HomeMy WebLinkAbout2000-039 CCRits adoption: Member Kay Lasman introduced the following resolution and moved
RESOLUTION NO. ()()-3q
RESOLUTION ADOPTING AMENDED PERSONNEL RULES AND
REGULATIONS
WHEREAS, in 1997 the City of Brooklyn Center adopted a personnel policy; and
WHEREAS, the personnel rules and regulations have been reviewed for consistency
with changes in State and Federal laws; and
WHEREAS, attached hereto and incorporated herein by reference is Exhibit "A",
a proposed City of Brooklyn Center Personnel Rules and Regulations dated in the year 2000; and
WHEREAS, adoption of the personnel rules and regulations dated as of the year
2000 would provide a uniform, comprehensive, and efficient system of personnel administration
for the City of Brooklyn Center, except insofar as the personnel rules and regulations would be
inapplicable to employees covered by a collective bargaining agreement; and
WHEREAS, the proposed personnel rules and regulations set forth in Exhibit "A"
are reasonable and proper.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that all previous adoptions of personnel rules and regulations be in hereby are
rescinded and that the personnel rules and regulations as set forth in Exhibit "A" be and hereby
are approved and adopted.
February 28. 2000
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and up n vo e eing taken thereon, the following voted in favor thereof:
Myrna Kragness, Debra Hhlstrom, Kay Lasman, Ed Nelson, and Robert Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2000-39
City ofBrooklyn Center
EXHIBIT "A"
Personnel Rules and Regulations
2000
RESOLUTION NO. 2000-39
SECTION 1- PURPOSE 4
1.1
Purpose
4
1.2
Adoption & Amendment
4
1.3
Savings Clause
4
1.4
Department Rules
4
1.5
Application - Positions
4
1.6
At-Will Employment
4
1.7
Employment Guidelines
4
1.8
Labor Agreements
4
1.9
Management Rights
5
SECTION 2 - DEFINITIONS 6
SECTION 3 - CONDUCT AND ETHICS 8
3.1 Sexual Harassment 8
3.2 Drug & Alcohol Free Workplace 9
3.7 Tobacco Use 17
3.8 Gifts and Gratuities 17
3.9 Membership on Advisory Commissions 18
3.10 Information Systems/Internet Use Policy 18
SECTION 4 - RECRUITMENT/EMPLOYMENT
22
4.1
Position Opening Authorization
22
4.2
Recruitment
22
4.3
Notification of Appointment
22
4.4
Probationary Period
22
4.5
Dismissal During the Probationary Period
22
4.6
Benefits During Probationary Period
22
4.7
Reference Checks
22
4.8
Employment of Relatives
22
4.9
Discipline
22
4.10
Grievances
22
4.11
Declaration of Affirmative Action
22
SECTION 5 - EMPLOYEE COMPENSATION 24
5.1 Compensation Plan 24
5.2 Reclassification 24
5.3 Overtime/Compensatory Time - Fair Labor Standards Act 24
5.4 Compensatory Time - Non-Exempt Employees 24
5.5 General Rules - Overtime/Comp Time 25
5.6 Temporary Fill- In at a Higher Classification 25
RESOLUTION NO. 2000-39
SECTION 6 - GENERAL BENEFITS 26
6.1 Health Coverage ................................................26
6.2 Dental Benefits 26
6.3 Life Insurance 26
6.4 P.E.R.A. .......................................................26
6.5 Deferred Compensation Program 26
6.6 Flexible Benefits Plan 26
6.7 Payroll Savings 26
SECTION 7 - LEAVE BENEFITS 27
7.1 Official City Holidays 27
7.2 Personal Floating Holiday - Regular Full-time 27
7.3 Vacation Leave - Regular Full-tune Employees 28
7.4 Sick Leave - Regular Full-time Employees 28
7.5 Official Record - Sick, Vacation, and Compensatory 29
7.6 Workers' Compensation 29
7.7 Funeral Leave ..................................................29
7.8 Military Leave for Training Purposes 30
7.9 Jury Duty .....................................................30
7.10 Bone Marrow Donation Leave 30
7.11 School Conference & Activities Leave 30
7.12 Leave of Absence 30
7.13 Family Medical Leave Act - FMLA 30
7.14 Limitation of Grants of Leave without Compensation 33
7.15 Leave Extension Request 33
7.16 Reinstatement From Leave of Absence 34
7.17 Inclement Weather 34
SECTION 8 - LIGHT DUTY 35
8.1 Purpose ......................................................35
8.2 Policy ........................................................35
8.3 Procedure: Applying for Light Duty Work 35
SECTION 9 - SEPARATION FROM EMPLOYMENT 36
9.1 Resignations ...................................................36
9.2 Dismissal .....................................................36
9.3 Lay-Offs ......................................................36
9.4 Benefits for City Retirees 36
SECTION 10 - TUITION REFUND PROGRAM 39
10.1 Tuition Refund .................................................39
RESOLUTION NO. 2000-39
City of Brooklyn Center
SECTION 11 - RECORDS AND REPORTS 40
11.1 Personnel File 40
11.2 Job Descriptions 40
11.3 Performance Reports ............................................40
11.4 Employee Identification Card 40
SECTION 12 - EXPENSE REEVIBURSEMENT 41
12.1 Shoes/Clothing Reimbursement 41
12.2 Mileage Reimbursement 41
12.3 Personnel Expense Reimbursement 41
12.4 Accrual of Benefits for Airline For City Business 42
12.5 City Vehicles 42
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RESOLUTION NO. 2000-39
City of Brooklyn-Center
SECTION 1
1.1 Purpose
The purpose is to provide a uniform, comprehensive and efficient system of personnel
administration and policies for the City of Brooklyn Center.
1.2 Adoption & Amendment
These rules were prepared and recommended by the City Manager in accordance with the
personnel ordinance. The City of Brooklyn Center reserves the right to unilaterally
modify the personnel rules, policy and ordinance.
1.3 Savings Clause
If a personnel regulation is held invalid by judicial or legislative action, the remainder of
these rules will not be affected.
1.4 Department Rules
In accordance with these Rules, each Department Head may establish written
departmental rules of procedure that do not conflict with these regulations to cover
unique circumstances. Departmental rules must be approved in writing by the City
Manager prior to implementation.
1.5 Application - Positions
All employees (regular full and part-time), offices and positions in the municipal employ,
now existing or hereafter created, will be subject to the provisions of these regulations
except the following:
a. Elected officials
b. Members of boards and commissions
c. Volunteer members of the Fire Department
d. City Manager
e. City Attorney
f Persons engaged under contract to supply expert, professional, technical, or
any other services
g. Other positions so designated
1.6 At-Will Employment
All City employees are hired on an at-will basis.
1.7 Employment Guidelines
These rules and regulations are guidelines for'the City and its employees regarding City
employment. They do not constitute an employment contract. The City reserves the
right to change any personnel policy at any time at its discretion.
1.8 Labor Agreements
With respect to employees whose positions are included in a collective bargaining unit,
provisions of the applicable collective bargaining agreements negotiated pursuant to the
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RESOLUTION NO. 2000-39
City of Brooklyn 'qenter
Public Employment Labor Relations Act MS 179A.01-179A.25, supersede these rules
and regulations on any subject area covered by both the collective bargaining agreement
and these rules and regulations. The City Manager is signatory to any collective
bargaining agreement applicable to employees covered.
1.9 Management Rights
The City, through the City Manager, retains the full and unrestricted right to operate and
manage all personnel, facilities, and equipment; to establish functions and programs; to
set and amend budgets; to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct, and determine the number of
personnel; to establish work schedules, and to perform any inherent managerial function
not specifically limited by current collective bargaining agreements, these regulations,
and City Council resolutions.
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City of Brooklyn'C,enter
SECTION 2 - DEFINITIONS
Unless otherwise indicated, the following words and terms have meanings indicated below:
Appointment - a regular assignment to a paid position in the City service.
Days - Calendar day; including Saturday, Sunday, and holidays unless otherwise
specified.
Demotion - a change of an employee's status from a position in one job class to a
position in another job class with less responsible duties and could result in a lower
salary range.
FLSA - Fair Labor Standards Act which is a federal law regarding minimum wage and
overtime compensation, classifying positions as exempt or non-exempt.
a. Exempt Employee - employee specifically exempt from the overtime compensation
provisions of applicable FLSA (Fair Labor Standards Act) legislation as defined and
limited by administrative rules and regulations; these employees generally have as their
primary duty management, administration, or work of a professional nature.
b. Non-exempt - employees who are entitled to a minimum wage and overtime
compensation pursuant to applicable fair labor standards legislation (FLSA).
Position - a group of current duties and responsibilities requiring the full-time or part-
time employment of one person.
Regular Full-Time - an employee in a classified position who works a 40-hour work
week and was hired for a service duration in excess of 12 months and has successfully
completed the probationary period.
