benefits. The City may also require the employee to repay any amounts the
City paid on the employee’s behalf to maintain benefits other than group health plan benefits.
If the employee fails to pay the City a portion of the premiums for which they are responsible during the
FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to pay
premiums is not a qualifying event for purposes of continuation coverage under COBRA.
ACTIVITIES PROHIBITED DURING FMLA
While on leave, an employee may not engage in activities (including employment) that have the same or
similar requirements and essential functions of an employee’s current position.
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UNPAID MEDICAL LEAVE OF ABSENCE
If an employee is ineligible for FMLA leave or has exhausted available FMLA leave benefits, it is the policy
of the City to consider an employee’s request for a medical or personal leave of absence. The amount of
medical leave available to each employee will be determined on a case-by-case basis depending on the
position held, staffing requirements, the reasons for the leave, and the anticipated return-to-work date.
Employees who take unpaid medical leave are not guaranteed to return to the same position held prior to
taking leave.
Employees seeking a medical leave of absence will be required to present medical documentation to
support the need for the leave, on-going documentation to support the need for continued leave, and
documentation to support a return to work.
During Unpaid Medical Leave, employees will be expected to keep in regular contact with human
resources. When you anticipate your return to work, please notify human resources of your expected
return date at least one week before the end of your leave.
Employees on an Unpaid Medical Leave of Absence may be subject to COBRA notice and continuation
benefits and will be solely responsible for payment of the entire COBRA.
Failure to keep in touch with management during your leave, failure to advise management of your
availability to return to work, or failure to return to work following leave will be considered a voluntary
resignation of your employment.
FMLA – QUALIFIED EXIGENCY AND MILTARY CAREGIVER LEAVE
Qualified Exigency
Eligible employees (described above) whose spouse, son, daughter, or parent either has been notified of an
impending call or order to covered active military duty or who is already on covered active duty may
take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service.
The qualifying exigency must be one of the following: (1) short-notice deployment; (2) military events and
activities; (3) childcare and school activities; (3) financial and legal arrangements; (5) counseling; (6) rest
and recuperation; (7) post-deployment activities; (8) parental care; or (9) additional activities that arise out
of active duty, provided that the employer and employee agree, including agreement on timing and
duration of the leave.
Military Caregiver Leave
An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, parent, or next of
kin of a covered servicemember may take up to 26 weeks in a single 12-month period to care for that
servicemember.
The family member must be a current member of the Armed Forces (including a member of the National
Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active duty for which
he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on outpatient status
or on the temporary disability retired list. Eligible employees may not take leave under this provision to
care for former members of the Armed Forces, former members of the National Guard and Reserves, or
members on the permanent disability retired list.
DEFINITIONS
Son or daughter of a covered servicemember – is the covered servicemember’s biological,
adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember
stood in loco parentis, and who is of any age.
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Parent of a covered servicemember – is a covered servicemember’s biological, adoptive, step, or
foster father or mother, or any other individual who stood in loco parentis to the covered
servicemember. This term does not include parents “in law.”
Next of kin of a covered servicemember – Is the nearest blood relative, other than the covered
servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood
relatives who have been granted legal custody of the servicemember by court decree or statutory
provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the
covered servicemember has specifically designated in writing another blood relative as his or her
nearest blood relative for purposes of military caregiver leave under the FMLA. When no such
designation is made, and there are multiple family members with the same level of relationship to
the covered servicemember, all such family members shall be considered the covered
servicemember’s next of kin and may take FMLA leave to provide care to the covered
servicemember, either consecutively or simultaneously. When such designation has been made,
the designated individual shall be deemed to be the covered servicemember’s only next of kin.
Covered active duty means:
• “Covered active duty” for members of a regular component of the Armed Forces means
duty during deployment of the member with the Armed Forces to a foreign country.
• “Covered active duty” for members of the reserve components of the Armed Forces
(members of the U.S. National Guard and Reserves) means duty during deployment of the
member with the Armed Forces to a foreign country under a call or order to active duty in
a contingency operation as defined in section 101(a)(13)(B) of Title 10 of the United States
Code.
Covered servicemember means:
• An Armed Forces member (including the National Guard or Reserves) undergoing medical
treatment, recuperation, or therapy or otherwise in outpatient status or on the temporary
disability retired list, for a serious injury or illness”; or
• A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed Forces (including a member of the
National Guard or Reserves) at any time during the period of 5 years preceding the date on
which the veteran undergoes that medical treatment, recuperation, or therapy.
Serious injury or illness means:
• In the case of a member of the Armed Forces (including a member of the National Guard or
Reserves), means an injury or illness that was incurred by the member in line of duty on
active duty in the Armed Forces (or existed before the beginning of the member’s active
duty and was aggravated by service in line of duty on active duty in the Armed Forces) and
that may render the member medically unfit to perform the duties of the member’s office,
grade, rank, or rating; and
• In the case of a veteran who was a member of the Armed Forces (including a member of
the National Guard or Reserves) at any time during a period when the person was a
covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury or
illness incurred by a covered servicemember in the line of duty on active duty that may
render the servicemember medically unfit to perform the duties of his or her office, grade,
rank or rating.
AMOUNT OF LEAVE – QUALIFIED EXIGENCY
An eligible employee can take up to 12 weeks of leave for a qualified exigency.
AMOUNT OF LEAVE – MILITARY CAREGIVER
An eligible employee taking military caregiver leave is entitled to 26 work weeks of leave during a “single
12-month period.” The “single 12-month period” begins on the first day the eligible employee takes FMLA
leave to care for a covered servicemember and ends 12 months after that date.
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Leave taken for any FMLA reason counts towards the 26-week entitlement. If an employee does not take
all 26 workweeks of leave to care for a covered servicemember during this “single 12-month period,” the
remaining part of the 26 workweeks of leave entitlement to care for the covered servicemember is
forfeited. 29 C.F.R. § 825.127(e)(1) (2017).
CERTIFICATION OF QUALIFYING EXIGENCY FOR MILITARY FAMILY LEAVE
The City will require certification of the qualifying exigency for military family leave. The employee must
respond to such a request within 15 days of the request or provide a reasonable explanation for the delay.
Failure to provide certification may result in a denial of continuation of leave. This certification will be
provided using the DOL Certification of Qualifying Exigency for Military Family Leave.
CERTIFICATION FOR COVERED SERVICEMEMBER FOR MILITARY FAMILY LEAVE
The City will require certification for the serious injury or illness of the covered servicemember. The
employee must respond to such a request within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered
Servicemember.
All other provisions of the FMLA policy, including Use of Paid Leave, Employee Status and Benefits During
Leave, Procedure for Requesting Leave, and Benefits During Leave and Reinstatement, are outlined above
in the FMLA policy.
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#227 MINNESOTA PAID LEAVE (MNPL)
OVERVIEW
The city provides time off to eligible employees who qualify for Minnesota Paid Leave (MNPL) benefits
under Minnesota law. The city of Lake Elmo is compliant with the State of Minnesota’s Paid Leave program
through use of a private party for administrating the program. MNPL benefits are funded through premium
contributions payable to the third party provider. The premium cost will be split between the city and
employee as follows: The city of Lake Elmo will pay 50% of the required premium and employees will pay
50% of the premium cost through payroll deductions starting January 1, 2026. All requirements of the
State Plan will be met with the private plan.
ELIGIBILITY
Eligibility criteria for MNPL benefits are made by the State of Minnesota and will be complied with through
our private provider . Generally, to be eligible for MNPL, you must:
• Work at least 50% of the time from a location in Minnesota, including employees who work from
home or spend time in other states occasionally.
• Meet the financial eligibility requirements by having earned over a specific amount of wages as
defined by under Minnesota law at the time of your requested leave.
BENEFIT AMOUNT
An employee's weekly MNPL benefits are calculated and determined by the Minnesota Department of
Employment and Economic Development (DEED).
LEAVE ENTITLEMENT AND USAGE
The State of Minnesota or private provider may approve MNPL leave for the following conditions in a
benefit year:
• Up to 12 weeks of medical leave (for yourself) to take care of yourself for a serious health
condition, including pregnancy, childbirth, recovery, or surgery.
• Up to 12 weeks of family leave to:
o Bond with a child through birth, adoption, or foster placement
o Care for a family member with a serious health condition
o Support a military family member called to active duty
o Receive covered types of care for yourself or a family member because of domestic abuse,
sexual assault, or stalking
You can take both types of leave in the same year, but you cannot exceed 20 weeks total within a single
benefit year. For example, an employee may be entitled to 12 weeks of family leave to bond with a child
and another 8 weeks of medical leave for their serious health condition. Your benefit year starts the first
day you take Paid Leave. There is no waiting period for MNPL if you are granted the benefit.
MNPL INTERMITTENT LEAVE
Employees may apply for intermittent leave in most cases, provided the leave is reasonable and
appropriate to the needs of the individual requiring care.
A) Eligibility
In addition to the other eligibility requirements under the MN Paid Leave law, employees seeking
intermittent leave must have at least eight hours of accumulated leave (unless more than 30 days have
lapsed since taking the initial leave).
