City of Fairfax, MN
Renville County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fairfax 7-1-1997. Amendments noted where applicable.]
A. 
Purpose of rules.
(1) 
It is the purpose of these rules to implement Minnesota Statutes Chapter 44. These rules are policy declarations promulgated pursuant to state law and City ordinance.
(a) 
Employment in the City service shall be free of considerations regarding political affiliation, race, marital status, religion, sex, sexual orientation, creed, color, age, national origin, disability status, or status with regard to public assistance.
(b) 
Fair and competitive conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government.
(c) 
A fair administration of these rules shall be maintained considering the interests of the public and the interests of its employees.
(d) 
Employees covered by these rules shall be subject to satisfactory conformance with these rules, other work rules, safety rules, satisfactory performance of work, the necessity for performance of work, the availability of funds, and other relevant factors.
(e) 
Certain employees of the City have the right to be represented by a collective bargaining organization of their choice. The provisions of any labor agreement between the City and a certified representative of City employees which directly modify or abridge any of these rules shall prevail.
(f) 
A probationary employee may be reassigned, demoted or discharged summarily, at the sole discretion of the City. During a promotional probationary period, an employee may be demoted or reassigned summarily at the sole discretion of the City.
(2) 
It is not the purpose of these rules to delineate management's rights in the efficient operation of the City. Rather, these rules are intended to be guidelines to help ensure employees are protected from actions based on political or non-job-related characteristics.
(3) 
To the extent these policies conflict with state or federal law, as amended, the state or federal statute shall preside.
B. 
Adoption and amendment of rules. The City Clerk-Treasurer shall recommend such rules that may be necessary to carry out the provisions of state law and City ordinance and shall prepare amendments to the rules upon request by the City Council or Clerk-Treasurer's own initiative. At a regular meeting of the City Council the Council shall adopt by resolution, with or without amendment, and after posting in a conspicuous place in the Municipal Building, and after filing in the City Clerk-Treasurer's office, the rules shall be effective. Amendments of the rules shall be approved by the City Council at a regular meeting. After adoption, with or without amendment, by the City Council and after posting and filing as provided herein, the amendments shall become part of the rules.
C. 
Designation of positions by type.
(1) 
Duration of position.
(a) 
Regular full-time position. The duration of a regular position is indefinite and that the position has been explicitly approved by the City Council and reflected in the adopted City Budget. Employment is full-time.
(b) 
Regular part-time position. The duration of a regular, part-time position is indefinite but is expected to be longer than six months. The position has been explicitly approved by the City Council. Employment is part-time, with a minimum of 20 hours per week.
(c) 
Temporary position. The duration of a temporary position is generally fixed and usually for a relatively short period of time. Temporary positions include positions created to handle periodic increases in workload, seasonal work programs and may be full or part time.
(2) 
Types of employment.
(a) 
Full-time employment. Employment engaged in for that number of hours per day and/or days per week that make up full-time employment. The forty-hour workweek constitutes full-time employment.
(b) 
Part-time employment. Employment for less than the regularly established number of hours per day or days per week that make up full-time employment.
As used in these rules, the following words and terms, unless the context clearly indicates otherwise, shall have the meaning as defined herein:
ALLOCATION
The assignment of an individual to an appropriate class on the basis of the kind, difficulty, and responsibility of the work performed in the position.
APPOINTING AUTHORITY
The City Council or City employee the Council has delegated as the authority.
ASSEMBLED EXAMINATION
An examination administered to all candidates for a position at the same time and place. The exam may be written, oral, or combination of both.
BENEFITS
Privileges granted to employees which are included in the total compensation to employees, including vacation leave, sick leave, personal leave, holiday leave, military leave; medical, life, and dental.
CERTIFICATION
The process by which one is certified for consideration for employment with the City.
CERTIFY
To assure that an individual has met the established qualifications for a position thereby becoming eligible for consideration for employment with the City.
CLASSIFICATION, CLASS or CLASS OF POSITIONS, JOB
A group of positions sufficiently similar in duties, authority, and responsibility to warrant the same class title, qualifications, and the schedule of pay for all positions in the group.
COMPENSATORY TIME
Time off from work at the employee's normal straight time rate of pay. For employees not exempt from the provisions of the Fair Labor Standards Act, compensatory time shall be computed at 1 1/2 times the number of overtime hours worked.
DAYS
Calendar day, including Saturday, Sunday, and holidays unless otherwise specified in these rules.
DEMOTION
The change of an employee's status from a position in one class to a position in another class, that could include a reduction in salary, due to incompetence, inefficiency or misconduct.