Regular Part-Time - an employee in a classified position who works less than the 40-
hour work week and was hired for service duration in excess of six months and has
successfully completed the probationary period.
Temporary Full-Time - an employee who works a 40-hour work week whose
employment is limited by duration of a specific project or task; temporary employees
serve at the will of the City Manager.
Temporary Part-Time - an employee who works less than the 40-hour work week
whose employment is limited by duration of the specific project or task; temporary
employees serve at the will of the City Manager.
Probationary Employee - an employee who is serving a probationary period in a
position to or from which the employee was appointed, promoted, transferred, demoted,
reclassified or reinstated.
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RESOLUTION NO. 2000-39
City.of Brooklyn -qenter
Probationary Period - a six to twelve month working trial period.
Promotion - a change of an employee from a position of one job class to a position of
another job class with more responsible duties and a higher salary range.
Reclassification - a change in classification of an individual position by raising it to a
higher job class, reducing it to a lower job class, or moving it to another class at the same
level on the basis of significant changes in kind, difficulty or responsibility of the work
performed in such a position.
Veteran - a person defined as a veteran by Minnesota Statutes, Section 197.447.
Veteran's Preference the preference granted to veterans by Minnesota Statutes,
Sections 43A.11 and 197.481.
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RESOLUTION NO. 2000-39
City of Brooklyn Center
SECTION 3 - CONDUCT AND ETHICS
3.1 Sexual Harassment
This sexual harassment policy applies to all officials and employees of the City include
regular full-time and regular part-time employees, elected and appointed officials,
temporary, seasonal and non-regular employees, employees covered or exempted fro
m
personnel rules or regulations, and independent contractors and consultants.
Sexual harassment is a form of sex discrimination prohibited by state and federal law.
Employees have the right to a workplace free of sexual harassment.
ng
The City will not tolerate sexual harassment of its employees by anyone- supervisors,
other employees, officials or citizens. Persons harassing others will be promptly and
firmly disciplined. All personnel must become familiar and comply with this policy.
1. Definition of Sexual Harassment
Sexual harassment includes, but is not limited to, unwelcome sexual advances,
request for sexual favors, sexually motivated physical contact, or communication
of a sexual nature when:
a. Submission to such conduct is made either explicitly or implicitly a term
or condition of employment or public service;
b. Submission to or rejection of such conduct by an employee is used as the
basis for an employment decision such as promotion, assignment,
demotion, discipline, or discharge;
C. Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or
offensive working environment.
2. Examples of Sexual Harassment
Behavior that could be considered sexual harassment may include:
a. Verbal harassment (e.g., sexually-oriented comments, innuendoes, or
derogatory remarks);
b. Physical harassment (e.g., unwelcome touching, gestures, assault,
impeding one's movement or other physical contact that an employee
finds offensive);
C. Visual forms of harassment (e.g., derogatory posters, letters, poems,
graffiti, cartoons or drawings); or
d. Requests for sexual favors or unwelcome sexual advances.
3. Reporting Procedure
Employees who believe they have experienced sexual harassment or who know of
conduct they believe might constitute sexual harassment toward an employee, are
required to report it to their supervisor or department head, the Assistant City
Manager or the City Manager. The Supervisor or Department Head who receives
the report should inform the Assistant City Manager or the City Manager in
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RESOLUTION NO. 2000-39
City of Brooklyn Center
confidence as soon as possible. If any employee directly receives an oral or
written complaint from an alleged victim of sexual harassment, he or she must
immediately forward the complaint to the Assistant CityManager or the City
Manager or direct the alleged victim to report the incident. Failure to forward a
report of alleged sexual harassment to the appropriate person could result in
disciplinary action against the person who neglected to make the report.
4 Investigation and Recommendation
Upon receiving any report alleging sexual harassment, the Assistant City
Manager or City Manager will conduct an investigation. To the extent possible,
the allegations and investigation will be kept confidential. An alleged victim may
have a staff person of the same gender present during all contacts with the
Assistant City Manager. The alleged victim and any witnesses may be asked to
put their reports in writing.
If the facts are found to support the allegations, the harasser will be subject to
disciplinary action up to and possibly including immediate termination depending
on the circumstances and severity of the harassment. The Assistant City Manager
may report on the investigation and its results to the City Manager. The City will
keep a complete record of the nature of the complaint, its investigation and its
resolution.
Pending completion of the investigation, the designated personnel representative
may take any appropriate action necessary to protect the alleged victim, other
employees, or citizens.
Anyone who makes a false complaint of sexual harassment or anyone who gives
false information during a sexual harassment investigation could also be subject
to disciplinary action up to and including immediate termination.
The City may also discipline any individual who retaliates against a person who
testifies, assists or participates in any manner in a sexual harassment
investigation. Retaliation includes, but is not limited to, any form of intimidation,
reprisal or harassment.
3.2 Drug and Alcohol Free Work Place
Employees are required to report to work on time and in appropriate mental and physical
condition for work. No employee shall be under the influence of any drug or alcohol
while the employee is working or while the employee is on the employer's premises or
operating the employer's vehicle, machinery or equipment, except to the extent
authorized by a valid medical prescription. Violations of this policy will result in
disciplinary action, up to and including termination, and may have legal consequences.
1. Drug and Alcohol Testing
a. Purpose
This policy is to provide for the testing of employees and job applicants in
conformance with the requirements of MN Statute 181.950 - 181.957.
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RESOLUTION NO. 2000-39
City of Brooklyn Center
b. Scope
This drug and alcohol testing policy applies to all employees of the City
and to
all job applicants who have received a contingent offer of
employment by the City.
C. Defini
tion
For the purposes of the Policy, the following definitions will apply:
1.
Alcohol - Ethyl alcohol.
2.
Confirmatory Test and Confirmatory Retest - A drug or alcohol
test that uses a method of analysis allowed under one of the
programs listed in Minnesota Statute Section 181.953, Subd. 1.
3.
Conviction - A finding of guilty (including a plea of "nolo
contenders") or imposition of sentence, or both, by any judicial
body charged with the responsibility to determine violations of
state or federal criminal drug statutes.
4.
Drug - A controlled substance as defined in Minnesota Statute
Section 152.01., Subd. 4. and/or if required by law, the federal
Drug-Free Workplace Act of 1988.
5.
Drug and Alcohol Testing, Drug or Alcohol Testing, and Drug or
Alcohol Test - Analysis of a body component sample according to
the standards established under one of the programs listed in
Minnesota Statute Section 181.953, Subd. l for the purpose of
measuring the presence or absence of drugs, alcohol, or their
metabolites in the sample tested.
6.
Drug paraphernalia - An item or items described in Minnesota
Statute Section 152.01, Subd. 18.
7.
Employee - A person defined as an employee of the City under the
State of Minnesota Public Employment Labor Relations Act in
Section 179A.03, Subd. 14.
8.
Employer - The City of Brooklyn Center acting through its
designees of the City Council.
9.
Initial Screening Test - A drug or alcohol test which uses a method
of analysis under one of the programs listed in Minnesota Statute
Section 181.953, Subd. 1. and which is capable of detecting the
presumptive presence of a drug, drug metabolite, or alcohol in a
sample.
10.
Job Applicant - A person who applies to become an employee of
the City, and includes a person who has received a job offer made
contingent on the person passing a drug test.
11.
Premises - All property and locations in which the City is
operating or has established a presence.
12.
Positive Test Result - A finding of the presence of drugs, alcohol,
or their metabolites in the sample tested in levels at or above the
threshold detection levels contained in the standards of one of the
programs listed in Minnesota Statute Section 181.953, Subd. 1.
An alcohol test will be considered positive if the testee has an
alcohol concentration level of at least .02 or a lesser level if it is
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RESOLUTION NO. 2000-39
-City of Brooklyn"Center
accompanied by an odor of an alcoholic beverage or signs of
physical impairment in violation of the City's Personnel Policy. A
residue amount of alcohol will be considered a positive test result
only if accompanied by a violation of the City's personnel policies.
13. Reasonable Suspicion - A basis for forming a belief based on
specific facts and rational inferences drawn from those facts.
14. Safety-sensitive position - A job, including any supervisory or
management position, in which an impairment caused by drug or
alcohol usage would threaten the health or safety of any person.
15. Under the influence Zuence - Having the presence of a drug or alcohol at
or above the level of a positive test result.
d. Circumstances under which testing may occur:
Any employee or job applicant of the City may be tested under the
following circumstances:
Job Applicant
A job applicant may be requested or required to undergo drug
testing after a job offer has been conditionally made and before
commencing employment in the position. Alcohol testing will not
be a part of a post-offer pre-employment physical examination.
2. Treatment Program Testing
The City may test any employee referred by the City for chemical
dependency treatment or evaluation at any time and without prior
notice during the period of treatment or evaluation and for up to
two (2) years following completion of any prescribed chemical
dependency treatment or evaluation program in accordance with
Minnesota Statutes 181.951, Subd.6.
