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HomeMy WebLinkAbout01-078 - ADMIN Resolution - City Council - 2001/08/20• • III RESOLUTION NO. 01-078 RESOLUTION ADOPTING CERTAIN PERSONNEL POLICIES RELATED TO ADMINISTRATION, EMPLOYMENT, COMPENSATION, LEAVE, REIMBURSEMENT PROGRAMS, AND POLITICAL ACTIVITIES OF EMPLOYEES OF THE CITY OF ST. LOUIS PARK WHEREAS, The mission statement adopted by the City Council to guide the actions of the City Council and City staff in conducting the City's business is "Delivering responsive municipal services to ensure a safe, welcoming and vital community now and in the future" and, WHEREAS, The City Council recognizes that in order to carry out the mission statement, the employees of the City of St. Louis Park must be provided with a safe and supportive working environment, and WHEREAS, The City Council wishes to adopt policies which ensure adequate compensation, leave and benefits for city employees and which protect the ethical standards of the City of St. Louis Park; and WHEREAS, The City Council has conferred upon the City Manager the power to establish and administer additional administrative policies and rules as may be appropriate to administer the employment practices of the City. NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of the City of St Louis Park hereby adopts the policies attached as Appendix A to this resolution; and LET IT BE FURTHER RESOLVED THAT, These policies and other policies and administrative rules which govern the benefits, conduct and protection of the City's employees shall be compiled into a Personnel Manual to be maintained by the City Manager and made available to all employees of the city. Reviewed for Administration: Attest: , ty Clerk Adopted by the City Council August 20, 2001 Resolution No. 01-078 -2- APPENDIX A COUNCIL ADOPTED PERSONNEL POLICIES I. Purpose, Adoption and Administration A. Responsibilities of City Manager Personnel policies are administered by the city manager who is directly accountable to the city council. The city manager may establish administrative policies and rules as may be appropnate to administer the employment practices of the city. The city manager is also responsible for administration of personnel policies adopted by council. The manager is directed to develop and provide the necessary forms, procedures and instruction for the implementation of policies. The city manager has the authority to interpret, develop, change, add and delete policies. The city manager shall make every appointment to a position of city employment, except when state law, city charter or ordinance otherwise provides. Each appointment shall be based on merit and qualifications for the position as determined by the city manager. Except as otherwise provided by state law, city charter, or ordinance, the city manager or designee shall make all decisions regarding discipline of city employees, including suspension and termination. II. Employment A. Application All offices, jobs and positions in city service and housing authority now existing or hereafter established are subject to the personnel policies except the following and unless otherwise specified: IIII, • elected officials • paid on call or volunteer firefighters • city manager • city attorney • members of appointed commissions and committees • persons engaged under contract (independent contractor) to supply expert, professional, technical, or any other services; or those excluded by these policies or law B. At -will employment All city employees are hired on an at -will basis, which means that the employer can discharge an employee at any time for any reason, with or without notice, and the employee can resign at any time for any reason, with or without notice. C. Authorization of positions and recruitment Depaitnient heads will notify the city manager and make recommendations when a replacement vacancy exists in a department or when there is a desire to fill a newly created position. The city manager will review the request and recommendations and advise the department head on the proper course of action. The city manager is the final authority in determining the number, types and filling of all positions. The recruitment of applicants for employment with the city shall take place at the direction of the city manager through human resources. 7 Resolution No. 01-078 -3- D. Employment of Relatives The city will not employ two members of the same immediate family or those that reside in the same household undei• any one of the following circumstances: • Where one employee will directly and/or indirectly supervise another member of their family (includes seasonal and temporary employees). • Where one employee will be responsible for auditing the work of another member of their family. • Where confidentiality of the city would be compromised. • Where a conflict of interest would anse from such employment. The city manager has the final decision in regards to employment matters. This policy also applies to mayor and council, their immediate family and household members. The city manager has the final decision in regards to employment matters. E. Probationary period The probationary penod for regular employees shall be six months beginning immediately upon appointment to a regular position (unless otherwise stated or extended by the appointing authonty