HomeMy WebLinkAbout2002-049 CCRMember Kay Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2002-49
RESOLUTION ADOPTING REVISED PERSONNEL RULES AND
REGULATIONS FOR PART-TIME EMPLOYEES AND ACCEPTING REVISED
RULES AND REGULATIONS ADOPTED BY BROOKLYN CENTER
VOLUNTEER FIRE DEPARTMENT
WHEREAS, the City of Brooklyn Center has been well served by the Brooklyn
Center Volunteer Fire Department though the services of members of the Volunteer Firefighters
Association; and
WHEREAS, the members of the volunteer fire department have been determined by
the League of Minnesota Cities Insurance Trust to be acting as regular part-time employees of the
City of Brooklyn Center in their capacity as firefighters; and
WHEREAS, firefighters should be included with other part-time employees under the
policies and procedures of the City of Brooklyn Center; and
WHEREAS, the part-time manual adopted by the City Council dated March 2000 has
now been revised to address the unique status of firefighters both as members of the Volunteer
Firefighters Association and as regular part-time employees; and
WHEREAS, the members of the department adopted in February 2002, revised rules
and regulations to govern the association and the practice of firefighting that are consistent with the
policies and procedures related to part-time employees of the City of Brooklyn Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the Personnel Rules and Regulations Part-Time Manual dated
March 2000 be amended as presented in the document dated April 2002 attached, and that the City
Council receive the revised rules and regulations dated February 2002 adopted by the members of
the Brooklyn Center Volunteer Fire Department.
April 8, 2002 C!? /
D e , Mayor ~
ATTEST: '
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Ed Nelson
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2002-49
City of Brooklyn Center
Personnel Rules and Regulations
part-Time Manual
April 2002
SECTION 1- PURPOSE 1
1.1 Purpose ....................................................................................1
1.2 Adoption & Amendment 1
1.3 Savings Clause 1
1.4 Department Rules 1
1.5 Application - Positions 1
1.6 At-Will Employment 1
1.7 Employment Guidelines 1
1.8 Labor Agreements 2
1.9 Management Rights 2
SECTION 2- DEFINITIONS 3
SECTION 3- CONDUCT AND ETHICS 5
3.1 Sexual Harassment 5
3.2 Drug & Alcohol Free Workplace 6
3.3 Tobacco Use .............................................................................14
3.4 Gifts and Gratuities ..................................................................14
3.5 Membership on Advisory Commissions ..................................15
3.6 Information Systems/Internet Use Policy ................................15
SECTION 4- RECRUITMENT/EMPLOYMENT
18
4.1
Position Opening Authorization
18
4.2
Recruitment
18
4.3
Notification of Appointment
18
4.4
Probationary Period
18
4.5
Dismissal During the Probationary Period
18
4.6
Reference Checks
18
4.7
Employment of Relatives
18
4.8
Discipline
19
4.9
Grievances
19
4.10
Declaration of Affirmative Action Policy
19
SECTION 5- EMPLOYEE COMPENSATION ............................................21
5.1 Compensation Plan ..................................................................21
5.2 Reclassification ........................................................................21
5.3 Overtime/Compensatory - Fair Labor Standards Act .............21
5.4 Compensatory Time - Non-Exempt Employees .....................21
5.5 General Rules - Overtime/Comp Time ...................................21
5.6 Temporary Fill- In at higher Classification .............................22
SECTION 6- LEAVE BENEFITS .................................................................23
6.1 Workers' Compensation ..........................................................23
6.2 Funeral Leave ...........................................................................23
6.3 Military Leave for Training Purposes ......................................23
6.4 Bone Marrow Donation Leave .................................................23
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RESOLUTION NO. 2002-49
6.5 School Conference and Activities Leave ..................................23
6.6 Leave of Absence ......................................................................24
6.7 Family Medical Leave Act - FMLA •••.•••.•••••--24
6.8 . Limitation of Grants of Leave without Compensation .............26
6.9 Leave Extension Request ..........................................................26
6.10 Reinstatement From Leave of Absence ....................................26
6.11 Inclement Weather Leave .........................................................26
SECTION 7- SEPARATION FROM EMPLOYMENT ...............................27
7.1 Resignations ...............................................................................27
7.2 Dismissal ....................................................................................27
7.3 Lay-Offs .....................................................................................27
SECTION 8- RECORDS AND REPORTS ...................................................28
8.1 Personnel File ............................................................................28
8.2 Job Descriptions ..........................28
8.3 Performance Reports .........28
8.4 Employee Identification Card Policy ............................28
SECTION 9- EXPENSE REIMBURSEMENT POLICY .............................29
9.1 Clothing/Foot Protection ..........................................................29
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City of Brooklyn Center Part-time Policy Manual
SECTION 1 - PURPOSE
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. City Manager
d. City Attorney
e. Persons engaged under contract to supply expert, professional, technical, or
any other services
f. 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.
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City of Brooklyn Center Part-time Policy Manual
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
Public Employment Labor Relations Act, 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.
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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SECTION 2 - DEFINITIONS
City of Brooklyn Center Part-time Policy Manual
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. Tax 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
workweek 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 workweek and was hired for a service duration in excess of 6 months and has
successfully completed the probationary period. Volunteer Firefighters shall be
considered regular part-time employees.