B) Notice
In situations where employees seek MNPL on an intermittent basis, employees must make a
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reasonable effort to provide written notice to the administrative services director of the need for
intermittent leave before applying for MNPL benefits through the State program or private provider.
As part of the notice, employees must provide the city with the following: 1) proposed intermittent
leave schedule; and 2) a completed certification from a health care provider identifying the leave as
necessary and a reasonable estimate of the frequency and duration and treatment schedule for the
leave.
C) Increments of Leave & Maximum Number of Hours
Consistent with other forms of leave provided by the city, employees may take intermittent leave in
increments of 15 minutes (24 hours for Firefighters). If eligible for intermittent leave, the city allows a
maximum of 480 hours of intermittent leave in any calendar year. After reaching the maximum
amount of allowed intermittent leave, employees may request continuous MNPL provided the
continuous leave does not exceed the maximum amount of MNPL allowed by law.
DEFINITIONS
• Family member includes:
o Spouse or partner
o Child (including biological, adopted, step, or foster children, or a child you raise even if you
are not legally related)
o Parent or person who raised you
o Sibling
o Grandchild or grandparent
o In-laws (including son, daughter, father, or mother)
o Anyone close to you who depends on you like family, even if not related by blood
• A serious health condition means a physical or mental illness, injury, impairment, condition, or
substance use disorder. Taking care of yourself for this serious condition may involve evaluation,
treatment, inpatient care, recovery, or not being able to perform regular work, attend school, or
do regular daily activities. This includes childbirth, conditions related to pregnancy, or surgery.
NOTICE
Prior to starting a claim with the State or private provider, employees should reach out to Human
Resources to notify your intention to take leave. If the need is foreseeable, we ask that you provide at least
two-weeks notice prior to taking leave. If the leave is not foreseeable you will still be able to take leave
under MNPL and we ask that you provide as much notice as possible.
HOW TO APPLY FOR MINNESOTA PAID LEAVE
After your leave has been discussed, you may apply for MNPL through our third party administrator,
Mutual of Omaha.
INTERACTION WITH OTHER LAWS AND BENEFITS
MNPL will run concurrently with any leave and/or wage supplement for which you may be eligible for
under local, state, or federal law which may include: Family and Medical Leave Act (FMLA) and/or
Minnesota Women’s Economic Security Act (WESA) pregnancy and parenting leave.
The city offers a short-term disability (STD) policy that may run concurrently and require its own filing
requirement pursuant to the terms of the STD policy. Please see Human Resources for more information.
STD payments may be reduced, pursuant to the terms of the STD policy, as a result of receiving state-paid
or third party benefits.
SUPPLEMENTING MNPL BENEFITS WITH ACCRUED PAID LEAVE
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If you are receiving MNPL benefits, the city allows you to supplement, or "top off," your MNPL benefits
with any accrued but unused paid leave. If you choose to supplement your MNPL benefits in this way, the
combined weekly sum of MNPL benefits and city-provided paid leave benefits cannot exceed your
Individual Average Weekly Wage (IAWW). For more information, contact Human Resources.
MAINTAINING HEALTH COVERAGE DURING LEAVE
Unless the employee revokes coverage while on MNPL, the city will continue to provide group health
insurance coverage for an employee on MNPL under the same conditions as the coverage was provided
before the employee took leave. You must continue to make timely payments of your share of the
premiums for such coverage. If you are not using paid time off to cover part or all of the leave, you will be
responsible for remitting your portion of health premiums to the city in order to ensure continuation of
benefits.
Group health insurance may be cancelled if an employee’s premium payment is 30 days late. Before
terminating coverage, the city will provide written notice to the employee at least 15 days before the
coverage is terminated listing the final date payment is due (30 days past the due date) to avoid
cancellation and the date coverage will end if payment is not received.
An employee's share of premium payments for their group health insurance coverage may, at the
employee's option, be:
1. prepaid at or before the start of the leave in which your health deductions may be modified to
accept the agreed upon amounts and cadence of premium deductions;
2. arranged to write a check every 2-4 weeks (depending on the agreement) for the duration that the
employee may be out;
3. Coverage that lapses due to nonpayment of premiums will be reinstated immediately upon return
to work without a waiting period.
REINSTATEMENT
Upon return from covered MNPL, you will be reinstated to your previous position or to an equivalent
position, with the same status, pay, employment benefits, length-of-service credit, and seniority credit as
of the date of leave as long as you have worked for the city for a minimum of 90 calendar days.
Upon return to work, if it becomes evident that the employee is unable to perform the key essential
functions of their position (with or without reasonable accommodation), the city may engage in an
interactive process, consistent with the American with Disability Act (ADA) and/or Minnesota Human
Rights Act (MHRA) and other applicable workplace policies, including workplace safety protocols, to
determine appropriate next steps.
RETALIATION
The city will not interfere or retaliate against employees who request or take leave in accordance with the
MN Paid Leave law.
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#230 EARNED SICK AND SAFE TIME
Earned Sick and Safe Time (ESST) is authorized absence from work with pay. This specific leave applies to all
employees (including part-time, paid-on-call firefighters, seasonal, and temporary employees) performing
work for at least 80 hours a year. This policy does not apply to council members, commissioners, interns,
contractors, or volunteers. For purposes of this policy, a year is defined as a calendar year – January 1 to
December 31. ESST may only be used for days when the employee has a scheduled shift and would
otherwise have been at work.
ACCRUAL OF ESST
Full-time benefit eligible employees will be credited 48 hours of Earned Sick and Safe Time on January 1st,
which are available for immediate use. Unused ESST will be paid out to the employee at the end of the
calendar year. The cycle repeats each calendar year.
Part-time non-benefited employees, paid-on-call firefighters, seasonal and temporary employees who
work for the city at least eighty (80) hours in a year, will accrue ESST at a rate of one (1) hour per thirty
(30) hours worked, up to a maximum of 48 hours of ESST per year. Unused ESST will not be paid out to the
employee at the end of the calendar year.
ESST USE
The leave may be used as it is accrued in the smallest increment of time tracked by the city’s payroll
system which is fifteen (15) minute increments, for the following circumstances:
• An employee’s own:
• Mental or physical illness, injury, or other health condition
• Need for medical diagnosis, care or treatment, of a mental or physical illness
• Injury or health condition
• Need for preventative care
• Closure of the employee's place of business due to weather or another public emergency
• The employee's inability to work or telework because the employee is prohibited from
working by the city due to health concerns related to the potential transmission of a
communicable illness related to a public emergency, or seeking or awaiting the results of a
diagnostic test for, or a medical diagnosis of, a communicable disease related to a public
emergency and the employee has been exposed to a communicable disease or the city has
requested a test or diagnosis.
• Absence due to domestic abuse, sexual assault, or stalking of the employee provided the
absence is to:
- Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
- Obtain services from a victim services organization
- Obtain psychological or other counseling
- Seek relocation or take steps to secure an existing home due to domestic abuse,
sexual assault or stalking
- Seek legal advice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to or resulting from domestic abuse, sexual
assault, or stalking
• Care of a family member:
• With mental or physical illness, injury or other health condition
• Who needs medical diagnosis, care or treatment of a mental or physical illness, injury or
other health condition
• Who needs preventative medical or health care
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• Whose school or place of care has been closed due to weather or other public emergency
• When it has been determined by health authority or a health care professional that the
presence of the family member of the employee in the community would jeopardize the
health of others because of the exposure of the family member of the employee to a
communicable disease, whether or not the family member has actually contracted the
communicable disease
• Absence due to domestic abuse, sexual assault or stalking of the employee’s family
member provided the absence is to:
- Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
- Obtain services from a victim services organization
- Obtain psychological or other counseling
- Seek relocation or take steps to secure an existing home due to domestic abuse,
sexual assault or stalking
- Seek legal advice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to or resulting from domestic abuse, sexual
assault, or stalking
For Earned Sick and Safe Time purposes, family member includes an employee’s:
• Spouse or registered domestic partner
• Child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to
whom the employee stands or stood in local parentis
• Sibling, step sibling or foster sibling
• Biological, adoptive or foster parent, stepparent or a person who stood in loco parentis when the
employee was a minor child
• Grandchild, foster grandchild or step grandchild
• Grandparent or step grandparent
• A child of a sibling of the employee
• A sibling of the parent of the employee or
• A child-in-law or sibling-in-law
• Any of the above family members of a spouse or registered domestic partner
• Any other individual related by blood or whose close association with the employee is the
equivalent of a family relationship
• Up to one individual annually designated by the employee
WEATHER EVENT EXCEPTION
Consistent with Minnesota Statute § 181.9447, Subd. 12, an employee may not use sick and safe time for
the “closure of the employee’s place of business due to weather or other public emergency or an
employee’s need to care for a family member whose school or place of care has been closed due to
weather or other public emergency.” if:
1. the employee's preassigned or foreseeable work duties during a public emergency or
weather event would require the employee to respond to the public emergency or
weather event.
2. the employee is a firefighter.
ADVANCE NOTICE FOR USE OF ESST
If the need for sick and safe leave is foreseeable, the city requires seven (7) days advance notice. However,
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if the need is unforeseeable, employees must provide notice of the need for Earned Sick and Safe time as
soon as practicable. When an employee uses Earned Sick and Safe time for more than three two (32)
consecutive days, the city may require appropriate supporting documentation (such as medical
documentation supporting medical leave, court records or related documentation to support safety leave).