or their designee). Paid on call firefighters will serve a one year probationary penod. The department head may recommend an earlier completion or extension of probation of an employee. At anytime during the probationary period an employee may be discharged, demoted, or reassigned summarily at the sole discretion of the appointing authonty. F. Probationary period — leave benefits An employee who separates from the city without successfully completing their probationary penod shall forfeit any flex, sick and vacation leave accrued G. Terminations 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 wntten letter of resignation stating the effective date of the resignation. The employee's separation date, upon resignation or retirement, shall be the employee's last actual working day unless the city manager determines it appropnate to waive this requirement. Failure to comply with this procedure may be considered cause for denying such employee future employment with the city as well as loss of severance benefits. The city manager may waive the written notice and time frame only when it is deemed to be in the best interest of the city. An employee who is absent from work for a penod of three working days or more without notifying their immediate supervisor of the reasons for the absence and receiving permission to remain away from work is deemed to have voluntarily resigned. s' Resolution No. 01-078 -4- H. Reduction in force III. The city manager may lay off any employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of changes in organization. However, a regular employee may not be laid off while there are temporary or probationary employees serving in the same position for which the regular employee is qualified, eligible and available. In the case of a reduction in personnel, a four (4) week notice of reduction will be provided, all of which may be provided as paid leave. Compensation A. Compensation plan The council shall by resolution establish and revise a compensation plan as needed. A copy of the compensation plan and subsequent revisions shall be placed on file with the city clerk. B. Overtime/comp time & call back 1. FLSA non-exempt employees -overtime Regular non-exempt employees, who work more than a forty -hour workweek, will be compensated at one and one-half times (1 ') their regular (base) rate of pay. 2. FLSA non-exempt employees comp time cash out Non-exempt employees may cash out up to 40 hours comp time accrued once each calendar as stated in policy approved by the city manager. 3. FLSA non-exempt employees call back A non-exempt employee called back to work at a time other than a normal scheduled shift for reasons other than training shall receive a minimum of two hours pay at one and one-half times the employee's regular base hourly rate. Reporting early for a shift, extension for a shift or schedule change shall not qualify for a callback premium. IV. Leave A. Holidays The city recognizes ten 8 -hour days (80 hours) as paid holidays for regular full-time employees and ten pro -rated days as paid holidays for regular part-time employees each year. Holiday New Year's Day Martin Luther King Day President's Day Memonal Day Independence Day Labor Day Veteran's Day Thanksgiving Day Fnday after Thanksgiving Chnstmas Day Date January 1 Third Monday in January Third Monday in February Last Monday in May July 4`h First Monday in September November 11 Fourth Thursday in November Fnday after Thanksgiving December 25th • • • • Resolution No. 01-078 -5- When a holiday falls on a Saturday the previous Fnday is designated as the holiday; when on a Sunday, the following Monday is designated as the holiday. A staff member wishing to take time off because of a holiday recognized by his/her religion should be permitted to do so following consultation with his/her supervisor. Time must be taken off without pay except where the employee has accumulated flex, compensatory time or vacation and in that case such religious holidays may be charged against such leave accumulations at the option of the employee. B. Regular part-time employees Regular part-time employees are paid for holidays on a pro -rated basis, according to their budgeted full-time equivalent (1F11.) status For example, if an employee occupies a position budgeted as .5 FTE, he or she will receive 4 hours paid time off for each holiday. Employees who occupy a position budgeted as .75 FTE receive 6 hours paid time off for each holiday. C. Holidays worked A non-exempt employee who works on a holiday will be compensated for hours worked as overtime in addition to pay for holiday. D. Funeral leave Effective October 1, 2001, funeral leave will be eliminated. Non-union benefit earning employees who work for the city on October 1, 2001, will be issued a one time credit of 3 days of funeral leave to be placed in a funeral leave bank. (No credit will be given to hires after 10/1/01). This funeral leave bank may be granted on account of a death in the immediate family of the employee. Once the funeral leave bank is used it will not be replaced. If not used, it will not be converted to pay or any other type of leave. E. Flex leave The city of St. Louis Park provides employees with paid time off for rest, relaxation, illness or injury, and other personal activities. All regular non -contractual (unless otherwise specified in