Temporary Full-Time - an employee who works a 40-hour workweek 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 a 40-hour workweek whose
employment is limited by duration of 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. Volunteer Firefighters serve a probationary period and must
past that probationary period in accordance with Fire Department Rules and
Regulations in order to proceed to regular part-time employee status.
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City of Brooklyn Center Part-time Policy Manual
Probationary Period - a six to twelve month working trial period, except that Volunteer
Firefighters serve the probationary period as prescribed in the Fire Department Rules
and Regulations.
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.
Veterans Preference- the preference granted to veterans by Minnesota Statues, sections
43A.11 and 197.481.
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City of Brooklyn Center Part-time Policy Manual
SECTION 3 - CONDUCT AND ETHICS
3.1 Sexual Harassment
This sexual harassment policy applies to all officials and employees of the City including
regular full-time and regular part-time employees, elected and appointed officials,
temporary, seasonal and non-regular employees, employees covered or exempted from
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.
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
confidence as soon as possible. If any employee directly receives an oral or
April 2002
RESOLUTION NO. 2002-49
City of Brooklyn Center Part-time Policy Manual
written complaint from an alleged victim of sexual harassment, he or she must
immediately forward the complaint to the Assistant City Manager 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. Investigations 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 employers 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.
b. Scope
This drug and alcohol testing policy applies to all employees of the City
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City of Brooklyn Center Part-time Policy Manual
and to all job applicants who have received a contingent offer of
employment by the City. Volunteer Firefighters and Probationary
Firefighters are subject to Fire Department Rules and Regulations in
addition to this drug and alcohol testing policy.
C. Definition
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 "polo
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 that 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 an
odor of an alcoholic beverage or signs of physical impairment in
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City of Brooklyn Center Part-time Policy Manual
violation of the City's Personnel Policy accompany it. 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, probationary firefighter or firefighter, in
which impairment caused by drug or alcohol usage would threaten
the health or safety of any person.
15. Under the influence - 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:
1. 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.
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
d. has caused a work related accident or was operating or
helping to operate machinery, equipment, or vehicle
involved in a work related accident.
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City of Brooklyn Center Part-time Policy Manual
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.
i. 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
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City of Brooklyn Center Part-time Policy Manual
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
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
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City of Brooklyn Center Part-time Policy Manual
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. seq.
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 aver-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
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.
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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 ori ginal positive test result, the City will take no
adverse personnel action. 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.
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.)
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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.
3. 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.
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.
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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.
1
3.3 Tobacco Use
Tobacco products (i.e. chewing tobacco, smoking, etc.) are prohibited in City buildings
and vehicles.
3.4 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 a City employee accept any gift or gratuity, even if the gift or gratuity was
unsolicited, Volunteer Firefighters soliciting donations on behalf of the Brooklyn Center
Firefighters Relief Association must follow guidelines for solicitation as established in the
Fire Department Rules and Regulations, and may not solicit or accept gifts intended for
personal use.
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.
5. Usual or customary gift giving among employees during the holiday season,
birthdays, retirements, weddings, baby showers, rolls, cookies, flowers, etc., provided
by coworkers.
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City of Brooklyn Center Part-time Policy Manual
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.
3.5 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.
3.6 Information Systems/Internet Use Policy
The purpose of this policy is to define acceptable and unacceptable use of the computer
system and network resources.
1. 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 Information Technology (IT) Coordinator.
Formal requests should be in writing, with an in-depth explanation of need and
the cost savings involved.
ALL software used on City computer and network systems must be approved and
installed by the IT Coordinator. Written requests for new and demonstration
software packages will be reviewed and approved at the discretion of the IT
Coordinator. City employees are prohibited from downloading, acquiring, or
installing their own software without prior consent and approval from the IT
Coordinator.
3. 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.
4. Electronic Mail
Electronic mail should be considered non-private information periodically
reviewed and used for investigation by the IT Coordinator and department heads.
The electronic mail system is not to be used to harass any other individual. Use
of the electronic mail system is considered to be acceptance and acknowledgment
of this rule.
5. 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
15 April 2002
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RESOLUTION NO. 2002-49
City of Brooklyn Center Part-time Policy Manual
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 IT Coordinator and department heads.
6. Using the World 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 IT 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.
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.
7. Personal Use
Recognizing that employees will benefit from practice on the computer, the PC's
may be operated for personal use - following guidelines as listed:
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City of Brooklyn Center Part-time Policy Manual
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 IT 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:
f. for profit or commercial activities;
g. for any other public office or employment which is incompatible with City
employment responsibilities, as determined by the City Manager,
h. for any political activity
i. Internet e-mail may be used for personal correspondence, as long as it
does not interfere with the normal duties of the employee.
j. using the City Internet e-mail system to participate in any kind of
broadcast mailing list is strictly prohibited.
8. 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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SECTION 4 - RECRUITMENT/EMPLOYMENT
4.1 Position Opening Authorization
Department Heads will notify the City Manager and make recommendations when
y
replacement vacancy exists in a department or when there is a desire to fill a newl
created position. The City Manager will review the request and recommendations
advise the department head on the proper course of action. The City Manager is th
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.
a
and
e final
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. The 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, or, in the case of volunteer firefighters, the time outlined in the Fire
Department Rules and Regulations. 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 Reference Checks
All reference checks for current or terminated employees must be routed to Human
Resources.
4.7 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.