However, if the employee or employee's family member did not receive services from a health care
professional, or if documentation cannot be obtained from a health care professional in a reasonable time
or without added expense, then reasonable documentation may include a written statement from the
employee indicating that the employee is using, or used, Earned Sick and Safe Leave for a qualifying
purpose. The city will not require an employee to disclose details related to domestic abuse, sexual assault,
or stalking or the details of the employee’s or the employee’s family member’s medical condition. Per state
law, the city will not require an employee using Earned Sick and Safe leave to find a replacement worker to
cover the hours the employee will be absent.
CARRY OVER OF ESST
Employees are not eligible to carry over accrued but unused Earned Sick and Safe time into the following
year. Current year’sESST hours not used, will be paid out to the employee at the end of each year
the first payroll of the following year.
RETALIATION PROHIBITED
The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate
against an employee for asserting Earned Sick and Safe Leave rights, requesting an Earned Sick and Safe
Leave absence, or pursuing remedies. Further, the use of Earned Sick and Safe Leave will not be factored
into any attendance point system the city may use. Additionally, it is unlawful to report or threaten to
report a person or a family member’s immigration status for exercising a right under Earned Sick and Safe
Leave.
BENEFITS AND RETURN TO WORK PROTECTIONS
During an employee’s use of Earned Sick and Safe Leave, an employee will continue to receive the city’s
employer insurance contribution as if they were working, and the employee will be responsible for any
share of their insurance premiums.
An employee returning from time off using accrued Earned Sick and Safe Leave is entitled to return to their
city employment at the same rate of pay received when their leave began, plus any automatic pay
adjustments that may have occurred during the employee’s time off. Seniority during Earned Sick and Safe
Leave absences will continue to accrue as if the employee has been continually employed.
SEPARATION FROM EMPLOYMENT
Upon separation from employment, Earned Sick and Safe Leave previously accrued but not used will not be
paid out.
When there is a separation from employment with the city and the employee is rehired again within 180
days of separation, previously accrued Earned Sick and Safe Leave that had not been used will be
reinstated. An employee is entitled to use and accrue Earned Sick and Safe Leave at the commencement of
reemployment.
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#235 VACATION LEAVE
The city believes that time away from work is important to the health and well-being of our employees and
as such, provides vacation leave for eligible employees. Vacation leave provides time away from the job for
rest and recharging.
As with all paid time off programs, the city needs to ensure that service to the public and work
requirements are not adversely impacted. Vacation leave should be taken in fifteen (15) minute
increments. Career firefighters should take vacation leave in twenty-four (24) hour increments.
APPROVAL OR DENIAL
Vacation leave must be approved by the employee’s supervisor and may be denied due to inadequate
notice, the current business needs of the city, or interference with the city’s ability to perform public
service.
ACCRUAL
Vacation hours are calculated and updated each biweekly pay period. An employee may not borrow
against future vacation accruals or carry a negative vacation balance. Employees may use vacation hours in
the same pay period in which it is earned.
Vacation leave will not accrue during an unpaid leave of absence. If a regularly scheduled holiday falls
during an employee’s vacation, it will not be considered vacation leave but holiday leave.
To determine an employee’s vacation accrual rate, years of service will include all continuous time that the
employee has worked at the city (including authorized leave, but excluding time worked in a temporary,
seasonal position or internship).
ACCRUAL RATES FOR VACATION LEAVE
Years of Service Annual / Per Pay Period Accrual Rates
0-2 Years 123.50 hours/4.75 hours
3-5 years 156 hours /6.0 hours
6-10 Years 195 hours /7.50 hours
11-15 Years 221 hours/8.50 hours
16-24 Years 247 hours/9.5 hours
25 Years or More 260 hours/10 hours
Full-time employees will earn vacation leave following the above schedule. Full-time employees may
carry forward a balance of unused vacation leave from one year to the next; the maximum
vacation leave carry-over from one plan year to the next is 240 hours.
Part-time employees who work at least 18 hours per week regularly will accrue vacation time on a
prorated basis of the full-time employee schedule.06 hours per hours worked.
Part-time employees who work less than 18 hours per week regularly, temporary, seasonal employees,
and interns will not earn or accrue vacation time.
Career firefighters (who work 24-hour shifts and must take 24 hours of leave to take a shift off) will earn
vacation leave in accordance with the schedule below:
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ACCRUAL RATES FOR CAREER FIREFIGHTER VACATION LEAVE
Years of Service Annual/ Per Pay Period Accrual Rates
0-2 Years 156 hour/6 hours bi-weekly
3-5 years 208 hours/8 hours bi-weekly
6-10 Years 260 hours/10 hours bi-weekly
11-15 Years 286 hours/11 hours bi-weekly
16-24 Years 312 hours/12 hours bi-weekly
25 Years or More 338 hours/13 hours bi-weekly
Career Firefighters will earn vacation leave following the above schedule. Career Firefighters may carry
forward a balance of unused vacation leave from one year to the next; the maximum vacation leave carry-
over from one plan year to the next is 300 hours.
VACATION CONVERSION OPTION
Employees may reduce their vacation leave balance by up to 40 hours before year-end, by converting up to
40 vacation hours (total) to one or both of the following:
1) To the MSRS deferred compensation plan (subject to vacation IRS deferral limits), and/or
2) To a health savings account (subject to the IRS contribution limits)
Applicable taxes will be withheld, and the conversion shall take place in conjunction with issuing the
calendar year’s final paychecks.
TERMINATION
Employees leaving the city in good standing will receive 100 percent of their vacation leave balance as
compensation (applicable taxes will be withheld) with their final pay. Employees have the option of
directing part or all those dollars into 1.) the MSRS 457 deferred compensation plan (subject to IRS
maximum deferral regulations and Minnesota law) or 2.) a health savings account (subject to IRS maximum
contribution regulations).
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#236 VACATION TO SICK LEAVE DONATION
The purpose of the vacation leave donation program is to allow employees to transfer vacation leave hours
to an employee’s sick leave bank who has exhausted all their accrued sick leave and compensation time to
use for medical leave or an unforeseen circumstance. This policy is not intended as a substitute for short-
term or long-term disability coverage. This transfer occurs only upon the approval of the administrative
services director.
The Vacation Leave Donation Program serves as a short-term solution allowing employees to receive
paid leave in the circumstances noted below:
• Employee is unable to work because of a serious illness or injury.
• Employee is required to provide care for a seriously ill or injured spouse, dependent child, or
household member.
•
ELIGIBILITY:
An employee may apply for the Program if they meet an established set of criteria. The employee must:
1. Be on non-probationary status.
2. Be a full-time benefits eligible employee.
3. Have exhausted all paid leave or be reasonably close to exhausting such paid leave. Donations may
not be used retroactively (i.e. for pay periods prior to receiving the donation.)
4. For an employee requesting sick leave donation due to their own medical condition, they must be
approved for a leave of absence under the city’s Family Medical Leave (FMLA) policy. For an employee
requesting sick leave donation to care for a seriously ill or injured spouse, dependent child, or household
member, they must obtain and submit medical documentation that verifies that a serious illness or injury
necessitates absence from work for a minimum of five days. This qualifying period does not have to be
consecutive.
5. Expect to return to employment with the city upon the conclusion of leave.
6. An employee receiving or expecting to receive worker’s compensation, or short-term or long-term
disability benefits is not eligible to receive donated time.
7. An employee may only receive leave donations once per calendar year and may not receive more
than a total of 30 workdays (240 hours) of donated leave for any single event.
PROCEDURE FOR REQUESTING SICK LEAVE:
1. Employees, or a supervisor on behalf of the employee, may request sick leave donation through the
Administrative Services Director.
2. Completed FMLA paperwork must be submitted to the administrative services director before the
sick leave donation request will be approved. The forms must include the nature of the illness or injury and
the expected date the employee will return to work.
3. The administrative services director will evaluate the sick leave donation request to determine
eligibility. When such a request is received, the administrative services director may, if they approve the
request, give notice to city employees of the donation request.
4. The recipient must sign a form agreeing to accept the donated hours. The recipient will be
responsible for all applicable taxes on the dollar value paid for the donated hours.
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DATA PRACTICES NOTICE:
Any employee who seeks sick leave donation has the responsibility to provide reasonable medical
documentation to show the need for sick leave donation. Compliance is voluntary; however, failure to
provide the required information will result in a denial of the request. All information relating to the sick
leave donation, including medical documentation, shall be maintained in a separate file and shall be
treated as confidential medical records with access limited to those who need to be informed including, but
not limited to, Directors/Supervisors, City Administrator, and City legal counsel. If the sick leave donation is
approved, the all-staff request for donated sick leave hours will state the employee’s name and
department. If the employee chooses, they may authorize the administrative services director to state the
nature of the illness or injury in the request. Employees may also request that the sick leave donation
request is sent only to that employee’s department. The employee acknowledges and agrees that the city
is unable to control any discussion by the employee with their co-workers about the medical or personal
information that caused the employee to request a leave donation.
