[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:
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.
The City Council or City employee the Council has delegated as the
authority.
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.
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.
The process by which one is certified for consideration for employment
with the City.
To assure that an individual has met the established qualifications
for a position thereby becoming eligible for consideration for employment
with the City.
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.
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.
Calendar day, including Saturday, Sunday, and holidays unless otherwise
specified in these rules.
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.
A person who is exempt from the provisions of the Fair Labor Standards
Act.
An interpretation, application, claim of breach, or violation of
these rules.
A spouse, children, siblings, parents, grandparents, aunts, uncles,
nephews, nieces, in-laws or grandchildren.
The elimination of a regular or regular part-time position by the
appointing authority.
The total length of service with the City as a regular full-time
employee, including the employee's initial probationary period.
A person who is not exempt from the provisions of the Fair Labor
Standards Act.
Time worked in excess of the established workday or workweek.
Actual display of a document on various departmental bulletin boards
that are conspicuous to employees in each department.
An employee appointed to a regular position serving the initial six-month
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.
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.
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.
An employee appointed to an authorized, budgeted position in accordance
with these rules, and has successfully completed the probationary period.
A part-time position that is expected to be longer than six months
and the position has been expressly approved by the City Council.
A full-time position that has been expressly approved by the City
Council and reflected in the adopted City Budget.
An illness, injury, impairment, or physical or mental condition that
involves:
A position with the City in other than a regular position or a regular
part-time position.
A person entitled to veteran's preference.
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.
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:
(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.
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.)