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City of Brooklyn Center Part-time Policy Manual
An exception to this rule can be made for Volunteer Firefighters where
Fire Department Rules and Regulations govern the chain of command executed in the
Fire Department and where it is in the best interest of the City to allow multiple family
members to participate in the Volunteer Fire Department as determined by the City
Manager.
4.8 Discipline
The City reserves the right to take any disciplinary action it deems appropriate under the
circumstances.
4.9 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, the employee to their department head who shall consider and
examine the grievance and attempt to resolve it may refer it. If the grievance is not
resolved at the department head level, the employee to the Assistant City Manager for
disposition may refer it. Grievances involving Volunteer Firefighters shall be handled
first in accordance with Fire Department Rules and Regulations.
4.10 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
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.
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City of Brooklyn Center Part-tune Policy Manual
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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City of Brooklyn Center Part-time Policy Manual
SECTION 5 - EMPLOYEE COMPENSATION
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 may be applied to all positions
in a grade.
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.
5.2 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 Employee Exempt
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 workweek 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.
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.
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5.6 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 Department Head, with the approval of the City Manager will make
the assignment.
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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City of Brooklyn Center Part-time Policy Manual
SECTION 6 - LEAVE BENEFITS
The following leave benefits apply to all part-time employees, except that leaves will be granted
to Volunteer Firefighters in accordance to the leaves described below and Fire Department
Rules and Regulations with regard to earning of pension time and seniority.
6.1 Workers' Compensation
An employee who is temporarily disabled from work by an injury or illness sustained in
the performance of the employees work with the City, may be eligible for Workers'
Compensation payment. For more information on Workers' Compensation contact your
supervisor or Human Resources.
6.2 Funeral Leave
Time off can 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 Department Head and the City Manager will determine the length of
leave.
6.3 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.
6.4 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 leave of absence. The City may
require verification by a physician for the purpose and length of each leave requested.
6.5 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 leave
without pay to a maximum total of 16 hours during a 12-month.
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6.6 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.
6.7 Family Medical Leave Act - FMLA
The Family Medical Leave Act of 1993 and Federal Regulations govern family Leave.
The following is a summary of the Family Medical Leave Act and how it applies to
employees of the City of Brooklyn Center.
1. Eligible Employees
Eligible employees are those who have:
a. Been employed by the City of Brooklyn Center for at least one year; and
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.
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City of Brooklyn Center Part-time Policy Manual
C. Any period of incapacity due to pregnancy or for prenatal care.
d. A chronic condition which:
I . 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
3. 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
continuing supervision of, but need not be receiving active treatment by a
healthcare provider (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.
5. 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.
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.
8. Both Spouses Employed by City
When both spouses are employees of the City, each spouse may take 12 weeks of
FMLA leave per leave year. The leaves may run simultaneously.
9. Effect on Benefit Accrual
The length of the leave will extend step increases.
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City of Brooklyn Center Part-time Policy Manual
10. 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.)
6.8 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, the employee must
pay health and dental coverage and life insurance premiums in full 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.
6.9 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.
6.10 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.
6.11 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 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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City of Brooklyn Center Part-time Policy Manual
SECTION 7 - SEPARATION FROM EMPLOYMENT
7.1 Resignations
1. 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.
7.2 Dismissal
The City retains the right to an immediate discharge of an employee.
7.3 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. 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.
1
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City of Brooklyn Center Part-time Policy Manual
SECTION 8 - RECORDS AND REPORTS
8.1 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.
8.2 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.
8.3 Performance Reports
Department Heads and Supervisors shall conduct performance evaluations with regular
employees on an annual basis. Performance evaluations with regard to Volunteer
Firefighters shall be completed in accordance to Fire Department Rules and
Regulations. 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.
8.4 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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City of Brooklyn Center Part-time Policy Manual
SECTION 9 - EXPENSE REIMBURSEMENT POLICY
9.1 Clothing/Foot Protection
1. Eligible Employees
All 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.
2. Procedure
Part-time and/or seasonal employees will be reimbursed an allowance of $50 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 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 Department Head for final approval.
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.