PROCEDURE FOR DONATING VACATION LEAVE:
Employees may transfer their Vacation leave hours to another employee under the following conditions:
1. Employees requesting to donate vacation leave hours to an employee shall fill out a leave donation
form and return it to the administrative services director. The form will be kept in the employee’s personnel
file. All donations are strictly voluntary and confidential.
2. Only previously accrued vacation leave hours may be donated. Employees may not donate if the
donation will cause the balance of their vacation leave bank to be less than 40 hours.
3. Before such transfer will be approved the proposed recipient of the transfer must have used all
their accrued or usable sick leave and all their compensatory time.
4. Such transfer shall be on an hour-for-hour basis with no relation to the actual earnings of either
the donor or the recipient. The donated hours used by an employee shall be paid at the regular rate of pay
of the employee in need.
5. The minimum donation from a donor is (1) hour of vacation leave and the maximum donation is
(40) hours of vacation leave.
6. When a transfer has been finalized following these rules and approved by the administrative
services director, the Finance Department will be notified, and the necessary accounting action shall be
taken to reflect such transfer.
7. Donations will not be reversed. By signing and submitting a donation form the employee is
approving the finance department to remove the time from their vacation leave bank.
Note: Leave eligibility will follow Minnesota State Law when applicable. No provisions of this policy, its
administration, or any decision on eligibility and distribution of donated leave shall be subject to any
problem resolution, grievance, arbitration or appeal procedure of any collective bargaining agreement or
otherwise.
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#240 EMPLOYEE RECOGNITION
PURPOSE AND INTENT
Beginning August 1, 2007, Minnesota Cities have authority under state law to conduct employee
recognition programs under Minn. Stat. Sec. 15.46, 43A.17, 412.111. This policy is intended to set forth
the objectives of the City of Lake Elmo’s employee recognition program and to provide for the expenditure of
public funds as necessary to achieve these objectives in a manner consistent with the law. The objectives
of the program are:
1. to increase morale and employee motivation;
2. to encourage loyalty and long-term retention of employees; and
3. to celebrate the accomplishments and service of retiring employees, to demonstrate the
appreciation of the City Council, employees, and citizens of the City of Lake Elmo for the public
service provided by all Lake Elmo employees.
Employees eligible for recognition under this policy are regular full and part-time city employees, including
all members of the Lake Elmo Fire Department. Seasonal employees are not eligible.
SERVICE ANNIVERSARY AWARDS
1. Employees shall be presented with a certificate recognizing their years of service at the completion
of five (5) years of service and upon every five years of additional service thereafter. The certificate
shall be signed by the Mayor and the City Administrator and/or department head and any other
supervisors designated by the department..
2. The City Administrator, or designee, is directed to purchase suitable gift cards for this purpose for
approximately $50.00 per every five (5) years of service.
3. The award shall be presented by the Mayor at a City Council meeting on a date as close as practical to
the service anniversary date.
RETIREMENT RECOGNITION
1. Employees who are retiring from service shall receive a gift commemorating their retirement. A
suitable item with a value of $200 or less will be selected by the City Administrator.
2. The City will hold a retirement reception honoring the retiree. The City will contribute not more
than $200.00 to the costs of refreshments for the reception, which will be held either in
conjunction with the presentation of the award at a City Council meeting, or at another date and
time to be determined upon consultation with the employee. The reception will be held at the city
hall.
3. Should an employee choose not to participate in a retirement reception, no compensation shall be
paid to the employee in lieu of the city contribution to the reception.
4. Retirement, for the purpose of this policy, shall be defined as meeting the qualifications for
retirement under the rules of the Minnesota Public Employee Retirement Association (PERA) or of
the Lake Elmo Firefighter Relief Association.
OTHER RECOGNITION PROGRAMS
1. The City of Lake Elmo recognizes that the Lake Elmo Firefighter Relief Association may provide
other awards and recognition to firefighters for their years of service or upon their retirement. The
recognition program may include awards or events that do not meet the criteria for proper
expenditure for public funds. No public funds shall be used for such programs, but the City
supports their establishment and funding by the Relief Association to the extent consistent with
the bylaws of the association and laws governing the use of such funds.
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2. The City may provide memorials, flowers, or other hospitalization gifts in an amount not to exceed
$100.00 upon the hospitalization (of at least three (3) nights) or death of any City employee,
council member or member of a City committee, commission or board.
3. The City of Lake Elmo, with coordination of the Environmental Committee, will recognize residents,
community groups and/or businesses with Environmental Stewardship Awards. Recognition will
include a certificate presented at a City Council meeting.
4. An annual event may be held to recognize the public service of City staff, Council members, and
members of City committees, commissions and boards. The event must be preapproved by the
City Council. An amount not to exceed $1000.00 will be provided for the annual event and must be
expended as necessary to achieve the objectives of the City’s Employee Recognition Policies.
Immediate family or significant others of City staff, Council members, or members of City
committees, commissions or boards may attend the annual recognition event at their own cost.
Expenditure of public funds to purchase alcohol for the annual recognition event shall not be
permitted.
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#245 EMPLOYEE EDUCATION AND 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.
The city will pay for the costs of an employee’s participation in training and attendance at professional
conferences, if 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 to maintain licensing or other professional accreditation will
not be eligible for payment under this policy unless the subject matter relates 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.
REQUESTS FOR 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.
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Upon separation of employment, individual memberships remain with the city and are transferred to
another employee by the supervisor when possible.
TRAVEL AND 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. In no
case will city funds be used to pay for, or reimburse, for events sponsored by or affiliated with political
parties. 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. The city will also not
reimburse employees for the costs for travel of family members.
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.
Expenses for meals, including sales tax and gratuity, will be reimbursed according to this policy. No
reimbursement will be made for alcoholic beverages. Meal expenses will be reimbursed at the GSA rate.
Employees must present itemized documentation with reimbursement requests.
A full reimbursement, over the maximum defined, may be authorized if a lower cost meal is not available
when attending banquets, training sessions, or meetings of professional organizations.
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#250 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. 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 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 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 outside employment.
• The employee must not violate any city personnel policies because 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 paid time off or compensatory time is not a violation of policy unless
that work creates the appearance of a conflict of interest.
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.
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#225 CITY DRIVING
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 workday 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.
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#256 CELLULAR PHONE USE
This policy is intended to define acceptable and unacceptable uses of city-issued cellular telephones. Its
application is to ensure cellular phone usage is consistent with the best interests of the city without
unnecessary restrictions 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.
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:
• 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.
• All employees are expected to follow applicable local, state, and federal laws and regulations
regarding the use of cellphones at all times. Employees whose job responsibilities include regular
or occasional driving and who are issued a cellphone for business use are expected to refrain from
using their phone while driving. Safety must come before all other concerns. Regardless of the
circumstances and in accordance with Minnesota law, employees are required to use hands-free
operations or pull off into a parking lot and safely stop the vehicle before placing or accepting a
call.
• Employees are encouraged to refrain from discussion of complicated or emotional matters and to
keep their eyes on the road while driving at all times. Special care should be taken in situations
where there is traffic or inclement weather, or the employee is driving in an unfamiliar area.
Hands-free equipment will be provided with city-issued phones to facilitate the provisions of this
policy.
• Reading/sending text messages, making or receiving phone calls, emailing, video calling,
scrolling/typing, accessing a webpage, or using non-navigation applications while driving is strictly
prohibited.
• In accordance with State law, there is an exception to hands free cell phone operations to obtain
emergency assistance to report a traffic accident, medical emergency or serious traffic hazard or
prevent a crime from being committed. There is also a state law exception for authorized
emergency vehicles while in the performance of official duties.
• Employees who are charged with traffic violations resulting from the use of their phone while
driving will be solely responsible for all liabilities that result from such actions. See above “City
Driving Policy” for more information on reporting driver’s license restrictions”.
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 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 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
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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 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 through reimbursement to the city based on actual cost listed on the city’s phone bill.
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.
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#257 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.
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.
REPORTING ACCIDENTS AND ILLNESSES
Both Minnesota workers’ compensation laws and the state and federal Occupational Safety and Health
Acts require that all on the job injuries and illnesses be reported as soon as possible by the employee, or
on behalf of the injured or ill employee, to his/her supervisor. The employee’s immediate supervisor is
required to complete a First Report of Injury and any other forms that may be necessary related to an injury
or illness on the job.
ACCESS TO GENDER SEGREGATED AREAS
With respect to all restrooms, locker rooms or changing facilities, employees will have access to facilities
that correspond to their affirmed gender identity, regardless of their sex at birth. In any gender-segregated
facility, any employee who is uncomfortable using a shared facility, regardless of the reason, will, upon the
employee’s request, be provided with an appropriate alternative. This may include, for example, addition
of a privacy partition or curtain, provision to use a nearby private restroom or office, or a separate
changing schedule. However, the city will not require a transgender or gender diverse employee to use a
separate, nonintegrated space, unless requested by the transgender or gender diverse employee, because
it may publicly identify or marginalize the employee as transgender.
Under no circumstances may employees be required to use sex-segregated facilities that are inconsistent
with their gender identity.
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#260 DRUG & ALCOHOL – FREE WORKPLACE
It is the policy of the City of Lake Elmo to maintain a drug and alcohol-free work environment that is safe
and productive for employees, its citizens, and others doing business with the City.