EXEMPT
A person who is exempt from the provisions of the Fair Labor Standards Act.
GRIEVANCE
An interpretation, application, claim of breach, or violation of these rules.
IMMEDIATE FAMILY MEMBER
A spouse, children, siblings, parents, grandparents, aunts, uncles, nephews, nieces, in-laws or grandchildren.
LAYOFF
The elimination of a regular or regular part-time position by the appointing authority.
LONGEVITY
The total length of service with the City as a regular full-time employee, including the employee's initial probationary period.
NONEXEMPT
A person who is not exempt from the provisions of the Fair Labor Standards Act.
OVERTIME
Time worked in excess of the established workday or workweek.
POSTING
Actual display of a document on various departmental bulletin boards that are conspicuous to employees in each department.
PROBATIONARY EMPLOYEE
An employee appointed to a regular position serving the initial six-month probationary period.
PROBATIONARY PERIOD
The first six months an individual is employed in a new position. The probationary periods is a working test period during which the employee may be terminated summarily at the sole discretion of the City.
PROMOTION
A change of an employee's status from a position in one class to a position in another class having a higher maximum salary rate.
RECLASSIFICATION
A change in a class of an individual position by raising it to a higher class, reducing it to a lower class, or moving it into another class at the same level on the basis of changes in the kind, difficulty or responsibility of the work performed.
REGULAR EMPLOYEE
An employee appointed to an authorized, budgeted position in accordance with these rules, and has successfully completed the probationary period.
REGULAR PART-TIME POSITION
A part-time position that is expected to be longer than six months and the position has been expressly approved by the City Council.
REGULAR POSITION
A full-time position that has been expressly approved by the City Council and reflected in the adopted City Budget.
SERIOUS HEALTH CONDITION
An illness, injury, impairment, or physical or mental condition that involves:
A. 
Inpatient care in a hospital, hospice, or residential medical care facility;
B. 
Prenatal care; or
C. 
Continuing treatment by a health care provider, which, left untreated, would likely result in an absence from work of more than the three days.
TEMPORARY POSITION
A position with the City in other than a regular position or a regular part-time position.
VETERAN
A person entitled to veteran's preference.
WORKDAY
The standard workday is eight hours in a consecutive twenty-four-hour period. Department heads may establish a different workday for an employee, not to exceed 10 hours in a consecutive twenty-four-hour period. Once established, the workday remains fixed but may be changed by the department head if the change is intended to be permanent. Different workdays may be established for different employees or groups of employees.
WORKWEEK
A fixed and regularly recurring period of 168 hours (seven consecutive twenty-four-hour periods). It need not coincide with the calendar week but may begin on any day and at any hour of the day. The beginning of the workweek shall be established by the department head; and, once established, it remains fixed. However, it may be changed by the department head if the change is intended to be permanent. Different workweeks may be established for different employees or groups of employees.
A. 
Adoption of classification plan. The City Council shall adopt a job classification plan. Each position is assigned to a class based on the their duties and responsibilities, authority, qualifications, requirements and competence. Positions in the same class shall be sufficiently similar to permit the use of a single job title and the same pay range or grade. The class may contain one position or more than one position. The job classification plan shall set forth in a class specifications for each class of positions a class title, a general statement of duties, essential functions, authority and responsibilities, and the minimum qualifications that are necessary and qualifications desirable for the satisfactory performance of the duties of the class (Attachment A Classification Pay Plan).[1]
[1]
Editor's Note: Attachment A, the Classification Pay Plan, is on file in the City offices.
B. 
Allocation and reallocation of positions. After the adoption of the classification plan, the City Clerk-Treasurer shall allocate each position to its appropriate class or reallocate positions to different classes when necessary. The class to which each position is initially allocated following adoption of these rules shall be the class in which the employee has status at the time of adoption. When a new position is created for which no appropriate class exists, or when the duties of an existing position are sufficiently changed so that no appropriate class exists, or when the duties of an existing position are sufficiently changed so that no appropriate class exists, the City Clerk-Treasurer shall prepare a new class specification. The incumbent of a position which is reallocated to a different class shall continue in the position if the employee is properly qualified for that position or the employee may compete in the examination to fill the reallocated position. When a position is reclassified or reallocated to a new classification because the incumbent has assumed substantially increased duties and responsibilities, the incumbent will not be required to pass an examination to prove the incumbent's qualification for the position. A copy of the job classification plan and any amendments thereto shall be filed with the City Clerk-Treasurer.
A. 