1
29 April 2002
SOLUTION NO.2Q02-49
P,E RE D'EPA`RTMENT
ER VOLUNTEER F~ DNS
'BRpOLYNRCENTULES AND REGULAT12p~2
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TABLE OF CONTENTS
ARTICLE I - ORGANIZATION 1
ARTICLE II PERSONNEL 1
SECTION I FIRE RESERVE QUALIFICATIONS AND DUTIES
1
SECTION II PROBATIONARY - QUALIFICATIONS AND DUTIES
2
SECTION III REGULAR QUALIFICATIONS AND DUTIES
3
SECTION IV JOB DESCRIPTION
3
1.0 FIRE CHIEF
3
2.0 ASSISTANT FIRE CHIEF
4
3.0 DISTRICT CHIEF
5
4.0 CAPTAIN
6
5.0 TRAINING OFFICERS
6
6.0 REGULAR FIREFIGHTERS
7
7.0 FIRE INSPECTORS
8
8.0 FIRE EDUCATION SPECIALISTS
8
SECTION V EMERGENCY RESPONSE PERFORMANCE
9
SECTION VI DRILLS AND MEETINGS
9
SECTION VII WORK DETAILS
10
SECTION Vill DIVING PERSONNEL
10
ARTICLE III COMMITTEES 10,
SECTION I
FINANCIAL PLANNING/AUDIT COMMITTEE
10
SECTION II
EXAMINING COMMITTEE
11
SECTION III
SELECTION COMMITTEE
11
SECTION IV
REVIEW COMMITTEE
11
SECTION V
FUND RAISING COMMITTEE
12
SECTION VI
SUNSHINE FUND (FLOWERS)
13
ARTICLE IV - SELECTION OF OFFICERS 13
SECTION I APPOINTMENT PROCEDURES 13
SECTION 11 SELECTION PROCESS 14
SECTION III TERMS OF FIRE OFFICERS 14
SECTION IV MINIMUM QUALIFICATIONS FOR FIRE OFFICERS 14
SECTION V ADDITIONAL QUALIFICATIONS FOR OFFICER CANDIDATES 16
SECTION VI ELIGIBILITY AND QUALIFICATIONS 17
SECTION VII VARIANCES 17
SECTION VIII PROCESS 17
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RESOLUTION NO. 2002-49
SECTION 1X PEER EVALUATION
SECTION X RESULTS
SECTION XI APPOINTMENTS
ARTICLE V - LEAVE OF ABSENCE/RESIGNATION
SECTION 1 LEAVE OF ABSENCE
SECTION 11 SENIORITY/PROMOTIONS
SECTION 111 MEDICAL LEAVE OF ABSENCE
SECTION IV DISCIPLINARY GUIDELINES AND PROCEDURES
SECTION V REINSTATEMENT
ARTICLE VI - CHANGES
ARTICLE VII - OPERATING PROCEDURES
SECTION I
APPROVAL
SECTION 11
EXTENUATING CIRCUMSTANCES
SECTION III
REVISIONS
SECTION IV
GENERAL
SECTION V
DUTY RULES
SECTION VI
UNIFORMS
SECTION VII
SAFETY REGULATIONS (PAGES 6-8 SOP'S
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BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT
RULES AND REGULATIONS
ARTICLE I - ORGANIZATION
These Rules and Regulations will be in conformance with the Brooklyn Center
Charter, City Ordinance, Chapter 5 and the Bylaws of the Brooklyn Center Volunteer
Fire Department. All members, including Fire Reserve, Probationary and Regular,
will be subject to the provisions of the Rules and Regulations unless otherwise
specified herein. These Rules and Regulations will support the efficient operation of
the Brooklyn Center Volunteer Fire Department and its objectives. Seniority will be
defined as time of active service, beginning with probationary date.
ARTICLE II - PERSONNEL
Section I Fire Reserve Qualifications and Duties
1.0 Applicants for Fire Reserve membership will satisfactorily pass
an oral interview and a medical examination, drug test,
psychological test, and physical ability test before being
appointed to the Fire Reserve by the Fire Chief.
2.0 Reservists will complete fit testing and SCBA requirements
before receiving pagers and responding to calls.
3.0 Reservists will actively participate in all department drills, work
details and special nonpublic activities unless excused by an
officer.
4.0 Attendance will be monitored and will become a part of their
performance when being evaluated for probationary
membership. Reservists _will be welcome in the station anytime,
but will not be allowed in the station, including social areas,
without a regular member.
5.0 Reservists will be invited and encouraged to attend all social
functions.
6.0 Reservists will not handle any equipment unless accompanied
by a regular member and only after having been properly
instructed as to its use.
7.0 Reservists will respond to the station only after their minimum
training is completed. Reservists will ride emergency vehicles
only at the discretion of an officer; however, they will not displace
a regular or probationary firefighter.
Rules and Regulations Page 1 February, 2002
RESOLUTION NO. 2002-49
8.0 Reservists will have no direct contact with the public until they
have an adequate understanding of the department and its
equipment and at the discretion of a Chief Officer.
9.0 Reservists will participate in fund raising activities in a supporting
role.
10.0 Reservists may be dismissed for any valid reason involving
performance or attitude at the discretion of the Chief Officers.
There will be no appeal procedures.
11.0 Reservists will not wear any fire department uniforms, official or
unofficial, at any time without permission of an officer.
Section 11 Probationary - Qualifications and Duties
1.0 Applicants for probationary membership will be members of the
fire reserve. Before being appointed to probationary member by
the Fire Chief, the applicant must be State-certified in Firefighter
1.
2.0 Probationary members will participate in all activities and drills
(regular and special) including fund raising.
3.0 Probationary members may attend business meetings, but will
have no vote at such meetings and when in attendance, will
dress casually, but neatly.
4.0 Probationary members will respond to all calls. Probationay
members may ride emergency vehicles to the scene, but will not
take the place of a regular member on a truck.
5.0 Probationary members will be welcome in the station anytime.
They will be allowed to use a key to enter the station when
responding to a call. They will not be allowed in the station
without a regular member present unless directed by an officer.
6.0 Probationary members will serve a minimum probationary period
of six (6) months.
7.0 Probationary members may be dismissed for a valid reason
involving performance or attitude at the discretion of the Chief
after consulting with the fire department officers. There will be
no appeal procedure.
Rules and Regulations
Page 2 February, 2002
Section III
Section IV
Regular - Qualifications and Duties
1.0 Applicants for regular membership will serve a minimum period
of six (6) months as a probationary member, and must complete
a First Responder Course or equivalent, emergency vehicle
driving, and pump operation before being appointed to regular
membership.
2.0 Duties for a regular firefighter are found in Section IV, Job
Description.
3.0 . Each individual firefighter will make all efforts to contact a chief
officer of any injury, hardship, or other circumstance causing
their absence in excess of 72 hours.