3. Reasonable Suspicion Testing
No employee will be tested for drugs or alcohol under this policy
without the person's consent. If, however, the City asks an
employee to undergo a drug or alcohol test and the employee
refuses, the employee may be subject to disciplinary action.
The City may request or require an employee to undergo drug or
alcohol testing if the employer has a reasonable suspicion that the
employee:
a. is under the influence of drugs or alcohol;
b. has violated the employer's written work rules prohibiting
the use, possession, sale, or transfer of drugs or alcohol
while the employee is on the employer's premises or
operating the employer's vehicle, machinery, or equipment;
C. has sustained or caused another person to. sustain a work
related personal injury; or
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RESOLUTION NO. 2000-39
City of Brooklyn Center
d. has caused a work related accident or was operating or
helping to operate machinery, equipment, or vehicle
involved in a work related accident.
e. Criteria for Selecting Testing Laboratories
When an employee or job applicant is to undergo drug or alcohol testing,
the testing laboratory shall be certified and accredited to meet the criteria
in accordance with Minnesota Statutes 181.953, Subd. 1.
f. Refusal to Undergo Testing
1. Job Applicants - Job applicants may refuse to undergo drug testing.
However, if a job applicant refuses to undergo drug testing
requested or required by the employer, no such test shall be given
and the job applicant shall be deemed to have withdrawn the
application for consideration for employment.
2. Employees - Employees may refuse to undergo drug testing.
However, if an employee refuses to undergo drug and alcohol
testing carried out in conjunction with this Policy the employee
may be subject to discipline including, but not limited to,
discharge.
g. Tampering with the Urine or Blood Sample:
If an employee tampers with his or her own urine or blood sample, or in
any way deliberately causes a sample to be invalid, the employee may be
subject to discipline including, but not limited to, discharge.
h. First Failure to Pass Drug and Alcohol Testing
Without evidence of any other misconduct any employee who for the first
time has a positive test result on a confirmatory test will not be subject to
discipline, including but not limited to discharge unless:
The City has given the employee an opportunity to participate in,
at the employee's own expense or pursuant to coverage under an
employee benefit plan, either a drug or alcohol counseling or
rehabilitation program, whichever is more appropriate, as
determined by the City after consultation with a certified chemical
use counselor or physician trained in the diagnosis and treatment
of chemical dependency; and
2. The employee has either refused to participate in such a program
or has failed to successfully complete the program within a
reasonable time as evidenced by withdrawal or a positive test
result on a confirmatory test after completion of the program.
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RESOLUTION NO. 2000-39
City of Brooklyn Center
L Failure to Pass Drug and Alcohol Testing
1. Initial Screening Test (Employee) - The City will not discharge,
discipline, discriminate against or require, rehabilitation of an
employee solely on the basis of a positive Initial Screening Test
that has not been verified by a Confirmatory Test. However, the
City may temporarily suspend a tested Employee whose test results
are positive or transfer the Employee to another position at the
same rate of pay pending the outcome of a Confirmatory Test (and,
if requested, a Confirmatory Retest) if the City believes it is
necessary to protect the health or safety of the employee, co-
workers or the public. An employee who is suspended without pay
will be reinstated with back pay if the outcome of the
Confirmatory Retest is not positive. Requests for such a Retest
must be made in writing within five (5) days of the employee's
receipt of notice of the test results. An employee who receives a
positive test result on a Confirmatory Test and does not request in
writing a Confirmatory Retest within five (5) working days after
notice of positive Confirmatory Test results, may be subject to
discipline including, but not limited to, discharge subject to the
provisions of this policy.
2. Initial Screening Test (Job Applicant) - The City will not withdraw
a conditional offer of employment on the basis of a positive test
result on a job applicant's Initial Screening Test. An Initial
Screening Test must be verified by a Confirmatory Test (and a
Confirmatory Retest, if requested) before a conditional offer of
employment can be withdrawn. A job applicant who receives a
positive test result of a Confirmatory Test, fails or refuses a
Confirmatory Retest, or does not request in writing a Confirmatory
Retest within five (5) days after notice of a positive test result of a
positive test result of a Confirmatory Test, may be refused
employment and will be notified of the reasons for such refusal.
3. Confirmatory Test - Discipline for a Confirmatory Test verifying a
positive test result on an Initial Screening Test may include
discharge of an employee; provided, however, that prior to
discharge, the employee is given the opportunity to explain a
positive test result and request and pay for a Confirmatory Retest
on the original sample. If the Confirmatory Retest is not positive,
no action will be taken against the employee. If the Confirmatory
Retest is positive, and if it is the first positive retest result for the
employee, the employee will not be terminated if the employee
elects to participate, at the employee's own expense, in a drug or
alcohol treatment or rehabilitation program, whichever is
appropriate. An employee who either refuses to participate in the
treatment or rehabilitation program or who fails to successfully
complete the treatment or rehabilitation program (as evidenced by
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RESOLUTION NO. 2000-39
City of Brooklyn Center
withdrawal of the program before its completion or by a positive
test result on a Confirmatory Test during or after completion of the
program), may be subsequently discharged.
j. Rights of Employee or Job Applicant or Notice of Test Results
1. An employee or job applicant who receives a positive test result on
a Confirmatory Test has the right to receive a copy of the test
result report and, within three (3) working days of notice of the
original positive Confirmatory Test result, to submit information to
the City in addition to any information already submitted to
explain that result, or within five (5) working days to notify the
City in writing of the employee's intention to obtain a
Confirmatory Retest of the original sample at the employee's or
job applicant's own expense.
2. If the Confirmatory Retest is conducted in accordance with rules
established by the Commissioner of the Minnesota Department of
Health by a qualified laboratory in accordance with Minnesota
Statute Section II, E., and if it is not positive, the City shall
reimburse the employee or job applicant for the actual cost of the
Confirmatory Retest in an amount not to exceed $100.00 and no
adverse personnel action shall be taken against the employee or job
applicant based on the original Confirmatory Test.
k. General Testing Procedures
All testing will be performed by a licensed laboratory that certifies its
compliance with the requirements of Minnesota Statutes 181.953 et. sea.
When the City decides to test for drug or alcohol use on any of the
grounds enumerated in Section II, D., the following procedures will apply:
1. Initial Screening Test
a. Acknowledgment. Before the Initial Screening Test, the
employee or job applicant shall be informed of the City's
testing policy and given a form on which the employee or
job applicant can acknowledge being so informed. The
form shall allow the employee or job applicant to indicate
any medication (prescription, signed for, or over-the-
counter) that the individual is currently taking or has
recently taken and other information relevant to the
reliability of or explanation for a positive test result.
Medical information disclosed on the form shall not be
used as the basis for any adverse personnel action.
b. If the Initial Screening Test produces a negative result,
written notice of such result will be given to the individual
who took the test within three (3) working days after the
City receives the test result report. The employee or
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RESOLUTION NO. 2000-39
City of Brooklyn Center
applicant will also be notified that they have the right to
request and receive a copy of the test report.
C. The testing laboratory will perform a Confirmatory Test on
all samples that produce a positive test result on the Initial
Screening Test.
2. :Confirmatory Test. If the Initial Screening Test produces a
positive test result, a second test (known as the Confirmatory Test)
will be conducted by the laboratory. If the Confirmatory Test is
not positive, the City will send written notice of this fact to the
employee or job applicant within three (3) working days after
receiving the result.
If the Confirmatory Test produces a positive test result, the City
will take the following four steps:
a. The City will send written notice of the positive test result
within three (3) working days after receiving it to the
employee or job applicant.
b. The employee or job applicant will be informed of the right
to receive a copy of the test result.
C. The employee or job applicant will be told of the right to
explain the positive result.
d. The employee or job applicant will be informed of the right
to request a Confirmatory Retest of the original sample at
the employee's or job applicant's expense. The employee
or job applicant has five (5) working days in which to
notify the City of this request in writing.
3. Confirmatory Retests. If an employee or job applicant chooses to
request a Confirmatory Retest, the employee or job applicant has
five (5) working days within which to notify the City of this
request in writing. Within three (3) days of the receipt of such
request, the City will notify the original testing laboratory that it is
to conduct a Confirmatory Retest or transfer the sample to another
certified laboratory for retesting. If the Confirmatory Retest does
not confirm the original positive test result, no adverse personnel
action will be taken by the City. If the confirmatory Retest is
positive, the City may withdraw its conditional offer of
employment to a job applicant or terminate an employee if such
employee chooses not to participate in a chemical dependency
treatment or evaluation program.
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RESOLUTION NO. 2000-39
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1. Data Privacy
Test result reports and other information acquired in the drug and alcohol
testing process are private data on individuals as, defined in Minnesota
Statutes, Chapter 13, and may not be disclosed to another employer or to a
third party individual, governmental agency, or private organization
without the written consent of the employee or applicant tested, unless
otherwise permitted by law or required by court order. (See Minnesota
Statutes 181.954, Subd. 3.)
m. Other Misconduct
Nothing in this Policy limits the right of the City to discipline or discharge
an employee on grounds other than a positive test result in a Confirmatory
Test. For example, possession but not consumption of a controlled
substance, the sale of a controlled substance on City premises, or
conviction under any criminal drug statute for a violation occurring in the
workplace, may by themselves, be grounds for discipline or discharge..