Preparation and adoption. The City Clerk-Treasurer shall prepare and submit to the City Council for its approval a pay plan which shall consist of the minimum and maximum rate of pay for each class. Each class shall be assigned to a pay range or grade and all position in the class shall be compensated for according to that range or grade. A pay range or grade shall be assigned to each class according to the responsibilities of the class, the duties and pay for other classes, prevailing rates of pay for comparable positions in public and private employment in the area, fringe benefits received by employees, the financial policy of the City, federal and state statutes and other pertinent economic factors.
B. 
Annual review, amendments and modification. At least once each year at budget time prior to the beginning of the following fiscal year, the City Council shall review the pay plan, make desired changes and approve all pay ranges or grades for the succeeding year. However, the City Council may modify any or all of the pay ranges or grades as set forth in the pay plan at any time. The City Council may also set an effective date for the pay plan. All pay ranges and grades, including longevity or performance increases, shall be construed as policy declarations and not binding permanent contractual obligations between the City and its employees. Any amendments to the pay plan shall be based on changes in the responsibilities or the duties of the classes, recruiting experience, rates of pay and benefits in the public and private sector, the City's financial status, general economic conditions, federal or state law, or other pertinent factors warranting such action.
C. 
Individual pay rates upon appointment for nonexempt, regular full-time positions. The pay rate paid to each nonexempt employee shall be only according to the pay plan and only to the extent provided for by the City Council appropriation. The beginning rate of pay Step 1 shall usually be paid upon appointment in any classification. Appointments may be made by the City Council at Step 2 or Step 3 of a pay range in recognition of exceptional qualifications of an applicant or recruiting experience. If a former City employee is reemployed in a class in which the employee was previously employed, the City council may authorize appointment to a Step 2 or Step 3 of the pay range.
D. 
Pay increases for nonexempt, regular full-time positions. Nonexempt employees who satisfactorily complete their initial probationary period at Step 1 in the pay range shall be eligible to a one-step increase. After completion of an additional 12 months of satisfactory service, the employee shall be eligible to an additional one-step increase. When an employee begins at a rate above the minimum, either Step 2, or Step 3, increases after six and 18 months of satisfactory service may be granted upon the recommendation of the employee's supervisor, with the concurrence of the City Council. Increments above the these rates are to provide a means of recognizing continued satisfactory service and shall be designated as longevity pay and merit increases. Pay increases are grievable through the grievance procedure.
E. 
Individual pay increases for nonexempt, regular full-time positions in the performance range. A nonexempt employee who has completed 18 months of satisfactory service, and the employee's position is in the performance range of the pay plan, is eligible for a performance increase. A performance increase may be granted by the City Council upon the recommendation of the department head. Performance based increases may be granted to an eligible employee at any time following the employee's completion of 18 months of service. The amount of the employee's increase shall be determined by the City Council. Pay increases are grievable through the grievance procedure.
F. 
Individual salary rates upon appointment: exempt executive-supervisory, professional, and administrative employees. The salary for an exempt employee shall be only according to the pay plan and only to the extent provided for by the City Council appropriation. The City Council may establish the starting salary based upon the level of compensation necessary to attract and retain competent and qualified personnel, the responsibilities of the position, recruiting experience, state and federal statutes, and other pertinent factors.
G. 
Salary increases for exempt executive, supervisory, professional, and administrative employees.
(1) 
A salary increase for an exempt employee shall be only according to the pay plan and only to the extent provided by City Council appropriation. All salary recommendations and resultant increases, if any, shall be based upon, but not limited to, the following factors:
(a) 
Performance.
(b) 
Relationship of salary with that of those supervised.
(c) 
Recognition of differences in professional training and experience.
(d) 
Degrees of responsibility, number of employees supervised, and scope of programs.
(e) 
Degree of confidence in the employee.
(2) 
Pay increases are grievable through the grievance procedure.
H. 
Work periods.
(1) 
Workweek. The regular workweek is a fixed and regularly recurring period of 168 hours (seven consecutive twenty-four-hour periods). It need not coincide with the calendar week but may begin on any day and at any hour of the day. The beginning of the workweek shall be established by the department head, and once established, it remains fixed. However, it may be changed by the department head if the change is intended to be permanent. Different workweeks may be established for different employees or groups of employees. The forty-hour workweek constitutes full-time employment.
(2) 
Workday. The standard workday is eight hours in a consecutive twenty-four-hour period. Department heads may establish a different workday for an employee, not to exceed 10 hours in a consecutive twenty-four-hour period. Once established, the workday remains fixed but may be changed by the department head if the change is intended to be permanent. Different workdays may be established for individual employees or groups of employees.
(3) 
Work breaks. Nonexempt employees may receive not more than 15 minutes during the first half and not more than 15 minutes during the second half of the workday for work breaks or equivalent time off with pay. Work breaks shall not be taken immediately after the starting time nor immediately preceding the end of the workday.
