HomeMy Public PortalAbout08.15.2017 City Council Special Meeting PacketMEDIIVA
WORK SESSION AGENDA
MEDINA CITY COUNCIL
Tuesday, August 15, 2017
6:30 P.M.
Medina City Hall
2052 County Road 24
I. Call to Order
II. Personnel Policy Update
III. Adjourn
Posted 8.11.17
MEMORANDUM
TO: City Council Through City Administrator Scott Johnson
FROM: Jodi Gallup, Assistant City Administrator
DATE: August 9, 2017
SUBJECT: Personnel Policy Update
Background
One of our 2017 Work Plan goals is to conduct a comprehensive review and update of our
employee personnel policies. These policies were adopted in 2005 and a thorough review has not
occurred since 2011. Personnel policies are written rules and guidelines necessary to keep the
city functioning smoothly from a human resources perspective. It is expected for cities to revise
and update their policies on an on -going basis to keep up with changes to state and federal laws.
As part of the 2017 comprehensive review, to -date, department heads have held three meetings
to review and discuss possible changes to personnel policies and the administration staff has
worked closely with the League of Minnesota Cities to conduct a complete review of our
policies. All employees have been provided a copy of the attached draft changes and have been
given an opportunity to make suggestions.
Proposed Policy Changes
The attached draft personnel policies show all the proposed amendments in track changes. Many
of the amendments just clarify or strengthen the existing language, but there are some
noteworthy changes, which are bullet pointed below. The list below does NOT include all the
changes made to the personnel policies, so please be sure to read through the draft amendments.
• 1.50 Definitions: Added definition for Benefited Part-time Employee for an employee
who works more than 30 hours per week, but less than 40 hours per week. The City does
not have any positions at this time that would be eligible for this classification. The intent
on adding this definition would be to give the City flexibility in the future to create
certain jobs at this classification.
• 2.90 Workers Compensation: Clarified the process for reporting an injury on the job. This
is to streamline the process and make sure employees and department heads report
injuries in a timely manner
• 3.10 Respectful Workplace: Added language on abusive customer behavior and further
described the no retaliation section.
• 4.30 Overtime & Compensatory Time: Further defined non-exempt and exempt
employee status. Added compensatory time eligibility for non-exempt employees to this
section and deleted the separate compensatory time policy. Created a leave policy for
exempt employees in section 4.40.
• 4.50 Payroll: Require all employees to participate in direct deposit as provided for in
Minnesota law.
• 5.30 Personal (Vacation) Leave: Added additional vacation accruals for employees with
20+ years of service to align with the existing union contract. Allow experienced new
hires to begin vacation accruals at up to 4.62 hours in order to recruit qualified
experienced candidates for certain positions. Increased vacation carry over amounts from
120 hours to 180 hours for full time employees (pro -rated for other employees).
• 5.80 Continuing Education Program: Increased annual maximum reimbursement amount
from $1,000 to $2,000 to help account for the increased tuition costs since this policy was
adopted in 2005.
Action Steps
Direct staff to make any final changes to the draft personnel policies and bring back to a future
City Council meeting on the Consent Agenda for approval.
2
MEDINA
Personnel Policies
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Section 1
Introduction to the City of Medina and Personnel Policy
1.10. Purpose
1.20. Scope of Policies
1.30. History of City of Medina
1.40. Organization of the City
1.50. Definitions
Section 2
Employment Practices
2.10. City Service
2.12. Drug and Alcohol Testing - General
2.16. Drug and Alcohol Testing — Commercial Motor Vehicle Operation
2.20. Employment of Relatives
2.30. Attendance and Hours of Work
2.40. Employee Training and Development
2.50. Discipline/Corrective Action
2.60. Grievance Procedure
2.70. Personnel Record of Employees
2.80. Inability to Perform Essential Functions
2.90. Workers Compensation
Section 3
Employee Behavior
3.10. Respectful Workplace
3.20. Political Activities
3.30. Outside Employment
3.40. Employee Appearance
3.50. Gifts and Gratuities
Section 4
Compensation Plan
4.10. Job Classification
4.20. Salaries and Wages
4.30. Overtime & Compensatory Time
4.40. Leave Policy for Exempt Employees
4.50. Payroll
4.60. Public Works On -Call Rotation
Section 5
Employment Benefits
5.10. Group Health and Life Insurance
5.20. Deferred Compensation
5.30. Personal (Vacation) Leave
5.40. Sick Leave
5.50. Sick Leave Donation
5.60. Retirement Insurance Program
5.70. Holidays
5.80. Continuing Education Program
5.85. Employee Recognition
Section 6
Special Leaves of Absence
6.10. Bereavement Leave
6.20. Military Leave
6.30. Voting Leave
6.40. Court Duty Leave
6.50. Pregnancy and Parental Leave
6.55. Bone Marrow Donation Leave
6.60. Leaves of Absence — Other
Section 7
Employee Separation
7.10. Termination and Resignation
7.20. Termination Payout
7.30. Exit Interviews
Section 8
General City Policies
8.10. Communication
8.20. Use of City Property
8.30. Technology
8.60. Workplace Safety
8.70. Firearms at Work
8.80. Drug -Free Workplace
8.90. Smoke Free Workplace
8.95. Severe Weather Conditions
Personnel Policy
MEDINA
1.10 Purpose
Policy:
It is the purpose of this Personnel Policy to provide a general reference to the City's
personnel policespolicies and procedures and establish a uniform and equitable system of
personnel administration. As a reference, the Personnel Policy is intended to serve as a
common source of information for employees, supervisors, and management and is not
intended to be all-inclusive or to cover every situation that may arise. Nothing in this
Personnel Policy is meant to establish an employment contract with or grant property or
due process rights to any City employee, other than those which may be provided for in
collective bargaining agreements or in accordance with federal and state law. Except as
otherwise prohibited by law, eEmployees are at -will employees who may be discharged
at any time for any reason not contrary to law. Employees may similarly terminate
employment at any time for any reason.
The following provisions are merely recitations of the current practice of the City and are
not to be construed as promises or contractual provisions. These policies are subject to
change at the sole discretion of City at any time for any reason.
Approved By: Medina City Council Date: December 20, 2005
1.10 Purpose
Personnel Policy
MEDINA
1.20 Scope of Policies
Purpose:
To provide general information about the scope and conditions of employment with the
City of Medina.
Policy:
The Personnel Policy applies to all employees of the City, except as may otherwise be
specifically provided herein. These policies do not apply to the following:
A. All elected officials;
B. Consultants and others rendering services under contracts with the City;
C. Members of City boards, commissions, and committees;
D. Volunteer fire fighters and other volunteer personnel;
E. Positions designated as temporary or seasonal; unless specifically noted in
certain provisions.
No provision of this Personnel Policy is intended to violate, supersede, or conflict with
any applicable Constitution, statute or regulation, whether state or federal, or any
provision of a collective bargaining agreement in effect between the City and any of its
employees, and to the extent of any such violation the offending provision of this
Personnel Policy shall be void, but all remaining provisions of this Personnel Policy shall
remain in effect. Union employees are encouraged to consult their collective bargaining
agreement first for information about their employment conditions.
Approved By: Medina City Council Date: December 20, 2005
1.20 Scope of Policies
Personnel Policy
MEDINA
1.30 History of City of Medina
Medina was a part of the "Big Woods," a vast region of hardwood forest, broken only by
lakes, marshes, and streams. Its Dakota people lived on game, fish, berries, wild rice, and
maple sugar and traded with other bands in the region.
In 1853 the Traverse de Sioux Treaty opened up the region to white settlers, who were
attracted by the huge stands of timber and the availability of land for farming.
The first settlers arrived in Medina in 1855. On April 10, 1858, County Commissioners
gave the City an official designation as "Hamburg Township." Local residents preferred
the name, "Medina," after the Arabian holy City that was in the news that year. On May
11, 1858, 37 residents met in the home of Valorius Chilson and voted unanimously to
change the name
Medina's early European settlers were chiefly German, Irish and French-Canadian and had
names still common in Medina like, Scherer and Reiser; Mooney and Crowe; Hamel and
Fortin. The first generations tended to group according to their language ties and to help
each other through the long hard winters.
Townships were always divided into 36 sections, each consisting of a square mile. This
meant that the City of Excelsior extended beyond the north shore of Lake Minnetonka to
Medina's southern border. Excelsior's northern residents tolerated this inconvenience until
1868, when Excelsior's north shore residents voted to become a part of Medina. This
expanded Medina to over 50 square miles.
In 1889, George A. Brackett led a successful drive to carve the City of Orono out of the
southern 11 sections of Medina. Later, the City also ceded away land to Loretto, when it
incorporated in 1940. Loretto had been platted since 1886 at the time the Minneapolis &
St. Paul and Sault St. Marie railroad came through.
The Hamel area of Medina was platted as a City as early as 1879, but it's efforts to
incorporate failed, in part, because of the complication of straddling the borders of both
Medina and Plymouth. This hamlet might have been called Lenz after Leonard Lenzen,
who built a mill on Elm Creek and set up a post office in the name of Lenz in 1861. But,
when the William Hamel family gave land to the railroad for the train depot in 1884 they
asked that it be called "Hamel," and the name took root. To this day people call this hamlet
of Medina, Hamel.
Built on the road from Minneapolis to Rockford, Hamel was a busy hamlet. At the turn of
1.30 History of City of Medina
the century Hamel boasted a school, two hotels, the Church of St. Anne's, a hall for the
Ancient Order of United Workman and numerous stores. The town decreased to its present
size after TH 55 bypassed it in the 1950's.
As it grew, Medina graduated from "township" status to become a "village" in 1955; it
incorporated as a City in 1974.
In 20170, Medina is a prosperous, suburban edge City and with its population just over
56,000, its residents are eager to preserve its rural heritage.
Approved By: Medina City Council Date: December 20, 2005; Amended December 21,
2010
1.30 History of City of Medina
MEDINA
1.40 Organizational Chart Planning
Commission
Ad Hoc Committees
Administration Assistant City
Intern Administrator -City Clerk
rInvestigators
Patrol Officers
Police Reserves
r--
Park Commission - -
City Administrator
Administrative ( Accounting
Assistant ` Technician
Finance Director
Transcriptionist/
Finance Clerk
City Engineer
City Attorney
City Prosecutor
Planning Consultant
City Planner
(Associate Planner
Planning/GIS
Assistant
L _ _
Building Inspector
Fire Marshal
Assessor
Other Contracted
Services
Office Assistant to
Planning & Public Works
Public Works
Director
Public Works
Foreman
Field Inspector
Water &Sewer
Operator
Public Works
Maintenance Workers
Approved 12.21.2010
Personnel Policy
MEDINA
1.50 Definitions
City - City of Medina
City Council - City Council of the City of Medina
Domestic Partner — A same- or opposite -sex adult partner who has met the requirements
of and has a completed Affidavit of Domestic Partnership Form on file with the City
Clerk's Office.
Exempt Employee - Employee not covered by the minimum wage and overtime
provisions of the Federal or State Fair Labor Standards Acts.
Non-exempt Employee - Employee covered by the minimum wage and overtime
provisions of Federal or State Fair Labor Standards Acts.
Regular Employee - An employee who has successfully completed all stages of the
selection process, including the training period (probation period), works _year-round in
an ongoing position, and serves at -will.
Full-time Employee - An employee who is normally scheduled for an average of at least
forty (40) hours per week year-round in an ongoing position.
Part-time Employee - An employee who is normally scheduled for an average of less
than thirty (30)forty (40) hours per week. A part-time employee can be classified as a
regular, temporary, or seasonal employee.
Benefited Part-time Employee — an employee who is normally scheduled for an average
of at least thirty (30) or more hours per week, but less than forty (40) hours per week, and
works year-round in an ongoing position. A benefited part-time employee will accrue
leave benefits at three -fourths the rate of a full-time regular employee and will receive
group health insurance premium assistance at three -fourths the rate of a full-time regular
employee.
Seasonal Employee - An employee who is employed for a defined period of less than
one year where the defined period relates to "seasonal activities" of the City.
Temporary Employee - An employee who is employed for a defined period of less than
one year.
1.50 Definitions
Personnel Policy
MEDINA
Promotion - Filling a position through internal means where a current employee moves
from one job to another, in a class with higher or comparable pay.
Demotion - The movement of an employee from one job class to another within the city,
where the maximum salary for the new position is lower than that of the employee's
former position.
Reclassify - Movement of a job from one classification to another classification because
of a significant change in the position's duties and responsibilities.
Probationary Employee — An employee who is hired or promoted to a regular or part-
time position and is serving the required probationary period.
Probationary Period — The first six (6) months of continuous employment for a newly
hired or promoted regular full-time or regular part-time employee. The training period is
an integral extension of the eCity's selection process and is used by supervisors for
closely observing an employee's work. An employee serving his/her initial probationary
period may be disciplined at the sole discretion of the eCity, up to and including
dismissal. An employee so disciplined, including dismissal, will not have any grievance
rights.
Nothing in this policy handbook shall be construed to imply that after completion of the
probationary period, an employee has any vested interest or property right to continued
City employment.
Time served in temporary, seasonal, volunteer or interim positions are not considered part
of the probationary period. If an emergency arises during an employee's probationary
period which requires a leave of absence, such as time off, if granted, will not be
considered as time worked, and the probationary period will be extended by the length of
time taken.
Approved By: Medina City Council Date: December 20, 2005; Amended January 4,
2011
1.50 Definitions
Personnel Policy
MEDINA
2.10 City Service
Purpose:
To define the selection process for employment with the City.
Policy:
The City Administrator, subject to approval by the City Council, shall select individuals
for employment with the City on the basis of merit for the position. After a conditional
offer of employment is made to a job applicant, (to both new employees and promotional
employees) the City may require the candidate to take and pass a pre -employment physical
and/or psychological exam, including a pre -employment drug or alcohol test. The City may
also give written or oral examinations to job applicants when necessary to evaluate the
knowledge, skills, abilities and other qualifications of the candidate to fulfill the duties of
the position. Any examinations given shall be based upon the actual physical and mental
requirements of the job.
Position Posting
sources as deemed appropriate by the City Administrator. The City Administrator or
designee will determine if a vacancy will be filled through an open recruitment or by
promotion, transfer, or some other method. This determination will be made on a case -
by -case basis. The majority of position vacancies will be filled through an open
recruitment process. When a position becomes available, it shall be posted and/or
advertised through various sources as deemed appropriate by the City Administrator or
designee.
Equal Employment Opportunity
It is the policy of the City to provide equal employment opportunity to all persons. All
employment practices and policies will be nondiscriminatory and in compliance with
federal laws, state statutes, and local ordinances. No individual may be excluded from
any employment or be subjected to discrimination regarding any and all terms and
conditions of employment on the basis of race, color, creed, religion, national origin,
gender (including pregnancy, childbirth, and related medical conditions)sex, marital
status, familial status, membership or activity in a local commission, sexual orientation or
identity, disability, age, status with regard to public assistance or veteran status. This
policy applies to all employees and includes, but is not limited to: recruitment, hiring,
placement, promotion, demotion or transfer, layoff, recall, termination, rates of pay or
other forms of compensation, and selection for training.
2.10 City Service
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. All newly hired employees will undergo a six (6) month probationary
period unless covered by a collective bargaining agreement stating a different time frame.
At the end of the probationary period, the City Administrator or Department Head;
subject to review by the City Council, will decide whether to extend the probation, lift the
probation, or terminate the position subject to review by the City Council. Once the
probation period ends, the employee will be considered a regular City employee and will
accrue benefits that the employee is entitled tobe able to utilize personal leave benefits.
A probationary period may be waived for promotions or other purposes at the discretion
of the City Council.
The City holds an `employment at will' policy. Employment may be terminated by either
the City or the employee at any time for any reason not contrary to law.
Changes to Employee Information
It is each employee's responsibility to notify the City with any change of status including
address, phone number, names of beneficiaries, marital status, etc.
Approved By: Medina City Council Date: December 20, 2005
2.10 City Service
Personnel Policy
MEDINA
2.12 Drug and Alcohol Testing
Purpose:
The purpose of this policy is to ensure a drug and alcohol free work environment and to
reduce and eliminate drug and alcohol related accidents, injuries, fatalities and damage to
City property resulting from the misuse of alcohol or use of controlled substances.
Policy:
Types of Testing. Employees are subject to drug and alcohol testing in the following
circumstances:
a. Job Applicant Testing. The City may require that all applicants who have
received conditional offers of employment undergo drug and alcohol
testing. A failure of the drug test, a refusal to take the test, or failure to
meet other conditions of the offer will result in a withdrawal of the offer of
employment even if the applicant's provisional employment has begun. A
negative or positive dilute test result, following a second collection, which
has been confirmed, will also result in immediate withdrawal of an offer of
employment to an applicant. If the offer of conditional employment is
subsequently withdrawn, the City will notify the applicant of the reason
for the withdrawal.
b. Routine Physical Examination Testing. Any employee may be required to
undergo drug and alcohol testing as part of a routine physical examination.
