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HomeMy WebLinkAboutAgenda Packets - 2011/05/02 CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, May 2, 2011 7:00 p.m. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. Agenda Items Discussed by Consensus 1. Discussion with Ramsey County Commissioners Bennett and Parker 2. Mounds View Safety and Health Program – Presentation by the Safety Committee 3. Bloodborne Pathogen Policy 4. Consumption and Display Permit (502.03 subd. 5 of City’s Liquor Code) 5. Discuss Employee Appreciation Luncheon and Employee Milestone Gift Certificates. 6. Review Section 4 and Section 5 of the Personnel Manual relating to Separations and Definitions, respectively 7. Discuss Need for an Emergency Ordinance adopting a Moratorium on New Tobacco Licenses Next Work Session: Monday, June 6, 2011, at 7pm Next City Council Meeting: Monday, May 9, 2011, at 7pm Item No: 2 Meeting Date: May 2, 2011 Type of Business: Work Session Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Don Peterson, Public Works Supervisor Desaree Crane, Assistant City Administrator Item Title/Subject: Safety and Health Program Introduction: In 2009, a consultant from the Occupational Safety and Health Administration (OSHA) conducted a consultation audit/inspection of the Public Works facilities. During this inspection, OSHA required that that the City form a Safety Committee that meets on a monthly basis. Further, OSHA also required that the City adopt a Safety and Health Program, which outlines the City and employee responsibilities in ensuring workplace safety. Discussion: After receiving the audit results in 2009, the City immediately formed a Safety Committee. Members of this committee include Don Peterson (PW Supervisor), Desaree Crane (Assistant City Administrator), Officer Kirk Leitch (MVPD), Jeremiah Anderson (Housing Inspector/Code Enforcement), and Nate Behlen (PW Maintenance). In early 2010, the Safety Committee started work on the Safety and Health Program Policy. With the assistance of the League of Minnesota Cities, the Safety Committee drafted a Safety and Health Program Policy (attached) for the City Council’s review. This attached policy will need formal adoption by the City Council at a future City Council Meeting. Please review the attached draft policy. Don Peterson and I will be presenting this item and answer any questions you may have about this policy. Formal adoption of this policy is required under OSHA regulations. Respectfully submitted, __________________________ Desaree Crane Item No: 3 Meeting Date: May 2, 2011 Type of Business: Work Session Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Bloodborne Pathogen Policy Introduction: The Occupational Safety and Health Administration (OSHA) Bloodborne Pathogen regulation protects employees who work in occupations where they are at risk of exposure to blood or other potentially infectious materials. All of the requirements of this regulation can be found in Title 29 of the Code of Federal Regulations (29 CFR 1910.1030). The OSHA Bloodborne Pathogen requirements state what employers must do to protect workers who are occupationally exposed to blood or other potentially infectious materials. This requires employers to develop written policies to explain how they will implement the policy, provide training to employees and to protect the health and safety of their workers. Currently, the Mounds View Police Department does have a policy dealing with Bloodborne Pathogen. However, under OSHA Bloodborne Pathogen regulation, the City is required to have a policy that covers all employees. Discussion: The OSHA Bloodborne Pathogen Regulation requires employers to:  Establish an exposure control plan. This is a written plan to eliminate or minimize occupational exposures. The City is required to prepare an exposure determination that contains a list of classifications in which all employees have occupational exposure and a list of job classifications in which some workers have occupational exposure, along with a list of the tasks and procedures performed by those workers that result in their exposure.  Employers must update the plan annually. The City must update the plan annually to reflect any changes in tasks, procedures and positions that affect occupational exposure, and also technological changes that eliminate or reduce occupational exposure. The City is also required to annually document in the plan that they have begun using commercially available effective safer medical devises designed to eliminate or minimize occupational exposure.  Indentify and use engineering controls. These are devises that isolate to remove the bloodborne pathogen hazard from the workplace. This includes sharp disposal containers, and self-sheathing needles. The Safety Committee is conducting an audit to identify the areas in the City where these disposal containers are required.  Identify and ensure work practice controls. These are practices that reduce the possibility of exposure by changing the way a task is performed, such as practices for handling and disposing of contaminated sharps, handling specimens, handling laundry, and cleaning contaminated surfaces and items. Item 03 May 2, 2011 Work Session Page 2  Provide personal protective equipment (PPS), such as gloves, gowns, eye protection, and masks. The City is required to clean, repair and replace this equipment as needed. Maintenance, repair and replacement cannot be at the cost of the employee.  