Any City employee may be subject to discipline up to and including
termination for violation of this Policy or any rules adopted by the City
with respect to the manufacture, use, sale, or transfer of drugs and alcohol.
n. Administrative Responsibility
1. The City Manager shall be responsible for implementing this
Policy.
2. Each Department Manager and Supervisor shall be responsible for
informing their employees of this Policy.
3. Each employee of the City shall be notified of this Policy.
Employees shall acknowledge in writing of their notification of
this Policy.
2. Drug Free Workplace
The City recognizes the value of having a drug-free workplace and in conjunction
with the Drug-Free Workplace Act of 1988 adopts the following policy:
The unlawful manufacturing, distribution, dispensation, possession or use
of a controlled substance is prohibited in the workplace. For purposes of
this section, the term "controlled substance" is defined as a controlled
substance which appears in Scheduled I through V of Section 202 of the
Controlled Substances Act (21 U.S.C. 812).
2. A violation of this drug-free policy constitutes "just cause" for
disciplinary action, up to and including immediate suspension or
termination, or both.
As a condition of employment, employees will abide by the terms and
conditions of this drug-free policy and will notify their department head of
any criminal drug statute conviction for which a violation occurs in the
workplace within five calendar days after such conviction.
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RESOLUTION NO. 2000-39
City of Brooklyn Centcr
4. The City will notify the contracting agency within ten calendar days after
receiving actual notice of an above conviction.
5. Within 30 days of receiving notice from an employee of a drug related
workplace conviction, the City may require an employee to satisfactorily
participate in a drug abuse assistance or an appropriate rehabilitation
program..
6. The City will establish a drug-free awareness program to inform
employees about:
a. the dangers of drug abuse in the workplace;
b. the policy of maintaining a drug-free workplace;
C. the availability of drug counseling, rehabilitation and employee
assistance programs;
d. the penalties that may be imposed upon employees for drug abuse
violations.
Each situation will be evaluated on a case-by-case basis depending upon
the severity and circumstances.
The City will make a good faith effort to continue to maintain a drug-free
workplace through implementation of this policy.
3.7 Tobacco Use
Tobacco products (i.e. chewing tobacco, smoking, etc.) are prohibited in City buildings
and vehicles.
3.8 Gifts and Gratuities
An employee may not solicit any gift or gratuity from any other employee or member of the
general public. In no instance may a gift or gratuity be solicited or even hinted. In no
instance may any gift or gratuity be accepted by a City employee, even if the gift or gratuity
was unsolicited.
There are very limited exceptions to what is considered a gift or gratuity. The exceptions
include:
A plaque or similar memento recognizing an individual's services in a field of
specialty or to a charitable cause.
2. A trinket or memento of insignificant value.
3. Informational materials of unexceptional value.
4. Food or beverage given at a reception, meal, or meeting away from your normal place
of work by an organization before whom you are appearing to make a speech or
answer questions as a part of a program. All other gifts of food or beverage are
prohibited. Vendor contributions to a meeting of local officials for breakfasts,
hospitality rooms, snacks, or refreshments are prohibited.
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RESOLUTION NO. 2000-39
City of Brooklyn "Center
5. Usual or customary gift giving among employees during the holiday season,
birthdays, retirements, weddings, baby showers, rolls, cookies, flowers, etc., provided
by coworkers.
6. Gifts from a family member.
Good judgment is advised. When you are faced with a situation concerning the acceptance of
an item, you should seek approval from your supervisor prior to its acceptance and, if not
resolved with your supervisor, proceed up the departmental ladder. It is important that each
of us maintain high standards of public service and remain within the letter and spirit of
ethical behavior.
3.9 Membership on Advisory Commissions
City employees are, pursuant to City Council policy, ineligible for appointment or service
on City Advisory Commissions. City employee participation with commissions is
assigned by City Manager.
3.10 Information Systems/Internet Use Policy
The purpose of this policy is to define acceptable and unacceptable use of the computer
system and network resources.
L Software Use in Accordance with License Agreements
Employees shall adhere to all software license agreements, with regard to
duplication and use as directed by the software publisher.
2. Remote Connections and Special Applications
Applications for remote connections and special applications will be reviewed
and approved at the discretion of the MIS/Technology Coordinator. Formal
requests should be in writing, with an in-depth explanation of need and the cost
savings involved.
3. Authorized Software
ALL software used on City computer and network systems must be approved and
installed by the MIS/Technology Coordinator. Written requests for new and
demonstration software packages will be reviewed and approved at the discretion
of the MIS/Technology Coordinator. City employees are prohibited from
downloading, acquiring, or installing their own software without prior consent
and approval from the MIS/Technology Coordinator.
4. Virus Protection
All files brought into the City, via diskette or electronic transmission will be
scanned for viruses. This includes diskettes from all service personnel, vendors,
clients, and other government agencies.
5. Electronic Mail
Electronic mail should be considered non-private information periodically
reviewed and used for investigation by the MIS/Technology Coordinator and
department heads. The electronic mail system is not to be used to harass any
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RESOLUTION NO. 2000-39
City of Brooklyn Center
other individual. Use of the electronic mail system is considered to be acceptance
and acknowledgment of this rule.
6. City Computer Data
All data stored on computer media owned, leased or rented by the City is
considered to be owned by the city, and non-private (under the provisions of the
Minnesota Data Practices Act), including information stored on local drives.
Data shall be subject to the Minnesota Data Practices Act and its use and
dissemination shall be consistent with the data's classification under the
Minnesota Data Practices Act. This data is also subject to review and
investigation at the discretion of the MI S/Technology Coordinator and
department heads.
7. Using the Word Wide Web
City employees are encouraged to find ways to access information from other
governmental agencies and related sites, but must realize that in some cases the
time spent looking for something will take longer than the conventional method,
Department Heads should be aware of the time spent by their employees, and
employees should keep an accurate record of time spent and useful addresses for
future use.
a. Auditing of World Wide Web Use
The City has the ability to document and investigate all sites viewed by
user name and location. All employees must be aware that they will be
monitored and any site viewed that is of a questionable nature may result
in disciplinary action. This restriction includes browsing of entertainment
sites or sites geared for an adult audience, infractions of this nature will be
dealt with to the fullest extent of the discipline policy.
b. File Downloads and Virus Protection
All files downloaded from the Internet must be of a business nature, and
approved for download by the MIS/Technology Coordinator. File must be
saved to the network server to ensure that a virus scan is automatically
performed.
C. General Internet Restrictions
City staff accessing the Internet through City resources, shall not:
1. Mask their true identity. This includes, but is not limited to,
sending mail anonymously.
2. Use the system for any activity that is commercial in nature.
Commercial activities include, but are not limited to, consulting,
typing services, and developing software for sale.
3. Post on electronic bulletin boards materials that violate existing
laws or the City's Human Resource policies.
4. Post on Internet services information that may be slanderous or
defamatory in nature.
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RESOLUTION NO. 2000-39
City of Brooklyn Center
5. Attempt to monitor or tamper with another user's electronic
communications, or reading, copying, changing, or deleting
another user's files or software without the explicit agreement of
the owner.
8. Personal Use
Recognizing that. employees will benefit from practice on the computer, the PC's
may be operated for personal use.- following guidelines listed below:
a. Employees must obtain department head or other designated staff approval
for personal use in the office where the PC is located.
b. Personal use is permitted only before and after regular business hours and
only when other City business is not to be performed on the systems.
C. Employees must use their own paper and disks (which must be scanned
and approved for use by the MIS/Technology Coordinator).
d. Only City employees are to use the PC's.
e.' Use of City computers, software and peripherals for the following is
strictly prohibited at all times:
1. for profit or commercial activities;
2. for any other public office or employment which is incompatible
with City employment responsibilities, as determined by the City
Manager,
3. for any political activity
f. Internet e-mail may be used for personal correspondence, as long as it
does not interfere with the normal duties of the employee.
1. using the City Internet e-mail system to participate in any kind of
broadcast mailing list is strictly prohibited.
9. Violation of Guidelines
Violation of any of these guidelines shall be dealt with on an individual basis,
consistent with the nature of the infraction. For all City employees, as defined in
the City Policy Handbook, infractions will be dealt with through normal
personnel procedures - up to and including termination. For all other persons'
infractions will be responded to by appropriate legal action.
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RESOLUTION NO. 2000-39
City of Brooklyn Center
SECTION 4 - RECRUITMENT/EMPLOYMENT
4.1 Position Opening Authorization
Department 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 the filling of all positions.
4.2 Recruitment
The recruitment of applicants for employment with the City shall take place at the
direction of the City Manager through Human Resources.