The drug or alcohol test will be requested no more than once annually and
the employee will be given at least two weeks' written notice that the test
shall be required as part of the examination.
c. Random Testing. An employee in a safety -sensitive position in which
impairment caused by drug or alcohol usage would threaten the health or
safety of any person may be required to undergo random drug and alcohol
testing. In addition, employees who are required to have a commercial
driver's license, are subject to random testing as required by federal law.
d. Reasonable Suspicion Testing. Any employee may be required to undergo
drug and alcohol testing if there is a reasonable suspicion that the
employee: (a) is under the influence of drugs or alcohol; or (b) has
violated the city's written work rules prohibiting the useefiga -ea i the
2.12 Drug and Alcohol Testing
i
use, possession, sale, or transfer of drugs or alcohol while the employee is
working or while the employee is on City property or operating a City
vehicle, machinery, or equipment; or (c) has sustained a personal injury
arising out of and in the course of employment, or caused another person
to sustain a personal injury, and although the employer does not specifically
suspect drug use, there is a reasonable possibility that drug use was a
contributing factor to the injury; or (d) has caused a work -related accident
or was operating or helping to operate machinery, equipment, or vehicles
involved in a work -related accident.
e. Treatment Program Testing. Any employee may be required to undergo drug
and alcohol testing if the employee has been referred by the City for
chemical dependency treatment or evaluation or is participating in a
chemical dependency treatment program under the City insurance, in
which case the employee may be requested or required to undergo drug or
alcohol testing without prior notice during the evaluation or treatment
period and for a period of up to two years following completion of any
prescribed chemical dependency treatment program.
Testing Procedure. Any department head or the City Administrator may order the drug
and alcohol testing. Before undergoing drug or alcohol testing, the employee shall
complete a form (1) acknowledging that the employee has seen a copy of the City's drug
and alcohol policy, and (2) indicating consent to undergo the drug and alcohol testing.
Testing Laboratory. A laboratory meeting all requirements of state law, including those
set forth in Minn. Stat. Sec. 181.953, shall handle all drug and alcohol testing.
Test Results. Within three days of obtaining the final test results, the testing laboratory
shall provide the City with a written report indicating the drug(s), alcohol, or their
metabolites tested for, the types of test conducted, and whether the test produced negative
or positive test results. Within three working days after receipt of the test result report,
the City shall inform the employee in writing of a negative test result on an initial
screening test, or of a negative or positive test result on a confirmatory test.
Rights of Employees and Job Applicants. Employees and applicants have a right to
request and receive a copy of the test result report. If an employee or applicant tests
positive for drug use, the City will give written notice of the right to explain the positive
test. Within three working days after notice of a positive test result on a confirmatory
test, the employee or applicant may submit information to the City to explain that result
or may, within five working days after notice of the positive test result, request a
confirmatory retest at the employee's or the applicant's own expense. If the confirmatory
retest does not confirm the original positive test result, the City will not take any adverse
personnel action against the employee or applicant based on the original confirmatory test
and will reimburse the employee for the expense of the retest.
2.12 Drug and Alcohol Testing
Consequences for Refusal to Test. Employees and job applicants have the right to
refuse to undergo drug and alcohol testing. However, failure to comply with the City's
drug and alcohol policy, and refusal to take a drug and alcohol test upon request shall
subject an employee to discipline, including discharge. If an applicant refuses to test, the
job offer will immediately be withdrawn.
Discipline. An employee who has a positive test result on a confirmatory test, when this
is the first such result for the employee, will be subject to discipline but shall not be
discharged unless (1) the employee has been given an opportunity to participate in either
a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as
determined by the City after consultation with a certified chemical use counselor or a
physician trained in the diagnosis and treatment of chemical dependency.; The certified
chemical use counselor or physician trained in the diagnoses and treatment of chemical
dependency will determine if the employee has followed the rehabilitation program as
prescribed; and (2) the employee has either refused to participate in the counseling or
rehabilitation program or has failed to successfully complete the program as evidenced by
withdrawal from the program before its completion or a positive test result on a
confirmatory test after completion of the program.
Participation in the specified program will be at the employee's own expense or pursuant
to coverage under the City's insurance. All other employees obtaining a positive test
result will be subject to discipline including discharge.
Nothing in this policy limits the right of the City to discipline or dismiss an employee on
grounds other than a positive confirmatory test result, including conviction of any criminal
drug statute for a violation occurring in the workplace or violation of other ECity personnel
policies.
Data Privacy
Test results and other information gathered under this policy will generally be treated as
private data on individuals. Positive results will typically be disclosed to the employee, the
employee's Department Head and the City Administrator. Beyond those on a need to know
basis in the city, Rresults will not be disclosed to others unless requested in writing by the
employee or required by law.
Approved By: Medina City Council Date: December 20, 2005
2.12 Drug and Alcohol Testing
Personnel Policy
MEDINA
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle
Operator
Purpose:
The purpose of this policy is to ensure a drug and alcohol free transportation and work environment
and to reduce and eliminate drug and alcohol related accidents, injuries, fatalities and damage to
City property resulting from the misuse of alcohol or use of controlled substances by drivers who
operate vehicles requiring a Commercial Driver's License.
Policy:
This policy applies to every City employee (full-time, part-time and temporary/seasonal, etc) or
applicant for employment in the case of pre -employment drug testing, who holds a Commercial
Driver's License (CDL) and who drives a Commercial Motor Vehicle (CMV).
This policy implements the drug and alcohol testing requirements of the U.S. Department of
Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA). It is in addition to
the City of Medina Drug and Alcohol Policy which is established under Minnesota state law and the
Drug Free Workplace Act of 1988.
It is the City's intention to comply fully with the DOT regulations. In the event DOT regulations
are amended, this policy and the requirements shall be deemed to have been amended automatically.
Redrafting will not be necessary in order to reflect and be in compliance with DOT regulations.
The City reserves the right to apply the amended requirements immediately, without giving prior
notice to employees and/or applicants who may be covered by this policy, unless such notice is
required by DOT or other applicable law.
I. DEFINITIONS
Definitions as used under this Policy set forth below and in greater detail in 49 CFR § § 40.3
and 382.107.
A. Driver
Any employee who holds a CDL and operates a CMV which falls under the specific
DOT criteria. This includes, but is not limited to, full-time, part-time,
seasonal/temporary, intermittent or occasional employees of the City. The word driver
and employee will be used throughout this policy interchangeably.
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
B. Accident
An occurrence involving a commercial motor vehicle operating on a public road which
results in:
1. A loss of human life; or
2. The employee receiving a citation under State or local law for a moving traffic
violation arising from the accident if the accident involved:
o Bodily injury to a person who as a result of the injury, immediately
receives medical treatment away from the scene of the accident;
and/or
o One or more motor vehicles incurring disabling damage as a result of
the accident, requiring the motor vehicle to be transported away from
the scene by a tow truck or other motor vehicle.
C. Breath Alcohol Technician (BAT)
An individual who instructs and assists individuals in the alcohol testing process and
operates an evidential breath testing device.
D. Commercial Motor Vehicle
CMV means a motor vehicle or a combination of motor vehicles used in commerce to
transport passengers or property if the motor vehicle:
o Has a gross combination weight rating of 26,001 or more pounds, inclusive of a
towed unit with a gross vehicle weight rating of more than 10,000; or
o Has a gross vehicle weight rating of 26,001 pounds or more; or
o Is designed to transport 16 or more passengers including the driver; or
o Is of any size and is used in the transportation of materials found to be for the
purposes of the Hazardous Transportation Act and which require the motor
vehicle to have a placard under the Hazardous Materials Regulations.
E. Confirmatory Test
Alcohol: A second test, following a screening test with a result of 0.02 or greater that
provides quantitative data of alcohol concentration.
$rugsControlled Substance: A second testing of the original test sample when the
initial test produces a positive test result.
F. Confirmatory Re -Test
A third testing of the original test sample when the confirmatory test produces a
positive test result. A confirmatory retest is done at the request and the expense of the
employee.
G. Controlled Substances/(Drugs)
For purposes of this policy, drug means a controlled substance. The term includes
prescribed drugs not legally obtained, prescribed drugs not being used for prescribed
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
purposes, and any prescribed drugs not taken in accordance with a prescription. In
other words, medications prescribed for someone other than the driver will be
considered unlawfully used under any circumstances. Pursuant to DOT regulations, all
DOT -required drug tests must test for the following substances identified in 49 CFR §
40.85: marijuana, cocaine, amphetamines, opiates (e.g. opium heroin, morphine or
codeine) and phencyclidine (i.e. PCP or "angel dust"). The City reserves its
independent authority and discretion to prohibit and test for other drugs.
H. Medical Review Officer (MRO)
A licensed physician responsible for receiving laboratory results generated by an
employer's drug testing program who has knowledge of substance abuse disorders and
has appropriate medical training to interpret and evaluate an individual's confirmed
positive test result, adulterated or substituted specimen, together with his/her medical
history and any other relevant biomedical information.
I. Refusal to Submit
Refusal to submit to an alcohol and/or a controlled substance test is considered when an
employee:
1. Fails to provide adequate breath for testing without a valid medical
explanation after he/she has received notice of the requirement for breath
testing;
2. Fails to provide adequate urine for controlled substances testing without a
valid medical explanation after he/she has received notice of the requirement
for urine testing; or
3. Engages in conduct that clearly obstructs the testing process, such as
providing an adulterated or substituted specimen.
J. Safety -Sensitive Function
All time from the time a CMV operator begins to work or is required to be in readiness
to work until the time he/she is relieved from work and all responsibility for performing
work and includes the following:
1. all time at a plant, terminal, facility, or other property waiting to be dispatched,
unless the driver has been relieved from duty by the supervisor;
2. all time inspecting equipment as required by the Federal Motor Carrier Safety
Administration, or otherwise inspecting, servicing, or conditioning any CMV
at any time;
3. all time spent at the driving controls of a CMV;
4. all time, other than driving time, spent on or in a CMV (except for time spent
resting in the sleeper berth);
5. all time loading or unloading a CMV, supervising, or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in
readiness to operate the vehicle, or in giving or receiving receipts for
shipments loaded or unloaded;
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
6. all time spent performing the driver requirements associated with an accident;
and
7. all time repairing, obtaining assistance, or remaining in attendance upon a
disabled vehicle.
K. Substance Abuse Professional (SAP)
A licensed physician or a licensed or certified psychologist, social worker, employee
assistance professional, or addiction counselor (certified by the National Association of
Alcoholism and Drug Abuse Counselors Commission) with knowledge of and clinical
experience in the diagnosis and treatment of alcohol and controlled substance -related
disorders.
II. PROHIBITIONS
An employee covered by this Policy shall not:
1. Report for duty, operate City vehicles, equipment or machinery, perform safety
sensitive functions, or remain on City property while having any detectable or
measurable amount of alcohol in his/her system or while under the influence of
illegal drugs;
2. Use, possess, sell, distribute, manufacture, or transport illegal drugs or alcohol while on
City property, while operating City equipment, or while on duty;
3. Consume alcohol within four hours before operating a City vehicle;
4. Attempt to perform job duties when taking medically prescribed drugs or other
substances which may alter job performance, unless the employee has been advised
by a licensed medical practitioner that the prescription drug will not adversely affect
the driver's ability to safely operate a CMV. If the prescription drug does affect
performance, the employee must notify his/her supervisor.
5. Refuse to submit to a required drug and/or alcohol test as required under this policy.
Any supervisor or manager who has actual knowledge that an employee has violated or
attempted to violate any of the above prohibitions shall not permit the employee to perform
any job duties, nor to remain on duty.
An employee found to be in violation of any of the provisions of this policy shall be subject
to discipline up to and including termination from employment. See section titled,
"Consequences for Employees Engaging in Prohibited Conduct" for more information.
III. TYPES OF TESTING
The City may test any applicant to whom a conditional offer of employment has been made
and may test any Driver for controlled substance and alcohol under any of the following
circumstances:
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
A. Pre -Employment Testing
The City will conduct pre -employment controlled substance testing of each
applicant for a Driver position after a conditional job offer has been made to the
applicant and prior to the first time a Driver performs a safety -sensitive function for
the City. A Driver may not perform safety -sensitive functions unless the Driver has
received a controlled substance test result from the Medical Review Officer
indicating a verified negative test result. As an alternative to pre -employment
controlled substance testing, the City may obtain information from the applicant's
previous employers certifying compliance with another DOT controlled substance
testing program. If requested, each applicant must execute a consent form
authorizing the disclosure of such information.
B. Post -Accident Testing
As soon as practicable following an accident involving a commercial motor vehicle
operating on a public road in commerce, the City will test for alcohol and controlled
substance of each surviving Driver:
1. Who was performing safety -sensitive functions with respect to the vehicle, if
the accident involved the loss of human life; or
2. Who receives a citation under state or local law for a moving violation arising
from the accident and one of the following two conditions is met:
a. the accident involved bodily injury to any person who, as a result of
the injury immediately receives medical treatment away from the
scene of the accident, or
b. one or more motor vehicles incurring disabling damage as a result of
the accident, requiring the motor vehicle to be transported away
from the scene by a tow truck or other motor vehicle.
A driver who is subject to post -accident testing must remain readily available for
such testing. Drivers not readily available for such testing may be deemed by the
City to have refused to submit to testing. This requirement to remain ready for
testing does not preclude a driver from leaving the scene of an accident for the
period necessary to obtain assistance in responding to the accident or to obtain
necessary medical care.
Drivers are required to submit to post -accident controlled substance testing as soon
as possible within thirty-two (32) hours of the accident. If the Driver is not tested
within thirty-two (32) hours after the accident, the City will cease its attempts to test
the Driver and prepare and maintain on file a record stating why the test was not
promptly administered.
Drivers are required to submit to post -accident alcohol testing as soon as possible
within two (2) hours, and in any event no more than eight (8) hours, after the
accident. After an accident, consuming alcohol is prohibited until the Driver is
tested. If the Driver is not tested within two (2) hours after the accident, the City
will prepare and maintain on file a record stating why the test was not administered
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
within that time. If the Driver is not tested within eight (8) hours after the accident,
the City will cease its attempts to test the Driver and prepare and maintain on file a
record stating why the test was not administered.
In the event of an accident, it is possible the Driver will be directed to submit to a
breath, blood, or urine test for the use of alcohol or controlled substance
administered by a federal, state, or local law enforcement officer. Whenever such a
test is conducted by a law enforcement officer, the Driver must contact the City and
immediately report the existence of the test, providing the name, badge number, and
telephone number of the law enforcement officer who conducted the test.
C. Random Testing
Every Driver will be subject to unannounced alcohol and controlled substance
testing on a random selection basis. Drivers will be selected for testing by use of a
scientifically valid method under which each Driver has an equal chance of being
selected each time selections are made. These random tests will be conducted
throughout the calendar year. Each Driver who is notified of selection for random
testing must cease performing safety -sensitive functions (other than driving a
commercial motor vehicle) and report to the designated test site immediately. It is
mathematically possible that Drivers may be selected for more than one (1) random
test per year, and others not at all.
If a Driver is selected for a random test while he or she is absent, on leave or away
from work, that Driver will be required to undergo the test when he or she returns to
work.
At this time, federal law requires the City to test at a rate of at least twenty-five
percent (5025%) of its average number of Drivers for controlled substance each
year, and to test at a rate of at least ten percent (10%) of its average number of
Drivers for alcohol each year. These minimum testing rates are subject to change by
the DOT.
D. Reasonable Suspicion Testing
When the City has reasonable suspicion to believe the Driver has engaged in
conduct prohibited by federal law, the City must require the Driver to submit to an
alcohol or controlled substance test. Alcohol testing will occur while the Driver is
performing safety -sensitive functions, just before the Driver is to perform safety -
sensitive functions, or just after the Driver has ceased performing such functions.
The City's determination that reasonable suspicion exists to require the Driver to
undergo an alcohol test will be based on specific contemporaneous, articulable
observations concerning the appearance, behavior, speech or body odors of the
Driver made during, just preceding, or just after the period of the work day that the
Driver is required to be in compliance with this policy. In the case of controlled
substance, the observations may include indications of the chronic and withdrawal
effects of a controlled substance.
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
The required observations for reasonable suspicion testing will be made by a
Supervisor or other person designated by the City who has received appropriate
training in identification of actions, appearance and conduct or a Driver which are
indicative of the use of alcohol or controlled substance. These observations will be
reflected in writing on a Reasonable Suspicion Record Form. The person who
makes the determination that reasonable suspicion exists to conduct an alcohol test
will not conduct the alcohol test of the Driver, which shall instead be conducted by
another qualified person.
If a reasonable suspicion alcohol test is not administered within two (2) hours
following the determination of reasonable suspicion, the City will prepare and
maintain on file a record stating the reasons the alcohol test was not promptly
administered. If a reasonable suspicion alcohol test is not administered within eight
(8) hours following the determination of reasonable suspicion, the City will prepare
and maintain on file a record stating the reasons the alcohol test was not
administered, and will cease attempts to conduct the alcohol test. If a reasonable
suspicion controlled substance test is not administered within thirty-two (32) hours
following the determination of reasonable suspicion, the City will cease attempts to
administer a controlled substance test and will prepare a record stating the reasons
for not administering the test.