Make available hepatitis B vaccinations to all workers with occupational exposure. This vaccination must be offered after the employee has received the required bloodborne pathogens training at no cost to the employee. Currently all Mounds View Police Officers, Sergeants, PSO, Police Chief and Deputy Chief have been offered this vaccine. However, it has come to Staff’s attention that the Public Works Department is required to be offered this vaccine as well under the OSHA regulation. If an employee refuses the vaccine, then the employee would be required to sign a waiver of vaccination. This vaccine is normally covered under the employee’s medical plan (i.e. PPO or HSA plan).  Make available post-exposure evaluation and follow-up to any occupational exposed worker who experiences an exposure incident. An exposure incident is a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contract with blood or other potentially infectious materials. This evaluation must be at no cost to the employee and includes documenting the route(s) of exposure and the circumstances. The healthcare professional will provide a limited written opinion to the employer and all diagnoses must remain confidential.  Use of labels and signs to communicate hazards. Warning labels must be placed on containers of regulated waste; containers of contaminated reusable sharps, containers of contaminated reusable sharps, refrigerators and freezers containing blood, to name a few.  Provide information and training to employees. The City must ensure that all City employees receive regular training that covers all elements of this policy including, but not limited to: information on bloodborne and diseases, methods used to control occupational exposure, hepatitis B vaccine, and medical evaluation and post-exposure follow-up procedures. This training must be completed at initial hire, and then annually thereafter. The Safety Committee is working with the League of Minnesota Cities to develop a training plan for this policy.  Maintain worker medical and training records. The City must also maintain medical and training records. Attached is a draft Bloodborne Pathogen Policy. It is Staff’s intention to present this policy to the City Council for approval on May 9th. This policy would serve as compliance under the OSHA regulation relating to Bloodborne Pathogens. The Safety Committee will inform the City Council at a future meeting on the implementation of this policy to include training, protective equipment purchases, and disposal of contaminated materials. Respectfully submitted, __________________________ Desaree Crane ______________________________________________________________________________ SUBJECT: EXPOSURE CONTROL PLAN- BLOODBORNE PATHOGENS ______________________________________________________________________ PURPOSE: The purpose of this procedure is to provide information to all Full employees on how to minimize the risk of exposure to infectious microorganisms including, but not limited to HIV, Hepatitis B and Hepatitis C to which, during the course of performing their duties, employees may be exposed. It is a further purpose of this procedure to provide the employees information on what steps are to be taken if an employee believes they have had a significant exposure to such pathogens. METHODS OF EXPOSURE OR CONTAMINATION: Microorganisms (pathogens) identified in this procedure are typically transmitted by contact with body fluids. Medical science, at this time, is uncertain if other methods of transmission are possible, but this possibility should not be ignored. Employees are urged to use caution when such exposure is possible. In addition to a possible risk of exposure while performing an Emergency Medical Service (EMS) function, employees are urged to exercise caution in all situations, which may provide an opportunity for body fluid contact such as, arrest, i.e. hypodermic needle puncture, bites, etc. Any cuts, open wounds, or sores that an employee has are potential sites of infection and should be treated accordingly. Typically, the spread of communicable disease requires: A. A source of infection (microorganism); B. A means of transmission; and C. A susceptible host (reservoir). Employees are urged to use safe practices in cases of indirect contact as well (i.e. clothing items, potentially contaminated linens, potentially contaminated inanimate objects, droplet contact, and/or airborne contact). USE OF PROTECTIVE DEVICES: To minimize the chances of infection, employees are directed to use personal protective equipment which is provided: • Disposable gloves • Infection Control kits(including eyewear & mask protection) • Hand washing & disinfectant supplies • Pocket Masks for administering artificial breathing • N95 masks (issued to police officers and public works employees) These items are located in the squad room and/or in the squad car first aid kits. Face shields and eye protection are recommended when a reasonable foreseeable potential for an exposure exists to these areas. Red Biohazard bags are also provided for disposal of gloves and other contaminated equipment. SAFETY PROCEDURE GUIDELINES: Hand washing has been found to be a significant measure for the control of infection. Hands should be washed immediately after contact with blood or other body fluids. Hands should also be washed immediately after removing gloves or other protective gear. BLOOD, BODY FLUIDS OR UNIVERSAL MOIST BODY SUBSTANCES (UMBS) AND SECRETION PRECAUTIONS: Blood, body fluids (UMBS), and secretions of all persons should be considered to contain potentially