(4) 
Time off. Nonexempt employees shall not be granted any time off with pay except in the form of leaves as permitted by these rules. Exempt employees may be granted short periods of time off with pay, not to exceed two hours, for personal matters of necessity.
I. 
Pay for less than full-time work. When a regular employee works for a period of less than the established workday or workweek, the amount paid shall be proportionate to the time actually worked, unless accrued benefit hours are used. Department heads may authorize short-term, unpaid leaves of absence of up to one calendar week only when it is deemed to be in the best interest of the City.
J. 
Overtime pay, compensatory time, call back pay.
(1) 
Overtime pay.
(a) 
Nonexempt employees who work hours in excess of the established workday or workweek shall be compensated at a rate of 1 1/2 times their base hourly rate of pay for the hours worked in excess of the established workday or workweek. Overtime rates will not be paid for time not worked.
(b) 
Exempt employees defined by the Fair Labor Standards Act shall not receive cash payment for overtime worked. The City Council may authorize additional pay to an exempt employee in specific instances when such payment is warranted.
(2) 
Compensatory time. For hours worked by nonexempt employees in excess of the established workday or workweek, compensatory time may be granted by the employee's department head in lieu of overtime pay. Compensatory time shall be at the rate of 1 1/2 times the hours worked in excess of the established workday or workweek. Overtime pay or compensatory time will not be paid for time not worked. The maximum total accrued compensatory time shall not exceed 80 hours per employee.
(3) 
Call back pay. A nonexempt employee called back to work at a time other than a normal scheduled shift shall receive pay at 1 1/2 times the employee's regular straight time hourly rate.
A. 
Announcement. A public notice of the time and place to file applications for regular full-time positions shall be published at least once in the official newspaper of the City. The public notice shall be published at least seven days in advance of the deadline for filing applications. The announcement shall specify position open, the manner of making application, the closing dates for accepting application, and other information which may be pertinent to making application.
B. 
Application forms. Application shall be made on written forms provided by the City Clerk-Treasurer. Applicants may be required to submit job related data, including certificates from educational and training institutions, and reasonable proof of any statements made. Applications may be accepted by the City Clerk-Treasurer at any time for any position. Applications shall remain on file for a period of one year from the date the application was received.
C. 
Disqualification of applications. The City Council may disqualify any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications shall also be disqualified after they have been on file for one year. Applications shall be disqualified if the applicant has made any omission, willful misrepresentation, deception, or false statement or attempted to practice a deception or fraud in the application.
D. 
Type and content of examinations. Examinations shall be prepared and administered under the direction of the City Clerk-Treasurer or representative. Examinations shall relate to those matters which test the capacity and fitness of the candidates to discharge effectively and efficiently the duties of the positions for which the examinations are held. Examinations may include a rating of an applicant's training and experience and may include written, oral, or performance tests or any combination of these. Interviews or examinations may be conducted.
E. 
Qualifications for examination and type of examination. All appointments and promotions shall be made according to merit and fitness. Examinations may either be open competitive examinations or promotional in-service examinations restricted to incumbent employees.
F. 
Method of rating. Uniform techniques and procedures shall be used in rating results of written, oral and performance examinations. The minimum passing rating for eligibility shall be established by the City Council.
G. 
Notification of examination results. Each person taking an examination shall be given notice when the applicant has attained a minimum passing rating. Each person taking an exam shall be entitled to inspect the applicant's own rating.
Veterans preference, employment. A veterans preference in employment with the City shall be in accordance with Minnesota and Unites States Statutes.
A. 
Objective and duration. Original appointments and promotional appointments shall be subject to a probationary period of six months.
B. 
Performance reports. At the end of the third month of the probationary period, the employee's supervisor shall submit a written report to the City Council. The report shall include an appraisal of the employee's performance and the supervisor's comments addressing employee's performance. At least 15 days prior to the expiration of an employee's probationary period, the employee's supervisor shall make a report to the City Council indicating if the supervisor recommends the City Council retain the employee in the position.
C. 
Satisfactory completion, removal, or dismissal. At any time during the probationary period, the appointing authority may dismiss an employee summarily at the sole discretion of the City. Any dismissal of an employee shall be reported in writing to the employee. If the employee is to be retained, the City Council shall make the regular appointment.
Employment records. The City Clerk-Treasurer shall maintain an employment file for each employee in accordance with the Minnesota Government Data Practices Act. The City Clerk-Treasurer shall maintain such records as are required by the Personnel Rules. The personnel records of the employee shall be available for review by the employee at reasonable times, and review of the records shall be permitted pursuant to State and Federal Statutes.