contract) full-time and part-time employees are eligible to receive flex leave. Flex leave is accrued on a per pay penod basis and may be used as earned. The official flex leave accrual schedule including balances will be maintained in payroll. Full-time benefit earning employees shall accrue leave as listed below in the flex leave accrual schedule. F. Flex leave accrual — regular full-time employees effective October 1, 2001 Years of service Days off (8 hour days) Hours earned each year Start through 4 24 192 5 through 10 29 232 11 30 240 12 31 248 13 32 256 14 33 264 15 34 272 Resolution No. 01-078 -6- Employees who leave city employment and who return shall be given credit for their pnor years of service with the city in determining their accrual rate. In the best interest of the city, leave in excess of the established amount specified in the flex leave accrual schedule may be granted by the city manager. G. Flex leave—regular part-time employees Regular part-time employees (who work 20 hours a week or more) earn flex leave on a pro -rated basis, according to their budgeted full time equivalent (F(1h) status. Flex leave is also pro -rated based on FTE status for regular part-time employees when determining flex leave cap, cash out, severance and other forms of leave. H Flex leave cap Employees may carry over two times their annual flex leave accrual plus 20 days as of the first payday in September of each year. Flex leave above the cap will be forfeited. The following chart depicts this maximum accumulation (cap) effective October 1, 2001. First pay day in First pay day in Flex leave September September Years of service accumulation accumulation Cap in 8 hour days Cap in Hours Start through 4 68 544 5 through 10 78 624 11 80 640 12 82 656 13 84 672 14 86 688 15 88 704 Annual cash -out of accumulated flex leave Employees may cash out a portion of their flex leave accrual. The cut-off is the first payroll date of September of each year and is paid based on your current rate of pay. Cash out occurs in October. In order to be eligible to cash out time you must have, at a minimum, an accumulated flex leave balance of two times the annual accrual plus 20 days. Cashing out is limited to 5 days (40 hours maximum) of accumulated flex leave above the accumulation cap. Any flex time above that is forfeited. J. Flex leave — severance At the time of separation from the city, if the employee leaves in good standing along with a minimum of a 2 week wntten notice, the employee will receive 100% of their flex leave balance not to exceed flex leave cap listed above. In no instance shall severance exceed this hourly total amount. Severance pay is based on your current rate of pay on the date of separation of employment from the city. K. Flex leave — frozen sick leave balance Resolution No. 01-078 -7- Non-exempt employees, who were employed with the city on February 1, 1997 and were allowed to convert up to 120 day of sick leave to frozen sick leave balance, shall be paid for such frozen sick balance at the time of separation with the city. The rate of pay for sick leave frozen balance when paid as severance shall be based on an employee's wage rate at the time of the separation and shall be paid in an amount equal to (50%) of the frozen sick leave balance. L. Flex leave — new/probationary employees New full time employees hired will begin with a flex leave accumulation of three 8 - hour days (24 hours) and earn flex leave according to the above schedule titled flex leave accrual for use as needed. (Pro -rated for benefit earning part-time.) These three days are part of the total accrual for their first year of employment. Probationary employees are allowed to use flex leave as it is accrued. If the probationary employee voluntanly leaves in good standing before completing the probationary penod, they are eligible to receive earned flex leave. Employees who do not successfully complete probation are not eligible to receive earned leave benefits upon separation unless authonzed by the city manager. M. Flex leave request & transition to flex leave The city manager will develop policies relating to use of flex leave and transition from the sick leave program to flex leave. N. Short term disability 1. Program eligibility The city of St. Louis Park provides a short-term disability (STD) program as a supplement to the flex leave program for regular full time and part time employees. In order to qualify for the STD program, employees must participate in the flex leave program and have successfully passed the probationary penod. Employees must be actively at work on the effective date of coverage in order to qualify. Short term disability is available only for an employee's non -work related disability. It may not be used to care for ill or injured family members. Employees who are not off probation and/or are not on the flex leave program are not eligible for STD. Hours are pro -rated for part-time benefit earning employees under this section. 