infectious agents. The terms body fluids (UMBS) and secretions include: blood, semen, vaginal secretions, cerebrospinal, peritoneal and amniotic fluids and drainage from cuts, sores and scrapes, feces, urine, vomit, respiratory and nasal secretions, saliva and perspiration. In light of this: A. Treat all blood, body fluids, and secretions as if they are in fact contaminated. When in contact with blood or any potentially infectious material, whether gloves are worn or not, hands should be washed with soap and running water as soon as feasible. Antiseptic hand cleansers are available for use as well. B. Use protective gear when handling potentially contaminated materials. C. Protect all cuts, sores or open wounds from contamination by contact with potential sources of infection. D. Develop the habit of keeping your hands away from your eyes, nose and mouth in order to minimize the chances of infection. E. Dispose of blood, body fluids, and secretions properly. Generally, infectious microorganisms do not survive if out of the host and exposed to an open environment. F. Handle sharp items such as needles properly and use protective cases when appropriate. Contaminated needles and other contaminated sharps shall not be bent, recapped or removed. Contaminated reusable sharps shall be placed in appropriate containers and shall be puncture resistant, leak proof on sides and the bottom and labeled and color coded appropriately. The sharps container should be able to be closed after each use. Handle such items with extreme caution. G. Be acutely aware of cuts or scrapes you may receive while engaged in handling a situation, which may carry a potential risk of infection. H. Uniform clothing contaminated with blood or other potentially infectious material should be removed as soon as possible. It should be placed in a red biohazard bag and cleaned separately from other clothing items. Gloves should be worn when handling this type of infected clothing. PROCEDURE FOR SIGNIFICANT EXPOSURE AND POST EXPOSURE: If an employee experiences a significant exposure to an infectious microorganism or experiences a situation or condition such that a significant exposure is likely to have occurred, the employee is to proceed as follows: A. Report to the Shift Supervisor as soon as possible, completing the required First Report of Injury forms B. Complete the Exposure Incident Report form, which is available from the Shift Supervisor. C. Report to the same hospital as the source patient, with the completed Exposure Incident form and advise the hospital staff of the exposure or potential exposure. If the “source patient” is not transported, the nearest hospital may be used. D. Request that hospital personnel draw a sample of the employee’s blood and a sample of the source patient’s blood to test for the presence of HIV antibodies, Hepatitis B and Hepatitis C. The source patient has the right to refuse testing. E. Results of the blood tests will be reported by the hospital facility to the Chief of Police and the employee who reported the exposure. F. Pre-Test and Post-Test counseling will be provided to employees who experience a significant exposure upon request. G. The City of Mounds View will bear all costs associated with blood tests and pre-test and post-test counseling. H. The Supervisor will file the First Report of Injury form and one copy of the Exposure Incident form with the Personnel office as soon as possible. i. If the employee elects to go to their personal physician for the determination of a significant exposure, the exposure incident form must be presented to and signed by the employee’s personal physician and returned to the City. TRAINING Training will be conducted annually covering bloodborne pathogen exposure. HEPATITIS B VACCINATION The Hepatitis B vaccination series is available to all Mounds View Police and Public Personnel. This vacation is optional and offered at no cost to the employee. If the employee does not wish to receive this vaccine, then the employee will be required to sign a waiver of vaccine form to be placed on file with the Assistant City Administrator. Item No: 4 Meeting Date: May 2, 2011 Type of Business: Work Session Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Consumption and Display Permit (502.03, subd. 5 of the Liquor Code) Introduction: A Consumption and Display Permit may be issued by the Minnesota Department of Public Safety (with approval by the City Council by Resolution) to allow restaurants or 3.2 Malt Liquor licensed establishments to permit the consumption and display of intoxicating liquor on the premises. This permit does not authorize the sale of intoxicating liquor. This allows restaurants and establishments that hold 3.2 Malt Liquor Licenses to allow customers to bring in their own intoxicating liquor. In accordance with §502.03, subd. 5 of the City Code relating to liquor: Consumption and Display Permits: Consumption and display permits are issued by the Commissioner and regulated by the provisions of Minnesota Statutes Section 340A.414. Consumption and display permits issued by the Commissioner must be approved by the City Council before they are effective. Discussion: Although the City Code allows this type of permit, the City has not established a fee in the 2011 Fee Schedule. In accordance with Minnesota Statute §340A.414, subd. 6: Permit Fees. The annual fee for issuance of a permit under this section is $250. The governing body of a city of county where is establishment is located may impose an additional fee of not more than $300. The City Council could impose the maximum fee of $550, as established by Minnesota Statute. $250 would go directly to the Minnesota Department of Public Safety and $300 would go directly to the City. Taiko Sushi Bar is interested in obtaining this permit instead of renewing their On-Sale 3.2 Malt Liquor and On-Sale Wine License. In order for Taiko Sushi Bar to start the process, the City will need to approve this fee in the 2011 Fee Schedule. After the fee is approved, then Taiko Sushi Bar will need to submit the State required application materials, pay the fee, and obtain City Council approval. Item 4 City Council Work Session May 2, 2011 Page 2 Staff would like direction from the City Council on the Consumption and Display Permit fee. It is Staff’s intention to add this fee to the 2011 Fee Schedule at the May 9, 2011, City Council Meeting. Respectfully submitted, __________________________ Desaree Crane Item No: 5 Meeting Date: May 2, 2011 Type of Business: Work Session Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Discuss Employee Appreciation Luncheon and Employee Milestone Gift Certificates Introduction: As stated in Resolution 5617, the City will provide eligible employees gift certificates for a Five-Year Employment Milestone. In the past, the City has also provided a luncheon to appreciate the hard work and dedication of city employees. These gift certificates have been awarded to the eligible employees during the annual employee appreciation luncheon. Discussion: One of the clauses in Resolution 5617 is that the City would provide to employees “gift certificates in the amount of $5 per year of service at five-year increments.” Currently there are 11 city employees that fall under these criteria. Both the Employee Lunch and Gift Certificates are currently budgeted for 2011 (Budget # 100-4100-1600). The employees below qualify under the criteria set in Resolution 5617: Employee Name Department Years of Service as of 2011 Gift Certificate Amount Juell, Tracy Public Works 20 years $100 Czarnecki, Keith MVPD 15 years $75 Ericson, James Administration 15 years $75 Menard, Steven MVPD 15 years $75 Meyer, Darrell MVPD 15 years $75 Keckeisen, Kasey MVPD 10 years $50 Leitch, Kirk MVPD 10 years $50 Brisbois, Brett Public Works 5 years $25 Erickson, Nicholas MVPD 5 years $25 Knitter, Benjamin MVPD 5 years $25 Springer, Mary Administration 5 years $25 Item 5 City Council Work Session May 2, 2011 Page 2 The City has $800 in the budget for gift certificates, and an additional $800 for the employee luncheon. The Employee Appreciation Day is scheduled for Wednesday, June 8, 2011, at City Hall Park (Big Pavilion) from 1130am to 130pm. Staff would like direction on whether to proceed with the Employee Appreciation Luncheon and Employee Milestone Gift Certificates before presenting formal adoption at the next City Council Meeting on May 9th. Respectfully submitted, __________________________ Desaree Crane Item No: 6 Meeting Date: May 2, 2011 Type of Business: Work Session City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Review Section 4 and Section 5 of the City’s Personnel Manual Introduction: At the December 13, 2010 City Council meeting, a suggestion was made to provide the Council with copies of personnel manual for review and discussion purposes, to ensure the policies continue to represent the goals of the City Council. Because the Personnel Manual is too large to effectively review and discuss in one meeting, Staff has been presenting the manual in logical sections. The first section, entitled “Workplace Issues”, was reviewed at the January 3, 2011 Work Session. The second section, “Attendance and Leaves”, was reviewed at the February 7, 2011 Work Session. The third section of the Personnel Manual entitled “Compensation and Benefits”, was reviewed at the March 7, 2011 Work Session. Sections 4 and 5, relating to “Separations” and “Definitions”, respectively, are attached presently for the Council’s review. Discussion: The policies within Section 4 include the following: • Section 4.01: Employee with Disabilities • Section 4.05: Discharge • Section 4.10: Insurance Continuation • Section 4.15: Layoff • Section 4.20: Reference Checks • Section 4.25: Resignation • Section 4.30: Retirement • Section 4.35: Termination and Separation Policies • Section 4.40: Unemployment Compensation Claims Staff is reviewing the language in Section 4.10 relating to the Federal and State “COBRA” laws to ensure consistency with same. While the last part of Section 4.10 indicates that any policy in conflict with Federal or State shall be superseded by the applicable Federal or State law, it would seem appropriate to correct for any conflicting language. Finance Director Beer, the City Attorney and I will prepare an appropriate amendment for subsequent Council action. Otherwise, only two revisions are shown in Section 4, both in Policy 4.35D relating to “Separation Compensation.” This policy details, in general, what is paid out at separation, not HOW the compensation is paid out. (The “HOW is addressed in Section 3.) An exception clause is needed in the Sick Leave Severance paragraph and language further in this policy is marked for deletion as it too is pre-empted by Section 3.45. Personnel Manual Review Sections 4 & 5 May 2, 2011 Page 2 Recommendation: Review the attached Sections Four and Five of the Personnel Manual relating to “Separations” and “Definitions” and provide feedback regarding the potential need for any additional changes. Respectfully submitted, ________________________ James Ericson City Administrator Section Four: Separations POLICY: EMPLOYEE WITH DISABILITIES SECTION: 4.01 Should an employee be absent for more than six consecutive months, the employee shall be deemed to have exhausted the employee’s sick leave and vacation leave to facilitate payment of benefits provided by long term disability and/or Public Employees’ Retirement Association benefits. Accrued, unused vacation hours shall be paid to the disabled employee at termination, in accordance with Section 4.35. Should an employee subsequently be found to be able to perform any and all of the employee’s normal duties and be returned to employment with the City, the amount of unused sick leave credited to the employee at the time of the employee’s termination date will be reinstated. POLICY: DISCHARGE SECTION: 4.05 Employees who are involuntarily terminated will be paid through their termination date. In addition, employees will receive the value of any accrued vacation and sick leave, under the conditions of Section 4.35, Termination and Separation Policies. Employees will be paid for wages earned within 24 hours of their termination if requested by the employee. The basis of a discharge shall not be predicated on the employee’s race, sex, creed, religion, color, age, national origin, disability, marital status, sexual orientation, political affiliation, or status with regard to public assistance. New probationary employees may be terminated at any time for any reason that does not violate local, state or federal law with or without notice subject to the rights of veterans. For additional Information regarding just cause and termination procedures, see Section 1.05 Discipline. POLICY: INSURANCE CONTINUATION SECTION: 4.10 Certain State and Federal laws allow employees and their eligible family members to continue purchasing Mounds View’s group health plan, dental and life insurance after the employee leaves City employment or reduces their hours below benefit earning levels. This purchase is at the employee’s own expense and is known as “insurance continuation.” A. COBRA “COBRA” stands for Consolidated Omnibus Budget Reconciliation Act of 1985. This Federal and Minnesota State law allows health, life, and dental insurance continuation for up to 18 months. In some instances, the federal law allows an employee and eligible family members to continue health and dental insurance for 29 or 36 months. Retiring employees who have health, dental and/or life insurance coverage at the time of retirement, and who elect to have those same coverages during retirement under COBRA, will be permitted to use severance funds (as entitled in Section 4.35D) to pay for health, dental, and/or life insurance premiums until such time as the employee’s severance funds are exhausted. Life Insurance Continuance of Coverage Whenever a covered employee ceases employment with the City, insurance coverage will be discontinued on the first day of the month following the date of termination. Pursuant to State Law, a terminating employee may elect to continue life insurance for a period up to 18 months at the terminating employee’s expense. Health/Dental Continuance of Coverage Employees are notified by the City’s group health care provider and the City regarding dental continuation coverage. B. RETIREMENT BENEFITS (CHAPTER 488) If an employee is retiring and is eligible for a retirement annuity or is receiving disability benefits from a Minnesota Public Retirement Plan such as PERA, the employee may remain on Mounds View’s group health/dental insurance plan programs indefinitely, at their own expense, provided the employee continues to reside within the health/dental plan’s service area. When the former employee reaches age 65, the City may transfer the former employee and covered dependents to a non-active employee pool. This “indefinite” continuation is made available under Minn. Stat. § 471.61, also known as “Chapter 488.” Retiring employees who wish to continue purchasing insurance coverage through the City will be asked to elect their continuation through COBRA or through Chapter 488. C. FLEXIBLE BENEFITS Dependent Care Expenses Employees can submit claims for dependent care costs, which were incurred before leaving City employment, until December 31 of the plan year. Dependent care expenses incurred after the employee leaves the City are not eligible for reimbursement. Other Medical Costs Employees may continue to file reimbursement claim forms for “Other Medical Costs” after termination of employment or reduction in hours. Claim forms can be submitted through the end of the plan year on the Fridays, which are scheduled as Flex Claims Due days. OR Employees can continue to participate in the Flexible Benefits Plans on an after-tax basis for up to 18 months, in which case claims for expenses incurred after the termination/reduction in hours date may be submitted. Further information on continuing Flexible Benefits participation is provided when the employee leaves employment or reduces their hours below benefit earning levels. Conflicts with Federal/State Law This policy is intended to be a general summary of these laws. If this information conflicts with the applicable Federal Law or State Statute, the law or statute will apply. POLICY: LAYOFF SECTION: 4.15 The City Administrator, with approval of the City Council, may lay-off any employee whenever such action is deemed necessary by reason of shortage of work or funds, the elimination of a position, changes in organization, or other causes. The