A. 
Attendance.
(1) 
All employees shall be in attendance in their positions in accordance with these rules and departmental rules and shall work the normal hours and the minimum number of hours a week as established for their positions in their respective departments. All departments shall keep attendance records of employees which shall be reported to the City Clerk-Treasurer's office.
(2) 
Each employee shall ensure that time worked and absences are correctly reported and the distribution of hours worked are charged to their proper accounts. Supervisors also shall be responsible for approving entries for subordinate employees.
B. 
Holiday leave.
(1) 
All regular full-time employees, probationary employees, and full-time temporary employees shall receive the following holidays off with pay:
(a) 
New Year' Day (January 1).
(b) 
Martin Luther King's Birthday (third Monday in January).
(c) 
President's Day (third Monday in February).
(d) 
Good Friday.
(e) 
Memorial Day (last Monday in May).
(f) 
Independence Day (July 4).
(g) 
Labor Day (first Monday in September).
(h) 
Veteran's Day (November 11).
(i) 
Thanksgiving Day (fourth Thursday in November).
(j) 
Christmas Day (December 25).
(2) 
If any holiday falls on a Saturday, the preceding Friday shall be taken off; if on a Sunday, the following Monday shall be taken off.
C. 
Holiday pay.
(1) 
When a nonexempt or exempt full-time employee works on one of the holidays listed in Subsection B the employee shall receive eight hours straight time pay or eight hours compensatory time off as compensation for the holiday along with the normal straight time pay for those hours worked.
(2) 
Regular part-time employees shall be eligible for holiday pay if the employee has worked 1,500 hours in the previous calendar year. The employee shall receive the normal straight time pay based on the normal workday schedule.
(3) 
Holidays which occur during vacation leave, personal leave or sick leave shall not be charged against said vacation leave, personal leave or sick leave but shall be charged against holiday leave.
D. 
Vacation leave.
(1) 
The City provides vacations with pay for all eligible employees for the purpose of rest and relaxation.
(2) 
Vacation benefits are accrued based on full-time employment (32-40 hours per week). Part-time and temporary employees are not eligible for vacation benefits. Overtime hours do not accrue vacation time. Vacation hours are not accrued when the employee is on sick leave, leave of absence or layoff. Prior to the completion of six months employment, vacation is accrued but not vested. Accrued vacation will be forfeited if termination is prior to completion of six months employment. Employees with six months or more of continuous employment will be paid all accrued vacation due upon termination and it will be calculated from the last active day worked.
(3) 
All regular part-time employees are eligible to receive vacation pay if the employee has worked 1,500 hours in the previous calendar year. The employee shall receive vacation pay, normal straight time pay, based on normal scheduled workweek.
(4) 
Eligible employees will accrue vacation in accordance with the following schedule:
ACCRUED VACATION LEAVE IN HOURS
Years of Employment
Total Vacation/Year
(hours)
Hours Accrued/Week
Maximum Accrual
(hours)
Less than 1 year
40
.77
40
2-7 years
80
1.54
160
8-15 years
120
2.31
240
16 or more years
160
3.08
320
(5) 
Regular employees will be paid unused accrued vacation following termination of employment, subject to the maximum accrual of this section. The rate of pay shall be the employee's normal base straight time rate of pay in effect on the employee's termination date.
E. 
Sick leave.
(1) 
All regular employees shall receive sick leave in the following manner: All regular employees shall be entitled to sick leave which shall accumulate at the rate of 1.54 hours per week and may accumulate to a total not to exceed 180 days. Each day of sick leave used in each year will be deducted from the amount of sick leave due the employee during that year, and each year any sick leave days accumulated over 40 days, up to five days in number not used can be taken as vacation, and the balance of sick leave left at the end of the year will be credited to the employee for future use in accordance with the above formula.
(2) 
Sick leave greater than two days' duration shall be granted only upon presentation of a doctor's certificate, if requested by the supervisor.
(3) 
If employees find it necessary to take time off for dental and doctor appointments during work hours, these hours shall be accumulated during the year and each accumulation of hours totaling eight shall be considered as one day sick leave used by the employee during the year.
(4) 
Upon termination of employment after being employed by the City for 10 years or more, the City shall pay 25% of the accumulated sick leave. Upon retirement after 20 years of employment with the City, the City shall pay 50% of the accumulated sick leave.
(5) 
Sick leave may also be used by an employee to care for an employee's spouse, child, parent, sister, brother, mother-in-law, or father-in-law who has a serious health condition.