2. Program statement Effective October 1, 2001, if, due to a disability, (non -work related illness or injury) the employee is absent from work for more than 15 consecutive work days or 120 consecutive work hours, (whichever is reached first), the city will continue their salary at 66 2/3 % for non-exempt employees and 100% for exempt employees from the 16th work day through the 130`h work day (based on 8 hour work day, pro -rated for part time) of the absence. The employee must provide documentation from a physician, approved by the city, certifying that they cannot return to work in some capacity the city finds acceptable. If the city determines for whatever reason that the employee is not able to return to work, the city is not obligated to provide 130 days minus the 15 eight-hour day waiting penod of income continuation. The city manager is responsible for administration and program guidelines for STD. Resolution No. 01-078 -8- V. Benefits A. Tuition reimbursement The city encourages it employees to enroll in job related educational programs and may provide support through tuition reimbursement. Regular full and part-time employees and paid on call firefighters who have successfully completed probation may be eligible for tuition reimbursement for courses taken for credit through accredited educational institutions. Employees may be eligible for reimbursement of 80% up to $3,500 maximum per calendar year for the cost of tuition, required books and fees required for class, such as lab fees. If the employee is receiving another source of funding, such as a grant or scholarship, they shall not be eligible for tuition reimbursement on the amount funded by other sources. The city manager makes all final decisions regarding the tuition reimbursement program and approval or denial of requests. B. Educational incentive reimbursement program for community service cadets The purpose of the educational incentive program for community service cadets in the police department is to provide educational financial assistance to those who are enrolled in a post-secondary institution to become eligible for POST licensing. This program allows the police department the opportunity to observe, encourage and recruit prospective police officer candidates in a public safety work environment. The community service cadet in the police department is a temporary, part-time position with 100% tuition reimbursement for coursework at an accredited post- secondary institution up to a maximum of $3,500 per calendar year as approved by the chief of police. Cadets must attend an accredited post-secondary institution with the intent to become eligible for POST licensure and maintain a C average in their coursework. In the best interest of the city, and based on financial needs, the chief of police may request prepayment of approved courses for cadets. C. Mileage reimbursement The City reimburses mileage amounts to employees who are required to drive their vehicle as a requirement of their employment and position at a mileage rate consistent with IRS regulations. D. Expense reimbursement Reimbursements of travel expenses are intended to refund actual costs incurred by city employees and elected officials while traveling as authonzed representatives of the city of St. Louis Park. To qualify for travel reimbursement, traps to a destination exceeding 100 miles from St. Louis Park must have the prior approval of the department head or supervisor. Requests for travel advances intended to defray costs incurred while on a trap and pnor to submission of an expense report shall be submitted to the department head or supervisor for approval at least 10 calendar days in advance of the tnp. Travel advances shall be limited to 90 % of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. • Resolution No. 01-078 -9- 1. A properly verified, itemized expense claim shall be submitted to the department head for approval within 45 calendar days following the date of return from an authonzed tnp. Expense claims shall be accompanied by receipts for: • Transportation costs to and from the destination via coach, tounst, or economy class transportation. • Lodging costs not to exceed a reasonable single -occupancy rate. • Conference or meeting registration fees. • Any unusual items for which advance approval has been obtained from the department head. • Receipt for meals or statement of cost required. 2. The mode of transportation must be approved by the department head pnor to any authonzed tnp. Personal automobile use for authonzed tnps will be reimbursed at a rate consistent with IRS regulations, or an amount equal to air travel tourist class, whichever is lesser. 3. Employees and officials of the city shall be reimbursed for individual or actual meal cost unless meal cost is part of a function. The city will not provide reimbursement for alcohol -type beverages, or personal phone calls. E. Car allowance IllIn lieu of mileage reimbursement, the city will provide a car allowance as follows: • $300 per month: community development director, inspections director, parks and recreation director and public works director; • $250 per month: manager of buildings and structures (recreation), operations supenntendent, utilities supenntendent and police Captain; The city manager has the discretion to eliminate any car allowance to an individual by providing this person with a thirty -day notice. F. Civic club membership The city encourages department heads to become more involved in local civic organizations. Support, participation and involvement in our civic organizations is important to the city of St. Louis Park. Membership dues for civic organizations will be paid for department heads at the discretion of the