duties performed by any employee laid off may be reassigned to other employees who occupy positions in other classifications, except the duties performed by veterans covered by the Veterans Preference Act shall not in bad faith be transferred to non veterans. No regular employee shall be laid off while another provisional appointment or an appointment to temporary position exists in the same class in the same department. No suspension, demotion or dismissal of an employee from the armed services as disciplinary action shall be considered as a Layoff, nor shall separation as a result of reduction of Federally or State funded programs be considered a Layoff. Order of Layoff It is recognized that reductions in force may not impact all departments or divisions to the same extent. Therefore, it may be necessary to transfer employees from one department or division to another. When all other factors are equal, longevity shall be the determining criterion for layoffs of employees in their respective classifications. Reductions in grade, i.e., demotions may be made in conjunction with layoffs. Past performance and longevity shall be considered in the event of a reduction in grade instead of a layoff. An employee being demoted must be qualified for the position in which the employee will be employed. No regular employee shall be laid off or reduced in grade while another provisional appointment or probationary appointment or an appointment to a temporary position exists in the same classification. Notice of Layoff The City Administrator shall give written Notice of a Layoff to a regular or probationary employee at least 14 calendar days before the effective date of the Layoff. A copy of the notice shall be provided to the Human Resource Representative. This policy only applies to regular part-time and full-time employees. W ritten Notice of Layoff may be given to provisional or temporary employees at any time prior to the effective date of Layoff. POLICY: REFERENCE CHECKS SECTION: 4.20 The City of Mounds View provides reference information on former employees within the scope of the Minnesota Government Data Practices Act. The laws regarding data privacy are carefully followed. If a former employee would like to authorize someone to have access to private data about them, he or she must complete an authorization form available from the Human Resources Representative. This form meets specific data practices requirements, including the informed consent provision, as outlined by State Law. For additional information on employee records and data privacy, see Section 1.15 POLICY: RESIGNATION SECTION: 4.25 When an employee voluntarily resigns from employment with the City, he or she must submit a written notice at least two weeks in advance. Advance notice will assist the City in preparing to fill the position. Procedures The letter of resignation is submitted to the immediate Supervisor, and should include the following: • An indication that the resignation is voluntary. • The reason for leaving • The last day of actual work • The employee’s signature Failure to Give Notice If an employee fails to submit a letter of resignation two weeks prior to their actual last day of work, it may result in loss of “good standing” and influence future employment opportunities with the City. In addition, it may impact the content of future reference reports on the individual. If an employee quits, but refuses to submit a letter of resignation, the Supervisor will need to complete a written report on the circumstances surrounding the matter. Unauthorized Absence Unauthorized absences from work for a period of three (3) consecutive work days may be considered as a resignation without proper notice. Checking Out The letter of resignation is given to the Human Resource Representative. See Section 4.35 for check-out procedures and further information. POLICY: RETIREMENT SECTION: 4.30 Retirement is defined as separation from City employment when the employee is immediately eligible, based on age and/or service requirements, for an annuity from the Public Employees Retirement Association (PERA). Retirement benefits are provided to City employees who terminate employment and are eligible to draw pensions under City retirement programs. Eligibility requirements, including age and length of service, vary among City retirement programs. Employees who intend to retire are encouraged to obtain forms and benefit information from their retirement program administrator at least one year in advance of an estimated retirement date. An employee will be eligible for an unreduced retirement benefit from PERA, which requires: • Age 65 with one year of service, • Age plus years of service credit totaling at least 90, or • A member of the Police and Fire Fund, and at least three years of service at age 55. An employee is eligible for a reduced benefit from PERA, which requires: • At least three years of service at age 55, or • 30 or more years of service at any age. (Service can be all PERA service credit, or combined service with one or more of the other state covered funds.) POLICY: TERMINATION and SEPARATION POLICIES SECTION: 4.35 A terminating employee is someone who is leaving City employment as a result of discharge, termination, retirement, layoff or death. The following procedures will assist the employee in a smooth transition when leaving the City of Mounds View. A. CHECK OUT The Supervisor/Department Head should notify Human Resources of the employee’s termination and forward the original letter of