Notwithstanding the absence of a reasonable suspicion test, no Driver may report for
duty or remain on duty requiring the performance of safety -sensitive functions while
the Driver is under the influence of or impaired by alcohol, as shown by the
behavioral, speech, and performance indicators of alcohol use, nor will the City
permit the Driver to perform or continue to perform safety -sensitive functions until
(1) an alcohol test is administered and the Driver's alcohol concentration is less than
.02; or (2) twenty-four (24) hours have elapsed following the determination of
reasonable suspicion.
E. Return -to -Duty Testing
The City reserves the right to impose discipline against Drivers who violate
applicable FMCSA rules or this policy, subject to applicable personnel and
collective bargaining agreements. Except as otherwise required by law, the City is
not obligated to reinstate or requalify such Drivers.
Should the City consider reinstatement of such a Driver, the Driver must undergo a
Substance Abuse Professional ("SAP") evaluation and participate in any prescribed
education/treatment, and successfully complete return -to -duty alcohol test with a
result indicating an alcohol concentration of less than 0.02 if the conduct involved
alcohol, and/or a controlled substance test with a verified negative result if —the
conduct involved a controlled substance, before the Driver returns to duty requiring
the performance of a safety -sensitive function. The SAP determines if the driver has
completed the education/treatment as prescribed.
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
The employee is responsible for paying for all costs associated with the return -to -
duty test. The controlled substance test will be conducted under direct observation.
F. Follow -Up Testing
The City reserves the right to impose discipline against Drivers who violate
applicable FMCSA rules, subject to applicable personnel policies and collective
bargaining agreements. Except as otherwise required by law, the City is not
obligated to reinstate or requalify such Drivers.
Should the City reinstate a Driver following determination by a Substance Abuse
Professional that the Driver needs assistance to resolve problems associated with
alcohol use and/or use of controlled substance, the City will ensure that the Driver is
subject to unannounced follow-up alcohol and/or controlled substance testing. The
number and frequency of such follow-up testing will be directed by the Substance
Abuse Professional and consist of at least (6) tests in the first twelve (12) months
following the Driver's return to duty. Follow-up testing will not exceed sixty (60)
months from the date of the Driver's return to duty. Follow-up alcohol testing will
be conducted only when the Driver is performing safety -sensitive functions, just
before the Driver is to perform safety -sensitive functions, or just after the Driver has
ceased performing safety -sensitive functions. The SAP may terminate the
requirement for follow-up testing at any time after the first six tests have been
administered, if the SAP determines such test is no longer necessary. The employee
is responsible for paying for all costs associated with follow-up tests.
IV. COLLECTION AND TESTING PROCEDURES
A. Alcohol Testing
Employees will be tested for alcohol just before, during, or immediately following
performance of a safety -sensitive function. Screening tests for alcohol concentration
will be performed utilizing a non -evidential screening device included by the
National Highway Traffic Safety Administration on its conforming products list (e.g.
, a saliva screening device) or an evidential breath testing device (EBT) operated by
a trained breath alcohol technician (BAT) at a collection site. All confirmation tests
will be conducted in a location that affords privacy to the Driver being tested, unless
unusual circumstances (e.g. when it is essential to conduct a test outdoors at the
sense of an accident) make it impracticable to provide such privacy.
If a breath test is being conducted, and a Driver does not provide a sufficient amount
of breath to permit a valid breath test, the collector will instruct the Driver the proper
way to provide sufficient amount of breath, and ask the Driver to attempt to provide
a sufficient amount of breath a second time. If the Driver again attempts and fails to
provide a sufficient amount of breath, the collector may provide another opportunity
for the Driver to do so if the collector believes there is a strong likelihood that
another opportunity could result in a sufficient amount of breath. The collector may
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
then change to a saliva alcohol screening test, if the collector is qualified to provide
such a test. If none of these procedures result in a sufficient amount of breath for an
alcohol test, the Driver must obtain, within five days, a written evaluation from a
licensed physician acceptable to the City who has expertise in the medical issues
raised by the employee's failure to provide a sufficient specimen for testing. If the
licensed physician concludes that a medical condition has, or with a high degree of
probability could have, precluded the Driver from providing a sufficient specimen,
the City will consider the test to be canceled. If the licensed physician cannot make
such a determination, the City will consider the Driver to have refused to engage in
the testing process, and will take appropriate disciplinary action under this policy.
If the collector is utilizing a saliva alcohol test, and the employee is unable to
provide sufficient saliva to complete the test on a saliva screening device, the
collector will conduct a new screening test using a new screening device. If the
employee has not provided a sufficient amount of saliva to complete the new test, the
collector will arrange to administer an alcohol test to the employee using a breath
testing device.
B. Controlled Substance Testing
The City will use a "split urine specimen" collection procedure for controlled
substance testing. Collection of urine specimens for controlled substance testing will
be conducted by an approved collector and will be conducted in a setting and manner
calculated to ensure the Driver's privacy. The collection facility will be responsible
for maintaining a proper chain of custody for delivery of the sample to a DIMS —
certified laboratory for analysis. The laboratory will retain a sufficient portion of
any positive sample for testing and store that portion in a scientifically -acceptable
manner for a minimum of twelve (12) months.
If an employee fails to provide a sufficient amount of urine to permit a controlled
substance test (45 milliliters of urine), the collector will discard the insufficient
specimen, unless there is evidence of tampering with that specimen. The collector
will urge the Driver to drink up to 40 ounces of fluid, distributed reasonably for a
period of up to three hours, or until the Driver has provided a sufficient urine
specimen, whichever occurs first. If the Driver has not provided a sufficient
specimen within three hours of the first unsuccessful attempt, the collector will cease
efforts to attempt to obtain a specimen. The Driver must then obtain, within five
working days, an evaluation from a licensed physician, acceptable to the MRO, who
has expertise in the medical issues raised by the employee's failure to provide a
sufficient specimen. If the licensed physician concludes that a medical condition
has, or with a high degree of proabilityprobability could have, precluded the Driver
from providing a sufficient amount of urine, the City will consider the test to have
been canceled. If a licensed physician cannot make such a determination, the City
will consider the Driver to have engaged in a refusal to test, and will take appropriate
disciplinary action under this policy.
C. Chain of Custody and Confidentiality of Test Results
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
All controlled substance and alcohol testing will be performed in compliance with
applicable law, including use of an appropriately -licensed urine testing laboratory
which observes applicable control and custody procedures. The City will use
procedures to test for the presence of alcohol and controlled substance in order to
protect the Driver and the integrity of the testing process, safeguard the validity of
the test results, and ensure that test results are attributed to the correct Driver. All
reports of tests will be kept in the strictest confidence by the laboratory and provided
only to the City and the City's MRO, unless the Driver provides written consent or
disclosure is otherwise permitted or required by law.
D. Review by Medical Review Officer (MRO)
The Medical Review Officer (MRO) is a licensed physician with knowledge and
clinical experience in substance abuse disorders, and is responsible for receiving and
reviewing laboratory results of the controlled substances test as well as evaluating
medical explanations for certain drug test results. Results of controlled substance
tests will be sent by the testing laboratory to an independent Medical Review Officer
(MRO) selected by the City. The MRO is responsible for performing many
functions, including reviewing and interpreting test results, reviewing the Driver's
medical history to explain a positive test result, and notifying Drivers of confirmed
positive test results. Drivers who have been tested for controlled substances must
remain available following the test to be contacted by the MRO.
Prior to making a final decision to verify a positive test result, the MRO will give the
individual an opportunity to discuss the test result. The MRO, or a staff person
under the MRO's supervision, will contact the individual directly, on a confidential
basis, to determine whether the individual wishes to discuss the test result. If the
individual wishes to discuss the test result:
1. The individual may be required to speak and/or meet with the MRO, who will
review the individual's medical history, including any medical records
provided;
2. The individual will be afforded the opportunity to discuss the test results and to
offer any additional or clarifying information which may explain the positive
test result;
3. If there is some new information which may affect the original finding, the
MRO may request the laboratory to perform additional testing on the
original specimen in order to further clarify the results; and
4. A final determination will be made by the MRO that the test is either positive or
negative, and the individual will be so advised.
If the MRO determines that there is a legitimate medical explanation for a confirmed
positive test result, the MRO will report the test result to the City as negative. If the
MRO determines that there is no legitimate medical explanation for a confirmed
positive test result, the MRO will report the positive test result to the City in
accordance with DOT regulations. Based on a review of laboratory reports, quality
assurance and quality control data, and other controlled substance test results, the
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
MRO may conclude that a particular confirmed positive controlled substance test
result is scientifically insufficient for further action. Under these circumstances, the
MRO will conclude that the test is negative for the presence of controlled substances
or controlled substance metabolites in a Driver's system.
E. Notification of Test Results
1. Job Applicants
The City will notify an applicant of the results of a pre -employment
controlled substance test if the applicant requests such test results within
sixty (60) calendar days of being notified of the disposition of the applicant's
employment application.
2. Employees
The City will notify a Driver of the results of random, reasonable, suspicion,
and post -accident tests for controlled substance if the test results are verified
positive, and will inform the Driver which controlled substance or
substances were verified as positive. Results of alcohol tests will be
immediately available from the collection agent.
3. Right to Confirmatory Retest
Within seventy-two (72) hours after receiving notice of a positive controlled
substance test result, an applicant or Driver may request through the MRO a
confirmatory retest of the Driver's split specimen. Action required by
federal regulation as a result of a positive controlled substance (e.g. removal
from safety -sensitive functions) will not be stayed during retesting of the
split specimen. If the result of the confirmatory retest fails to reconfirm the
presence of the controlled substance(s) or controlled substance metabolite(s)
found in the primary specimen, or if the split specimen is unavailable,
inadequate for testing or untestable, the MRO will cancel the test. Drivers
will be reimbursed for any pay lost if taken out of service based upon a
positive test result which is later negated by a confirmatory retest, and no
adverse personnel action will be taken against the Driver or job applicant
based on the original test.
4. Dilute Specimens
a. Dilute Positives. If the City receives information that a Driver has
provided a dilute positive specimen, the City will consider the
employee to have tested positive under this policy.
b. Dilute Negatives. If a Driver provides a dilute negative specimen, the
City will direct the Driver to take a second screening test. The
second screening test will be performed as soon as possible after the
City receives word of the dilute negative specimen.
V. REFUSAL TO SUBMIT TO A TEST
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
Drivers and applicants have the right to refuse to submit to an alcohol or controlled
substance test. If a Driver or applicant refuses, no test will be conducted. However, such a
refusal by a Driver will be considered a positive test result, will cause disqualification from
performing safety sensitive functions, and will result in discipline pursuant to this policy. If
an applicant refuses to submit to pre -employment testing, any conditional offer of
employment will be withdrawn.
VI. CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT
A. Job Applicants. The City's conditional offer of employment will be withdrawn from
any job applicant who refuses to be tested or tests positive for a controlled substance
pursuant to this policy.
B. Removal from Safety -Sensitive Function. Employees shall not be permitted to perform
safety -sensitive functions; Federal Highway Administration (FHWA) rules require
that in the event of an alcohol test result over .02 but less than 0.04, an employee
shall not be permitted to perform safety -sensitive functions for at least 24 hours.
C. Notification of Resources. The City shall advise employees of the resources available to
them in evaluating and resolving problems associated with misuse of alcohol or use
of controlled substances.
D. Evaluation and Return to DutyFollow up Testing. Employees shall be evaluated by a
professional shall determine what assistance, if any, the employee needs in resolving
problems associated with alcohol misuse and/or controlled substance use. In
associated with alcohol or controlled substances shall be evaluated by a substance
abuse professional to determine that the employee has followed the rehabilitation
program prescribed. Should the City wish to consider reinstatement of a driver who
engaged in conduct prohibited by federal law and/or who had a positive alcohol or
controlled substance test, the driver must undergo a SAP evaluation, participate in
any prescribed education/treatment, and successfully complete return -to -duty alcohol
test with a result indicating an alcohol concentration of less than 0.02 and/or or a
controlled substance test with a verified negative result, before the driver returns to
duty requiring the performance of a safety -sensitive function. The SAP will
determine what assistance, if any, the driver needs in resolving problems associated
with alcohol misuse and controlled substance use and will ensure the driver properly
follows any rehabilitation program and submits to unannounced follow-up alcohol
and controlled substance testing.
E. Follow -Up Testing. If the driver passes the return -to -duty test, he/she will be subject
to unannounced follow-up alcohol and/or controlled substance testing. The number
and frequency for such follow-up testing will be as directed by the SAP and will
2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operation
consist of at least six tests in the first twelve months. These tests will be conducted
under direct observation.
EF. Cost of Evaluation and Rehabilitation. Participation in an evaluation and counseling or
rehabilitation program (including services provided by a Substance Abuse
Professional) recommended or required by the City or FMCSA or DOT rules, except
to the extent that such expense is covered by an applicable employee benefit plan or
imposed on the City pursuant to a collective bargaining agreement, will be at the
employee's own expense, or pursuant to coverage under the employee's benefit plan.
F. Return to Duty. Before an employee returns to duty requiring performance of a safety
sensitive function he/she shall undergo a return to duty test with a result indicating a
ti Iffeath-aleehel-level-ef-less-thart-0442-i-f-the conduct involved alcohol, or a controlled
substance use. The employee shall also be subject to unannounced follow up
This testing shall be as directed by the substance abuse professional and federal law.
Approved By: Medina City Council Date: December 20, 2005
2.16 Drug and Alcohol Testing - Commercial Motor Vehicle Operation
Personnel Policy
MEDINA
2.20 Employment of Relatives
Purpose:
To define the employment practices of an employee's immediate family members.
Policy:
The City prohibits the employment of two members from the same immediate family
under any one of the following circumstances:
• Where one employee will supervise another member of his/her immediate family.
• Where confidentiality of the City would be compromised.
The term "immediate family" is defined in this policy as any two or more individuals
who reside in the same dwelling unit or who are related by blood, marriage, or adoption
where one of the individuals is the spouse, parent, grandparent, child, brother, or sister of
the other.
This policy shall not apply to the hiring of part-time, seasonal or temporary employees.
Approved By: Medina City Council Date: December 20, 2005
2.20 Employment of Relatives
Personnel Policy
MEDINA
2.30 Attendance and Hours of Work
Purpose:
The City recognizes the need for its offices to be open consistently at designated work
hours during the day to provide service to the general public. The City expects
employees to be at their jobs during designated minimum work hours. The operations and
standards of service in the City of Medina require that employees be at work unless valid
reasons warrant absence or an employee has a position that has been approved to work
remotely. In order for a team to function efficiently and effectively, employees must fully
understand the goals that have been set for them and the time required to be on the job.
Understanding attendance requirements is an essential function of every eCity position.
Policy:
1. Office Hours — The normal office hours of Medina City Hall shall consist of eight (8)
hours, beginning at 8:00 a.m. and ending at 4:30 p.m., Monday through Friday.
Department heads shall ensure that City Hall is staffed appropriately during
normal office hours.
2. Work Schedules - Work schedules of the department heads shall be established by the
City Administrator. Work schedules for all other personnel shall be established by
the appropriate department head with the approval of the City Administrator.
Full-time employees will work at least forty (40) hours each week. The normal
work week for regular full-time non-exempt employees shall be defined as five
(5) eight (8) —hour working days including two (2) fifteen (15) minute breaks per
eight (8) hour shift and excluding a thirty (30) minute lunch break, Monday
through Friday, except as otherwise established by a department head in
accordance with custom and needs of the department, or as otherwise defined by a
bargaining unit agreement.
• Rest Periods - Every employee working an eight (8) hour shift, when working
under conditions where a break period is practicable, shall be granted a fifteen
(15) minute break period in each half of the employee's 8 hour shift. Each
department head shall schedule rest periods so as not to interfere with work
requirements. An employee may choose to combine the meal and rest period, if
permitted by the department head.
3. Pay Period - For the purpose of determining pay periods and overtime pay, the work
week shall be from 12:01 a.m., Sunday to 12:00 a.m. (midnight), Saturday.
2.30 Attendance and Hours of Work
Personnel Policy
MEDINA
4. Nursing Mothers - In accordance with state law, employees who are nursing mothers
will be provided reasonable unpaid break time for the purpose of expressing milk.
The eCity will provide a room other than a bathroom as close as possible to the
employee's work area, that is shielded from view and free from intrusion from
coworkers and the public and includes access to an electrical outlet, where the
nursing mother can express milk in private.
Approved By: Medina City Council Date: December 20, 2005
2.30 Attendance and Hours of Work
Personnel Policy
MEDINA
2.40 Employee Training and Development
Purpose:
To provide for training and development opportunities for City employees.
Policy:
An employee's supervisor and/or department head may authorize employees to attend
conferences, workshops, or other sessions that are job related at City expense.
Attendance at these conferences is considered as time on duty for purposes of
compensation. Time spent outside the employee's work schedule for attendance at non -
mandatory conferences and workshops and for travel is not time on duty for purposes of
compensation.