4.3 Notification of Appointment
The City Manager will notify the candidate selected for appointment in writing. The
notification must include the employment starting date and salary.
The Department Head must provide the newly appointed employee with a current
position description to indicate those duties and responsibilities for which the employee
is accountable.
4.4 Probationary Period
The probationary period begins immediately upon starting date and continues for six (6)
to twelve (12) working months unless otherwise specified in union contract. Department
Head must inform the City Manager of employee's successful completion of the
probationary period.
All newly hired or rehired employees will serve a six (6) to twelve (12) month
probationary period. At any time during the probationary period newly hired, promoted,
or rehired employees may be terminated, demoted, or reassigned at the sole discretion of
the employer. No cause for discharge is necessary.
Time served in temporary positions is not considered part of the probationary period.
4.5 Dismissal During the Probationary Period
A Department Head may recommend to the City Manager dismissal of a probationary
employee at any time during probation for any reason. The employee must be notified of
the termination date in writing from the City Manager.
4.6 Benefits During Probationary Period
Sick and vacation leave will accrue during the initial probationary period. Sick and
vacation leave may be used as earned under the same conditions as applicable to non-
probationary employees.
4.7 Reference Checks
All reference checks for current or terminated employees must be routed to Human
Resources.
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RESOLUTION NO. 2000-39
City of Brooklyn Center
4.8 Employment of Relatives
More than one family member may not be employed within any department where one
family member or relative supervises or has the ability to hire, fire or promote another
relative, or where there may be a conflict of interest or not in the best interest of the City
as determined by the City Manager..
4.9 Discipline
The City reserves the right to take any disciplinary action it deems appropriate under the
circumstances.
4.10 Grievances
Regular full and part-time employees claiming a grievance shall timely submit such
grievance to the employee's supervisor who shall consider and examine the grievance
and attempt to resolve it to the extent of their authority. If the grievance is not resolved
at the supervisory level, it may be referred by the employee to their department head who
shall consider and examine the grievance and attempt to resolve it. If the grievance is not
resolved at the department head level, it may be referred by the employee to the Assistant
City Manager for disposition.
4.11 Declaration of Affirmative Action Policy
This is to affirm the City of Brooklyn Center's policy of providing Equal Opportunity to
all employees and applicants for employment in accordance with all applicable Equal
Employment Opportunity/Affirmative Action laws, directives and regulations of Federal,
State, and Local governing bodies or agencies thereof, specifically Minnesota Statutes
363.
The City of Brooklyn Center will not discriminate against or harass any employee or
applicant for employment because of race, color, creed, religion, national origin, sex,
sexual or affectional orientation, disability, age, marital status, status with regard to
public assistance, or familial status.
The City of Brooklyn Center will take Affirmative Action to ensure that all employment
practices are free of such discrimination. Such employment practices include, but are not
limited to, the following: hiring, upgrading, demotion, transfer, recruitment or
recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship.
The City of Brooklyn Center will commit the time and resources reasonably necessary,
both financial and human, to achieve the goals of Equal Employment Opportunity and
Affirmative Action.
The City of Brooklyn Center will evaluate the performance of its management and
supervisory personnel on the basis of their involvement in achieving these Affirmative
Action objectives as well as other established criteria. Any employee of this City who
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RESOLUTION NO. 2000-39
City of Brooklyn Center
does not comply with the Equal Employment Opportunity policies and procedures as set
forth in this statement and plan may be subject to disciplinary action.
No part of this program is to be construed as a contract between the City of Brooklyn
Center and any individual employee. It does not describe in any way the terms and.
conditions of employment of City employees. Such terms and conditions are set forth in,
and the employment relationship is governed by, applicable collective bargaining
agreements, employment agreements, or the personnel rules of the City.
The City of Brooklyn Center has appointed the Assistant City Manager to manage the
Equal Employment Opportunity/Affirmative Action program. The Assistant City
Manager's responsibilities will include monitoring all Equal Employment Opportunity
activities and reporting the effectiveness of this Affirmative Action program, as required
by Federal, State and Local agencies. Brooklyn Center City Manager will receive and
review reports on the progress of the program. If any employee or applicant for
employment believes he/she has been discriminated against, please notify the Assistant
City Manager.
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RESOLUTION NO. 2000-39
City of Brooklyn Center
SECTION 5 - EMPLOYEE COMPENSATION
The plan shall classify positions in accordance with federal and state laws for all
positions. The City Manager will present the compensation plan to the City Council for
its approval. The effective date of the compensation plan shall be the date stated in the
plan approved by the City Council.
5.1 Compensation Plan ,
The City Manager must develop and maintain a compensation plan so all positions
substantially similar with respect to the type, difficulty, and responsibility of work are
included in the same grade and that the same salary range maybe applied to all positions
in a grade.
5.2 Reclassification
When the duties of a position change substantially, the Department Head may request or
the City Manager may initiate a review of the duties of the positions. Based on the
results of the review, the City Manager may reclassify the position.
5.3 Overtime/Compensatory Time - Fair Labor Standards Act
Pursuant to federal and state wage and hour laws, employees classified as full-time and
nonexempt under FLSA who are authorized overtime work in excess of the regular
scheduled workweek or pay period will be compensated at a rate of one and one-half
times their base rate of pay for hours worked in excess of their regular schedule. FLSA
mandates that the City classify employees in regards to overtime/compensatory time as
one of the following categories: FLSA Exempt Employee or FLSA Non-Exempt
Employee.
1. FLSA Exempt Employee
Exempt employees are not paid for overtime over 40 hours unless otherwise
provided by collective bargaining or contract agreement. Exempt employees are
generally employees who are classified as professional, administrative, executive
and seasonal-recreation, under the FLSA exempt status.
2. FLSA Non-Exempt Employees
Overtime or compensatory time must be paid at a rate of one and one-half times
the non-exempt (this includes full-time, part-time and temporary employees)
employee's regular rate of pay for each hour worked in a work week in excess of
40 hours per week.
5.4 Compensatory Time - Non-Exempt Employees
FLSA non-exempt employees have the option of selecting compensatory time at the rate
of one and one half times their regular rate of pay in lieu of overtime, to a maximum of
40 hours of comp time accrual.
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RESOLUTION NO. 2000-39
City of Brooklyn Center
5.5 General Rules - Overtime/Comp Time
All overtime and comp time to be worked must be pre-approved by the Department Head
prior to working overtime or comp time. Failure to obtain prior approval of overtime and
comp time may result in discipline.
5.5 Temporary Fill-In at a Higher Classification
From time to time employees may be asked to fill in temporarily at work in a higher
classification. The assignment will be made by the Department Head with the approval
of the City Manager.
If a temporary assignment extends beyond 20 working days, additional compensation at
the higher classification may be provided. The duration of a temporary assignment may
not exceed six months, unless authorized by the City Manager.
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RESOLUTION NO. 2000-39
City of Brooklyn Center
SECTION 6 - GENERAL BENEFITS
6.1 Health Coverage - Cafeteria Benefits Plan
The City will provide a contribution for regular full-time employees. Benefits may be
purchased by employee as made available through the Employer's Cafeteria Benefit Plan.
A set dollar amount for benefits will be included in the compensation plan approved by
City Council as a separate document. The City will review its contribution on a regular
basis.
6.2 Dental Benefits
The City will provide a contribution for regular full-time employees. Benefits may be
purchased by employee as made available through the Employer's Cafeteria Benefit Plan.
The City will review its contribution on a regular basis.
6.3 Life Insurance
The City will provide a contribution towards life insurance for regular full-time
employees. Employees provided this benefit may purchase through payroll deduction
additional term life insurance to supplement the insurance coverage provided by the City.
Life insurance coverage paid by the City terminates at the end of the calendar month of
employee termination.
6.4 P.E.R.A.
Public Employees Retirement Account will be maintained for regular full and part-time
employees or as regulations specify. For details see the PERA manual in the Finance
Department.
6.5 Deferred Compensation Program
The City provides employees the opportunity to participate in a Deferred Compensation
Plan. This voluntary plan allows employees to place a portion of their earnings into
pretax deferred investment program. Check with the Finance Department for more
information.
6.6 Flexible Benefits Plan
The City offers an optional plan in which a portion of the employee's salary can be set
aside to cover estimated health care and day care costs. The employee must expend all
the money set aside in the flexible benefit plan or lose it. Proof of medical and day care
expenses must be submitted. Check with the Finance Department for more information.
6.7 Payroll Savings
The City offers an optional payroll savings plan. Check with the Finance Department for
more information. '
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RESOLUTION NO. 2000-39
City of Brooklyn Center
SECTION 7 - LEAVE BENEFITS
7.1 Official City Holidays
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Two Personal Floating Holidays
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4th
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 25
(See description below)
When a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday
is a holiday for employees whose normal work schedule is Monday through Friday.
Non-union employees who work a holiday will be paid time and one-half employee's
regular pay rate for all hours worked in addition to straight compensatory time off for the
holiday.