city manager. Membership is limited to one civic organization per individual per calendar year. Civic organizations must be city of St. Louis Park based and include: rotary, kiwanis, lions, optimists and other similar service based organizations as determined by the city manager. G. Uniforms & clothing allowance Uniforms (including shirts or jackets) are provided to some city employees. Uniforms should clearly be marked with city name and or logo and, if provided by the city, be worn while at work unless an exception has been made by the department head. The city manager has the discretion of authorizing a department head to issue uniforms based on budget, needs of the department and if the issuance of such uniform is in the best interest of the city. Resolution No. 01-078 -10- The city manager may approve the issuance of identifiable shirts, jackets etc. with the city logo or similar identification for staff. Certain positions, due to responsibilities and nature of the position, may receive a clothing allowance. Issuance of clothing allowance must be approved by city council. H. Flex/sick leave for fitness This is a voluntary program which permits employees to convert accrued flex/sick leave into cash payments for memberships in approved health clubs or other similar programs as a part of a the employees fitness program. Approved means a club that provides facilities for aerobic activities such as swimming, running, aerobic exercise and one that is not pnmanly social as determined by the city manager. Reimbursement level: 100% of the cost not to exceed $150.00 per month per employee, including family membership. Minimum leave balances are required to participate in the program. Program cntena is established and approved by the city manager. I. Injury on duty — sworn employees Leave of absence with pay shall be granted to regular police and fire sworn employees should they become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of city assigned duties. This shall exclude any injunes sustained while performing any voluntary off-duty services for which payment is made by a contracting party other than the city. Regular police and fire sworn employees injured during the performance of their duties for the employer and thereby rendered unable to work for the employer will be paid the difference between the employee's regular gross pay and worker's compensation for a penod not to exceed ninety (90) calendar days or 720 hours whichever is reached first per calendar year not charged to the Employee's flex leave, after a five (5) working day (40 hour) initial waiting penod per injury. The five (5) working day (40 hour) initial waiting penod shall be charged to the employee's flex leave account less Worker's Compensation insurance payments. J. Safety eyewear The city will reimburse employees for basic protective eyewear up to $55.00 per 24 month period for employees who are required to wear safety eyewear as part of their regular job duties as approved by the Department Head. Employees who need replacement of the eyewear due to work-related damage or disrepair may be reimbursed pnor to the expiration of the 24 month waiting period if approved by the Department Head. Reimbursement is limited to ANSI and O.S.H.A. approved eyewear, coatings, lenses, industnal frames and industnal safety eyewear. Eye examinations, ordenng, fitting and photo tropic (photogray) or changeable tint lenses are not eligible for reimbursement. VI. Paid -on -call -employment A. Definition "Paid -on-call employment" shall mean regular employment that provides for the continuity of fire service on an as needed basis where the normal work schedule is less than fourteen (14) hours per week. The city manager and the fire chief will develop and implement policies for paid on call firefighters. Resolution No. 01-078 -11- VII. Fire Department Shift Supervisors A. Flex leave Battalion chiefs working 24-hour shifts have a flex leave accrual based on the flex leave program for day employees. Shift supervisors benefits are determined by the relationship between their hours worked per week and a 40 -hour workweek. Currently, shift supervisors work 56 hours a week which gives a 1.4 relationship (56/40 = 1.4). The accrual amount for shift supervisors, based on years of employment with the city is as follows: Fire department shift supervisors flex leave accrual effective 10/1/01 Years of service Hours off Start through 4 282 5 through 10 338 11 349 12 360 13 372 14 383 15 394 B. Flex leave cap Employees may carry over two times their annual flex leave accrual plus 224 hours as of the first payday in September of each year. Flex leave above the cap will be forfeited. The following chart depicts this maximum accumulation (cap) effective October 1, 2001. Flex leave First pay day in First pay day in years of service September Accumulation September accumulation cap in hours cap in shifts Start through 4 788 32.8333 5 through 10 900 37 5000 11 922 38.4166 12 944 39.3333 13 968 40.3333 14 990 41.2500 15 1012 42.1666 C. Annual cash -out of accumulated flex leave The employee may cash out a portion of their flex leave accrual. The cut-off is the first payroll date of September of each year and is paid based on your current rate of pay. Cash out occurs in October. To be eligible to cash out time the employee must have, at a minimum, an