Approved By: Medina City Council Date: December 20, 2005
2.40 Employee Training and Development
Personnel Policy
MEDINA
2.50 Discipline & Corrective Action
Purpose:
The City expects professionalism of its employees. This policy defines measures of
disciplinary and corrective actions when an employee fails to fulfill duties and
responsibilities at the level required, or when these policies and/or work rules, as may be
defined by City management personnel and the City Council, are violated. This policy is
not to be construed as contractual terms and is intended to serve only as a guide for
employment discipline
Policy:
1. At -Will Employment
All employees covered by the Personnel Policy are employees at will who may be
discharged at any time for any reason not contrary to law. There is no guarantee of
continued employment to any employee.
2. Reasons for Discipline
Examples of instances in which an employee will face discipline shall include, but not
be limited to, the following conduct. The fact that specific conduct is not included in
the following list shall not limit the City from taking action that it deems appropriate
for any other offenses.
a. Incompetence, inefficiency, negligence, dishonesty, or any failure to responsibly
fulfill and perform the duties and responsibilities of the position held.
b. Falsification of personnel records, time sheets or other City records or reports or
engaging in deception, fraud, or misrepresentation in the employment
application, examination, and/or selection process by omitting information or
furnishing false, misleading, or fraudulent information, education credentials,
certificate and/or license.
c. Inability or unwillingness to perform the essential functions of the position, with
or without reasonable accommodation.
d. Violation of any provisions of the Personnel Policy, departmental work rules,
safety rules, or other City policies and ordinances.
e. Harassment or discrimination based upon race, color, creed, religion, national
origin, gender (including pregnancy, childbirth, and related medical
conditions)sex, marital status, familial status, membership or activity in a
local commission, sexual orientation or identity, disability, age, status with
regard to public assistance or veteran status.
£ Willful violation of any lawful regulation or order or failure to obey any lawful
2.50 Discipline & Corrective Action
direction given by a supervisor where such violation or failure to obey
amounts to an act of insubordination.
g. Carelessness, negligence or inappropriate use or control of City property and/or
equipment.
h. Theft or intentional destruction of City property or another employee's property.
i. Being under the influence of alcohol or a controlled substance while on duty.
j. Inducing or attempting to induce any employee of the City to commit an unlawful
act or to act in violation of an official regulation or order.
k. Conviction of a felony or gross misdemeanor or a misdemeanor involving moral
turpitude which affects the performance of assigned responsibilities or would
impair the safe, efficient or effective operation of the department to which the
employee is assigned.
1. Accepting any fee, gift or other valuable item or service in the course of work or
in connection with it, from any person for personal use, when such a fee, gift,
item or service is given in the hope or expectation of receiving a favor or
better treatment than accorded other persons.
m. Tardiness and/or absenteeism in reporting for scheduled duty, without permission
from an authorized supervisory employee or Department head, or abuse of
sick leave.
n. Sleeping on the job during paid work hours.
o. Possession of a firearm in a City vehicle or while on City premises, except for
sworn police officers or other City employees acting within the scope of their
employment.
p. Excessive use of force, threatening or abusive behavior or an act of brutality or
cruelty toward others.
q. Offensive or inappropriate conduct or language toward fellow employees and/or
other persons.
r. Using, threatening to use, or attempting to use political influence or attempting to
exert unethical pressure on any City employee or officer in securing a
promotion, transfer, leave of absence, increased compensation, or other
favors.
s. Engaging during scheduled work hours in any form of political activity.
t. Acting in a manner not here and above specified which tends to lower discipline
or morale within the City, embarrasses the City, serves as conduct
unbecoming of a City employee, or that adversely affects the rendering of
prompt, courteous, and efficient service by the City and its employees to the
public.
3. First Amendment Rights
Engaging in speech protected by the First Amendment is not a basis for discipline.
4. Disciplinary and Corrective Action
The City may, at its sole discretion, take any of the following actions, in any order,
including, but not limited to:
a. Oral Reprimand: a discussion with the employee's Dep.' ment head or City
2.50 Discipline & Corrective Action
Administrator with the employee advising the employee of the inappropriate
conduct and expected corrective action. The oral warning shall be
documented and put in the employee's personnel file.
b. Written Reprimand: issued to the employee by the Department head or the City
Administrator which describes the inappropriate conduct and the behaviors to
be corrected, reviews any past action taken to correct the problem, states the
desired goals of outcomes for the future and outlines subsequent disciplinary
action should the problem continue. A copy of the written reprimand will be
placed in the employee's personnel file.
c. Suspension : An employee may be suspended with or without pay
upon the recommendation of the Department head or City Administrator for a
period not to exceed ten (10) working days. A recommendation for
suspension without pay beyond ten working days is at the sole discretion of
the City Council. Qualified veterans who have completed their initial
probationary period will not be suspended without pay in conjunction with a
termination.
d. Salary: An employee's merit increase may be withheld or their salary
may be decreased upon recommendation of the Department head, subject to
approval by the City Administrator. In no case shall an employee's salary be
decreased below the minimum of their assigned pay range. A written notice
of the employee's salary, indicating the reason(s), shall be placed in the
employee's personnel file.
e. Involuntary Demotion: An employee may be demoted or transferred if he/she
fails to meet the standards expected at a higher classification or for
disciplinary reasons and the demotion or transfer will be upon the
recommendation of the City Administrator, subject to the approval of the City
Council. A written notice indicating the reasons of the demotion or transfer
shall be placed in the employee's personnel file.
£ Dismissal: Dismissal is the permanent separation of the employee from City
employment. Recommendations for dismissal shall come from the City
Administrator, subject to the approval of the City Council. The
recommendation shall contain the reasons why it is necessary for the
employee to separate from the City. A written notice of dismissal, indicating
the reason(s), shall be placed in the employee's personnel file.
5. Grievance
A terminated or disciplined employee may use the grievance procedure of Section
2.60 of the Personnel Policy with respect to any disciplinary action.
6. Notification
In the instances where the employee is an honorably discharged veteran, who has
2.50 Discipline & Corrective Action
completed his/her initial probationary period, a written notice must be provided
stating the intent to demote or dismiss. This notice must inform the veteran of their
right to request a hearing within 69 thirty -(30) days of the notice.
Under Minn. Stat. 181.933, an employee who has been terminated may request a
written explanation of the reasons for termination. This request must be submitted in
writing to the immediate supervisor, department head, or Appointing Authority within
15 working days after the termination. The City must respond within 10 working
days after receiving the request.
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010
2.50 Discipline & Corrective Action
Personnel Policy
MEDINA
2.60 Grievances
Purpose:
It is the policy of the City, insofar as when possible., to prevent the occurrence of
grievances and to deal promptly with those which occur meanwhile facilitating
communication and giving employees an opportunity to be heard.
Policy:
General Provisions
• A grievance is a dispute or disagreement raised by a regular employee against the
City, a Department head, or other employee because of an interpretation or
application of the specifics provision of this policy or disciplinary action.
• This grievance process is available to all regular full-time and part-time non-
union employees who have successfully completed their probationary period.
Probationary employees do not have access to the grievance procedure.
• In no case shall this grievance procedure be applicable to any employee who is
covered by a labor agreement.
• In order to submit a grievance, steps must be taken in order or the grievance shall
be considered waived.
• The submitted grievance shall be submitted in whole from the beginning of Step 1
and cannot be changed during the grievance process.
• An employee may only submit one (1) grievance on any one (1) complaint.
• The grievance shall be submitted in the time allotted. If it is not submitted within
the ten (10) day time limit in Step 1, the grievance shall be waived.
• Extensions on time allotments in this policy shall be allowed only on the terms of
mutual agreement of the employee and the authority involved in the current step.
Step 1
An employee must bring a written grievance to the attention of the Department head
within ten (10) calendar days of its occurrence. When bringing a grievance to the
Department head's attention, the employee must submit a written statement giving the
nature of the grievance, the facts on which it is based, the date at which the incident
occurred, the provision(s) of the personnel policies that were allegedly violated, and the
remedy requested by the employee. Once the Department head receives the grievance,
the Department head has ten (10) calendar days to discuss the grievance with the
employee and provide the employee with a response. If the employee who submitted the
grievance is not satisfied with the resolution or the ten (10) calendar days expire without
a resolution, the grievance process shall continue to Step 2.
2.60 Grievances
Step 2
A grievance not resolved in Step 1 may be appealed in writing by the employee to Step 2
to the City Administrator. An employee must bring a grievance to the attention of the
City Administrator within seven (7) calendar days of the completion of Step 1. The
employee must submit a written statement to the City Administrator giving the nature of
the grievance, the facts, the date at which the incident occurred, the provision(s) of the
personnel policies that were violated, and the remedy requested by the employee. The
City Administrator shall provide a written response to the employee within seven (7)
days after receipt of the written grievance. If the employee who submitted the grievance
is not satisfied with the resolution or the seven (7) calendar days expire without a
resolution, the grievance process shall continue to Step 3.
Step 3
If Step 2 does not resolve the grievance, only then shall Step 3 be followed. The
employee shall bring the grievance before the City Council at the next regularly
scheduled meeting after the completion of Step 2. The City Council has the final
authority on the grievance and it cannot be appealed after the Council's ruling, unless
otherwise allowed under state law.
Approved By: Medina City Council Date: December 20, 2005
2.60 Grievances
Personnel Policy
MEDINA
2.70 Personnel Record
Purpose:
To define public information and private information on employees as governed by the
Minnesota Government Data Practices Act.
Policy:
The City of Medina shall maintain a personnel record for each employee that includes
public and private information. Public information will be released to anyone upon
request. Private information may only be released upon the permission (signed written
release) of the employee (data subject).
Personnel data under the Minnesota Government Data Practices Act is private unless
designated as public. Public personnel data is defined under statute to includes:
• Name
• Employee identification number.
• Actual gross salary.
• Salary range.
• Terms and conditions of employment relationship.
• Contract fees.
• Actual gross pension.
• The value and nature of employer paid fringe benefits.
• Job title.
• Bargaining unit.
• Education and training background.
• Previous work experience.
• Date of first and last employment.
• Work location.
• Work telephone number.
• Badge number.
• Honors and awards received.
• Work -related continuing education.
• Actual gross pension.
• Job description.
• Value/nature of employer paid benefits.
• Basis for and amount of any compensation in addition to salary (including
expense reimbursement).
2.70 Personnel Record
" P a y r o l l t i m e s h e e t s o r o t h e r c o m p a r a b l e d a t a u s e d t o a c c o u n t f o r a n e m p l o y e e ' s
w o r k t i m e f o r p a y r o l l p u r p o s e s , a s l o n g a s t h e d a t a d o e s n o t r e v e a l t h e e m p l o y e e ' s
r e a s o n f o r u s i n g s i c k o r o t h e r m e d i c a l l e a v e o r o t h e r d a t a w h i c h a r e n o t p u b l i c ) .
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o r n o t a n y d i s c i p l i n a r y a c t i o n i s t a k e n ( " R e l e a s e o f D i s c i p l i n a r y I n f o r m a t i o n " i s
f u r t h e r d e f i n e d u n d e r t h e M i n n e s o t a G o v e r n m e n t D a t a P r a c t i c e s A c t ) .
" F i n a l d i s p o s i t i o n o f a n y d i s c i p l i n a r y a c t i o n , t h e r e a s o n s f o r t h e a c t i o n a n d d a t a
d o c u m e n t i n g t h e b a s i s f o r t h e a c t i o n , e x c l u d i n g d a t a t h a t w o u l d i d e n t i f y
c o n f i d e n t i a l s o u r c e s w h o a r e e m p l o y e e s o f t h e p u b l i c b o d y ( " R e l e a s e o f
D i s c i p l i n a r y I n f o r m a t i o n " i s f u r t h e r d e f i n e d u n d e r t h e M i n n e s o t a G o v e r n m e n t
D a t a P r a c t i c e s A c t ) .
" T e r m s o f a n y a g r e e m e n t s e t t l i n g a n y d i s p u t e a r i s i n g o u t o f a n e m p l o y m e n t
r e l a t i o n s h i p .
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a s , a n u n d e r c o v e r l a w e n f o r c e m e n t o f f i c e r i s p r i v a t e d a t a . O n c e t h e i n d i v i d u a l i s n o
l o n g e r a s s i g n e d t o a n u n d e r c o v e r p o s i t i o n , t h e s a m e d a t a t h a t i s p u b l i c o n o t h e r
e m p l o y e e s b e c o m e s p u b l i c u n l e s s t h e c i t y d e t e r m i n e s t h a t r e v e a l i n g t h e d a t a w o u l d
t h r e a t e n t h e p e r s o n a l s a f e t y o f t h e o f f i c e r o r j e o p a r d i z e a n a c t i v e i n v e s t i g a t i o n .
T h e C i t y s h a l l t r e a t m e d i c a l d a t a t h a t i t r e c e i v e s i n a s s o c i a t i o n w i t h a w o r k e r s '
c o m p e n s a t i o n c l a i m a s p r i v a t e d a t a .
E m p l o y e e s m a y e x a m i n e t h e i r o w n i n d i v i d u a l p e r s o n n e l f i l e s a t r e a s o n a b l e t i m e s u n d e r
t h e d i r e c t s u p e r v i s i o n o f t h e C i t y d e s i g n a t e d H u m a n R e s o u r c e O f f i c e r ( s ) .
A p p r o v e d B y : M e d i n a C i t y C o u n c i l D a t e : D e c e m b e r 2 0 , 2 0 0 5 ; A m e n d e d D e c e m b e r
2 1 , 2 0 1 0
2 . 7 0 P e r s o n n e l R e c o r d
Personnel Policy
MEDINA
2.80 Inability to Perform Essential Functions
Purpose:
The City is required to comply with various laws and policies regarding injuries sustained
by members of its workforce, and desires to establish procedures for reporting and
complying with such laws.
Policy:
1. The City is required to comply with various laws and policies including, but not
limited to, Worker's Compensation, Americans with Disabilities Act, F.,, ily Modiea
Leave Act, and various City of Medina personnel policies. Working within those
laws and policies, the City will generally follow the procedures outlined below when
an employee has a medical condition (work related or non -work related) and is
limited in their ability to perform the essential functions of their position.
a. The employee must provide their department head written information from an
appropriate physician explaining the reason, in sufficient detail, for the limitation,
the expected duration of the limitation, and what, if any, accommodation needs to
be made. If appropriate, the City may require that the employee see another
physician of the City's choosing to verify corroborate the original diagnosis.
b. The department head will review the physician's report and discuss the matter
with the employee to determine if the limitations can be reasonably
accommodated within the employee's existing job. If they can, the employee will
return to that position.
c. If the employee cannot perform the essential duties of their position due to the
limitation, the City will consider the employee for other positions in the City
where vacancies exist or a need arises, provided the employee has the
qualifications to perform the duties of the positions and reasonable
accommodation can be made.
d. In accordance with ADA guidelines, the City will make reasonable
accommodations for employees with limitations both in their current job and in
jobs they are applying for.
2.80 Inability to Perform Essential Functions
e. When the limitation is temporary and suitable work is not available, the employee
will not report for duty until the limitation is ended or suitable work is available.
The City will assist the employee in researching what resources may be available
to them including Workers Compensation, sick leave, long term disability
program, Family Medical Leave Act, etc.
f. If the limitation is permanent and no suitable work is available, the employee may
be terminated. If they wish, the employee may use their vacation, holiday, and
sick leave accrual before the termination becomes effective. The City will assist
the employee in researching what resources may be available to them such as
benefit calculation, long term disability, retirement benefits, etc.
2. If there is limited light duty work available, the City may give preference to the
employees who sustained an injury on duty as compared to an employee who
sustained the injury while off -duty.
Approved By: Medina City Council Date: December 20, 2005
2.80 Inability to Perform Essential Functions
Personnel Policy
MEDINA
2.90 Workers Compensation
Purpose:
To define the process for an employee reporting an injury on the job.
Policy:
1. When an employee is injured on the job, they must report the incident immediately to
their Department head or supervisor., and The Department head or supervisor must
complete a written report entitled "First Report of Injury" must be completed, which
provides all known details and circumstances pertaining to the injury and the names
of all and any witnesses. The report must be filed with the City's Workers'
Compensation Administrator within 10 3 days of the date the City first had
knowledge of the claimed injury.
2. The Department head or supervisor must also complete the "Supervisor's Report of
Accident" form and forward it to the City AdministratorWorker's Compensation
Administrator. The Department head should report if any lost time occurred as a
result of the injury.
3. The Worker's Compensation Administrator will submit copies of the "First Report of
Injury" form and the "Supervisor's Report of Accident" form to the City
Administrator, insurance company, injured employee, and employee's local union
office within 10 days of the date the City first had knowledge of the claimed injury.
4. The Worker's Compensation Administrator will provide a copy of the "Employee
Information Sheet" to the injured employee.
3 5.If the injury/illness requires medical treatment, the employee will be directed to the
appropriate medical facility, however, in the event of a medical emergency, the
employee should seek treatment immediately at the nearest available medical center.
4.6.An employee shall be eligible to use accrued sick leave or personal leave up to the
limit of accumulated benefits, to supplement the Worker's Compensation payments.
In no event will the total of the employee's Worker's Compensation payment and the
supplement from accrued leave exceed the employee's normal gross pay.
