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MEMORANDUM <br /> DATE: December 3, 1999 <br /> TO: Mounds View City Council <br /> FROM: Karen E. Carlson <br /> Attorney at Law <br /> Kennedy& Graven, Chartered <br /> RE: Mounds View Personnel Policy <br /> Pursuant to a request from Mr. Scott Riggs of Kennedy & Graven, Chartered, and as noted in his <br /> previous discussions with you and City staff, I have made a substantive review of the City of <br /> Mounds View's proposed Personnel Policy. This memo contains my comments and <br /> recommendations,many of which are policy decisions for the City Council. <br /> 1) INTRODUCTORY INFORMATION: <br /> The policy should include an effective date, which should be on the title page or somewhere <br /> near the beginning of the policy. In addition, there should be a statement at the beginning of <br /> the policy that this personnel policy supercedes all previous personnel policies. <br /> 2) FOR-CAUSE DISCIPLINE AND DISCHARGE: <br /> It is my understanding that the council does not want employment with the City to be at will. <br /> Therefore, all references to at will employment have been removed. This means that the <br /> Personnel Policy may be construed as a contract of employment, and the procedures <br /> established in the policy regarding discipline and termination of employment must be <br /> followed. In other words, employees may not be disciplined or terminated except in <br /> accordance with the terms of the policy. <br /> 3) SECTION 1.07—DISCRIMINATION POLICIES: <br /> a) Subparagraph A, which addresses the Americans with Disabilities Act (ADA), contains a <br /> number of references to non-employees, including a grievance procedure for non- <br /> employees. Although the City is required to comply with the ADA in providing services <br /> to the public, such policies are beyond the scope of the City's Personnel Policy. I <br /> recommend removing references to non-employees and rewriting subparagraph A to <br /> apply to employees only. <br /> b) Subparagraph B sets out the City's AIDS policy. Such a policy is not prohibited, but it is <br /> not legally required either. Issues involving individuals afflicted with AIDS would likely <br /> arise under the ADA, which is already covered in subparagraph A. <br /> CARLSK-172664v1 1 <br /> MU210-18 <br />