Employees may observe a religious holiday on days which do not fall on Sunday or a
legal holiday. Observance of such a religious holiday must be taken off without pay
except where the employee has accumulated vacation and in that case such religious
holidays may be charged against such leave accumulations at the option of the employee.
Employees who are in collective bargaining must check their agreements and follow
contract language for holiday schedules.
In order to be paid for holiday leave, the benefit earning employee must be working or
using vacation, sick or other approved paid leave on both the day before and after the
holiday.
7.2 Personal Floating Holiday - Regular Full-time Employees
Employees receive two personal floating holidays per year to be used as follows:
1. Regular full-time employees, employed as of January 1 of each year, shall have
one eight (8) hour personal floating holiday to be used within the calendar year.
Such floating holiday shall be taken at the employee's discretion upon approval of
the employee's supervisor. The floating holiday must be taken as a whole day off
and may not be used in partial days. The personal holiday must be used within
the calendar year or it will be lost.
2. Regular full-time employees, employed as of July 1 of each year, shall have one
eight (8) hour personal floating holiday to be used within the period July 1
through December 31 of that year. Such floating holiday must be taken as a
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RESOLUTION NO. 2000-39
City of Brooklyn Center
whole day off and may not be used in partial days. The personal holiday must be
used within the period July 1 through December 31 of the year in which it is
received or it will be lost.
The request for use of a personal holiday follows the request for vacation.
7.3 Vacation Leave - Regular Full-time Employees
1. Regular employees shall earn vacation leave at the rate of 6.67 hours for each
calendar month of full-time service or major fraction thereof. Regular employees
with five consecutive years of service through 10 consecutive years of service
shall earn vacation leave at the rate of 120 hours per year. Regular employees
with more than ten consecutive years of service shall earn vacation leave
according to the following schedule:
During 11th year of service 128 hours per year.
During 12th year of service 136 hours per year.
During 13th year of service 144 hours per year.
During 14th year of service 152 hours per year.
During 15th year of service 160 hours per year.
In the best interest of the City, vacation leave in excess of the established amount
specified in this section may be granted by the City Manager.
Employees using earned vacation or sick leave shall be considered to be working
for the purpose of accumulating additional vacation leave.
2. Accrual
Vacation begins accumulating in accordance with date of hire.
3. Usage
Vacation leave may be used as earned except that the City Manager shall approve
the time at which the vacation leave may be taken.
4. Vacation Accumulation
Vacation accumulation, including the current vacation earned from year to year,
may not exceed a total accumulation equal to one and one-half times the number
of hours the employee is currently earning in one year. The total number of
vacation hours accrued may not exceed 230 hours, except where approved in
writing by the City Manager.
7.4 Sick Leave - Regular Full-Time Employees
1. Sick leave with pay shall be granted to probationary and regular full-time
employees for each calendar month of full-time service or major fraction thereof.
Sick leave shall accrue at the rate of eight hours per month until 960 hours have
been accumulated. After 960 hours have been accumulated, sick leave shall
accrue at the rate of four (4) hours per month, and simultaneously vacation leave,
in addition to regular vacation leave accrual,
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RESOLUTION NO. 2000-39
City of Brooklyn Center
shall accrue at the rate of two (2) hours per month. Employees using earned sick
leave shall be considered to be working for the purposes of accumulating
additional sick leave.
In the best interest of the City, an advance of a maximum of 96 hours of sick
leave which must be earned before additional hours accumulate maybe granted
by the City Manager to newly hired employees who have a minimum of five years
of job experience which is directly related to the position for which they are hired.
Sick leave may be taken only to the extent that it is earned. Sick leave may be
used for illness, injury, employee assistance program, or by necessity for medical
or dental care. Sick leave may be used by the employee to care for the
employee's spouse, dependents, children, or parents in case of illness or as
otherwise approved by the City Manager. The City Manager may require a
medical certificate as may be deemed necessary before approving the utilization
of sick leave.
7.5
2. Sick Leave Request
Employees must notify their immediate supervisor on the first day of sick leave
and each day of sick leave request before the start of his or her shift unless
otherwise required by the supervisor. When possible, sick leave must be
requested in advance.
3. Sick Leave Severance
Severance pay in the amount of one-third the accumulated sick leave employees
have to their credit at the time of resignation, retirement, or' death shall be paid to
employees who have been employed for at leave five consecutive years. If
discharged for cause, severance pay shall not be allowed.
Official Record - Sick, Vacation, and Compensatory
The City's computerized payroll system is the official record for sick, vacation and
compensatory balances.
7.6 Workers' Compensation
An employee who is temporarily disabled from work by an injury or illness sustained in
the performance of the employee's work with the City, may be eligible for Workers'
Compensation payment and additional salary through the use of accrued sick leave. The
total of the Workers' Compensation check and the accrued sick leave compensation may
not exceed the employee's normal gross pay. For more information on Workers'
Compensation contact your supervisor or Human Resources.
7.7 Funeral Leave
Earned sick leave may be taken in the event of a death in an employee's immediate
family. In this section, the term "immediate family" includes spouse; dependents;
parents; grandparents; sisters; brothers; mother and father-in-law; sister or brother-in-
law; grandchildren; nieces and nephews. The length of leave will be determined by the
Department Head and the City Manager.
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City of Brooklyn Center
7.8 Military Leave for Training Purposes
Employees who are members of any reserve component of the military forces of the
United States or National Guard, will be granted leave of absence without loss of status
or pay not to exceed 15 working days per year when ordered to training or active service.
The City must receive a copy of the orders from the proper authority directing the
employee to report to duty. Military leaves of absence with or without pay shall be
granted as provided in Minnesota and Federal Regulations.
7.9 Jury Duty
Any regular or probationary full-time employee who is required to serve as a juror or
who is under subpoena as a witness in court on City matters, will be granted leave with
pay while serving in such capacity. The employee must provide the appropriate
paperwork to the City prior to the leave being granted. The employee must give any fees
received for such service with the exception of mileage to the City. Temporary
employees will be given leave without pay and may retain all fees received.
7.10 Bone Marrow Donation Leave
A regular or probationary full-time or temporary employee who average 20 or more
hours per week throughout the calendar year, who seek to undergo a medical procedure
to donate bone marrow will be granted up to 40 hours of paid leave of absence. The City
may require a verification by a physician for the purpose and length of each leave
requested.
7.11 School Conference and Activities Leave
In compliance with MN Statutes 181.9412; regular employees may leave up to a total of
16 hours during any 12-month period to attend school conferences or school-related
activities related to the employee's child, provided the activities cannot be scheduled
during non-working hours. Parental leave must be requested in writing in advance and
processed through the Department Head or-Supervisor. An employee may request use of
vacation or leave without pay to a maximum total of 16 hours during a 12-month period.
7.12 Leave of Absence
Leave of absence without compensation may be granted by the City Manager for up to
six calendar months to an employee for any reasonable purpose and extended by the City
Manager for any reasonable period. Employees must submit a written request for
personal leave to the department head and, if approved, the Department Head must
submit the request to the City Manager. The City Manager may extend the leave of
absence if it is found to be in the best interest of the City.
7.13 Family Medical Leave Act - FMLA
Family Leave is governed by the Family Medical Leave Act of 1993 and Federal
Regulations. The following is a summary of the Family Medical Leave Act and how it
applies to employees of the City of Brooklyn Center.
Eligible Employees
Eligible employees are those who have:
a. Been employed by the City of Brooklyn Center for at least one year; and
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RESOLUTION NO. 2000-39 City of Brooklyn Center
b. Have worked a minimum of 1,250 hours within the previous 12-month
period.
2. Circumstances Covered by Family Leave
FMLA leave will be granted to an eligible employee for any of the following
reasons:
a. To care for their child (birth, placement for adoption, or foster care with
the employee);
b. To care for their spouse, son, daughter,, or parent who has a serious health
condition; or
c. For a serious health condition that makes an employee unable to perform
their job duties.
3. Serious Health Condition
A serious health condition is an illness or injury that involves:
a. An overnight stay in a hospital, hospice or residential medical care
facility, and any period of incapacity or subsequent treatment in
connection with such medical care; and
b. A period of incapacity of more than three consecutive calendar days
(including any subsequent treatment period of incapacity relating to the
same condition) that also involves:
1. Treatment two or more times by a health-care provider or certain
others (e.g., a nurse or physical therapist) under the supervision of
or referral by a health-care provider; or
2. Treatment by a health-care provider at least once which results in a
regimen of continuing treatment under the health-care provider's
supervision.