accumulated flex leave balance of two times the annual accrual plus 224 hours. Cashing out is limited to 56 hours of accumulated flex leave above the accumulation cap. Any flex time above that is forfeited. D. Flex leave — severance At the time of separation from the city, if the employee leaves in good standing along with a minimum of a 2 week written notice, the employee will receive 100% of their flex leave balance not to exceed flex leave cap listed above. In no instance shall severance exceed this total amount. Resolution No. 01-078 -12- F. New employees — fire department shift supervisors New full time employees hired will begin with a flex leave accumulation of 34 hours and earn flex leave according to the above schedule flex leave accrual for use as needed. The 34 hours are part of the total accrual for their first year of employment. Probationary employees are allowed to use flex leave as it accrues. G. Flex leave request The city manager will develop policies relating to use of flex leave and transition from the sick leave program to flex leave. H. Holiday Fire department shift supervisors receive six (6) 24 hour holidays, which are earned at a rate of 12 hours per month and must be taken in 24-hour blocks. (Shift supervisors are not eligible for holidays under 19.1) Holiday time may all be used at the beginning of the year, and, if an employee leaves the city, they must pay back holiday time not earned. Holiday time does not carry over from year to year. VIII. Political Activity A. Political activity As individuals, employees may express opinions on political issues and candidates dunng off -work hours when not discharging city functions; they may otherwise participate in public affairs but only to the extent that such endeavors do not impair the neutral and efficient performance of official duties or create real or apparent conflicts of interest. Employees are prohibited from directly or indirectly, dunng their hours of employment, soliciting or receiving funds or at any time using their authonty or official influence to compel any officer or employee to apply for membership in or become a member of any organization, or to pay or promise to pay any assessment, subscription, or contribution, or to take part in any political activity. Employees are prohibited from using their position of municipal employment to influence, interfere with, or affect an election campaign or the results of an election. Employees may not engage in political activity while on city time or while discharging city responsibilities; nor may they act in a manner that suggests that the city either supports a particular candidate or political issue or endorses the personal political opinions of the municipal employee. Any act, which tends to identify the city with any candidate or political issue, or which otherwise tends to undermine the public perception of the city as a politically neutral and impartial body, is prohibited. Use of city vehicles, facilities, equipment, or other resources while engaging in political activities in not permitted. This restnction does not apply to municipal resources available to the public at large for use in connection with political activities, such as use of meeting rooms. B. Candidacy for office Upon becoming a candidate for public office, an employee may request a leave of absence for the duration of such candidacy i t it Resolution No. 01-078 -13- If the candidacy of a city employee for public office involves the time commitments that are inconsistent with the employee's regular municipal employment, so that the regularly assigned duties cannot be fulfilled, the employee must request a leave of absence. The city manager may grant such leave of absence if it is in the interests of the city and if the required duties of the employee can be satisfactonly reassigned. An employee shall be considered a candidate under this section upon filing for political office. C. Election or appointment to office If an employee is elected or appointed to a position that is legally incompatible with municipal employment, the employee must resign municipal employment before assuming the responsibilities of the elected or appointed office. If an employee is elected to the legislature or to another full-time public office, the employee shall be granted leave of absence, as provided by law. If an employee is elected or appointed to a part-time public office which is legally incompatible with municipal employment, and cannot simultaneously effectively discharge the responsibilities of employment, the employee shall either: resign municipal employment, or request leave of absence to permit the employee to exercise the part-time public office. The city manager may grant such leave of absence if it is in the interest of the city, and if the required duties of the employee can be satisfactonly reassigned. D. Appointment to boards and commissions of the city The city council will not consider applications for appointment to advisory commissions from regular full-time or part-time employees. It is the policy of the city, however, to encourage suggestions from all employees for the improvement of city government. All employees are urged to serve in a staff capacity to the advisory commission of their choice and the city manager will consider expressions of interest from employees about such service.