resignation to the Human Resources Department. In the event the termination is a discharge or layoff, a copy of the notice to the employee should be forwarded in place of the resignation letter. It is important to notify Finance well in advance of the last day of employment so arrangements may be made to prepare the final paycheck. The last day on the job is the last day the employee works a regularly scheduled shift. If the employee is eligible to receive vacation and/or compensatory accumulated time, that time will also be paid effective the last day. All outstanding expense reports or monetary advances shall also be resolved. Employees who wish to continue their health insurance coverage through the City may be able to use their last paycheck to pay for future premiums on a pre-tax basis. See Section 4.10 to determine eligibility and for additional information on Insurance Continuation. Requests for PERA refund may not be submitted until the day of termination. ICMA withdrawal decisions must be made within 60 days of leaving employment. B. EXIT INTERVIEW Exit interviews may be conducted by the City Administrator if deemed appropriate. C. RETURN OF CITY PROPERTY Employees leaving City employment are required to return all property and equipment issued by the City prior to his or her last day of employment. This equipment includes, but is not limited to, building keys, gas pump and vehicle keys, identification badges, and all such other property issued to employees during the course of their employment. Employees may be asked to sign a form indicating they have returned all such property. D. SEPARATION COMPENSATION Vacation An employee will be compensated for accrued vacation and compensatory time upon separation. Sick Leave Severance Severance pay shall be granted to employees who leave in good standing in the amount of fifty percent (50%) of unused sick leave to employees who have completed two years of service. Maximum accumulation of sick leave is 120 days. Additional banked sick leave hours will not be computed in severance pay, except as noted in Section 3.45. The spouse or family of an employee is eligible for severance benefits, if the following conditions are met: • Employee worked for the City for two years prior to the termination of employment; and; • The employee died while an employee of the City. Employees who have completed ten years of service and retire may elect, in lieu of severance pay, to have the employer use sixty-five percent (65%) of the employee’s accrued and unused sick leave for the retiree’s group health, dental and life insurance premiums for as long as the funds are available up to the retiree’s 65th birthday. Severance benefits will be paid at the employee’s regular rate of pay on the last date as an employee. 3. DEATH If termination of employment is caused by death of the employee, any wages earned but not paid and any unused vacation benefits will be paid to the estate of the deceased employee. All such payments are subject to ordinary State and Federal payroll deductions. In some instances the guidelines listed above may not be practicable. The City Administrator reserves the right to make exceptions to the above policy in unusual circumstances. POLICY: UNEMPLOYMENT COMPENSATION CLAIMS SECTION: 4.40 The policy on unemployment compensation claims is critical to the financial well-being of the City. This is because the City does not contribute to the unemployment compensation pool through the payment of premiums, but instead is charged directly for its share of any benefits paid. Therefore, any payment of claims is a direct cost to the affected department's budget. To avoid the payment of unemployment compensation to former employees who are ineligible, all notices of unemployment claims should be forwarded to the Finance Department. Section Five: Definitions As used in the personnel policies, the following words and terms, unless the context clearly indicates otherwise, shall have the meaning as defined herein: Anniversary Date of Employment: is the period of elapsed time since the commencement of employment, unless adjusted for certain leaves of absence, with credit for bridged services, less all periods of absence which are deductible as determined by the City. Appointing Authority: the City Council or City Administrator to whom the City Council has delegated authority to appoint personnel. Certified Bargaining Unit: a group of employees determined by the State to have a common interest in the collective bargaining process and whose common interest has been determined as appropriate by the State. Compensatory Time: time off from work at the employee's normal straight time rate of pay. For regular employees not exempt from the provisions of the Minnesota Fair Labor Standards Act, compensatory time shall be computed at one and one-half times the number of overtime hours worked. Continuous Service: Continuous service shall be terminated by dismissal, lay-off, permanent disability, resignation, retirement or death. Continuous service shall not be considered broken if an employee: 1) takes a military leave of absence and returns to City employment in accordance with Federal and State Law; or 2) is on authorized leave of absence or on a temporary suspension without pay. However no credit shall be allowed for an employee suspended or on leave without pay for over 30 consecutive calendar days except when leave without pay resulted from an on-the- job injury. For the purposes of vesting and eligibility to participate in pension and other