(6) 
To receive compensation while absent on sick leave, the employee shall notify his or her supervisor prior to or within two hours after the time set for the beginning of the employee's workday.
F. 
Payment to supplement workers' compensation. A regular employee may be paid the difference between workers compensation benefits and the employee's normal net rate of pay (less federal and state taxes) by drawing on the employee's sick leave balance. The difference paid by the City shall be charged against the employee's accrued sick leave balance. In no event shall an employee's combined compensation and workers' compensation plus sick leave, exceed the employees normal net rate of pay.
G. 
Payments to disabled employees. Should an employee be absent for six or more consecutive calendar months, the employee shall be deemed to have exhausted the employee's sick leave, personal leave and vacation leave to facilitate payment of benefits provided by long-term disability and/or Public Employees' Retirement Association benefits.
H. 
Military leave. Military leaves of absence with or without pay shall be granted as provided in Minnesota and United States Statutes.
I. 
Jury duty. Probationary, regular and temporary employees shall be granted leave of absence for jury duty. While on jury duty, employees shall receive that portion of their salary which will, together with their jury duty pay or fees, equal their normal base salary for the same period.
J. 
Family/medical leave.
(1) 
A regular full-time employee is eligible for family/medical leave if the employee has been employed for the preceding 12 months and has worked a minimum of 1,250 hours during the twelve-month period preceding the commencement of the leave. Leave may be granted for the following reasons:
(a) 
Because of the birth of a child, and to care for that child.
(b) 
Because of placement of a child with the employee for adoption or foster care.
(c) 
To care for a spouse, child or parent of the employee if such spouse, child or parent has a serious health condition.
(d) 
Because of a serious health condition that makes the employee unable to perform the functions of the position.
(2) 
The length of leave shall not exceed 12 weeks in a twelve-month period. The twelve-month period is measured forward from the first date leave is used. Leave shall not be taken intermittently or a reduced leave schedule unless it is medically necessary for a serious health condition of the employee, the employee's spouse, child or parent. The City may request from an employee a certification issued by a health care provider to support a requested medical leave to care for child, spouse, parent, or for the individual eligible employee with a serious health condition.
(3) 
The certification shall be sufficient if it contains the following:
(a) 
The date the serious health condition commenced;
(b) 
The probable duration of the condition;
(c) 
The appropriate medical facts;
(d) 
A statement that the eligible employee is needed to care for the child, spouse, or parent and the estimated time that such employee is needed to care for the family member; or
(e) 
A statement that the employee is unable to perform the functions of the employee's job; and
(f) 
In the case of intermittent care, the dates on which such treatment is expected to be given and the duration of such treatment.
(4) 
During a period that an eligible employee takes leave under the family/medical leave, the City shall maintain coverage under the City's group health and dental plan for not more than a total of 12 weeks. Health and dental benefits and City contribution to premium payments shall be continued at the level of and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. The employee shall be required to continue payment of the employee portion of the health and dental premiums.
(5) 
If the employee fails to return to work after the family/medical leave, the City may recover the premiums paid by the City for group health and dental benefits unless the serious health condition of the child, spouse, parent or employee continues or for other circumstances beyond the control of the employee.
K. 
Parental leave.
(1) 
A regular full-time, regular part-time or temporary employee who has been employed by the City for a minimum of 12 months and averages 20 hours per week and who is a natural or adoptive parent in conjunction with the birth or adoption of a child shall be granted, upon written request to the City Council, an unpaid leave of absence for a period not to exceed three months. Prior to the City granting a parental leave, benefits eligible to the employee under family/medical leave shall be used first. In no event will the combination of family/medical leave and parental leave exceed six months duration unless an extension is for good cause, requested in writing by the employee, and granted by the Personnel Director. When an employee desires to return from parental leave, the employee shall advise the City in writing at least two weeks prior to the employee's intended date of return. The employee shall be returned to the position which the employee vacated at the commencement of leave with the same pay.
(2) 
For leaves requiring more than a three-month period for pregnancy, delivery and postpartum recuperation an additional leave of absence without pay may be granted on the basis that such action is taken in the best interest of the City.
L. 
School conference and activities leave. A regular full-time employee who has worked for the City for 12 months may take up to 16 hours unpaid leave during any twelve-month period to attend school conferences or classroom activities or child care activities for the employee's child which cannot be scheduled during non-work hours. The employee shall provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt City operations.
M. 
Bone marrow donation leave. A regular or probationary full-time or temporary employee who averages 20 or more hours per week who seeks to undergo a medical procedure to donate bone marrow will be granted up to 40 hours of paid leave. The City may require verification by a physician of the purpose and length of each leave requested.
N. 