Approved By: Medina City Council Date: December 20, 2005; Amended
2.90 Workers Compensation
Personnel Policy
MEDINA
3.10 Respectful Workplace
Purpose:
This policy defines and prohibits inappropriate conduct in the work place and directs victims
where to seek assistance.
Policy:
It is the policy of the City to maintain a respectful work and public service environment free from
discrimination, harassment, violence, and other offensive, degrading or inappropriate remarks or
conduct. The City will not tolerate such behavior by or towards any employee or official.
This policy applies to all employees and officials of the City, including elected officials, members
of boards and commissions, and other volunteer personnel, consultants and independent contractors
who render professional services to the City, whether or not they are covered or exempted from
other personnel rules of the City.
Inappropriate Conduct
Discriminatory, harassing and/or offensive behavior includes inappropriate remarks about or
conduct related to an employee's race, color, creed, religion, national origin, gender (including
pregnancy, childbirth, and related medical conditions), disability, gender, marital status, familial
status, membership or activity in a local commission, age, sexual orientation or identity, disability,
age,-er status with regard to public assistance or veteran status.
Violent behavior includes the use of physical force, harassment or intimidation, or abuse of power
or authority. Violent behavior also includes verbal abuse.
The City will not tolerate such inappropriate conduct and will take appropriate disciplinary action
against any individuals who participate in or knowingly fail to report such conduct.
Abusive Customer Behavior
While the ECity has a strong commitment to customer service, the eCity does not expect that
employees accept verbal abuse from any customer.
An employee may request that a supervisor intervene when a customer is abusive, or they may
defuse the situation themselves, including ending the contact.
If there is a concern over the possibility of physical violence, a supervisor should be contacted
immediately. When extreme conditions dictate, 911 may be called. Employees should leave the area
3.10 Respectful Workplace
immediately when violence is imminent unless their duties require them to remain. Employees must
notify their supervisor about the incident as soon as possible.
Sexual Harassment
Sexual harassment is a form of gender discrimination and can be directed at both men and women.
Individuals can be harassed by co-workers, supervisors, subordinates or persons who are not City
employees. In all cases, sexual harassment is illegal and unacceptable behavior that will be subject
to appropriate disciplinary action.
Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual
favors, sexually motivated physical contact or other verbal or physical conduct or communication of
a sexual nature when:
o submission to such conduct is made, either explicitly or implicitly, a term or condition
of an individual's employment;
o submission to or rejection of such conduct by an individual is used as a factor in
decisions affecting that individual's employment;
o such conduct or communication has the purpose or effect of unreasonably interfering
with an individual's employment or creates an intimidating; hostile or offensive
working environment; or
o such conduct or communication occurred because of the sex of the recipient of the
conduct or communication even though it is not clearly sexual in nature or an
explicit sexual advance.
Behavior that could be considered sexual harassment includes, but is not limited to:
o verbal harassment, such as sexually -oriented comments, innuendoes, or derogatory
remarks;
o physical harassment, such as unwelcome touching, patting, pinching, cornering,
hugging, kissing, or other movement or physical contact that an individual finds
offensive;
o visual forms of harassment, such as suggestive cartoons or drawings, calendars, posters
or jokes displayed in the workplace;
o sexual favors, such as subtle or explicit demands or pressure for sexual favors or sexual
activity; or
o nonsexual conduct that is demanding, degrading or harassing and is directed towards
someone based on the individual's gender.
Reporting Procedure
Any person who feels he or she is being subjected to, or has knowledge of, discriminatory,
harassing, violent or offensive behavior is required to immediately report the behavior to his or her
supervisor, department head or City Administrator. The harassment must be reported even if the
alleged perpetrator is not a City employee. Any supervisor or department head who receives a
complaint about such behavior or who has reason to believe that such behavior is occurring, must
immediately report it to the City Administrator. Failure by a supervisor to report a complaint could
3.10 Respectful Workplace
result in disciplinary action against the supervisor. Employees are strongly encouraged to put the
complaint in writing.
The City Administrator, or designee, will respond promptly and appropriately to all complaints of
sexual harassment or other inappropriate conduct. If the City Administrator determines that an
investigation is warranted, such investigation will be handled in compliance with applicable state
statutes, union contracts and this policy. The City Administrator will notify the complainant of the
result of any investigation and will take appropriate disciplinary action, up to and including
immediate termination. Any individual who knowingly gives false information during an
investigation of a complaint may also be subject to disciplinary action up to and including
termination.
Any person who believes the City Administrator is perceived to be the cause of a disrespectful
workplace behavior incident or an incident of sexual harassment must immediately report the
behavior to the City Attorney or Mayor, who will confer with the appropriate elected officials
regarding the investigation and action.
In addition to notifying one of the above persons and stating the nature of the harassment, the
employee is also encouraged to take the following steps:
1. Make it clear to the harasser that the conduct is unwelcome and document that conversation.
2. Document the occurrences of harassment.
3. Submit the documented complaints to your supervisor, depatt lent head, City Administrator,
Mayor, or City Attorney. 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.
No Retaliation
The City will not retaliate, nor will it tolerate any retaliation, against any person because he or she
makes a complaint of sexual harassment or other inappropriate conduct, who serves as a witness or
participates in an investigation, or who is exercising his/her rights when requesting religious or
disability accommodation.or participates in an investigation regarding such conduct. Any individual
who retaliates against a person who makes a complaint, or assists or participates in an investigation
could be subject to disciplinary action up to and including termination.
Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. While
each situation is very fact dependent, generally speaking retaliation can include 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 report 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.
3.10 Respectful Workplace
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. City Administrator;
3. Mayor or City Councilmember
4. 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 report the
allegations within two business days to the eCity aAdministrator, who will decide how to proceed in
addressing the claim/complaint.
Approved By: Medina City Council Date: December 20, 2005; Amended January 4, 2011
3.10 Respectful Workplace
Personnel Policy
MEDINA
3.20 Political Activities
Purpose:
The City desires to define acceptable levels of an employee's political activity.
Policy:
1. During working hours, no employee shall engage in any form of political activity, nor
can any political activity impair an employee's effectiveness in his/her position.
2. Employees shall not use their official authority or influence for the purpose of
interfering with or affecting the results of an election or nomination for office.
3. If an employee is elected to a City of Medina public office, the employee must resign
his/her position with the City.
4. Employees working in positions partially or federally funded by the Federal
Government are governed by Federal law in their political activities.
Approved By: Medina City Council Date: December 20, 2005
3.20 Political Activities
Personnel Policy
MEDINA
3.30 Outside Employment
Purpose:
The City desires to prohibit employees from engaging in other employment that may
hinder the performance of their duties.
Policy:
1. Full time Employees may not engage in any outside occupation, employment or
business which the City Administrator determines may hinder their impartial or
objective performance of their public duties, be incompatible with their City
employment, impair their efficiency on the job, or create the appearance of or an
actual or potential conflict of interest with their City employment.
2. Outside employment must not interfere with a full-time employee's availability
during the eCity's regular hours of operation or with a part-time employee's regular
work schedule. Outside employment shall not interfere with the availability of
employees for emergency or on -call work.
3. The employee must not use eCity equipment, resources or staff in the course of the
outside employment.
3:4.Fu11-time employees who wish to engage in outside employment shall be required to
receive the prior written permission of the Department head and City Administrator.
Approved By: Medina City Council Date: December 20, 2005
3.30 Outside Employment
Personnel Policy
MEDINA
3.40 Employee Appearance
Purpose:
The City desires to promote personal appearance that is favorable to the City's image.
Policy:
1. The City allows the choice of appearance and dress to the discretion of an individual
employee. Except in positions where uniforms are required, the employee's
appearance and dress shall always be appropriate for the public service environment,
and reflect favorably on the City's image.
2. Employees shall be aware of personal hygiene and proper personal appearance.
3. The employee's supervisor will discuss the subject of personal appearance and
hygiene with the employee if he/she does not feel it reflects favorably on the City's
image.
Approved By: Medina City Council Date: December 20, 2005
3.40 Employee Appearance
Personnel Policy
MEDINA
3.50 Gifts and Gratuities
Purpose:
To prohibit employees from receiving or soliciting gifts and gratuities.
Policy:
Employees of the City, in the course of or in relation to their official duties, shall not
directly or indirectly solicit, receive or agree to receive any payment of expense,
compensation, gift, reward, gratuity, favor, service, or promise of future employment or
other future benefit from any source, except the City, for any activity related to the duties
of the employee unless otherwise provided by law.
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010.
3.50 Gifts and Gratuities
Personnel Policy
MEDINA
4.10 Job Classification
Purpose:
The City desires to create a classification plan for all employees.
Policy:
It shall be the responsibility of the City Administrator to develop and maintain a Job
Classification Plan in accordance with state and federal laws for all applicable positions
within the City, subject to approval by the City Council. The plan shall consist of job
descriptions and pay ranges based on steps for all positions. Pay ranges shall carry a
minimum and maximum rate of pay.
FLSA Salary Exempt and Non -Exempt
All job descriptions shall define whether the position is exempt or non-exempt in
accordance with the Fair Labor Standards Act.
Approved By: Medina City Council Date: December 20, 2005
4.10 Job Classification
Personnel Policy
MEDINA
4.20 Salaries and Wages
Purpose:
To define the process to assign a pay rate to employees.
Policy:
An employee shall not be paid less than the minimum rate nor more than the maximum
rate for their assigned job classification.
New Hire
New regular full-time and part-time employees will generally be hired at the minimum
pay rate of the appropriate pay range. Subject to City Council approval, the City
Administrator may recommend a starting salary or hourly wage to an appropriate salary
level based on prior comparable experience and/or changing market conditions.
Cost Of Living Adjustment (COLA)
The City Council will review and consider establishing a COLA on an annual basis.
Upon the City Council approving a COLA, the City's pay grade system shall be adjusted
by the COLA accordingly.
Merit Increases
The date for consideration of a merit increase for a regular employee shall be at the end
of a calendar year. All employee pay increases take effect on January 1 of each calendar
year. The date for consideration of a merit increase for a new employee shall be at the
successful completion of the probationary period. Increases for new hires and all other
employees shall be at one-year intervals until such time as the employee reaches the
maximum rate of pay for the assigned classification. The City Administrator may
recommend the adjustment of a salary or hourly rate other than at the one-year interval.
Performance Reviews
Department heads shall review an employee's job performance through the use of an
employee evaluation form as approved by the City Administrator, near completion of the
probationary period for new employees and at one-year intervals for other employees.
The completed evaluation form must be reviewed and signed by the department head and
submitted to the City Administrator prior to the implementation of any recommended pay
increases. A signed copy of the completed evaluation shall be provided to the employee
and placed in the employee's personnel file.
4.20 Salaries and Wages
Temporary and Seasonal Employees
Temporary and seasonal employees will be paid at an hourly rate determined by the City
Administrator.
Promotions
An employee's rate of pay upon promotion will be assigned per the recommendation of
the City Administrator in accordance with the job classification, subject to City Council
approval.
Minnesota Pay Equity Act
The City complies with the requirements of the Minnesota Pay Equity Act.
Wage Disclosure Protection
Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell
any person the amount of their own wages. While the Minnesota Government Data
Practices Act (Minn. Stat. § 13.43), specifically lists an employee's actual gross salary
and salary range as public personnel data, Minnesota law also requires wage disclosure
protection rights and remedies to be included in employer personnel handbooks. To that
end, and in accordance with Minn. Stat. § 181.172, employers may not:
• Require nondisclosure by an employee of his or her wages as a condition of
employment.
• Require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee's wages.
• Take any adverse employment action against an employee for disclosing the
employee's own wages or discussing another employee's wages which have been
disclosed voluntarily.
• Retaliate against an employee for asserting rights or remedies under Minn. Stat.
§ 181.172, subd. 3.
The city cannot retaliate against an employee for disclosing his/her own wages. An
employee's remedies under the Wage Disclosure Protection Law are to bring a civil
action against the city and/or file a complaint with the Minnesota Department of Labor
and Industry at (651) 284-5070 or (800) 342-5354.
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010 and December 15, 2015.
4.20 Salaries and Wages
Personnel Policy
MEDINA
4.30 Overtime & Compensatory Time
Purpose:
The City of Medina has established this overtime and compensatory time policy to
comply with applicable state and federal laws governing accrual and use of overtime. The
eCity aAdministrator will determine whether each employee is designated as "exempt" or
"non-exempt" from earning overtime. In general, employees in executive, administrative,
and professional job classes are exempt; all others are non-exempt.
To define the process for requesting and granting overtime to employees.
Policy:
Employees may be required by their department head, City Administrator, or City
Council to work time beyond their normal work hours. Compensation for overtime will
be in compliance with Federal and State law.
All overtime must be approved by the appropriate department head or authorized
designee prior to being worked and applies to employees classified as non-exempt. An
employee who works overtime without prior approval may be subject to disciplinary
action.
Non -Exempt (Overtime -Eligible) Employees
All overtime -eligible employees will be compensated at the rate of time -and -one-half for
each hour of overtime worked. Compensation will take the form of either time -and -one-
half pay or compensatory time with the approval of the employee's department head.
Compensatory time is paid time off at the rate of one -and -one-half hours off for each
hour of overtime worked.
Overtime earned will be paid at the rate of time -and -one-half on the next regularly
scheduled payroll date, unless the employee indicates on his/her timesheet that the
overtime earned is to be recorded as compensatory time in lieu of payment.
The maximum compensatory time accumulation for any employee is 40 hours. Once an
employee has earned 40 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.
4.30 Overtime
Personnel Policy
MEDINA
All compensatory time will be marked as such on official time sheets, both when it is
earned and when it is used. The Finance Department will maintain compensatory time
records. All compensatory time accrued will be paid when the employee leaves eCity
employment at the hourly pay rate the employee is earning at that time.
Exempt (Non -Overtime -Eligible) Employees
Exempt employees are expected to work the hours necessary to meet the performance
expectations outlined by their supervisors. Generally, to meet these expectations, and for
reasons of public accountability, 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 Medina 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.
• 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 eCity in which the employee does not work a full week. In this case,
the eCity will prorate the employee's salary based on the time actually
worked.
• The employee is in a position that earns paid leave and is absent for a
partial day due to personal reasons, illness, or injury, but:
• Paid leave has not been requested or has been denied.
• Paid leave is exhausted.
• The employee has specifically requested unpaid leave.
• The employee is suspended without pay for a full day or more for
disciplinary reasons for violations of any written policy that is applied to
all employees.
4.30 Overtime
Personnel Policy
MEDWA
• The employee takes unpaid leave under the Leave of Absence — Other
policy.
• The City of Medina may for budgetary reasons implement a voluntary or
involuntary unpaid leave program and, under this program, make
deductions from the weekly 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 Medina will not make deductions from pay due to exempt employees being
absent for jury duty or attendance as a witness but will require the employee to pay back
to the eCity any amounts received by the employee as jury fees or witness fees.
If the eCity inadvertently makes an improper deduction to the weekly salary of an exempt
employee, the eCity will reimburse the employee and make appropriate changes to
comply in the future.
Approved By: Medina City Council Date: December 20, 2005
4.30 Overtime
Personnel Policy
MEDINA
4.40 Leave Policy for Exempt
Employees
Purpose:
To define the expectations of leave use for exempt employees. eligibility for
accumulation and payment of compensatory time.
Policy:
Exempt employees are required to work the number of hours necessary to fulfill their
responsibilities including working normal hours of business, evening meetings, and on -
call hours as necessary.
Exempt employees are required to use paid leave when on personal business or away
from the office for four hours or more, on a given day. Absences of less than four hours
do not require use of paid leave as it is presumed that the staff member regularly puts in
work hours above and beyond the Monday through Friday normal hours of business
requirement. Exempt employees must communicate their absence to the City
Administrator or his/her designee.
If one of the above employees is regularly absent from work under this policy and it is
found that there is excessive time away from work that is not justified, the situation will
be handled as a performance issue.
If it appears that less than forty (40) hours per week is needed to fulfill the position's
responsibilities, the position will be reviewed to determine whether a part-time position
will meet the needs of the City. Additional notification and approval requirements may be
adopted by the City Administrator for specific situations as determined necessary.
Non exempt employees under the Fair Labor Standards Act are eligible for compensatory
time off in lieu of overtime pay in accordance with that act, subject to the following
conditions:
1. The city desires employees to carry no more than 40 hours accumulated
compensatory time past December 31 of each year. Any accumulation of more
than 40 hours past December 31 of euch year will not be lost in accordance with
FLSA regulations.
4.40 Compensatory Time
MEDINA
2. The scheduling of compensatory time will be at the reasonable discretion of the
department head.
Personnel Policy
3. Cash payment for accumulated compensatory time may be taken at the
employee's option, with approval of the department head and City Administrator.
in conjunction with a normal payroll submittal.
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010
4.40 Compensatory Time
v
MEDINA
*F>>, Personnel Policy
4.50 Payroll
Purpose:
To establish pay periods allowing employees the opportunity for personal financial
planning
Policy:
Paydays
Payday is every other Wednesday, for a typical total of 26 pay periods per year. Salaries
and wages are paid for the two -week period ending on the previous Saturday. There will
be no pay advances to employees, unless payday falls on a City recognized holiday.
