Agenda Packets - 2010/12/13 - Laserfiche WebLink

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Item 07I December 13, 2010 Page 2 Revision #2. The League of MN Cities also suggested that the City consider changing the Personnel Manual to reflect an “at will” employment environment rather than “just cause,” as it would relate to discipline. (This has been discussed and revised by the Council in the past.) With most employees covered by labor agreements, it would not seem worthwhile or overly beneficial to change the Personnel Manual in this regard, however a related change is needed regarding probationary employees. Section 1.05 of the Manual relates to discipline, and the following is stated regarding probationary employees: Disciplinary action for just cause may be handled as deemed appropriate by the City. This policy does not apply to new probationary employees. New probationary employees may be disciplined, at any time, for any reason, which does not violate the law, subject to the rights of veterans. The second sentence is underlined for emphasis. Later in the Personnel Manual, in Section 1.37 which references Probationary Periods, conflicting language is present regarding probationary employees: New, probationary employees may be terminated by the City with cause at any time, subject to the right of veterans. To be consistent, both sections should be revised—Section 1.05 to include a reference to termination, and Section 1.37, to change “with cause” to “with or without cause”. Revision #3. Finally, in Section 1.05, the Progressive Discipline policy is articulated, with “termination” being the final step, naturally. The language, however, seems more indicative of a Council / Manager type of government than Mounds View’s Council / Administrator format. The introductory paragraph under “terminations” reads as follows: The City Administrator, or the Department Head with the concurrence of the City Council, may terminate an employee. The City Administrator does not have this authority, and most certainly a department head does not have this authority (with the exception of temporary/seasonal employees). The City Code, in Section 106.03, Subd 1b(9) indicates that the administrator provides advice to the Council regarding dismissals: Advise the Council in decisions affecting the employment or removal of Department heads and appointed officials. The above passage however is unclear regarding whose decision the removal is—the Council’s or the Administrator’s. Historically, this action has been the domain of the Council. If the City Council were to interpret the above passage to mean that the administrator is simply required to keep the Council “advised” when he/she terminates an employee, then the Personnel Manual would not need to be changed.