Job Description
1.0 Fire Chief
1. 1, The Chief will be responsible for all apparatus, equipment and
supplies, and will supervise or direct all persons who are
members of the department and will possess full power and
authority over its organization, government and discipline, and to
that end, will prescribe and enforce such rules and issue such
orders as he/she deem advisable.
1.2 The Chief will, at all times, supervise and keep in repair and
ready for instant use, all apparatus, equipment and supplies
used for fire prevention, fire protection and emergency
responses.
1.3 The Chief, upon arriving at the scene of an emergency, will
assume full command at his/her discretion.
1.4 The Chief will keep a record of all fires, causes and losses
incurred in such fires as accurately as such causes and losses
can be ascertained.
1.5 The Chief will submit a report of the condition and activities of
the fire department to the City Manager at the close of each
fiscal year, or as soon thereafter as is practical.
1.6 The Chief will, from time to time, advise the City Manager of the
needs of the department caused by changing conditions and the
developments of the city, and make such recommendations in
writing as is deemed necessary. The Chief will also recommend
1
Rules and Regulations Page 3 February, 2002
RESOLUTION NO. 2002-49
the acquisition of new apparatus, equipment and supplies. All
purchases for the department will be subject to approval by the
Chief.
1.7 On or before July 1 of each year, the Chief will submit to the City
Manager a detailed budget estimate of the requirements of the
fiscal year including an estimate of cost of needed additions,
replacement, or repairs to apparatus, equipment and buildings.
1.8 The Chief will have the responsibility of the management of the
fire department budged and will.certify that all bills charged to the
department are correct.
1.9 The Chief will be responsible to the City Manager of the City of
Brooklyn Center.
1,10 The Chief will be responsible for media relations.
2.0 Assistant Fire Chief
2.1 Must meet emergency response performance established for
regular firefighters and must meet or exceed meeting and drill
attendance standards established for regular firefighters.
2.2 The Assistant Chief will be under the direct supervision of the
Chief of the department.
2.3 The Assistant Chief will be subordinate only to the Chief of the
department.
2.4 During the absence of the Chief of the department, the Assistant
Chief will assume the duties and responsibilities of the Chief of
the department.
2.5 The Assistant Chief will be directly responsible to the Chief of the
department for maintenance of discipline and efficiency of all
personnel.
2.6 The Assistant Chief, upon arriving at the scene of an emergency,
will assume full command at his/her discretion.
2.7 The Assistant Chief will be directly responsible to the Chief of the
department for the proper distribution of personnel.
2.8 The Assistant Chief will enforce all rules, regulations and order of
the department.
Rules and Regulations Page 4 February, 2002
2.9 The Assistant Chief will perform such other related work as the
Chief of the department may direct.
2.10 The Assistant Chief will examine all requests or
recommendations made by subordinates, forwarding such
requests or recommendations to the Chief of the department with
his/her approval or disapproval.
3.0
2.11 The Assistant Chief will be responsible for all maintenance of
equipment.
2.12 The Assistant Chief will be responsible for the training of all
department personnel.
2.13 The Assistant Chief will be responsible for preplan drawings and
preplan records.
District Chief
3.1 Must meet emergency response performance established for
regular firefighters and must meet or exceed meeting and drill
attendance standards established for regular firefighters.
3.2 The District Chief, upon arriving at the scene of an emergency in
his/her district, will assume command at his/her discretion until
released by an officer of higher rank.
3.3 The District Chief will supervise company officers in their
operation in his/her station.
3.4 The District Chief will assign work and special projects to
Captains in his/her station.
3.5 The District Chief will supervise work and special project
assignments in his/her station.
3.6 The District Chief will perform training duties as assigned.
He/she will perform such other duties, as the Assistant Chief
may deem necessary.
Rules and Regulations Page 5 February, 2002
RESOLUTION NO. 2002-49
4.0 Captain
4.1 Must meet emergency response performance established for
regular firefighters and must meet or exceed meeting and drill
attendance standards established for regular firefighters.
4.2 The Captain will be under the direct supervision of the District
Chief.
4.3 The Captain will be in direct command of his/her company at the
station, fires and other emergencies.
4.4 The Captain will be responsible for the fire fighting efficiency and
the discipline of his/her company.
4.5 The Captain will respond with his/her company to all fires and
such other emergency calls as directed.
4.6 When first to arrive at a fire or emergency, the Captain will be in
command thereof, until relieved by an officer of higher rank.
4.7 The Captain will assume active command and be responsible for
the extinguishment of all fires and emergencies that he/she is in
command.
4.8 The Captain will be directly responsible to the District Chief for
the proper care and condition of the apparatus and equipment of
the department.
4.9 The Captain will perform training duties as assigned. He/she will
perform such other duties, as the District Chief may deem
necessary.
5.0 Training Officers
5.1 Must meet emergency response performance established for
regular firefighters and must meet or exceed meeting and drill
attendance standards established for regular firefighters.
5.2
5.3
Training Officers will be under the direct supervision of the
Assistant Chief.
Training Officers will be responsible for the conduct and
supervision of all training drills and exercises.
Rules and Regulations Page 6 February, 2002
5.4 Training Officers will maintain member attendance records for all
drills and exercises in accordance with Section V.
5.5 Training Officers will maintain a record of each drill using the drill
attendance report with drill objectives, outline material presented,
audio/visual sources used and total time of drill or exercise.