The unlawful use, possession, purchase, sale, or distribution of, or being under the influence of any illegal
drug or controlled substance while on City premises or while performing services for the City is strictly
prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and
may have legal consequences. The City of Lake Elmo also prohibits reporting to work or performing work
duties under the influence of alcohol and cannabis or consuming alcohol and cannabis while on duty or
during work hours. In addition, the City prohibits off-premises abuse of alcohol, cannabis, and controlled
substances, as well as the possession, use, or sale of illegal drugs, when these activities adversely affect job
performance, job safety, or the City’s reputation in the community.
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, alcohol- free, safe, and secure work
environment.
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 and may
contact the administrative services director for other resources.
THE CITY OF LAKE ELMO PROHIBITS THE FOLLOWING:
• No employee shall report to work under the influence of alcohol, cannabis, controlled Substances,
or other drugs which affect their alertness, coordination, reaction, response, judgment, decision-
making, or safety.
• No employee shall operate, use, or drive any equipment, machinery, or vehicle of the City while
under the influence of alcohol, cannabis, controlled substances or other mood-altering drugs. Such
employee is under an affirmative duty to immediately notify their supervisor that they are not in an
appropriate mental or physical condition to operate, use, or drive the City’s equipment or vehicles.
• No employee shall unlawfully manufacture, distribute, dispense, possess, transfer, or use a
controlled substance in the workplace or wherever the City’s work is being performed.
• Engaging in off-duty sale, purchase, transfer, use or possession of illegal drugs or controlled
substances may have a negative effect on an employee’s ability to perform their work for the City.
In such circumstances, the employee is subject to discipline.
• When an employee is taking medically authorized drugs or other substances which may alter job
performance, the employee is under an affirmative duty to notify the appropriate supervisor of their
temporary inability to perform the job duties of their position.
To ensure compliance with this policy, please refer to the City of Lake Elmo’s Drug, Alcohol, and
Cannabis Testing Policy for more information.
Notwithstanding any provision herein, this policy will be enforced at all times in accordance with applicable
state and local law. Any employee violating this policy is subject to discipline, up to and including
termination.
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.
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#261 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.
Possession or use of a dangerous weapon 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.
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#300 SEPARATION FROM SERVICE
VOLUNTARY RESIGNATIONS
Employees wishing to leave the city service in good standing must provide a written resignation notice to
their supervisor, at least ten (10) working days before leaving. The City requests but does not require
Exempt employees to give thirty (30) calendar days’ notice. The written resignation must state the effective
date of the employee’s resignation.
No more than two (2) leave days may be used during the employee’s notice period and cannot be used as
the last two days of employment. The employee’s last day of performing work (except when on an
approved leave of absence) will be considered the employee’s termination date.
The City reserves the right to accept some, all, or none of the employee’s notice and release an employee
before completing their notice period.
Unauthorized absences from work for a period of three consecutive workdays 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.
INVOLUNTARY TERMINATION
In accordance with the “at-will” status of all City Employees, the City retains the right to discharge an
employee with or without notice.
DEATH
Upon the death of an employee, separation pay (described below) is paid via direct deposit as required in
the Payroll and Compensation policy of this manual.
SEPARATION PAY
Upon separation of employment with the City, employees will be paid for all hours worked through the last
day of employment as well the dollar value of remaining earned and unused compensation and vacation
leave on their final paycheck, paid by direct deposit. The amount is determined by multiplying the
employee’s current hourly rate by the number of accrued but unused paid time off hours.
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#310 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 date at which the incident allegedly occurred, 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 (20) days after the alleged violation or dispute has occurred. The
supervisor will respond to the employee in writing within ten (10) days.
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 date at which the incident allegedly
occurred, 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 five
(5) days after the supervisor’s response is due. The city administrator or their designee will respond
to the employee in writing within ten (10) 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 based on 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:
• 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.
• Pay increases or lack thereof; and
• Merit pay awards.
The above list is not meant to be all-inclusive or exhaustive.
Communications
STAFF REPORT
DATE:12/09/25
WORKSHOP
TO: Mayor and Councilmembers
FROM: Kathie Smith, Communications Coordinator
AGENDA ITEM: City of Lake Elmo Strategic Communications Plan
CORE STRATEGIES:
☒ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services
☒ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future
☐ Managed Growth ☐ Resilient Infrastructure
BACKGROUND:
The City of Lake Elmo has not previously had a formal Communications Plan. As the
community continues to grow and public expectations for transparency, accessibility, and timely
information increase, it has become essential for the City to establish a structured approach to
communications. This Communications Plan has been developed to strengthen public
engagement, improve consistency across departments, and align communication practices with
organizational goals.
ISSUE BEFORE COUNCIL:
Presentation of the City of Lake Elmo Strategic Communications Plan to be officially brought
for approval at the December 16, 2025, City Council meeting.
PROPOSAL DETAILS/ANALYSIS:
The proposed Communications Plan presents a strategic framework for how the City
communicates with residents, businesses, partners, and media. It includes guiding principles,
communication goals, brand standards, messaging strategies, roles and responsibilities, and a
general structure for emergency communication.
The plan was developed through internal collaboration with City Administration, Fire, Public
Works, Community Development, and Finance. It addresses current communication
tools—including the website, social media, newsletters, and public meetings.
Adopting this plan will help standardize communication practices, improve information flow
both internally and externally, and ensure that staff and elected officials share a common
approach to delivering accurate, timely, and valuable information to the public
ATTACHMENTS:
Strategic Communications Plan
Public Profile
Public Profile
Public Profile
Why Does the City Need Communications?
City municipalities need effective communication to
communicate clearly, consistently, and effectively with
residents, businesses, and community partners.
Effective communication with the City fosters trust and
transparency, encourages public engagement, and ensures
that messages are accurate and coordinated across all
departments.
Municipal Communications Components
An Effective Municipal Communications Department should consist of the following components to
keep residents informed, engaged, and connected.
Public Information & Transparency
Strategic Planning
Media / PR
Digital Communications & Website
Social Media
Internal Communications
Marketing & Branding
Communications Plan
Lake Elmo Communications Plan Overview
Mission Statement: The mission of the City of Lake Elmo is to provide planned, quality public
services consistent with the City’s character in a fiscally responsible manner in partnership with
our community.
We are guided by the strategic initiatives adopted in January 2025, primarily to build a vibrant,
inclusive, and connected community through celebration, engagement, and shared spaces, while
also delivering efficient, reliable, and innovative communications with transparency.
•Communications Department Roles and Responsibilities
•Tools and Communication Channels
•Social Media
•Measuring Success
•ADA Web Accessibility
Lake Elmo’s
Communication
Plan 01 Builds Trust
03 Ensures Consistency .
.
02Enhances Engagement
04Strengthens the City’s Reputation
Communications Planning
Annual Planning Calendar Guides Communication throughout our media channels
Website
Lakeelmo.gov
WCAG 2.2
Web Content
Accessibility
Guidelines 2.2
.
Web Content Accessibility Guidelines 2.2, Part of ADA
(Americans with Disabilities Act) Title II, defines how to make
web content more accessible to people with disabilities. WCAG
is based on four principles of web accessibility: perceivable,
operable, understandable, and robust.
Accessibility involves accommodating for a wide range of
disabilities, including visual, auditory, physical, speech,
cognitive, language, learning, and neurological disabilities.
Compliance with these ADA rules extends to local, state, and
federal government municipalities and has compliance
deadlines broken down by population.
For Cities with 49,999 or more residents, compliance with all
web content must be completed by April 2026. For cities with
populations under 49,999, compliance must be completed by
April 2027.
As a small city, our deadline has been extended to 2027;
however, all municipalities must begin to show proof of
progress towards compliance now.
WCAG 2.2
Web Content
Accessibility
Guidelines 2.2 Examples of criteria and techniques required to meet
these guidelines:
•Text Alternatives
•Time -Based Media (audio and video)
•Captions
•Meaningful sequence (hierarchy) for documents,
PowerPoint presentations, and PDFS
•Use of Color and contrast
•Text Size
•Images
•Etc.
WCAG 2.2
Web Content
Accessibility
Guidelines 2.2 -
Examples
Google Analytics
Here’s a report snapshot of how our website is being viewed by visitors. (November 2025)
Report Snapshot for November
Google Analytics
Page Views in November
Publications
The City of Lake Elmo publishes both external
and internal newsletters, sharing stories with
residents and employees.
•The Fresh
•The Source
•The Loop
•Lake Elmo Water Brochure
Social Media
Measuring Our Social Messaging
Data tracking sentence here
1.Are there any specific things you feel are
missing from our communications plan?
2.Do you have any modifications or additions
you would like to see on the website?
3.What are any projects you would like the
communications team to work on in 2026?
4.Council Feedback.
Questions?
STAFF REPORT
DATE: 12/9/2025
Workshop
TO: Lake Elmo City Council
FROM: Sophia Jensen, Senior City Planner
AGENDA ITEM: Public Hearing Notice and Process - Discussion
REVIEWED BY: Jason Stopa, Community Development Director
Nicole Miller, City Administrator
CORE STRATEGIES:
☐ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services
☒ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future
☐ Managed Growth ☐ Resilient Infrastructure
BACKGROUND:
The Planning Commission expressed interest in reviewing the City’s public hearing process and discussed
increasing the mailing distances for rural land use applications at the 2025 Joint Workshop. In the past,
there has been feedback from residents that the public hearing notice process could be improved to provide
additional transparency and accessibility.