C. Any period of incapacity due to pregnancy or for prenatal care.
d. A chronic condition which:
Requires periodic visits for treatment by a health-care provider or a
person supervised by a health-care provider;
2. Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
May cause episodes of incapacity rather than a continuous period
of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
e. A period of incapacity which is permanent or long term due to a condition
for which treatment may not be effective. A person must be under the
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RESOLUTION NO. 2000-39
City of Brooklyn Center
continuing supervision of, but need not be receiving active treatment by, a
health-care provider (e.g., Alzheimer's, a severe stroke, or the terminal
stages of a disease).
f. Any period of absence to receive multiple treatments for restorative
surgery after an injury or for a condition that would likely result in a
period of incapacity of more than three consecutive calendar days in the
absence of medical intervention (e.g., cancer chemotherapy, kidney
dialysis, etc.).
4. Length of Leave
The length of FMLA leave is not to exceed 12 weeks in any 12-month period.
The entitlement to FMLA leave for the birth or placement of a child expires 12
months after the birth or placement of the child.
Leave Year
The leave year will begin the first day the employee is absent from work on
FMLA leave, or calendar year - final determination to be made by City Manager.
1
6. Notice
The employee must give the City at least 30 days advance notice if the leave is
foreseeable. If leave must be taken in less than 30 days, the employee should give
as much notice as is practicable.
7. Medical Certification
The employee must provide a medical certification if the leave is for the serious
health condition of a child, spouse, parent or the employee. The City may require
a second or third medical opinion at the City's expense.
Use of Annual Leave and Sick Leave
The employee may choose to use accrued annual leave while on any FMLA
leave, but will not be required to do so by the City.
Those employees with accrued sick leave banks may choose to substitute sick
leave in place of annual leave, or they may choose to supplement their leave with
sick-leave hours after their annual leave has been depleted.
The use of annual leave and/or sick leave occurs simultaneously with FMLA
leave and does not extend the length of FMLA leave.
9. Both Spouses Employed by City
When both spouses are employees of the City, each spouse may take up to 12
weeks of FMLA leave per leave year. The leaves may run simultaneously.
10. Continuation of Insurance and Payment of Premiums
An employee on FMLA leave may choose to continue existing health-care
benefits (health and dental) and life insurance if they so desire. These benefits
will be maintained under the same conditions and at the same level of City
contribution as before the employee goes on leave. If there are changes to the
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RESOLUTION NO. 2000-39
City of Brooklyn Center
City's contribution levels and/or premium rates while the employee is on leave,-'
those changes will take place as if the employee were still on the job. The
employee will be required to continue payment of the employee portion of the
health-care and/or other insurance coverage they choose to continue.
The employee may choose not to retain health-care or other insurance coverage
during FMLA leave. When the employee returns from leave, they will be
reinstated on the same terms as prior to taking leave, without any qualifying
period, physical examination, exclusion of pre-existing conditions or other
requirement.
11. Premium Reimbursement
The employee will be required to reimburse the City for any premiums paid
during the leave if the employee does not return to work, unless the employee
cannot return to work due to the continuation of a serious health condition of the
child, spouse, parent or employee, or due to other circumstances beyond the
control of the employee.
12. ` Effect on Benefit Accrual
The employee will not accrue benefits such as annual leave while on unpaid
FNMA leave. Step increases will be extended by the length of the leave.
13. Key Employees
Employees who are not "key" employees will be reinstated to their same position
or an equivalent position upon return from leave with equivalent pay, benefits and
working conditions. A key employee is defined as a salaried employee who is in
the highest ten percent of all employees.
Key employees may be denied reinstatement to the same or an equivalent position
after a leave if denial is necessary to prevent substantial economic injury to the
City's operations. (A "key" employee is a salaried, "eligible" employee who is in
the highest paid ten percent of employees within 75 miles of the work site.)
7.14 Limitation of Grants of Leave without Compensation
Sick leave and vacation leave accruals will not accumulate during leave of absence
without compensation; accrued amounts of both sick leave and vacation leave will
remain on the record at the inception of the leave of absence and shall continue upon the
return of the employee. If the leave extends for more than 30 days, health and dental
coverage and life insurance premiums must be paid in full by the employee during such
leave or the coverage will lapse.
For leaves without compensation of 30 days or less, the City will continue its normal
premium contribution or as policy allows.
7.15 Leave Extension Request
Failure on the part of the employee to request and receive authorization for an extension
of leave within three working days of expiration of initial leave is considered as a
resignation from employment.
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City of Brooklyn Center
7.16 Reinstatement From Leave of Absence
1. An employee returning from leave must notify the employee's supervisor at least
two weeks prior to the anticipated return date.
2. Upon return from a leave of absence, the employee will be assigned to the
previously held position or a position in a comparable class except as herein
provided.
3. An employee may be returned to employment at any time prior to the expiration
of the leave by the action of the City Manager.
4. Employees returning from leave will retain all previously accrued benefits of
employment and seniority.
7.17 Inclement Weather Leave
On days when severe weather occurs, the City of Brooklyn Center offices, operations and
facilities will remain open. When severe weather conditions prohibit an employee to
report to work or an employee leaves work due to weather, the employee will use either
vacation leave or unpaid leave for such absence unless otherwise determined by the City
Manager.
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RESOLUTION NO. 2000-39
SECTION 8 - LIGHT DUTY
City of Brooklyn Center
8.1 Purpose
The purpose of this policy is to establish guidelines for temporary assignment of work to
temporarily disabled employees who are medically unable to perform their regular work
duties. Light duty is evaluated by the City Manager on a case-by-case basis. This policy
does not guarantee assignment to light duty.
8.2 Policy
The City of Brooklyn Center's Light Duty Program is for short-term, temporary
disability-type purposes; assignment of light duty is at the discretion of the City Manager.
The City Manager reserves the sole right to determine when and if light duty work will
be assigned.
8.3 Procedure: Applying for Light Duty Work
When an employee is unable to perform the essential requirements of the employee's job
due to a temporary disability, the employee will notify the City Manager or Department
Head in writing as to the nature and extent of the disability and the reason why the
employee is unable to perform the essential functions, duties, and requirements of the
position. This notice must be accompanied by a physician's report containing a
diagnosis, current treatment, and any work restrictions related to the temporary disability
including the expected time frame regarding return to work full time with no restrictions,
meeting all essential requirements and functions of the City's position description along
with a written request for light duty.
The City may require an independent evaluation conducted by a physician selected by the
City to verify the diagnosis, current treatment, expected length of temporary disability,
and work restrictions.
It is at the discretion of the City Manager whether or not to assign light duty work to the
employee. Although this policy is handled on a case-by-case basis, light duty is
recommended to last no longer than six months.
The circumstances of each disabled employee performing light duty work will be
reviewed regularly.
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RESOLUTION NO. 2000-39
SECTION 9 - SEPARATION FROM EMPLOYMENT
9.1 Resignations
City of Brooklyn Center
To leave employment in good standing employees must submit written
resignation to the employer. Such written notices must indicate the effective date
of resignation and must be submitted at least fourteen (14) calendar days before
such effective date. Failure to comply with this procedure may be considered
cause for denying future employment by the municipality and denial of benefits.
2. Unauthorized Absences. Unauthorized absence from work for a period of three
working days may be considered as resignation without benefits.
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9.2 Dismissal
The City retains the right to an immediate discharge of an employee.
9.3 Lay-Offs
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
the organization. A full-time benefit earning employee who is laid off from employment
shall be provided with a minimum of 14 days advance notice of such layoff or as
provided for in Labor Agreement.
A laid off full-time benefit earning employee shall have the rights to recall to the same
position from which the employee was laid off for up to six months (180 calendar days)
following the layoff.
Part-time, seasonal, temporary, non-benefit earning employees may be separated from
employment at any time, without advance notice and shall have no recall rights.
9.4 Benefits for City Retirees
On August 13, 1990, Brooklyn Center City Council adopted Resolution 90-166
establishing Retirement Health Insurance Program. Benefits for City Retirees have
continued to be approved by Council through the date of adoption of this document.
It is in the best interest of the City of Brooklyn Center that retiring employees have
available to them at their option a quality health insurance program. Therefore the City
established a Retirement Health Insurance Program as follows:
1. Severance Pay '
Severance pay in the amount of one-third the accumulated sick leave employees
have to their credit at the time of resignation, retirement, or death shall be paid to
employees who have been employed for at leave five consecutive years. If
discharged for cause severance pay shall not be allowed.
2. Benefits for City Retirees
a. Employees Eligible for PERA Retirement
All employees eligible for a PERA pension separating employment from
the City shall have the option of retaining membership in the City of
Brooklyn Center's employee health insurance plan for which the
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RESOLUTION NO. 2000-39
City of Brooklyn Center
employee will pay the premium until such time as the retiree is eligible for
Medicare coverage or at age 65, whichever is sooner. If the retiree desires
to continue the family coverage and if such coverage is available under the
City's policies, the additional cost for family coverage shall be paid
monthly by the retiree to the City of Brooklyn Center.
b. Employees Retiring after 25 years of Service
Employees who are retiring after twenty-five years of consecutive service
with the City of Brooklyn Center and are eligible and receiving a pension
from PERA shall have the option of retaining membership in the City of
Brooklyn Center's employee health insurance plan for which the
employee will pay the premium until such time as the retiree is eligible to
receive a full-retirement annuity under PERA or PERA police. At that
time, the City will pay the single-person premium until such time as the
retiree is eligible for Medicare coverage or at age 65, whichever is sooner.