6.0
5.6 Training Officers will maintain a record of all training materials
owned by the Brooklyn Center Fire Department.
5.7 Training Officers will be a member of, and actively participate in,
the North Suburban Mutual Aid Training Officers' Section.
5.8 Training Officers will prepare and make available to members a
quarterly schedule of drills and exercises.
5.9 Training Officers will prepare an annual report of all training
activities for the preceding year including total hours, member
attendance and such other data as the Assistant Chief or Chief
may request.
5.10 Training officers will encourage member attendance at outside
schools and seminars and notify the members of such schools.
Regular Firefighters
6.1 Regular firefighters will be under the direct supervision of the
office of his/her company.
6.2 Regular firefighters will extinguish and prevent fires, effect
rescues and render first aid.
6.3 Regular firefighters will participate in drills and other department
training.
6.4 Regular firefighters will keep the apparatus, tools and equipment
in good condition. <
6.5 Regular firefighters will keep the station and premises neat,
clean and in good order.
6.6 Regular firefighters will assume command of his/her company in
quarters and at fires in the absence of a superior officer, when so
directed.
6.7
Regular firefighters will perform other related work as required
Rules and Regulations Page 7 February, 2002
RESOLUTION NO. 2002-49
6.8 Regular firefighters will maintain all departmental certification
(Firefighter I, First Responder) requirements and those
certifications deemed necessary by chief officers.
7.0 Fire Inspectors
7.1 Must meet emergency response performance established for
regular firefighters and must meet or exceed meeting and drill
attendance standards established for regular firefighters.
7.2 Fire Inspectors will be responsible for inspections of commercial,
multiple, industrial and all inspections in accordance with local,
state and federal regulations.
7.3 Fire Inspectors will coordinate responsibilities in conjunction with
the Fire Marshal/Fire Chief.
7.4 Fire Inspectors will assist in plan reviews as requested by the
Fire Marshal/Fire Chief.
7.5 Fire Inspectors will be responsible for individual assignments as
requested by the Fire Marshal/Fire Chief.
8.0 Fire Education Specialists
8.1 Must meet emergency response performance established for
regular firefighters and must meet or exceed meeting and drill
attendance standards established for regular firefighters.
8.2 Fire Education Specialists will be responsible for fire education at
all schools and applicable programs within the community.
8.3 Fire Education Specialists will be responsible for follow up,
continuing fire education and juvenile fire setters.
8.4 Fire Education Specialists will coordinate Fire Prevention Week
programs.
8.5 Fire Education Specialists will develop an educational program
for juvenile fire setters.
8.6 Fire Education Specialists will coordinate fire education
programs with other fire departments.
Rules and Regulations Page 8 February, 2002
Section V
Section VI
Emerqencv Response Performance
1.0 All regular members are required to maintain a minimum
emergency response performance record. The minimum
standards are 33% of all calls during a member's normal
availability and 25% of total calls. Regular member performance
may be subject to review by the Fire Chief.
2.0 It is the member's responsibility to assure his/her attendance is
recorded at the scene or the station.
3.0 Monthly response records will be compiled and posted at each
station by the Fire Chief. Any regular member who fails to meet
the emergency response performance standards on a quarterly
basis will be subject to review for disciplinary action.
4.0 Day calls will be from 06:00 to 18:00. Night calls will be from
18:00 to 06:00. Weekend calls are from 18:00 hours Friday to
06:00 hours Monday with approval of Fire Chief.
Drills and Meetinqs
1.0 Night Responders - Drills and meeting will be held on Monday
evenings at the designated place and time. Day Responders -
Drills and meetings to be assigned by the Assistant Chief. Roll
call will be taken by the Training Officer at the beginning and at
the conclusion of each drill. Roll call will be taken by the
secretary at the end of each meeting. It is the individual
firefighter's responsibility to keep track of their attendance at
drills and meetings. Any firefighter arriving after first roll call or
leaving before final roll call will receive one-half (1/2) credit for
that drill.
2.0 All attendance records will be maintained by the Training Officers
and the department secretary. Any firefighter not maintaining a
66% attendance of drills per quarter, or who is habitually late, will
be reported to the Chief for review for disciplinary action.
3.0 All members are required to attend all mandatory drills.
4.0 In order for the member to be able to make up a missed drill, the
member must contact a chief officer or Training Officer in
advance of the missed drill. The training division will assign the
make-up drill.
Rules and Regulations Page 9 February, 2002
RESOLUTION NO. 2002-49
4.0 Any firefighter not attending at least one (1) meeting in a quarter
will be reported to the Fire Chief for disciplinary action.
Section VII Work Details
1.0 Truck checks will be scheduled on a yearly basis. To remain a
member in good standing you must attend 100% of the assigned
truck checks. If you are unable to attend an assigned date,
arrangements can be made with the respective officers, IF THEY
ARE NOTIFIED PRIOR TO THE TRUCK CHECK.
2.0 Special details will be posted at each station one (1) week prior.
Attendance will be taken at the work detail.
3.0 Attendance will be taken at all work details. To remain a
member in good standing, each member will participate in 50%.
of all work details.
4.0 Any firefighter having a conflict with missing work details will
contact their District Chief. It will be at the District Chiefs
discretion if and when a special work detail is needed.
Section VIII Divinq Personnel
Refer to Diving Personnel Manual.