The City currently follows State Statute and send a mailed notice to property owners within 350’ of the
area of interest for a land use application and publishes the notice at least 10 days prior to the public hearing
in the City’s official paper, the Stillwater Gazette.
City Staff reviewed neighboring Cities and their process. Hugo, Stillwater, and Waconia all follow a similar
process as Lake Elmo (same as state statute). Lakeville, Oakdale, and Cottage Grove all have set mailing
distances of 500’ in addition to the paper publication. Forest Lake and Minnestrista adjust the mailing
distances based on the type of application and/or the zoning in addition to the paper publication.
City Staff also contacted the City Attorney for a legal opinion on proposed changes. The City Attorney
expressed concerns with the idea of expanding mailing distances for only rural applications because it
creates inconsistencies and may lead to future conflicts. The City Attorney advised the City maintain a
consistent mailing distance for all zoning districts and land use applications.
Since conducting research, City Staff has expanded the language on the public hearing mailer to include
pathways on how to find the packet information and additional details about said proposal and processes.
ISSUE BEFORE COUNCIL:
Does the City Council want to change the Public Hearing Notice (PHN) process and/or mailing distances?
AND
Does the City Council want to add public hearing notices as push notifications on the City Website?
FISCAL IMPACT:
Staff anticipates additional postage expense if mailing distances are increased.
OPTIONS:
• Direct Staff bring forward a text amendment to the public hearing notice regulations; or
• Direct Staff to leave the public hearing notices regulations as is.
AND
• Direct Staff to add push notifications on the City Website for public hearings; or
• Direct Staff not to add push notifications on the City website for public hearings.
RECOMMENDATION:
Staff and the City Attorney have reviewed the request and recommend leaving the process and mailing
distances as-is.
ATTACHMENTS:
• Comparison Table of Adjacent Cities
• Current Public Hearing Notice Template
City PHN Mailing Requirement Code Section Links
Lake Elmo mailed notice 350' of subject property and 10 days paper notice in stillwater gazette Numerous
Hugo
Mail to property owners within 300' of the subject property, at least 10 days prior to the hearing
date. When an amendment involves changes in district boundaries affecting an area of five
acres or less, a similar notice shall be mailed at least ten days prior to each owner of affected
property and property situated within 350 feet of the subject property. Notices published in
"official newspaper of the city" at least 10 days prior to hearing.
90-43
Forest Lake
Publish in official newspaper 10 days prior to hearing. Mail notice to property owners within 350
ft of affected property (all). This distance is increased to 1,000 feet for sites in the Conservancy,
Rural Residential and Agricultural zoning districts (zoning ordinace/amendments, CUPs, PUD)
CHAPTER 153: ZONING CODE
Stillwater
Publish in official newspaper at least 10 days before. Mail to properties w/i 350 ft of subject
property (Variances, CUPs, IUPs, etc.). Notify affected properties (abutting street, being
assessed) for street vacations, assessments, etc.
Sec 28-60
Cottage
Grove
Publish in official newspaper & mail to properties w/i 500 ft of subject property at least 10 days
before § 11-2-3: PUBLIC HEARINGS:
Oakdale
Publish in official newspaper (Pioneer Press), City website, & mail to properties w/i 500 ft of
subject property at least 10 days before. Try to get notice out at least 2 weeks prior to meeting.
For variances, will attach a site plan to notice.
Sec 25-33, 25-35, & others
Minnetrista
Publish in official newspaper & mail to properties w/i 500 ft of subject property at least 10 days
before. When the property affected is larger than ten acres, the city council may waive the
requirement of mailed notice, but if notice is waived, then said notice must be published at
least twice in the official newspaper. In the case of rezoning to PUD or IUP, the notice distance
is increased to 1500 ft
505.05
Lakeville Publish in official newspaper & mail to properties w/i 500 ft of subject property at least 10 days
before Sec 11-4-3 & Others
Waconia Publish in official newspaper (Waconia Patriot) & mail to properties w/i 350 ft of subject
property at least 10 days before. Post a hardcopy notice in City Hall & City website Sec. 900.11
State
Statute
Publish in official newspaper 10 days prior to hearing. Mail notice to property owners within
350 ft of affected property owners.Sec. 462.357 MN Statutes;
PHN Review
Please note that if the meeting runs past 10:00 p.m., the remaining items may be continued to the next available meeting date.
NOTICE OF A PUBLIC HEARING
DATE: DATE
MEETING: Planning Commission
TIME: 6:30 p.m.
PLACE: Lake Elmo City Hall
3880 Laverne Avenue North
Lake Elmo MN 55042
PUBLIC HEARING: The Lake Elmo Planning Commission will be holding a public hearing to consider the
following item:
a) APPLICATION TYPE/PROJECT NAME. ITEM DESCRIPTION
ADDITIONAL INFORMATION: The Planning Commission agenda and packet items relating to this application
will be made available prior to the meeting online at: www.lakeelmo.gov > Government Tab > Agendas &
Minutes Tab > Planning Commission Drop Down Tab
The Planning Commission will make a recommendation regarding the proposal to the City Council for
consideration at a subsequent meeting date at City Hall.
WAYS TO COMMENT:
• In Person – The public is welcome to attend in person to speak at the meeting.
• Written – Handwritten comments may be submitted to the City by mail no later than 5:00 p.m. the
Wednesday before the meeting; or emailed to Sophia Jensen at sjensen@lakeelmo.gov no later than
noon on the day of the meeting.
QUESTIONS: Please contact Senior City Planner, Sophia Jensen, if you have any questions.
SHARE THE NOTICE: The list of affected property owners for this meeting is derived from official records of
the Washington County Recorder and sent to property owners within 350’ of the subject property in
accordance with State Statute. Because of the lag time between occupancy and record keeping, or because
of rental situations, some property owners may have been missed. Please feel free to notify your neighbors
about this meeting so all may have the opportunity to provide the City with their comments.
This letter dated the XX day of XXX 2025
Sophia Jensen, Senior City Planner
651-747-3911 or sjensen@lakeelmo.gov
Public Hearings – Notice and Process Discussion
Council Workshop | December 2nd, 2025
Background
The Planning Commission discussed increasing mailing distances for rural residents and
adding public hearing notices as a push notification with the new website at the 2025 Joint
Workshop with Council.
Staff has also received feedback from residents requesting the notice be more accessible.
City Staff contacted the City Attorney for an opinion on the process change. The City Attorney
advised we maintain a consistent distance to avoid any potential oversight or conflict in the
future.
At this time, City Staff has expanded the content of the public hearing notice letter and
conducted research into the process of other cities.
Other Cities
City Regulations
(State Statute)
Lake Elmo
Hugo
Stillwater
Waconia
Mailed notice 350’ of subject property and
publication in official paper at least 10 days prior to meeting.
Lakeville
Cottage Grove
Oakdale
Mailed notice 500’ of subject property and publication in official paper at
least 10 days prior to meeting.
Forest Lake
Minnestrista
Adjust mailings based on application type or land use zoning. Publication at
least 10 days prior to meeting.
Options
1.Direct Staff bring forward a text amendment to the public hearing notice regulations.
2.Direct Staff to leave the public hearing notices regulations as is.
AND
1.Direct Staff to add push notifications on the City Website for public hearings.
2.Direct Staff not to add push notifications on the City website for public hearings.
Questions for the Council
•Does the City Council want to add PHNs as an optional push
notification on the City Website?
•Does the City Council want to change the PHN process or mailing
distances?
STAFF REPORT
DATE:December 9, 2025
DISCUSSION
TO: Mayor and Councilmembers
FROM: Nicole Miller, City Administrator
AGENDA ITEM: 2026 Legislative Priorities for Lake Elmo
CORE STRATEGIES:
☒ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services
☒ Responsive, transparent, adaptive governance ☒ Balanced Finances now and future
☒ Managed Growth ☒ Resilient Infrastructure
BACKGROUND: As we prepare for the upcoming state legislative session, staff would like to ensure we
are aligned with the City Council’s priorities and expectations for legislative engagement. Staff is
requesting your guidance on any specific legislative issues, bills or policy areas you would like us to
provide input on. Following this discussion staff will begin to create a handout for representatives, laying
out Lake Elmos priorities and why they are important to Lake Elmo and setting up meetings with them.
Your direction will clarify resources needed to reflect your position and priorities for the upcoming
session.
ISSUE BEFORE COUNCIL: The 2026 legislative session will begin February 17, 2026. Some
questions to aid the discussion are as follows:
Does the council wish to focus on Lake Elmo specific issues, east metro focused issues, or statewide
priorities?
Does the council wish to duplicate advocating efforts that other organizations are doing?
What specific issues would you like us to discuss with our state representatives?
Do any council members wish to participate in meetings with staff and our representatives?
Do we want to send staff/council to City Day on the Hill in early March?