Payday will then, in most cases, be on the day before or after the holiday.
Timesheets
All employees must complete and sign accurate time sheets. The department head shall
sign and submit the timesheets to the Finance Department by 10:00 a.m. on the Monday
preceding the Wednesday pay-day.
Payment Method
As provided for in Minnesota law, all employees are required to participate in
Ddirect deposit_ A voided check (with routing numbers) must be given to the
Finance Department in order to set up this payment methodepti n. The payroll
check will be direct deposited into the employee's account on the Wednesday pay
day (with the exception of when a holiday falls on a Monday, the direct deposit
will -may occur on a Thursday).
• Personally pick up the payroll check in the employee's department.
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010.
4.50 Payroll
Personnel Policy
MEDINA
4.60 Public Works On -Call Rotation
Purpose:
To define the policies and compensation for public works employees responding to
emergency calls.
Policy:
The Public Works StijaefintendentDirector, or his/her designee, shall schedule department
employees to serve "on -call" during non -regular working hours to respond to emergency
calls relating to the City's water, sanitary sewer, and other public works functions or City
utilities when applicable.
Schedule/Rotation
1. An on -call rotation will consist of one full week, from Monday 7:00 a.m. to the
following Monday 7:00 a.m.
a. The on -call rotation will be extended to end at the following Tuesday 7:00
a.m. when a City recognized holiday falls on a Monday.
2. The Public Works SuperintendentDirector, or his/her designee, shall establish an
on -call rotation schedule at least two months in advance of implementation.
Responsibility of Designated On -Call Employee
1. The employee is responsible for responding to all after hour emergency calls, with
the exception of ice and snow control.
2. The employee shall respond to the Public Works Facility within 45 minutes of
being called.
3. The employee shall be provided with and must carry at all times a designated
"call out" phone. The employee shall also carry their regular provided city phone
during the on -call rotation, or during non-scheduled on -call rotation in order to
provide backup assistance when needed.
4. The employee shall use the regular provided city phone to request call out backup.
5. The employee shall understand that the "call out" phone will be the main
emergency phone number for public works emergencies, and the following
4.60 Public Works On -Call Rotation
Personnel Policy
MEDINA
agencies/facilities will be provided with the "call out" phone number: Medina Police,
Hennepin County Sheriff, Wright/Hennepin Security, Gopher State One Call, and the
Medina Water Treatment Plant SCADA system.
Compensation of On -Call Employee
1. All exempt employees of the City will not receive compensation in addition to
their base salary for serving an on -call rotation or responding to a call -out.
2. Non-exempt employees shall be compensated for ten (10) hours of regular base
rate pay during the seven-day on -call rotation.
3. Non-exempt employees shall be compensated at one and one-half (1%2) the regular
base rate of pay for time worked on call -outs beyond the normal 40 hour work
week in accordance with Federal Labor Standard Act (FLSA) standards.
However, the City will compensate non-exempt employees a minimum of two
hours of regular base rate pay for responding to any call -out.
4. Non-exempt employees shall be compensated an additional four (4) hours of
regular base rate pay when a City designated holiday occurs during their rotation.
Approved By: Medina City Council Date: March 21, 2006
4.60 Public Works On -Call Rotation
Personnel Policy
MEDINA
5.10 Group Health and Life Insurance
Purpose:
To define the scope and eligibility of the city's Group Health and Life Insurance.
Policy:
Group health and medical benefits and life insurance coverage, including dental
insurance, shall be mod -offered to for all full-time and part-time benefited employees
of the City. Basic life insurance coverage in an amount determined by the City Council
will be at no cost to full-time and part-time benefited employees. The City will
contribute an amount determined by the City Council toward medical and dental
premiums. Part-time benefited employees will receive three fourths of the contribution
amount of full-time employees.
Continuation of Health Coverage - Termination
An employee terminated or laid off from employment may elect to continue coverage for
the employee and dependents in accordance with Minnesota Statutes, Section 62A.17.
Approved By: Medina City Council Date: December 20, 2005
5.10 Group Insurance
Personnel Policy
MEDINA
5.20 Deferred Compensation
Purpose:
To define the scope and eligibility of the city's deferred compensation.
Policy:
Deferred compensation plans are available to all full-time employees in order for the
employee to defer a portion of income for retirement purposes or to shelter such amounts
from state and federal taxes.
Approved By: Medina City Council Date: December 20, 2005
5.20 Deferred Compensation
Personnel Policy
MEDINA
5.30 Personal (Vacation) Leave
Purpose:
The City provides personal leave with pay for all eligible employees for the purpose of
rest, relaxation, or other personal time off away from work.
Policy:
1. All full-time employees shall accrue personal leave in accordance with the following
rate schedule:
Years of
Vacation
Vacation
Vacation Hours Per Pay
Service
Days
Hours
Period
0 < 5 years
10 days
80 hours
3.08 hours
5 < 10 years
15 days
120 hours
4.62 hours
10 <— 11 years
16 days
128 hours
4.92 hours
11 <-12 years
17 days
136 hours
5.23 hours
12 <-13 years
18 days
144 hours
5.54 hours
13 <-14 years
19 days
152 hours
5.85 hours
15 <-19 years
20 days
160 hours
6.15 hours
20+ years
25 days
200 hours
7.70 hours
In order to recruit qualified experienced candidates for certain positions, the City
Administrator may recommend beginning an experienced new hire at up to 4.62
hours of personal leave accrual per pay period with the approval of the City Council.
If an employee begins his or her vacation accruals at a higher rate than the
employee's current years of service, the employee will remain at that rate until the
employee reaches the appropriate years of service with the City of Medina to move to
the next rate.
2. Regular part-time employees working an average of less than 30 hours per week shall
accrue personal leave at half the rate of the rate schedule. Paid holidays that occur
during personal leave are not counted as days of personal leave.
3. Regular benefited part-time employees working an average of at least 30 hours or
more per week, but less than 40 hours per week shall accrue personal leave at three -
fourths the rate of the rate schedule.
5.30 Personal Leave
34. Full-time employees may carry over 120 180 hours of earned and unused personal
leave time to the next calendar year. Benefited Part-time employees may carry over
135 hours of earned and unused personal leave time to the next calendar year. Part-
time employees may carry over 60-90 hours of earned and unused personal leave time
to the next calendar year. The maximum personal leave hours in an employee's bank
at any given time cannot exceed the total of the carry over amount plus the
employee's current annual personal leave accrual. Any unused personal leave
exceeding the allowable banked hours at the end of the calendar year will be forfeited
with the following exceptions:
a. If an employee is unable to use earned personal leave time within the calendar
year because he/she is on extended sick leave, the employee may carry the
unused personal leave forward to the next calendar year, even though those
hours exceed the usual carry-over as indicated above. The City may require
the employee to use any portion of the personal leave upon returning to work.
b. If an employee is unable to use scheduled personal leave time at the end of the
calendar year due to a work emergency, the employee may carry the unused
personal leave forward to the next calendar year upon receiving written
approval from the City Administrator, even though those hours exceed the
usual carry-over as indicated above. The City may require the employee to
use any portion of the personal leave upon the work emergency ending.
45. All personal leave requests must be submitted to the employee's department head for
approval prior to the start of the requested personal leave, and is generally desired to
be requested 5 days or more in advance of the start of the requested personal leave.
All personal leave requests of 5 days or more must be submitted to the employee's
department head for approval no less than 14 calendar days prior to the start of the
requested personal leave period. Every effort will be made to grant employees the
personal leave period of their preference, however, personal leave will be scheduled
so as not to cause an interruption in the normal operation of the department.
56. Each employee may donate up to 40 hours of accrued personal leave per year to other
employees in accordance with the provisions outlined in the Sick Leave Donation
policy.
67. Payout of Personal Leave - Employees cannot elect to waive personal leave and
receive a cash payment, unless through leaving City service. Any employee,
including part—time employees, leaving City service in good standing after giving at
least 14 calendar days' notice or 30 calendar days' notice for Department Heads of
such termination of employment shall be compensated for all unused personal leave
time accrued to the date of separation.
78. Proceeds to Employee's Estate - The estate of any employee who dies while
employed by the City shall be entitled to receive the value of the employee's accrued
unused personal leave time in cash, subject to the foregoing provisions.
5.30 Personal Leave
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010.
5.30 Personal Leave
Personnel Policy
MEDINA
5.40 Sick Leave
Purpose:
The City provides sick leave with pay for all eligible employees for the purpose of illness
or other case of necessity defined in this policy.
Policy:
1. Sick leave is authorized absence from work with pay, granted to qualified full-time
and part-time employees. Sick leave is not a privilege or vested right that an
employee may use at their discretion, but is a type of insurance allowed in case of
necessity or actual illness in accordance with this policy. A physician's statement
may be required at any time for verification of any sick leave taken. Employees are to
use this paid leave only when they are unable to work for medical reasons and under
the conditions explained below:
a. When an employee is unable to perform work duties due to the employee's
own illness or disability (including pregnancy).
b. For medical, dental or other care provider appointments.
c. When an employee has been exposed to a contagious disease of such a
nature that his/her presence at the work place could endanger the health of
others.
d. To care for the employee's injured or ill children, including, stepchildren,
adopted or foster children, adult child, spouse, domestic partner, sibling,
parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent,
for such reasonable periods as the employee's attendance -may be necessary.
e. To take children, or other family members to a medical, dental or other care
provider appointment.
f. Employees may use up to 160 hours of sick leave in a calendar year for
absences due to an illness of or injury to the employee's adult child, spouse,
domestic partner, sibling, parent, grandparent, stepparent, parent -in-laws
(mothers-in-law and fathers-in-law) and grandchildren (includes step -
grandchildren, biological, adopted or foster grandchildren).
g. Safety leave. Employees are authorized to use sick leave for reasonable
absences for themselves or relatives (employee's adult child, spouse, sibling,
parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent)
who are providing or receiving assistance because they, or a relative, is a
victim of sexual assault, domestic abuse, or stalking. Safety leave for those
listed, other than the employee and the employee's child, is limited to 160
5.40 Sick Leave
hours in a calendar year.
2. Full-time employees are entitled to accumulate sick leave with pay at the rate of eight
(8) hours for each calendar month of full-time employment. Benefited Part-time
employees are entitled to accumulate sick leave with pay at the rate of six (6) hours
for each calendar month of benefited part-time employment. Regular part-time
employees are entitled to accumulate sick leave with pay at the rate of four (4) hours
for each calendar month of part-time employment.
3. The employee must notify his/her department head for the appropriate approval prior
to their scheduled workday or as soon thereafter as practical of the sick leave absence.
Employees will keep their department head informed of their condition if absent for
more than one day.
4. Employees granted sick leave for part of a day shall be paid for the hours worked.
5. The City may require that an employee who is unable to work due to an illness or
disability, before being permitted to work, provide medical evidence that he/she is
again able to perform all essential functions of the position with or without reasonable
accommodations, without hazard to self or others.
6. Each employee may donate up to 40 hours of accrued sick leave per year to other
employees in accordance with the provisions outlined in the Sick Leave Donation
policy.
7. Sick leave may be accumulated and banked to a maximum of nine hundred sixty
(960) hours for permanentregular full-time and permanent regular part-time
employees. For sick leave accumulated in excess of nine hundred sixty (960) hours,
employees who began permanent regular full-time employment with the City of
Medina prior to August 1, 2011 may bank the hours in an account established by the
City for the purpose of retirement insurance premiums (see Retirement Insurance
Program policy). Employees beginning permanent regular full-time or permanent
regular part-time employment with the City of Medina after August 1, 2011 shall not
bank sick leave hours over nine hundred sixty (960) hours.
8. An employee leaving employment voluntarily, with four or more years of service
with the city after giving the City fourteen (14) calendar days' notice or 30 calendar
days' notice for Department Heads of termination of employment, will be paid at
his/her base rate of pay at the time of termination one third (1/3) of his/her
accumulated sick leave hours. Any sick leave banked in excess of nine hundred sixty
(960) hours for retirement insurance premiums will be forfeited.
9. An employee leaving employment voluntarily with twenty (20) or more years of
service with the City will have the following options in regard to accrued sick leave:
A. After giving the City at least fourteen (14) calendar days' notice or 30
5.40 Sick Leave
i
calendar days' notice for Department Heads of termination of employment,
receive payment from the City for one half (1/2) all accrued sick leave at the
employee's base rate of pay at the time of termination. Any sick leave
banked in excess of nine hundred sixty (960) hours for retirement insurance
premiums will be forfeited.
B. After giving the City at least fourteen (14) calendar days' notice or 30
calendar days' notice for Department Heads of termination of employment,
place any accrued sick leave into the retirement insurance fund (see
Retirement Insurance Program policy).
10. Proceeds to Employee's Estate - The estate of any employee who dies while
employed by the City shall be entitled to receive the value of one—third (1/3) for an
employee under twenty (20) years of service and one-half (1/2) for an employee with
twenty (20) or more years of service of the employee's accrued unused sick leave up
to nine hundred sixty (960) hours, subject to the foregoing provisions.
Approved By: Medina City Council Date: December 20, 2005; Amended: November
4, 2009; January 4, 2011; August 3, 2011; July 2, 2013; August 6, 2014; February 21,
2017
5.40 Sick Leave
Personnel Policy
MEDINA
5.50 Sick Leave Donation
Purpose:
To define the scope and eligibility for an employee to donate or receive accrued personal
leave or sick leave.
Policy:
1. With the express written consent of the City Administrator, employees having
accrued personal leave and/or sick leave will be allowed to donate a portion of such
accrued leave to fellow employees experiencing a major medical condition suffered
by the employee, the employee's spouse, or the employee's minor children. A major
medical condition is considered to be a severe illness, major surgery, or other
physical ailment that causes, or is expected to cause an absence from work for 15
working days or more in any 12 month period. A major medical condition must be
supported by a physician's statement to be eligible for consideration.
2. An employee is only eligible to receive donated personal leave and/or sick leave for
normal work hours lost due to a major medical condition.
3. An employee will be eligible to receive donated personal leave and/or sick leave only
after the employee's own accrued personal leave, sick leave, compensatory time, and
any other accrued leave has been exhausted.
4. An employee using donated personal leave and/or sick leave will not accrue personal
leave or sick leave benefits nor will holidays be paid while using donated leave.
5. A full-time employee will be allowed to receive up to 45 days (360 hours) of donated
personal leave and/or sick leave for any single major medical condition. A regular
part-time employee will be allowed to receive up to 20 days (160 hours) of donated
personal leave and/or sick leave for any single major medical condition.
6. An employee may only use donated personal leave and/or sick leave up to the time of
eligibility for the long-term disability benefit (if applicable), or for the maximum
number of days allowed to be donated, whichever occurs first.
7. A full-time employee may donate no more than 40 hours of personal leave and/or sick
leave to each requesting employee per calendar year. A regular part-time employee
may donate no more than 20 hours to each requesting employee per calendar year.
5.50 Sick Leave Donation
8. Employees wishing to donate personal or sick leave must submit a written request to
the City Administrator. The request must identify the employee to whom leave will
be donated. Donations shall remain anonymous.
9. Donation of personal leave and/or sick leave will be completely voluntary. No City
employee may pressure or otherwise attempt to influence a City employee to donate
personal leave and/or sick leave.
10. The City Administrator shall have the right to deny and/or limit donation requests as
deemed necessary and in the best interests of the City of Medina.
11. The donated personal leave and/or sick leave will be subtracted from the donor's
balance and a credit reflecting the donated hours will be provided to the requesting
employee's personal or sick leave bank.
12. Donated sick leave cannot be used for any severance pay, or paid out to an employee
in the form of cash or used in any other manner other than what is stated in this
policy.
Approved By: Medina City Council Date: December 20, 2005; Amended February
21, 2017
5.50 Sick Leave Donation
Personnel Policy
MEDINA
5.60 Retirement Insurance Program
Purpose:
To define the scope and eligibility for an employee to bank hours for retirement insurance
premiums.
Policy:
1. After giving the City at least fourteen (14) calendar days'-efnotice or 30 calendar
days' notice for Department Heads of termination of employment, employees who
began permanent full-time or permanent part-time employment with the City of
Medina prior to August 1, 2011 after twenty (20) or more years of service may place
any accrued sick leave into a retirement insurance fund established by the eCity.
Employees who began permanent regular full-time or permanent regular part-time
employment with the City of Medina after August 1, 2011 after twenty (20) or more
years of service may place up to nine hundred sixty (960) hours of accrued sick leave
into a retirement insurance fund established by the City. The retirement insurance
fund may be used by a retired employee to pay qualifying City insurance premiums as
allowed through the Consolidated Omnibus Budget Reconciliation Act (COBRA) as
well as any non -City private insurance premiums the employee chooses until the
retirement insurance fund is exhausted.
2. An employee must have twenty (20) or more years of service with the City to access
the retirement insurance fund for insurance premiums.
3. All hours placed into the retirement insurance fund will be credited to employees who
began permanent regular full-time or permanent regular part-time employment with
the City of Medina prior to August 1, 2011 at 100 percent, and converted to a
monetary value by using the employee's base rate of pay for the year of retirement.