ARTICLE III - COMMITTEES
There will be a Financial Planning/Audit Committee, and Examining/Recruiting
Committee, a Review Committee, a Selection Committee and a Fund Raising
Committee. The Chief will appoint from the regular members such other committees,
as he/she deems necessary. The department secretary will post at all fire stations a
current and accurate account of all standing committees.
Section I Financial Planninq/Audit Committee
1.0 It will be the duty of the Financial Planning/Audit Committee to
recommend plans for managing funds received by the Brooklyn
Center Volunteer Fire Department.
2.0 The Committee will set short and long range objectives and
recommend plans for achievement of the objectives.
3.0 Plans for achievement of short and long range objectives will be
presented to the membership at the regular meeting in January.
Financial reports relating to short-range objectives will be
Rules and Regulations Page 10 February, 2002
presented to the membership at least quarterly at regular
meetings.
4.0 The Committee will examine accounts of the treasurer at least
once each year and will present a report of the examination to
the membership at the regular meeting in January.
5.0 Membership of the Financial Planning/Audit Committee will
consist of five (5) regular members and the treasurer. Members
will be appointed by the Chief subject to approval of the
membership. Terms of office of the regular members will be
three (3) years and will expire in alternate years.
Section II Examininq Committee
1.0 The Examining Committee will consist of four (4) regular
members appointed by the Chief and they will serve until
removed.
2.0 The Examining Committee will administer all oral interviews and
such other job related tests as appropriate and report its findings
to the Chief per the Fire Department Ordinance.
Section III Selection Committee
1.0 It will be the duty of the Selection Committee to conduct officer
selections, determine the qualifications of the candidates, certify
results and interpret and decide any rules concerning the
selection process not clearly stated by the Bylaws or these Rules
and Regulations of the department.
2.0 The Selection Committee will consist of at least three (3) regular
members appointed by the Chief. The Chief will determine terms
of appointment.
Section IV Review Committee
Any regular or probationary member who fails to meet the minimum
requirements for drills, meetings, work details, truck checks, fundraisers
and quarterly emergency response percentages will be subject for
review by the Review Committee for possible disciplinary action.
1.0 It will be the duty of the Review Committee to review all regular
or probationary members submitted by the Fire Chief. The Fire
Chief will notify the Review Committee whenever a regular or
1
Rules and Regulations Page 11 February, 2002
RESOLUTION NO. 2002-49
probationary member is not maintaining minimum performance
standards.
2.0 The Review Committee will meet within 10 days following the
notification by the Fire Chief.
3.0 The Fire Chief will notify the member by mail when the Review
Committee has scheduled a meeting.
4.0 It is the member's responsibility to attend the scheduled meeting
and to present their reasons for the failure to meet minimum
performance standards.
5.0 The Review Committee will forward their recommendation for
disciplinary action, if any, to the Fire Chief. (The Review
Committee will use the established "Infraction of Rules and
Regulations, Length of Suspensions" as a guide and should not
impose a longer suspension than is recommended.)
6.0 Appeals of the Review Committee's recommendations will be
submitted to the Fire Chief who will consider and examine the
appeal in an attempt to resolve it. If the appeal is not resolved
with the Fire Chief, the Chief may refer it to the Assistant City
Manager for disposition. (As amended from Section 4.9
Grievance of the Personnel Rules and Regulations Part Time
Manual.)
7.0 The Review Committee will consist of no less than five (5)
regular members. The regular membership will elect the
members for two-year alternating terms. The Fire Chief is not
allowed to serve on the Review Committee.
Section V Fund Raisinq Committee
1.0 It will be the duty of the Fund Raising Committee to seek fund
raising activities beneficial to the Fire Department.
2.0 All regular and probationary members are expected to take an
active part and meet the minimum requirements as established
by the committee with the approval of the membership.
3.0 A committee consisting of four (4) members appointed by the
Chief, with the treasurer as an ex-officio member. The term will
be for two (2) years and such terms will expire in alternate years
and will be appointed at the January business meeting.
Rules and Regulations Page 12 February, 2002'
4.0 The committee will recommend possible fund raising activities to
be discussed and the selection made at the next business
meeting. The committee will also establish the rules and
procedures of the activities to be approved by the membership.
5.0 Disciplinary action to be taken for members not meeting the
minimum requirements will be conducted by the Chief.
6.0 The chairperson of fund raising activities will be appointed by the
Chief.
Section Vl Sunshine Fund (Flowers)
1.0 Flowers are ordered by the secretary.
2.0 Criteria for receiving flowers are:
a. Death of a firefighter or firefighter's spouse, child, parent,
sibling (also spouse's parents).
b. Sickness of firefighter or spouse.
c. Death of retired firefighter or spouse.
3.0 Notify department secretary or any officer of any events under
2.0.
ARTICLE IV - SELECTION OF OFFICERS
Section I Appointment Procedures
Fire Chief/Fire Marshal
Appointed by City Manager
Assistant Fire Chief
Appointed by Fire Chief
Confirmed by City Manager
All Other Line Officers
To include Captains and District Chiefs
Appointed by Fire Chief
No confirmation necessary
Training Officers
Assigned duty by Fire Chief
No confirmation necessary
Rules and Regulations Page 13 February, 2002
RESOLUTION NO. 2002-49
Inspectors
Assigned duty by Fire Chief
No confirmation necessary
Section II Selection Process
The selection process of line officers will be in accordance with the
following schedule:
Upon vacancy by the Chief, the Assistant Chief will meet with the City
Manager to initiate Chief replacement process.