PROPOSAL DETAILS/ANALYSIS: The League of Minnesota Cities (LMC) hosts policy committee
meetings every summer to identify emerging municipal issues across the state as well as draft positions for
the upcoming legislative session. The LMC staff then brings a set of legislative priorities for the League
Board of Directors to adopt and for league staff to advocate for during the upcoming session. The board
approved the LMC 2026 Cities Policies on November 6, 2025.
Metro Cities represent cities in the seven-county metropolitan area. The 2026 Metro Cities Legislative
Policies were approved by the Metro Cities Board of Directors on October 9, 2025. The Metro Cities
membership also adopted these policies on November 20, 2025. Metro Cities will officially adopt their
legislative priorities in December and staff will lobby for these at the upcoming session.
Staff have identified a few issues for council to consider. These issues come from professional
associations and other organizations we are affiliated with.
County Hwy 10, 17 and 17B Intersection Improvements-pedestrian safety and connectivity at the
intersection by new Lake Elmo Elementary School.-Included in Washington County’s legislative
priorities.
Inclusionary Housing-included in LMC and Metro Cities legislative priorities.
Manufactured Home residents Bill of Rights
City Franchise Authority-Included in LMC and Metro Cities legislative priorities.
Administrative Fines for Code Violations-included in LMC and Metro Cities legislative priorities.
East Metro Public Safety Training Facility Bonding Request (Included in City of Maplewood
Bonding request)- ¬As a JPA member, the Lake Elmo Fire Department supports Maplewood
Public Safety and their bonding request to design improvements to the current training facility.
Upgrading the training facility will allow for a wide range of more realistic simulators and
training props.
OPPOSE SINGLE-WAY-OUT LEGISLATION THAT THREATENS SAFETY-included in
Minnesota Fire Association Coalition legislative agenda (attached)
MNFAC strongly opposes changes, through legislation or the rulemaking process, to single-
egress stairway requirements that jeopardize the safety of Minnesotans or compromise the ability
for the fire service to adequately respond to fires and other emergency situations. MNFAC
supports a collaborative approach that engages state agency professionals and industry experts in
creating, writing, and preserving codes and rules that ensure safety and security for all
Minnesotans.
OPPOSE THREATS TO BUILDING CODE, SPRINKLERS AND LOCAL CONTROL-included
in Minnesota Fire Association Coalition legislative agenda (attached)
We remain opposed to any attempts to remove or alter building codes and regulations that ensure
residential safety. We will continue to monitor proposed group home and assisted living
legislation impacting fire safety and access to vulnerable residents. MNFAC also continues to
oppose any efforts to statutorily limit the use of residential sprinklers, which save lives in a cost-
effective way, and efforts to limit local governments from enacting requirements beyond the State
Building Code. We support the preservation of local decision making authority that allows local
governments to best protect their communities.
Ask for Judge Marrinan’s ruling in 2017 to be negated and Lake Elmo removed from its
findings.-seek assistance from Jim Thomson formulating our ask.
ATTACHMENTS:
East Metro Public Safety Training Facility Bonding Request
2026 Legislative Agenda MNFAC
2026 Legislative Agenda
Minnesota Fire Association Coalition
PROTECT THE FIRE SAFETY ACCOUNT
Please contact us if you have any questions:Chief BJ Jungmann, Legislative Chair at legislative@msfca.org
PROTECT FIREFIGHTER PENSIONS
The Fire Safety Account is the primary statewide funding source for fire service training and education in Minnesota. This account is
funded by a surcharge on homeowner and commercial fire insurance policies and is used to fund essential training, education, and pro-
gramming for fire departments across the state including the State Fire Marshal’s office, the Minnesota Board of Firefighter Training and
Education (MBFTE), and the Statewide Response Teams, including Hazardous Materials Teams, Task Force 1 Structural Collapse Team,
and the Air Rescue team. MNFAC remains deeply opposed to any attempts to use the Fire Safety Account for uses other than its current
statutory designations.
Pensions remain an important recruiting and retention tool for fire departments across the state. MNFAC representatives participate in
regular, ongoing work groups including the Volunteer Fire Relief Association Working Group that is facilitated by the State Auditor. MNFAC
will also continue to engage with the Legislative Commission on Retirement and Pensions and its staff and will closely monitor, and
provide feedback on, any proposals to change firefighter pensions.
Current law regarding line of duty death benefit eligibility for public safety officers specifies that fulltime and volunteer firefighters are
eligible for the benefit. The 2024 omnibus pensions bill established definitions for the various firefighting definitions, including full-time,
part-time, paid on-call, and volunteer firefighters. MNFAC supports legislation that would specifically include part-time and paid on-call
firefighters in the eligibility for line of duty death benefits.
CLARIFY ELIGIBILITY FOR LINE OF DUTY DEATH BENEFITS
OPPOSE SINGLE-WAY-OUT LEGISLATION THAT THREATENS SAFETY
OPPOSE THREATS TO BUILDING CODE, SPRINKLERS AND LOCAL CONTROL
Please contact us if you have any questions:Chief BJ Jungmann, Legislative Chair at legislative@msfca.org
The 2024 legislative session resulted in a requirement for the Department of Labor and Industry to create a Single-Egress Stairway
Apartment Building Report, which must consult the Minnesota Fire Chiefs Association and the Fire Marshals Association of Minnesota
along with other groups. This Technical Advisory Group met twice during 2025 and the study must be completed by December 31,
2025. MNFAC strongly opposes changes, through legislation or the rulemaking process, to single-egress stairway requirements that
jeopardize the safety of Minnesotans or compromise the ability for the fire service to adequately respond to fires and other emergency
situations. MNFAC supports a collaborative approach that engages state agency professionals and industry experts in creating, writing,
and preserving codes and rules that ensure safety and security for all Minnesotans.
MNFAC is deeply committed to ensuring Minnesotans are safe in their homes. We remain opposed to any attempts to remove or alter
building codes and regulations that ensure residential safety. We will continue to monitor proposed group home and assisted living
legislation impacting fire safety and access to vulnerable residents. MNFAC also continues to oppose any efforts to statutorily limit the
use of residential sprinklers, which save lives in a cost-effective way, and efforts to limit local governments from enacting requirements
beyond the State Building Code. We support the preservation of local decision making authority that allows local governments to best
protect their communities.
Under current law, Paid Family and Medical Leave requirements apply to paid on-call and volunteer firefighters. This is anticipated to
create numerous administrative challenges and was not a program designed to fit the unique nature of volunteer firefighting roles. Similar
to the exemption established during the 2024 legislative session for Earned Sick and Safe Time, MNFAC supports clarifying the PFML
law to exempt paid on-call and volunteer firefighters from the requirements of the law.
CLARIFY PAID FAMILY AND MEDICAL LEAVE REQUIREMENTS
EMERGENCY MEDICAL SERVICES (EMS) LOCAL CONTROL
In February 2022, the Office of the Legislative Auditor released a report that found serious deficiencies with both the management of the
EMSRB and the current ambulance service license process. In response, the 2024 legislature passed a law to transition the EMSRB into
a new Office of Emergency Medical Services. As part of this office, MNFAC and its associations are allowed certain appointments on the
various advisory councils to guide the office. MNFAC will continue to be engaged with the OEMS and relevant stakeholders of emergency
medical services. MNFAC supports the ability of local governments to set standards for EMS services in their communities. If current
providers are not meeting those metrics, MNFAC supports legislation that allows local governments to find another provider that can.
OPPOSE EXPANSION OF FIREWORKS
Please contact us if you have any questions:Chief BJ Jungmann, Legislative Chair at legislative@msfca.org
We continue to strongly oppose the expansion of legal fireworks in Minnesota. Fireworks cause injury and pose serious fire risk. In the
last two years, fireworks have been dangerously misused during civil unrest and in other criminal ways. Fire damage from fireworks
totaled over $2 million in both 2020 and 2021, the highest property losses in at least ten years. Minnesota fireworks injuries also remain
at concerning levels and even resulted in the death of one teen in 2022.
Lithium-ion batteries supply power to many kinds of devices, but if not properly handled can catch on fire or explode. MNFAC wants to
ensure that firefighter training, fire suppression methods and fire codes are modernized as needed to reflect the inability of traditional
firefighting techniques to adequately extinguish fires caused by electric vehicle batteries. Any legislation impacting the use or disposal of
lithium-ion batteries, including requirements for EV charging stations and other similar infrastructure, should be vetted with the input of
MNFAC and the understanding of risks associated with the batteries, including thermal runaway, stranded energy, deep seated fires, and
the generation of toxic and flammable gases.
LITHIUM-ION BATTERY SAFETY
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Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
MEMORANDUM
TO:Nicole Miller
FROM:Sarah Sonsalla, City Attorney
DATE:December 9, 2025
RE:Social Media Use Considerations for City Council and Commission Members
This memo provides information for City Council and commission members to keep in mind when using
social media.City Council and commission members are not City employees and are therefore not
required to follow the City’s Social Media Policy,so the purpose of this memo is to provide some best
practices and information on potential legal issues that City Council and commission members should
keep in mind when using social media.