4. All hours placed into the retirement insurance fund will be credited to employees who
began permanent regular full-time or permanent regular part-time employment with
the City of Medina after August 1, 2011 at 50 percent, and converted to a monetary
value by using the employee's base rate of pay for the year of retirement.
5. Proceeds to Retired Employees Estate - The estate of any retired employee who dies
while withdrawing premiums under the provisions of this policy shall be entitled to
receive the value of one—half of the retired employee's accrued remaining unused
sick leave up to nine hundred sixty (960) hours, subject to the foregoing provisions.
5.60 Retirement Insurance Program
Personnel Policy
MEDINA
Approved By: Medina City Council Date: December 20, 2005; Amended: November
4, 2009; December 21, 2010; August 3, 2011
5.60 Retirement Insurance Program
Personnel Policy
MEDINA
5.70 Holidays
Purpose:
The City desires to allow paid time off for employees to observe certain recognized
holidays.
Policy:
1. The following calendar days and such other days as the Council may fix, are
recognized holidays:
Holiday
Date
New Year's Day
January 1
Martin Luther King's Day
Third Monday in January
Presidents' Day
Third Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4
Labor Day
First Monday in September
Veterans' Day
November 11
Thanksgiving Day
Fourth Thursday in November
Day After Thanksgiving
Fourth Friday in NovemberFriday
following Fourth Thursday in
November
Christmas Day
December 25
Two Floating Holidays
See details below
Employees wanting to observe holidays other than those officially recognized by the
ECity may request either vacation leave, compensatory time, floating holiday, or
unpaid leave for such time off.
2. All full-time employees are entitled to time off with full-8 hours of holiday pay on
holidays recognized by the City. Benefited part-time employees shall receive 6 (six)
hours of holiday pay. Regular part-time employees shall receive 4 (four) hours of
holiday pay for a one half day. Temporary part-time employees shall have holidays
off without pay.
3. All City of Medina offices and buildings shall be closed for business on each
5.70 Holidays
recognized holiday, but employees may be required to work on recognized holidays
when the nature of their duties or other conditions require them to do so. Employees
required to work on a holiday shall receive pay at the rate of one and one-half times
their normal rate of pay.
4. Recognized holidays that fall on Saturday will be observed that preceding Friday.
Holidays that fall on a Sunday will be observed the following Monday. Each holiday
commences at the beginning of the first shift on the day of which the holiday occurs
and continues for twenty -_four (24) hours thereafter.
The City Administrator may at his/her discretion close City offices to the public
on December 24th (Christmas Eve) or December 26th with public notice if enough
employees request off. Employees will be given the choice to come into work on that
day or take the day off using accumulated leave (floating holiday, vacation, or
compensatory time off).
5. Floating Holiday: Each full-time City employee is granted two floating holidays and
each benefited part-time and regular part-time City employee is granted one floating
holiday that may be used for personal time off from work duties. The individual
floating holidays must be used within the calendar year, in an increment of eight (8)
hours only. The floating holiday may not be carried over to the next year. The
employee must receive approval of the floating holiday date from their supervisor at
least fourteen (14) calendar days prior to using said holiday. The floating holiday
leave request must be submitted to the employee's department head for approval prior
to the start of the requested leave, and is generally desired to be requested five days or
more in advance of the start of the requested leave. Upon termination of employment,
any remaining individual floating holidays shall be paid in full at the employee's
regular hourly rate. However, if the employee is discharged for misconduct or quits
without giving proper notice, the unused floating holiday shall be forfeited.
Approved By: Medina City Council Date: December 20, 2005; Amended April 17,
2012
5.70 Holidays
Personnel Policy
MEDINA
5.80 Continuing Education Program
Purpose:
To assist employees in upgrading their job skills and knowledge by sharing the cost of
their continued education at accredited institutions.
Policy:
1. All full-time employees in good standing who have at least one year of service with
the City and all regular part-time employees in good standing who have at least five
years of service with the City may request tuition aid.
2. Tuition aid will be given only for courses that are directly related to the employee's
present or anticipated responsibilities or to the approved degree program.
3. The employee shall provide a letter of intent to their Department head of the
employee's intent to begin taking courses, at least 30 days prior to the course start
date. The employee must submit courses they desire to take, to their Department
head, in advance of attending the classes, for consideration. If an employee wishes to
pursue a degree program, the employee must should give notice to the Department
head six (6) monthsat least 30 days prior to the course start date to receive proper
consideration of the request. All requests for tuition reimbursement will be considered
on a case -by -case basis. If the Department head approves, he/she will forward the
employee's courses to the City Administrator for review and recommendation to the
City Council for final approval. Courses must be approved in advance by the City
Council in order to receive reimbursement.
4. Reimbursement will be made for tuition, registration fees and lab fees only, up to a
maximum amount of $4-2,000.00 per employee per calendar year. No reimbursement
shall be made for coursework that involves "testing out" of a subject area or for any
"competency -based" coursework. If tuition costs exceed $4-2,000.00 in any given
year, the employee would be eligible for reimbursement in subsequent years for
approved classes actually taken. This eligibility would continue until the
reimbursement for all approved tuition costs is provided.
5. Approval for tuition reimbursement shall only be granted for courses taken from
accredited institutions and pursued outside of normal working hours.
5.80 Continuing Education Program
6. The employee must show proof of satisfactory completion of the course (grade at
least "C"), and evidence of the tuition paid to their Department head before
reimbursement will be made.
7. Charges for books, supplies, memberships, permits, activity tickets, transportation
and any other charges for which the employee receives some item or service other
than actual instruction, are not eligible for reimbursement.
8. The employee must report his/her eligibility to receive educational assistance from
another agency, if such exists, as no duplicate reimbursements will be made.
9. If an employee leaves employment with the City on a voluntary basis within one year
of receiving tuition reimbursement, the City may withdraw the last calendar year's
tuition reimbursement from the employee's remaining payroll.
Approved By: Medina City Council Date: December 20, 2005;
Amended: November 19, 2013
5.80 Continuing Education Program
Personnel Policy
MEDINA
5.85 Employee Recognition
Purpose:
The City wishes to recognize employee service and dedication. The City finds that
recognition of employee service and dedication serves a public purpose and generates
employee morale, loyalty, and retention.
Policy:
The City shall recognize employees at regular City Council meetings and sponsor an
annual Celebration of Service Banquet in November or December. Employees shall be
eligible for recognition of service to the City at five (5) year intervals. The following
recognition shall occur at the five (5) year intervals:
• 5 Years of Service — Certificate of Appreciation (from Department Head and City
Administrator) and a $25 gift certificate to a restaurant of the employee's choice.
• 10 Years of Service — Matted/framed Certificate of Appreciation (received at
annual reception from Department Head, City Administrator and City Council)
and a $35 gift certificate to a restaurant of the employee's choice.
• 15 Years of Service, and at every five (5) year intervals thereafter —
Matted/framed Certificate of Appreciation (received at annual reception from
Department Head, City Administrator and City Council) and a $40 gift certificate
to a restaurant of the employee's choice.
• Retirement over 10 Years of Service: Plaque acknowledging years of service to
the City of Medina, and a reception (not to exceed $500 of expenditures, or as
determined by the City Council) may be provided.
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010
5.85 Employee Recognition
Personnel Policy
MEDINA
6.10 Bereavement Leave
Purpose:
The City desires to assist in relieving the hardship when an employee has a death in theif
his/her family or personal life.
Policy:
1. Paid funeral leave will be granted, if requested, to all full-time employees for a
maximum of five (5) days for death of an employee's spouse, domestic partner, child,
father, or mother, and for three (3) days for the death of a brother, sister, grandparent,
grandchild, current spouse's mother or father, grandparents of current spouse, siblings
of current spouse, spouses of employee siblings, son-in-law, daughter-in-law, step-
parent, step -children, step -grandparents, step -grandchildren, step -sister, step -brother,
niece, nephew, aunt, uncle, or legal guardian.
• All part-time benefited employees will be granted the equivalent of up to five (5)
half days of paid funeral leave, if requested.
• Part-time employees — All part-time employees will be granted the equivalent of
up to three (3) half days of paid funeral leave, if requested.
• Paid funeral leave does not need to be taken in consecutive days.
2. Subject to approval by the City Administrator, employees may take additional days of
funeral leave, which will be charged to accrued sick leave. If sick time is not
available, the additional days may be taken from accrued vacation leave, or as unpaid
time.
3. Full-time employees may also request up to two (2) days of accrued sick leave per
year for the death of -a non -immediate related family members (related by blood or
marriage) or death of a non -related person. If sick leave is not available, the time
may be taken from accrued vacation leave or as unpaid time, all of which must be
approved by the City Administrator. In this situation, part-time employees may
request up to the equivalent of two (2) half days of sick leave.
4. For the death of non related personsNotwithstanding the use of time above, full-time
and part-time employees may request to use accrued vacation time as funeral leave,
which must be approved by the City Administrator.
6.10 Bereavement Leave
Personnel Policy
MEDINA
Approved By: Medina City Council Date: December 20, 2005; Amended January 4,
2011
6.10 Bereavement Leave
Personnel Policy
MEDINA
6.20 Military Leave
Purpose:
The City recognizes employees in the Armed Forces of the United States and also
recognizes that said employees are entitled to benefits provided to them by the State of
Minnesota and the United States of America.
Policy:
Minnesota Statutes Sections 192.26 and 192.261 provide that an employee of any
municipality who is a member of the National Guard, the Naval Militia, the Officer's
Reserve Corps, the Naval Reserve, the Marine Corps Reserve, or any other reserve
component of the military or naval forces of the United States, is entitled to a leave of
absence without loss of pay, seniority status, efficiency rating, or benefits for the time
such employee is engaged in training or active service not exceeding a total of fifteen
(15) days in any calendar year, not to exceed five (5) years.
The leave of absence is only in the event the employee returns to employment with the
sCity immediately upon being relieved from military or naval 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 period allowed for the paid leave of absence.
Where possible, notice is to be provided to the sCity at least ten (10) working days in
advance of the requested leaveNotice will be given to the City at least fifteen (15)
working days in advance of the requested 1-ave. Notice may be waived under certain
circumstances.
In accordance with both state and federal law, the employee will be granted an unpaid
leave of absence when called to active duty. If an employee has not yet used their fifteen
(15) days of paid leave when called to active duty, any unused paid time will be allowed
prior to the unpaid leave of absence.
Employees on military leave are eligible for continuation of insurance coverage. An
employee on military leave will accumulate vacation and sick leave from the time that he
or she enters active service to the date of reinstatement.
Returning reservists have the right to return to their jobs or to another job of similar
seniority, status, and pay upon completion of active duty in accordance with M.S.
192.261, Subd. 2 and 38 U.S.C. Section 4301-4333.
6.20 Military Leave
Personnel Policy
MEDWA
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.
Employees will be granted up to ten (10) working days of unpaid leave whose immediate
family member is a member of the United States armed forces who has been injured or
killed while engaged in active service.
The ECity will grant an unpaid leave of absence to an employee 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. The eCity may limit the amount
of leave to the actual time necessary for the employee to attend a send-off or
homecoming ceremony for the mobilized service member, not to exceed one day's
duration in any calendar year.
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010
6.20 Military Leave
v
MEDINA
*F>>, Personnel Policy
6.30 Voting Leave
Purpose:
The City encourages employees to fulfill their civic responsibilities by voting.
Policy:
Employees who are entitled to vote in any local general, statewide general, or federal
election with pay.
All employees eligible to vote at a local general, statewide general election, federal
general election, an election to fill a vacancy in office, or in a Presidential primary, will
be allowed time off with pay to vote on the election day. Employees wanting to take
advantage of such leave are required to work with their supervisors to avoid coverage
issues.
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 eCity at least ten (10) days written notice
Approved By: Medina City Council Date: December 20, 2005
6.30 Voting Leave
Personnel Policy
MEDINA
6.40 Court Duty Leave
Purpose:
The City desires to be cooperative and encouraging of employees to fulfill their rights
and duties as a citizen.
Policy:
1. Regular full-time and part-time employees subpoenaed as witnesses or called for jury
duty will be granted paid leave of absence for the time necessary to complete those
duties. All feesAny compensation received as a witness or juror (e.g. subpoena fees),
except mileage fees for use of the employee's private vehicle, will must be turned
over paid to the City. An employee who provides court duty on a non-scheduled
workday will retain all fees received from the court.
2. The employee must notify his/her Department head within 48 hours of receiving a
call or written order for court services.
Approved By: Medina City Council Date: December 20, 2005
6.40 Court Duty Leave
Personnel Policy
MEDINA
6.50 Pregnancy and Parental Leave
Purpose:
To define the scope and eligibility for an employee to take pregnancy and parental leave
for the birth or adoption of a child and for certain conditions related to pregnancy and
childbirth.
Policy:
I. In conjunction with the birth or adoption of a child, the City will grant unpaid
parental leave to all regular full-time and part-time employees who work twenty (20)
hours or more per week and who have been employed for at least 12 consecutive
months preceding the date of the request for leave. The employee must be the natural
or adoptive parent of the child.
2. The City will grant unpaid leave to all regular full-time and part-time female
employees who work twenty (20) hours or more per week and who have been
employed for at least 12 consecutive months preceding the date of the request for
leave for prenatal care, or incapacity due to pregnancy, childbirth, or related health
conditions.
3. Depending upon an employee's situation, more than one form of leave may apply
during the same period of time. If the employee is eligible for Sick Leave during the
Parental or Pregnancy Leave, the two leaves will run concurrently.
4. An employee may not take parental or pregnancy leave in excess of twelve (12)
consecutive weeks. The start date for parental leave must begin within twelve (12)
months of the birth or adoption of the child. The employee shall submit a completed
Parental Leave Form to the City Administrator as far in advance as possible, but not
later than thirty (30) calendar days in advance of the leave start date.
5. Parental leave may not begin more than twelve (12) months after the birth or
adoption; except that, in the case where the child must remain in the hospital longer
than the mother, the leave may not begin more than twelve (12) months after the child
leaves the hospital.
6. The employee may choose to utilize accumulated paid leave benefits during parental
leave. Any use of sick leave must first be preceded by exhausting all but 40 hours of
accrued personal leave time, unless accompanied by a physician's statement
6.50 Parental Leave
qualifying the employee for use of sick leave. In no case shall more than six weeks of
sick leave be used during parental leave, unless accompanied by a physician's
statement qualifying the employee for use of additional sick leave.
7. Insurance coverage will be made available to the employee while they are on leave.
The City will continue to provide the City's share of insurance plan costs or health
care premiums while the employee is on pregnancy or parental leave.
8. The employee is required to return to work for a minimum of twelve weeks following
the pregnancy or parental leave. Failure to comply with this provision may result in
the requirement of the employee to repay the City's share of insurance plan costs
provided during the parental leave.
9. No personal leave or sick leave benefits shall accrue nor will holidays be paid during
unpaid pregnancy or parental leave. Personal leave or sick leave benefits shall accrue
and holidays will be paid during pregnancy or parental leave if the employee is
utilizing accumulated paid leave benefits or compensatory time. No sick leave may
be donated to persons on pregnancy or parental leave.
10. An employee returning from an authorized pregnancy or parental leave shall be
reinstated to their former position or a position equivalent in pay, benefits and other
terms and conditions of employment, which the employee was receiving prior to the
commencement of the leave. However, if the employee's position would have been
eliminated or the employee would have been dismissed but for the leave, the
employee does not have the right to be reinstated upon return from leave.
Approved By: Medina City Council Date: December 20, 2005; Amended January 4, 2011;
January 18, 2011; August 6, 2014; February 21, 2017
6.50 Parental Leave
Personnel Policy
MEDINA
6.55 Bone Marrow and Organ Donation Leave
Purpose:
To define the scope and eligibility for an employee to take bone marrow and/or organ
donation leave.
Policy:
1. 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 and/or an organ. The 40 hours of paid leave
will not be taken from the employee's accrued leave banks; it is given to the
employee over and above the amount of accrued time the employee has earned.
2. The City may require a physician's verification of the purpose and length of the
leave requested to donate bone marrow and/or an organ. If there is a medical
determination that the employee does not qualify as a bone marrow donor and/or
organ donor, the paid leave of absence granted to the employee prior to that
medical determination is not forfeited.
Approved By: Medina City Council Date: July 15, 2014.
6.55 Bone Marrow Donation Leave
Personnel Policy
MEDINA
6.60 Leaves of Absence - Other
Purpose:
To define the scope and eligibility for other employee leaves of absence.