If the retiree desires to continue the family coverage and if such coverage
is available under the City's policies, the additional cost for family
coverage shall be paid monthly by the retiree to the City of Brooklyn
Center.
C. Employees Retiring with Full Unreduced PERA Pension after 10
years of Service
Employees, on the day of his/her retirement, who meet eligibility
requirements for a full-retirement annuity under PERA or PERA Police
without reduction of benefits because of age, disability, or any other
reason for reduction shall have the option of retaining membership in the
City of Brooklyn Center's employee health insurance plan for which the
City will pay the single-person premium until such time as the retiree is
eligible for Medicare coverage or at age 65, whichever is sooner. If the
retiree desires to continue the family coverage and if such coverage is
available under the City's policies, the additional cost for family coverage
shall be paid monthly by the retiree to the City of Brooklyn Center.
In addition, to be eligible for this program, an employee must have been
employed full time by the City of Brooklyn Center for the last ten
consecutive years prior to the effective date of his/her retirement.
Employees participate in this program on a voluntary basis.
Eligible employees, as described in the provision above, who become
disqualified from participation under the policies of the City's health
insurance carriers because of a move out of the service area of such
carriers, may elect to continue participation in this program as follows:
The employee may recommend to the City an insurance carrier providing
health insurance in the area to which the employee has moved. Upon
approval of the carrier by the City, qualification for coverage by the
employee and submission of any additional information reasonably
required by the City, the City will make monthly payments to the
employee for premiums for such policy up to the amount paid by the City
for the lowest single-person premium of the City's employee health
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City of Brooklyn Center
insurance plans at the time of payment. Any additional amount required
shall be paid by the eligible employee. Eligible employees electing this
option must prove residence in a non-covered geographic area and must
submit a written notice of election to the City Manager.
Once an eligible employee has been removed from coverage under the
City's group health insurance plans pursuant to such an election, the
employee may not thereafter re-enter the group and will not be covered
under the City's group policies.
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RESOLUTION NO. 2000-39
SECTION 10 - TUITION REFUND PROGRAM
City of Brooklyn Center
10.1 Tuition Refund
Regular full-time employees who have passed their initial probation period may be
eligible for reimbursement of tuition and required course fees for courses taken for credit
through accredited educational institutions.
Tuition reimbursement may be approved for courses with the following criteria:
1. a college level course available for credit; and
2. course is taken on personal time; and
3. course is "work related"; and
4. grade of "C" or better or "satisfactory" is received upon completion; and
5. the training request receives pre-approval, and final approval by the City
Manager.
Full-time employees who have successfully completed probation may be eligible for a
60%o reimbursement of books, tuition and required fees upon completion. Employees
who have at least five years of consecutive full-time service are eligible for 75%
reimbursement. All regular full time employees who are interested in participating in this
program must first submit course work to City Manager for pre-approval. Pre-approval
forms may be obtained from Human Resources. Employees must obtain pre-approval to
ensure they obtain reimbursement through participation in this program. Maximum
reimbursement is $1,500 per employee per calendar year; or may be lower due to budget
constraints.
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RESOLUTION NO. 2000-39 City of Brooklyn Center
SECTION 11 - RECORDS AND REPORTS
11.1 Personnel File
The official personnel file for each regular employee is in the Administration office with
the exception of data regarding benefits, which is maintained in Finance.
The employee's personnel file contents are proprietary to the City and the employee may
not exercise his/her right to review their file more often than once every six months
unless new information has been added to the file.
11.2 Job Descriptions
The City Manager, with assistance of Department Heads shall establish and maintain a
job description for each position. Administration will maintain the official copy of each
current job description for regular positions.
11.3 Performance Reports
Department Heads and Supervisors shall conduct performance evaluations with regular
employees on an annual basis. Evaluations may be conducted more frequently if an
employee's performance is unsatisfactory, there are changes to the position or as
determined by the supervisor. Performance evaluations should be discussed with the
employee before being submitted to the City Manager. Performance evaluations shall be
retained in the employee's personnel file.
11.4 Employee Identification Card Policy
All full-time and part-time regular employees out in the field and/or conducting
inspections are required to have a City employee identification card. Employee
identification cards are available from the police department.
Upon termination with the City of Brooklyn Center, employee identification cards must
be returned to the appropriate department head/supervisor.
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RESOLUTION NO. 2000-39 City of Brooklyn Center
SECTION 12 - EXPENSE REIMBURSEMENT POLICY
12.1 Clothing/Foot Protection
1. Eligible Employees
All full and part time regular and seasonal employees in the work area of
government buildings divisions and employees engaged in building inspection
and engineering inspection/survey; golf course maintenance personnel as well as
all others-so designated (excluding IOUE Local #49 employees.)
2. Procedure
Full-time employees will be reimbursed an allowance of $100 per calendar year
for purchase of work clothing, protective clothing, safety jackets or vests, steel
toed boots/shoes; uniform or rental of such work clothes for use on the job for the
City of Brooklyn Center. The employer will reimbursement part-time and/or
seasonal employees an allowance of $50 per calendar year for the above listed
purchases.
The City reserves its right to ensure allowance is used for appropriate work attire.
Receipts and description of purchase/rental required prior to reimbursement.
Employees who choose to be reimbursed by the City for the optional clothing
and/or footwear described above must submit to his/her supervisor a clothing/foot
protection reimbursement form and proof of purchase. The supervisor will then
submit this documentation to the Human Resources Assistant for final approval.
12.2 Mileage Reimbursement
Personal automobile use for authorized trips, meetings, work, etc., will be reimbursed at
the rate consistent with IRS- regulations. Mileage reimbursement requests must be in
writing and approved by the Department Head. Use of personal vehicle for work
purposes must be pre-approved by the Department Head.
12.3 Personnel Expense Reimbursement
Reimbursements of travel expenses are intended to refund actual costs incurred by City
employees and officials while traveling as authorized representatives of the City of
Brooklyn Center. In order to qualify for travel reimbursement, trips to a destination
exceeding 100 miles from Brooklyn Center must have the prior approval of the City
Manager. Requests for travel advances intended to defray costs incurred while on a trip
and prior to submission of an expense report shall be submitted to the City Manager for
approval at least seven days in advance of the trip. Travel advances shall be limited to 90
percent of the estimated expenses for lodging, meals, and other related travel expenses.
Costs of transportation and registration shall be advanced in full.
A properly verified, itemized expense claim shall be submitted to the City
Manager for approval within ten days following the date of return from an
authorized trip. Expense claims shall be accompanied by receipts for:
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RESOLUTION NO. 2000-39 City of Brooklyn Center
a. Transportation costs to and from the destination via coach, tourist, or
economy class transportation.
b. Lodging costs not to exceed a reasonable single-occupancy rate as
determined by the City Manager.
C. Conference or meeting registration fees.
d. Any unusual items for which advance approval has been obtained from the
City Manager.
2. The mode of transportation must be approved by the City Manager prior to any
authorized trip. Personal automobile use for authorized trips will be reimbursed
at a rate consistent with IRS regulations, or an amount equal to air travel tourist
class, whichever is lesser.
3. Reimbursement for meals while on authorized travel will be for actual
expenditures. See current pay plan for maximum allowable amount.
4. Employees and officials of the City shall be reimbursed for individual or actual
meal cost unless meal cost is part of function. See current pay plan for maximum
allowable amount.
12.4 Accrual of Benefits for Airline For City Business
City employees/officials using City funds, traveling on City business and using
commercial airlines cannot claim frequent flyer mileage or any other similar type credit
as their own. Employees/officials must certify that they have not claimed frequent flyer
mileage or similar such credits for personal use when they apply for travel reimbursement
for City trips.
Employees/officials are encouraged to obtain a separate frequent flyer card exclusively
for City travel. Employees/officials must use frequent flyer tickets earned while
traveling on City business for City travel. Employees/officials cannot use frequent flyer
miles as reimbursement for City trips.
12.5 City Vehicles
Certain employees of the City are required to drive a City vehicle to their home and keep
it there while off duty. They must do so to be able to respond to emergency situations.
These emergency situations include fire and police protection, civil defense, and
restoring City services such as water, sewer, and streets. It may also be necessary to keep
a City vehicle at home for security purposes or other City business purposes. These
vehicles must be used for City business use only and cannot be used for the personal use
of any employee. Such use is assigned and approved by the City Manager. The
employees who are authorized to keep a City vehicle at their home on a regular basis
while off duty are as follows: .
1. Chief of Police
2. Police Captains
3. Fire Chief
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RESOLUTION NO. 2000-39
4. Public Works Superintendent
5. Supervisor of Street and Parks Maintenance
6. Supervisor of Public Utilities
7. Liquor Stores' Manager
City of Brooklyn Center
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