Funeral leave. Personal leave, not to exceed three days, may be used to arrange funerals of members of an employee's immediate family. Additional days may be granted by the City Council. The immediate family shall be construed to mean: grandfather, grandmother, father, mother, mother-in-law, husband, wife, brother, sister, father-in-law, children and grandchildren of the employee. Sick leave to attend the funeral of a close friend or family member who is not considered part of the immediate family may be used, but must be requested for in advance and approved by the supervisor.
A. 
Group insurance. A group insurance contract providing health, dental and life insurance benefits for probationary and regular full-time employees and their dependents shall be maintained. All probationary employees are eligible to enroll in the group insurance program with the City; however, their coverage will not commence until the initial 30 days of service is completed subject to the terms and conditions of the City's contracts with its insurance carriers. The City shall pay the full cost, or fraction thereof, of an eligible employee's coverage as authorized by the City Council. Presently, 100% of the employee's premium is paid by the City and 70% of the difference between employee and dependent coverage is paid by the City.[1]
[1]
Editor's Note: Revised 10-24-2000 to increase percent on group insurance from 63% to 70%.
B. 
Automobile allowance. City employees shall be granted an automobile allowance when traveling on City business. The mileage allowance shall be the allowance the Internal Revenue has designated for tax purposes.
C. 
Training reimbursement. The Fire Department employees shall be eligible for training reimbursement at the rate of $55 per day plus mileage reimbursement at the current IRS allowance.
A. 
General policy.
(1) 
It shall be the general policy of the City to adjust grievances of employees within the framework of these rules and other regulations. Supervisory personnel of the City shall be responsible for receiving and acting upon grievances. Employees exercising their rights under this section shall be free from reprisal. No City employee may avail himself or herself of more than one grievance procedure on any one complaint.
(2) 
The processing of grievances is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours, only when consistent with such employee's duties and responsibilities. The aggrieved employee shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the City during normal working hours, provided the employee has notified and received the approval of the employee's supervisor.
B. 
Grievance procedure.
(1) 
First step. The employee shall take up the grievance with the employee's immediate supervisor within 10 working days of the date of the grievance or the employee's knowledge of its occurrence. The supervisor shall attempt to resolve the matter and shall respond to the employee within five working days.
(2) 
Second step. If the answer is not satisfactory, the employee's grievance shall be reduced to writing with a copy to the City Council within five working days of the supervisor's first step answer. All grievances shall state the fact upon which they are based, when they occurred, the specific provisions of the rules allegedly violated, the remedy requested, the avenue through which to redress is sought, and shall be signed by the employee who is aggrieved. The City Council shall give a written answer to the employee within five working days after the receipt of the written grievance. A copy of the supervisor's response shall be sent to the City Council. Any grievance not appealed in writing to the third step by the employee within five working days of receipt of the supervisor's response shall be considered waived.
(3) 
Third step. If the grievance is not resolved in the first and second step the employee may request a hearing before the City Council.
A. 
Suspensions. The City Council may suspend an employee without pay for periods not exceeding 90 working days in any calendar year for just cause. The basis of a suspension shall not be predicated on the employee's race, sex, creed, religion, color, age, national origin, disability, marital status, sexual orientation, political affiliation, or status with regard to public assistance. The City Council shall provide the employee with a written statement of reasons for the suspension. The written statement shall be furnished to the employee prior to the effective date of the suspension.
B. 
Dismissal. The City Council may dismiss any employee for just cause. The basis for a dismissal shall not be predicated on the employee's sex, creed, religion, color, age, national origin, disability, marital status, sexual orientation, political affiliation, or status with regard to public assistance.
C. 
Causes for suspension or dismissal. The following may be just cause for suspension, demotion or dismissal but shall not constitute the only causes for suspension or dismissal:
(1) 
Violation of any of the provisions of these rules, departmental work rules, safety rules, or City policy.
(2) 
Incompetence, inefficiency, or misconduct in the performance of an employee's duties.
(3) 
Violation of any lawful or official regulation or order or failure to obey and lawful direction given by a supervisor where such violation or failure to obey amounts to an act of insubordination.
(4) 
Intoxication or being under the influence of a narcotic while on duty.
(5) 
Inability or unwillingness of the employee to perform the essential functions of the employee's position, with or without reasonable accommodations.
(6) 
Dishonesty in the performance of duties.
(7) 
Absenteeism.
(8) 
Harassment based upon race, creed, color, religion, sex, national origin, age, marital status, sexual orientation, status with regard to public assistance, or disability.
(9) 
Theft.
(10) 
Conviction of a crime directly related to the employee's occupation.
D. 