Policy:
1. The City Council may grant any employee a leave of absence without pay for a
period not to exceed 90 days. In extenuating circumstances, the Council may grant a
leave without pay for a period longer than 90 days if it determines that such a leave is
necessary and feasible in order to reasonably accommodate an employee by law. In
unusual circumstances, a department head may grant an employee leave without pay,
not to exceed 8 hours, without first consulting the City Administrator. The City
Administrator may grant an employee leave without pay, not to exceed 30 days,
without first consulting the City Council.
a. Insurance coverage will be made available to the employee while they are
on leave. The City will continue to provide the City's share of insurance
plan costs or health care premiums while the employee is on leave as long
as the employee returns to work after the leave for at least the length of the
leave. Failure to comply with this provision may result in the requirement
of the employee to pay back the City's share of insurance plan costs or
health care premiums that were provided during the leave.
b. No personal leave or sick leave benefits shall accrue nor will holidays be
paid during a leave of absence.
c. Prior to starting a leave of absence without pay, the employee shall be
required to exhaust the personal holiday and all accumulated leave and
compensatory time. The City may not require the employee to use
accumulated sick leave unless the leave of absence is for an employee's
illness, injury, disability or health related treatment that qualifies for the
use of sick leave.
d. An employee returning from an authorized leave shall be reinstated to
their former position or a position equivalent in pay, benefits and other
terms and conditions of employment, which the employee was receiving
prior to the commencement of the leave. However, if the employee's
position would have been eliminated or the employee would have been
6.60 Leaves of Absence - Other
Personnel Policy
MEDINA
dismissed but for the leave, the employee does not have the right to be
reinstated upon return from leave.
2. School Conferences and Activities Leave — Any employee may take unpaid leave of
up to 16 hours during any school year, to attend school conferences or classroom
activities related to the employee's child, provided the conference or classroom
activities cannot be scheduled during non -work hours.
Approved By: Medina City Council Date: December 20, 2005; Amended January 4,
2011; February 21, 2017
6.60 Leaves of Absence - Other
Personnel Policy
MEDINA
7.10 Termination & Resignation
Purpose:
To define methods of employment termination and procedures for providing notice of
resignation.
Policy:
Termination
Employees of the City may leave City service because of death, retirement, resignation,
dismissal for cause, reduction or change of work, lack of funds, or other reasons. An
employee dismissed for cause is terminated not in good standing.
Resignation
Any employee desiring to leave City service in good standing shall file with the City
Administrator or department head, at least fourteen (14) days before leaving, a written
and signed resignation stating the effective date of the resignation. Department heads
shall provide 30 days notice. Any vacation or other leave time used after the notice must
be approved by the Department head. An employee who has provided their resignation
notice will not be allowed to withdraw the notice unless approved by the City
Administrator in his/her sole discretion.
Failure to comply with this procedure may be considered cause for denying termination
pay (see Termination Payout policy). Unauthorized absence from work for a period of
three (3) working days may be considered by the department head as a resignation
without termination pay (see Termination Payout policy).
Penalties
Termination not in good standing will be noted in the employee's personnel file. In that
case, the employee may not be considered eligible for re-employment.
Approved By: Medina City Council Date: December 20, 2005
7.10 Termination & Resignation
Personnel Policy
MEDINA
7.20 Termination Payout
Purpose:
To define eligibility of benefit payout upon employment termination.
Policy:
Personal (Vacation) Leave
An employee leaving City employment in good standing will be paid any remaining
balance of accrued personal leave in the employee's last payroll.
Sick Leave
An employee leaving City employment in good standing will be paid any remaining
balance of accrued sick leave in accordance with the City's Sick Leave policy.
Approved By: Medina City Council Date: December 20, 2005
7.20 Termination Payout
Personnel Policy
MEDINA
7.30 Exit Interviews
Purpose:
The City desires to determine the purpose of a voluntary resignation to improve the
quality of the work environment and retention of quality employees.
Policy:
The City Administrator, at his/her sole discretion, may require request that an exit
interview be conducted of an employee voluntarily leaving City employment. The exit
interview will -may be conducted by a non -City employee in a form and manner desired
by the City Administrator. The terminating employee will be paid their normal base rate
of pay for the exit interview. The exit interview will be reviewed by the City
Administrator and placed in the employee's personnel file.
Approved By: Medina City Council Date: December 20, 2005
7.30 Exit Interviews
Personnel Policy
MEDINA
8.10 Communication
Purpose:
The City desires to maintain a work environment that fosters open communication and
encourages productive dialogue between employees, their supervisors, and their co-workers.
Policy:
1. When making suggestions, voicing concerns, or providing other work -related input, it is
expected that an employee will communicate with his/her department head. Department
heads are expected to communicate such suggestions, concerns or other work -related input to
the City Administrator. Employees are allowed to communicate with the Mayor and City
Council on work -related matters involving factual information or under emergency
circumstances. Employees, with the exception of the City Administrator, should not engage
in policy discussions and strategies, or take directives from the Mayor or individual Council
members, unless authorized otherwise by the City Administrator. It is encouraged that
Department heads communicate through the City Administrator when contact is needed with
the Mayor and City Council.
2. Employees and volunteers providing information to the public or media should always
maintain a courteous and professional demeanor, and exercise good judgment in providing
any explanations or interpretations of the information.
3. News Releases — News releases concerning municipal affairs are the responsibility of the
City Administrator or his/her authorized designee. Any employee who is requested by the
news media to give information regarding City business shall refer such request to the City
Administrator or his/her designee. An employee shall not issue City of Medina news
releases without prior approval of the City Administrator or his/her designee. In cases of
emergency, the incident commander or public information officer at the emergency scene, or
his/her designee is authorized to release information about the situation to the news media.
4. Data Practices — Only employees and volunteers authorized by the responsible Department
head may release data classified as public data by the MN Data Practices Act. Authorized
employees or volunteers must consult with their Department head, the City's responsible
authority, or the City Attorney's Office regarding the classification of requested data and
whether it should be released.
Approved By: Medina City Council Date: December 20, 2005
8.10 Communication
Personnel Policy
MEDINA
8.20 Use of City Property
Purpose:
To provide guidelines for the employee use of City equipment.
Policy:
1. The City expects employees to responsibly use and care for the equipment,
machinery, and tools available to them to effectively and efficiently accomplish their
assigned duties. Policies related to technology may be found in the City's
Technology policy.
2. Personal use of City equipment, machinery, or tools is prohibited, except as identified
in the City's Technology policy or elsewhere in the Personnel Policy.
3. City Vehicle Use
a. The City Administrator shall approve the job classification that requires the
use of a City -owned vehicle on a take-home basis.
b. Any employee on City business is encouraged to use a City -owned vehicle
when practicable.
c. The use of City -owned vehicle during regularly scheduled work hours for
personal reasons is prohibited, unless approved by the employee's Department
head.
d. An employee who drives either a City -owned vehicle or their own personal
vehicle for City business must be mindful of all traffic regulations and is
required to have a valid driver's license. Driving records of City employees
will may be checked on an annual basis, for verification of a valid driver's
license, for liability and for insurance related purposes.
4. Any employee who has authorized possession of keys, keycards, tools, cell phones,
electronic devices, or other eCity-owned equipment must register his/her name and
the serial number (if applicable) or identifying information about the equipment with
his/her supervisor.
a. All such equipment must be turned in and accounted for by any employee
leaving employment with the eCity in order to resign in good standing.
8.20 Use of City Property
Personnel Policy
MEDINA
b. Employees are responsible for the safekeeping and care of all such
equipment.
c. The duplication of keys owned by the eCity is prohibited unless
authorized by the eCity aAdministrator.
4,5.A violation of this policy can be the cause for discipline. The disciplinary action
imposed will be based on the severity of the violation and will not necessarily follow
the City disciplinary policy in this Personnel Policy.
Approved By: Medina City Council Date: December 20, 2005
8.20 Use of City Property
Personnel Policy
MEDINA
8.30 Technology
Purpose:
To provide guidelines for the use of equipment related to technology (including, but not
limited to, computers, tablets, telephones, cell phones, printers, cameras, etc.), as well as
operation of the City's- websiteWcb site, social media sites, and access to the Internet and
personal e-mail by staff.
Policy:
1. Employees are expected to use good judgment in their responsible and reasonable use
of the City's technology. Personal use of the equipment must not compromise the
City's standards, values or ordinances. Employees have no expectation of privacy in
the use of City owned equipment, files, e-mail, or voice mail. The City's equipment
may not be used for illegal activities or activities that will negatively impact the
performance of the City's system. Examples of inappropriate uses are: adult
entertainment, sexually explicit material, political activities, or material advocating
intolerance or disrespect for other people, races, or religions. Examples of illegal
activities are: activities that result in personal gain for a public employee, child
pornography, pirating of software, and copying copyrighted information.
• Personal Use of Computers — Employees may use technology for personal use
provided that use does not interfere with or pre-empt City business and is
done at appropriate times (breaks, before work, after work). Downloading of
software, real-time services should be limited as they require significant
bandwidth.
•—Personal Use of City Phones — Limited personal phone calls on city -owned
phones are allowed without reimbursing the City. Employees must reimburse
the City for all strictly personal phone calls made on the City's phone when
number of minutes on the rate plan are exceeded.
2. Employees wishing to use hardware or software other than the equipment provided by
the City are required to consult with the City Administrator or with the City's IT
consultant prior to the installation of the equipment.
3. Any software programs or custom designed databases, logos or websites developed
for use by the City becomes the property of the City. Software programs may not be
sold or distributed in any way without prior approval.
8.30 Technology
4. Ensure Security — Employees must keep their passwords confidential and equipment
properly maintained and secured. User passwords must adhere to the following
requirements:
• Must not be based on user's account name
• Be a minimum of eight characters in length
• Be changed every 90 days
• Enforce password history with 21 unique passwords before repetition
• Contain characters from at least three of the following four categories
Uppercase alphabet characters (A Z)
Lowercase alphabet characters (a z)
Arabic numbers (0 9)
o Non alphanumeric characters (for example: @ ! $ tt %)
• When possible, use multifactor or two factor authentication (MFA, a.k.a
2FA)
• Employees are required to use a eCity-provided password manager with
MFA enabled. This is to facilitate long passwords and enable employees
to have no two passwords the same for any online sign -ins.
5. Telecommuting — Department heads desiring to work from a remote site, such as a
home office, must obtain permission from the City Administrator. The City
Administrator will contact the City's IT consultant to set up remote access for the
user. A reliable current -model compatible computer and anti -virus software
acceptable by the IT consultant will be required at the employee's expense.
6. Right to Inspect — The City has the right to inspect the contents of any City -owned
equipment, files, e-mail, or voice mail for any reason. The City also has the right to
inspect any employee owned equipment that is being used to conduct City business if
there is cause to do so. By using the City's technology, all users consent that the City
may, at its discretion, inspect, use or disclose any electronic communications and/or
data without further notice for any legitimate business, legal or disciplinary purpose
and may disclose or disseminate such data to appropriate third parties.
7. WebsiteWeb Sitc Departments are encouraged to work with the City's webmaster
or his/her designee, in the operation and development of the websiteWeb site.
Departments are responsible for checking their information on a monthly basis to
ensure that the information is current and fresh.
8. A violation of this policy can be the cause for discipline. The disciplinary action
imposed will be based on the severity of the violation and will not necessarily follow
the City disciplinary policy in this Personnel Policy.
8.30 Technology
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010; Amended April 5, 2016.
8.30 Technology
Personnel Policy
MEDINA
8.60 Workplace Safety
Purpose:
The City recognizes its responsibility to provide a workplace in which safety is promoted
and hazards are either removed, prevented, or minimized.
Policy:
1. Employees are responsible for observing all safety rules and procedures.
2. 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.
2,3.Any employee routinely exposed to hazardous substances or harmful physical agents
as defined in the Minnesota Employee Right to Know Act of 1983 (Laws 1983, Ch.
316, Minn. Stat. 182.65-182.675) shall be trained before being assigned or reassigned
work exposing the employee to such substances or agents and shall be given training
annually thereafter. Training shall include an explanation of how and where
information about hazards is stored in the workplace, how the hazards are labeled,
and where to obtain specific information. The City's designated safety officer shall
provide for such training and for the City's compliance with the Employee Right -to -
Know Act, the Workplace Accident and Injury Reduction Act, and other state and
federal OSHA -related requirements including: the establishment of a written
program, the identification of all hazardous substances, the acquisition and
maintenance of Material Safety Data Sheets, and the monitoring of containers for
proper labels.
4. An employee acting in good faith has the right to refuse to work under conditions
which the employee reasonably believes present an imminent danger of death or
serious physical harm to the employee.
3-5.Supervisors are authorized to send an employee home immediately when the
employee's behavior violates the eCity's personnel policies, department policies,
or creates a potential health or safety issue for the employee or others.
Approved By: Medina City Council Date: December 20, 2005
8.60 Workplace Safety
Personnel Policy
MEDINA
8.70 Firearms at Work
Purpose:
To establish a policy prohibiting all employees, except sworn employees of the Police
Department, from carrying or possessing firearms while acting in the course and scope of
employment for the city.
Policy:
The possession or carrying of a firearm by employees other than sworn Police Officers is
prohibited while working on city property or while working in any location on behalf of
the city. This includes but is not limited to:
• Driving on city business;
• Riding as a passenger in a car or any type of mass transit on city business;
• Working at city hall or any other city -owned work site;
• Working off -site on behalf of the city;
• Performing emergency or on -call work after normal business hours and on weekends;
• Working at private residences and at businesses on behalf of the city;
• Attending training or conferences on behalf of the city;
An exception to this policy is that city employees may carry and possess firearms in city -
owned parking areas if they have obtained the appropriate permit(s). Therefore, if a city
employee must drive his or her personal vehicle on city business, he or she may check a
firearm with the city Police Department during the workday and retrieve it after work.
The Police Department will establish procedures to ensure that the firearm is locked up
and is not able to be retrieved by anyone other than the owner/employee.
When responding to on -call work from home after regular work hours, an employee is
prohibited from bringing a firearm in their private vehicle unless the vehicle remains in a
parking lot and is not needed in order to respond to the call.
Violations of this policy are subject to disciplinary action in accordance with the city's
disciplinary procedure policy.
City of Medina City Council approved, 6/3/2003
Amended by: Medina City Council Date: December 20, 2005
8.70 Firearms at Work
Personnel Policy
MEDINA
8.80 Drug -Free Workplace
Purpose:
The City desires to adopt policies to establish a drug -free workplace.
Policy:
In accordance with federal law, the City has adopted the following policy on drugs in the
workplace:
1. Employees are expected and required to report to work on time and in appropriate
mental and physical condition for work. The City's goal is to provide a drug -free,
safe, and secure work environment.
2. The unlawful manufacture, distribution, possession, or use of a controlled substance
on City property or while conducting City business is absolutely prohibited.
Violations of this policy will result in disciplinary action, up to and including
termination, and may have legal consequences.
3. Employees taking a lawful controlled substance, including prescription and over-the-
counter controlled substances, which may impair their ability to perform their job
responsibilities or pose a safety risk to themselves or others, must advise their
supervisor of this before beginning work. It is the employee's responsibility to seek
out written information from his/her physician or pharmacist regarding medication
and any job performance impairment and relay that information to his/her supervisor.
In the event of such a disclosure, the employee will not be authorized to perform
safety -sensitive functions.
3 4.The City recognizes drug dependency as an illness and a major health problem. The
City also 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.
45.Employees must, as a condition of employment, abide by the terms of the above
policy and must report any conviction under a criminal drug statute for violations
occurring on or off the work premises while conducting City business. A report of
the conviction must be made within five days after the conviction as required by the
Drug -Free Workplace Act of 1988.
8.80 Drug -Free Workplace
Personnel Policy
MEDINA
Approved By: Medina City Council Date: December 20, 2005
8.80 Drug -Free Workplace
Personnel Policy
MEDINA
8.90 Smoke Free Workplace
Purpose:
To maintain the health, comfort, and respect in the workplace, the City wishes to limit
smoking to designated areas.
Policy:
1. All City buildings, and City owned vehicles, in their entirety, shall be designated as
"Smoke Free," meaning that all persons shall be prohibited from smoking cigarettes,
cigars, pipes, using chewing tobacco, snuff, or other related tobacco substances while
in such City facilities or City owned vehicles.
2. If smoking results in discomfort to others, smokers are required to stop smoking.
3. Employees who smoke should remain at least 10 feet from doors to buildings and
should place cigarette butts in appropriate trash containers. Smoking in non -approved
areas may result in disciplinary action.
4. The City shall pay for any employee who voluntarily attends one or more smoking
cessation programs upon City Council approval.
Approved By: Medina City Council Date: December 20, 2005
8.90 Smoke Free Workplace
Personnel Policy
MEDINA
8.95 Severe Weather Conditions
Purpose:
To set forth an appropriate emergency response for employees at City Hall and facilities
in the event of a tornado or other severe weather event, which may require taking shelter
or closing of City offices.
Policy:
1. In the event of a tornado, proceed to the areas marked on the evacuation floor plan
as a safe weather area. Go to the closest area, sit down on the floor along the
wall, and quietly await your Department head. After you have been counted, the
supervisor will give you directions for safety or dismissal. Employees must not
leave the area without their Department head approval.
2. Employees are to be alert for changing weather conditions and act accordingly. If
the City of Medina is open and an employee does not report to work or leaves
early in the interest of their own safety, then that employee must report off work
and use compensatory, personal or vacation time or leave without pay.
3. In the event of a severe weather event, the Mayor or City Administrator may close
City offices. Employees Certain employees mayare not be required to report to
work and are not required to use compensatory, personal time, vacation time or
leave without pay. Police Officers and Public Works employees shall report to
work regardless of weather conditions.
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010.
8.95 Severe Weather Conditions