retirement plans, a Family and Medical Leave of Absence does not constitute a break in service. Demotion: the change of an employee's status from a position in one class to a position in another class, that could include a reduction in salary, due to incompetency, inefficiency, or misconduct. Employee Classification: Employees classification are “regular full-time,” “regular part- time,” “temporary,” and/or “seasonal.” Exempt: Exempt employees are those employees who are in the “Exempt” category under the Fair Labor Standards Act or similarly treated under Minnesota laws and who are thereby not subject to portions of the wage and hours provisions of those laws. Fringe Benefits: Fringe benefits for employees include, but are not limited to, vacation leave, sick leave, holidays, funeral leave and insurance benefits and are applicable to regular full-time and part-time employees meeting certain eligibility requirements. Grievance: interpretation, application, claim of breach, or violation of these Rules. Immediate Family Member: spouse, children, siblings, parents, grandmother, grandfather or grandchildren of both the employee and the employee's spouse. Job Classification: the job classification at the time of initial employment and at subsequent times as or if a position’s responsibilities change dramatically. Job classification will include an employer determination as to whether the position is exempt or non-exempt. Compensation will be determined based on the positions job classification in accordance with the classification and compensation plan established by the City. Longevity: the total length of service with the City as a regular, full-time employee including the employee's initial probationary period. Non-Exempt: a person who is not exempt from the minimum wage and overtime pay requirements of the Fair Labor Standards Act. Overtime: time worked in excess of the work day or 40 hours per work week, except for Police. Pay Period: the 14 days beginning every other Saturday a.m. through the next Sunday. Position Description: Position description is a summary of the responsibilities of a position and includes the job title, department, job classification, and Federal Labor Standard Set Classifications. Probationary Employee: an employee appointed to a regular position serving the initial six month probationary period, unless otherwise established by a collective bargaining agreement. Probationary Period: the first six months in a new position which is a working test period where the employee is required to demonstrate fitness for the duties to which the employee is appointed, by actual performance of the duties of the position. Promotion: a change of an employee's status from a position in one class to a position in another class usually resulting in a higher maximum salary rate. Reclassification: a change in a class of an individual position by raising it to a higher class, reducing it to a lower class, or moving it into another class at the same level on the basis of changes in the kind, difficulty or responsibility of the work performed. Regular Full-Time Employee: Regular Full-Time employees who are normally employed on a regular schedule of forty (40) or more hours per week, every week. An employee appointed to an authorized, budgeted position in accordance with these rules, and has successfully completed the probationary period. Regular Part-Time Employee: Regular Part-Time Employees are those who are usually scheduled to work less than forty hours per week on average. The classification of a part- time employee is based on the employee’s regularly scheduled work week. An employee appointed to an authorized, budgeted position in accordance with these rules, who has successfully completed the probationary period. Salary Plan: an orderly plan for compensating employees, using job classifications as the basis for rate of compensation for each position. The salary plan is determined by the City Council. Seasonal Employee: seasonal employees shall be hired only for seasonal positions approved by the Mounds View City Council and shall be retained for a specific period of time as indicated in the letter of hire. A letter of hire will be signed by each Seasonal Employee and respective Department Head at the beginning of the employment relationship. The start and end dates shall be based on the department’s staffing needs and the seasonal employment relationship may be terminated prior to the end date if necessary. Seasonal Employees may be full- or part-time and are not entitled to City benefits, a regular employment relationship with the City, or a seasonal or regular position with the City in subsequent years. Seasonal Employees must reapply for any seasonal positions for which they wish to be considered in subsequent years. Serious Health Condition: an illness, injury, impairment, physical or mental condition which if left untreated, would likely result in an absence from work of more than three days and involves: 1. inpatient care in a hospital, hospice, or residential medical care facility, 2. prenatal care, or 3. continuing treatment by a health care provider. Temporary/Seasonal: employment with the City in other than a regular position. Transfer: a change in the employee's status from one City position to another, not necessarily involving an increase in pay; a lateral movement. Veteran: person entitled to veteran's preference pursuant to Federal/State Statutes. Work Week: Basic Work Week is 40 hours a week, except for Police Patrol, Sergeants and exempt employees.