OPEN MEETING LAW & DATA PRACTICES ACT CONSIDERATIONS
Be careful not to create a meeting.A “meeting”is a quorum or more of public officials,where they
discuss,decide,or receive information as a group on issues relating to the official business of that
governing body.i Minnesota law provides that an elected or appointed official’s use of social media
does not violate the Open Meeting Law so long as the social media use is limited to exchanges with
all members of the general public.ii Therefore,in order to avoid any potential violations of the Open
Meeting Law,if an elected or appointed official is going to make a social media post about anything
related to City business,it should be done in a location which is open to the general public and not on
social media pages that are not open to the general public.
Private messages and social media posts by elected and appointed officials about City business are
subject to the Data Practices Act.The Data Practices Office has clarified that a city is not responsible
for maintaining the data created by an elected or appointed official on social media accounts that are
not run by the city.iii However,this does not mean that communications on social media will not be
subject to a Data Practices request.Just like private text messages or emails,if social media is being
used to discuss City business,the messages or posts are subject to the Data Practices Act and will
need to be produced.
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FIRST AMENDMENT ISSUES
Elected and appointed officials are afforded the same freedom of speech First Amendment rights as
every American,but there are times when an elected or an appointed official must act in certain ways
to ensure that everyone has the same ability to participate in discussions with that elected official.
For example,using social media to discuss City business could mean that an elected or appointed
official has created a “public forum”,similar to the public comments/inquiries portion of a city council
meeting, and therefore, cannot delete comments or block users from seeing what the official posts.
BEST PRACTICES
General Considerations –The fact of the matter is that elected and appointed officials will be held
accountable for what they say on social media.Posts in private groups may still become public and
deleted posts may be saved by others.Whether in the judicial system or in the court of public opinion,
what is said online can have far reaching consequences that impact local decision making as well as
state law and the Constitution of the United States.
Do No Mix Official with Personal –Establish dedicated accounts,or dedicated pages or subgroups for
platforms which only allows one account per user,for any content related to actions or work as an
elected or an appointed official. This will prevent a personal account from becoming a public forum.
Do Not Prematurely Discuss Official City Business –Elected or appointed officials should avoid stating
their positions or expressing their opinions on an item that will or may be before a commission or the
City Council prior to its consideration at a meeting.These statements could cause a number of issues
including potentially violating the Open Meeting Law,influencing the actions of other officials prior
to an official decision being made,or boxing an official into an opinion without first receiving all of
the facts.
Keep It Civil –The court of public opinion is important to consider.Posts might not be interpreted the
same way when in writing and not said aloud.The League of Minnesota Cities published an article in
which it advises against posting “controversial”content including racist or sexist content;political or
partisan content trashing an opponent;language disparaging immigrants;references to violence;
jokes about serious or tragic events;threats to city staff;and content that may create questions about
Open Meeting Law violations. iv
Consider Equity and Access Issues –Not everyone has access to social media.There are age,ability,
and socioeconomic factors that impact a person’s ability to access social media.For example,the
elderly may not know how use social media,certain platforms may not be accessible for individuals
with certain disabilities,and not everyone has a smartphone or reliable access to the Internet.These
factors make social media a less than ideal way to communicate to a broad audience and make the
discussion on City business open to all members of the public.
Consider Attending Social Media Training –Elected and appointed officials may want to consider
attending a social media training session.The League of Minnesota Cities offers an on-demand online
training,Social Media for Elected Officials:Best Practices and Legal Issues,which can be found at the
following web address:https://www.lmc.org/learning-events/learnings/social-media-elected-
officials/.
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i Moberg v. Independent School District No. 281, 336 N.W.2d 510, 518 (Minn. 1983)
ii Minnesota Statutes Section 13D.065
iii Minnesota Data Practices Office Advisory Opinion 19-001
Social
Media
Guidelines
for City
Council
Members
Navigating Transparency, Ethics,
and the Law
Presented By: Sarah Sonsalla
Date: December 9, 2025
Social Media is Powerful
◦Right now, people are
turning to alternative
sources of news more than
ever before
◦53% of U.S. adults say they
at least sometimes get
news from social media.
◦A single post can spark a
worldwide movementFrom the NYT: How a Pledge to Dismantle the Minneapolis Police Collapsed
When a majority of City Council members promised to “end policing as we know it” after George Floyd’s killing,
they became a case study in how idealistic calls for structural change can falter due to a combination of internal
disagreements, a lack of a concrete plan, shifting public opinion, and the amplifying and sometimes misinforming
dynamics of social media.
And…you will reach residents
•As of 2025, social networking sites are estimated to have 5.66 billion
users worldwide (68.7 percent of the total global population) and these
number constantly change.
•For example, depending on the study, Facebook holds the #1 place as the
top social media network with over 3.07 billion monthly active users.
•Instagram is also widely popular and has reached 3 billion active users.
•Whether Facebook, Instagram, or other social media, Americans are
contacting government officials or are speaking out in a public forum
through online methods.
Lots of potential legal liability!
•First Amendment Violations
•When a council member uses an account for official government business, it is
considered a public forum.
•Blocking users and deleting comments based on their viewpoint or
because they are critical of the council member or the City violates
constituents’ free speech rights.
•Employee speech
•Copyright - do not use copyrighted materials (images, videos, documents)
with the express permission and credit from the owner.
•Data Practices, Record Retention, Archiving, Open Meeting Law
•Not to mention….
•Public Relations issues
How to
Respond
to Posts
When a comment on social media is negative:
•Be clear and factual
•Address the problem and the City’s
response to it
•Do not engage in a back-and-forth debate
•Refer to external data sources in your
comments
•Avoid knee jerk posting
When a comment is positive:
•Thank them and be personable
•Link to other positive and relevant stories
Be aware that “liking”, sharing, or commenting
on a post could be perceived as an official
endorsement by the City or the City Council.
Personal
Social
Media
Page
Tips
Don’t tie personal social media accounts to a City positionDon’t tie
Remind that public may be able to see it – even if not a City accountRemind
Suggest using disclaimer “Not speaking for the City” when talking about any City businessSuggest
Be honest and accurate. Quickly correct any factual errors.Be
Promote constructive dialogue. Avoid personal attacks,
undignified remarks, or discourteous comments that lack respect for others.Promote
Data Practices Implications
•Starting Point: Social media may be
government data if the content involves City
business and is posted by a City official or
employee
•Vast majority of social media posts and
comments are public data, SO……
•The City is responsible for responding to
requests for social media data
Data Practices Takeaways
•If you have it, you need to disclose it!
•The more you have, the more you will need
to search!
•Watch out for private or confidential data on
social media, such as:
•Personnel Data
•Law Enforcement Data
Any
questions?
Date Type Due date for
packet Order Agenda Section Agenda item
12/16/2025 CC Meeting 12/9/25 Presentation Donation from Lake Elmo Jaycees
Consent Agenda Approve Massage Therapy License Renewals
Consent Agenda 2026 Personnel Policies
Consent Agenda Approve EDA Workplan
Consent Agenda Accept donation from Lake Elmo Jaycees
Consent Agenda Well 2 O&M grant award
Regular 2026 Budgets & Levies
Regular 2026 - 2035 CIP
Regular 2026 Fee Schedule
Regular Agenda Approve Municipal Consent Hwy 36/Lake Elmo Ave improvements
Regular Agenda Approve Extended Contractor Working Hours-Hwy 36/LE Ave project
1/6/2026 CC Meeting 12/30/25 Consent Agenda Designate Official Depositories of Funds
Consent Agenda Designate Official Publication Newspaper of Record
Consent Agenda Adopt Resolution Designating Data Practice Officials and Approving City’s Data Practice Policy
Consent Agenda Designate Authority for EFT Payments
Consent Agenda Appoint City Attorney (Civil and Prosecution)
Regular Agenda Appoint Acting Mayor
Regular agenda Ramsey Washington Cable Commission Appointment
Regular agenda Council School Liaison Appointment
Consent Agenda Appoint City Engineer
Regular Agenda 2026 Street & Utility - Final plans and authorize advertisement for bids
1/13/2026 CC Workshop 1/6/26 Discussion Obstructions in ROW
Presentation Broadband Franchise presentation by Michael Bradley
Discussion Joint Planning Commission and City Council Workshop
Discussion Joint Parks Commission and City Council Workshop
1/20/2026 CC Meeting 1/13/2026 Regular Agenda Green Steps/Gold Leaf Presentation with Kristin Mroz (Pending)
Consent Agenda 4th Quarter Dashboards and Financials
Regular Agenda 4th Quarter Goals Update
Regular Agenda Approve Cooperative Cost Share and Cooperative Maintenance agreements for Hwy 36/LE Ave
2/3/2026 CC Meeting 1/27/26 Consent Agenda 2026 Planning Commission Work Plan
Consent Agenda 2026 Parks Commission Work Plan
2/10/2026 CC Workshop 2/3/26 Discussion Sidewalk/Trail snow removal ordinance-continued from 5/6
Discussion Lake Elmo-No wake
*Please note: This list is subject to change*
2/17/2026 CC Meeting 2/10/26 Regular Agenda 2026 Street & Utility - Accept Bids and Award Contract
3/3/2026 CC Meeting 2/24/26
3/10/2026 CC Workshop 3/3/26
3/17/2025 CC Meeting 3/10/26