Resignation.
(1) 
An employee wishing to leave the City service in good standing shall file with the employee's supervisor, at least 14 calendar days before termination of employment, a written resignation stating the effective date of the resignation and the reason for leaving.
(2) 
Unauthorized absences of work for a period of three consecutive working days may be considered as a resignation without notice.
E. 
Records of action to be filed. Copies of all written personnel actions pursuant to this section shall be filed with the City Clerk-Treasurer by the City Council.
A. 
Reports of personnel action.
(1) 
Copies of all written personnel actions taken by the City Council, upon which a hearing may be requested, are to be filed with the City Clerk-Treasurer.
(2) 
The City Clerk-Treasurer shall be responsible for filing copies of such actions with other officials such as required.
B. 
Request for hearing.
(1) 
When a regular employee is dismissed, suspended, or demoted for disciplinary reasons, the employee shall be entitled to a hearing pursuant to these personnel rules. Probationary employees shall not be entitled to such a hearing.
(2) 
Within 15 days after receipt of written notice of dismissal or suspension for disciplinary reasons, the employee shall file a written request for a hearing with the City Clerk-Treasurer. If such request is received by the City Clerk-Treasurer within 15 days after the employee has received written notice of the personnel action, the City Clerk-Treasurer shall file copies of the employee's request with the City Council.
C. 
Limitation on hearing.
(1) 
No regular employee shall be granted a hearing on the charges for any dismissal or suspension for disciplinary reasons unless the employee first files a written request with the City Clerk-Treasurer within the 15 days after the employee has received written notice of such disciplinary action. The fifteen-day period shall be calculated beginning with the day on which the written notice is received by the employee and counting each calendar day thereafter.
(2) 
Under Veteran's Preference the employee has 60 days to submit a hearing request. A veteran removed under the Act is entitled to be paid until the issuance of an award by the hearing process.
A. 
General. No employee of the City or applicant seeking employment thereto shall be appointed, promoted, dismissed or in any way favored or discriminated against because of sex, race, creed, religion, color, age, national origin, disability, sexual orientation, marital status, or political opinion or affiliation, or status with regard to public assistance. No person shall willfully or knowingly make any false statement, certificate, mark, rating or report in regard to any examination, certification, or appointment held or made under the provisions of these rules.
B. 
Gifts and gratuities.
(1) 
Employees shall be prohibited from requesting or soliciting any gift or gratuity from any other employee or member of the public.
(2) 
Employees shall also be prohibited from accepting an unsolicited gift or gratuity from an employee or any member of the public. A "gift" or "gratuity" shall not include the following:
(a) 
A plaque or similar memento recognizing an individual's services in a field of specialty or to a charitable cause.
(b) 
A trinket or memento of insignificant value.
(c) 
Informational material of unexceptional value.
(d) 
Usual or customary gift giving among employees during the holiday season, birthdays, retirements, weddings, baby showers, rolls, cookies, flowers, etc., provided by coworkers.
(e) 
Gifts from a family member.
(f) 
Food or beverage given at a reception, meal, or meeting away from the normal place of work by an organization before whom the employee is appearing to make a speech, or answer questions as part of the program.
C. 
Conflict of interest.
(1) 
Employees are prohibited from engaging in any activity, either directly or through an immediate family member, or other person acting on their behalf which will conflict, or may reasonably be viewed as conflicting with the employees' obligations and responsibilities to the City. An employee shall not use the City's name, information, or goodwill for personal gain.
(2) 
No employee shall enter into a relationship with a vendor where the employee's actions are, or could reasonably be viewed as, not in the best interests of the City. If an employee becomes involved in a possible conflict situation, the employee shall disclose the nature of the possible conflict to the employee's supervisor. The supervisor will notify the individual in writing of an approval or disapproval of the activity. If disapproved, the employee shall remove himself or herself from the conflict situation.
D. 
Sexual harassment.
(1) 
Employees shall be prohibited from participating in the sexual harassment of other employees or applicants for employment with the City of Fairfax.
(2) 
Sexual harassment includes the following: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment and (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (b) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (c) such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile working environment. (See complete Sexual Harassment Policy[1]).
[1]
Editor's Note: The Sexual Harassment Policy is located at the end of this chapter.
E. 
Drug and alcohol testing. The Drug and Alcohol Testing Policy of the City of Fairfax will conform to the requirements of state law as set forth in Minnesota Statutes Chapter 181 and the Federal Drug-Free Workplace Act of 1988. The Drug and Alcohol Policy approved by the City Council is administered by the Minnesota Municipal Utilities Association. (See Drug and Alcohol Testing Policy.)