September 15
Post application form for Assistant Chief.
1
November Business Meeting
Select Assistant Chief
November 15
Post application form for District Chief and Fire Captains
November 30
Remove posting for District Chief and Fire Captains
December Business Meeting
Select District Chief and Fire Captains
Section III Terms of Fire Officers
1.0 Fire Chief -
2.0 Assistant Chief - Four years
3.0 District Chief - Four years. District Chiefs will be selected on
alternating years.
4.0 Fire Captain - Two years. Fire Captains will be selected on
alternating years, one in each district.
Section IV Minimum Qualifications for Fire Officers
1.0 Fire Chief - Nine (9) years fire service experience includin, one
(1) term as Brooklyn Center Chief Officer.
Rules and Regulations
Page 14
February, 2002
a. Education: Associate degree in Fire Protection or
Management from an accredited college or university, or
equivalent combination of training and experience related
to the fire service.
b. Experience or training can include, but is not limited to,
courses in fire management and operation from the National
Fire Academy, field or campus courses, Hennepin County
Technical or Junior College courses in fire science or
management or Fire Staff and Command course offered by
University of Maryland or University of Cincinnati.
c. Ability to communicate clearly and concisely both orally and
in writing.
d. Ability to work effectively will all city departments and
related outside agencies.
e. Working knowledge of data processing systems.
2.0 Assistant Fire Chief
a. Must meet the requirements of Captain and District
Chief.
b. Must have served one term as officer for Brooklyn Center
Fire Department.
c. Fire Instructor
d. Experience in personnel management.
e. Post-secondary work in two of the following: fire
behavior, fire ground control, fire incident command,
fire department management, fire safety, building
construction, hazardous materials, fire investigation.
f. Computer knowledge.
3.0 District Chief
a. Must meet the minimum requirements of Captain.
b. Must have seven (7) years as a firefighter or officer.
c. Hazardous Materials Technician
Rules and Regulations Page 15 February, 2002
RESOLUTION NO. 2002-49
d. Fire Officer II course completion.
e. Incident Command Officer level
f. Fire investigation and computer knowledge
g. At least two (2) classes in the following areas at a
technical /community college or the National Fire
Academy: Leadership I and/or II, Fire Instructor I and/or
II, Human Resource Management, Fire Prevention,
Incident Management, writing and grammar course,
State of Minnesota MIMIS Course, Fire Inspector I and/or
II, Building Construction.
4.0 Captain
1
a. Minimum five (5) years as a firefighter.
b. Firefighter I State Certified.
c. Firefighter II State Certified.
d. Fire Officer I course completion
e. Completion of at least one of the following: incident
command system, commanding the initial response,
tactical operations or the equivalent training.
f. Ability to commit considerable time to the fire service.
g. 150 hours of outside classes not including Firefighter I or
ll. Not more than 40% of dive or high-level rescue hours
or more than 40 hours of EMT will count toward the
additional 150 hours of extra classes.
Section V Additional Oualifications for Officer Candidates
1.0 Captain
During their term as Captain it is required that a minimum of 20
hours of approved continuing education offered by the
technical/community college or the National Fire Academy in any
of the following courses: Incident Command, Fire Officer ll, Fire
lnstructor; Fire Inspector, Haz-Mat, Fire Investigation,
communication classes, or any course approved by the Assistant
Chief or Fire Chief be completed.
Rules and Regulations
Page 16
February, 2002
2.0 District Chief
During their term as District Chief it is required that a minimum of
40 hours of additional approved continuing education offered by
'the technical/community college or the National Fire Academy in
any of the following courses: Incident Command, Fire Officer II,
Fire Instructor, Fire Inspector, Haz-Mat, Fire Investigation,
communication classes, or any course approved by the Assistant
Chief or Fire Chief be completed.
3.0 Assistant Fire Chief
During their term as Assistant Fire Chief it is required that a
minimum of 40 hours of approved continuing education offered
by the technical/community college or the National Fire Academy
in one of the following courses: human relations, fire department
management, municipal budgeting/finance, writing and grammar,
advanced fire behavior, hazardous materials, construction/plan
review, or any course approved by the Fire Chief be completed.
4.0 Fire Chief
During their term as Fire Chief it is required that a minimum of 40
hours of approved continuing education offered by the
technical/community college or the National Fire Academy in one
of the following courses: human relations, fire department
management, municipal budgeting/finance, writing and grammar,
advanced fire behavior, hazardous materials, construction/plan
review, or any course approved be completed every four years.
Section VI Eligibility and Qualifications
The Selection Committee will verify the officer candidate's eligibility and
qualifications. The Selection Committee will also provide minimum
qualifications for nonline officer positions.
Section VII Variances
Variances may be granted by the Selection Committee upon application
and finding that extraordinary circumstances prevailed which prevents
an otherwise highly qualified candidate from qualifying.
Section VIII Process
The selection process will consist of a separate peer evaluation form for
each officer rank.
Section IX Peer Evaluation
The peer evaluation form will consist of a series of knowledge and
ability statements in which the evaluator will rank the candidate from a
value of one (1) to ten (10), one indicating the lowest profile and ten the
Rules and Regulations Page 17 February, 2002
RESOLUTION NO. 2002-49
highest. The evaluator, while ranking the candidates, will rank
according to the entire regular membership of the department.
Section X Results
Results of the peer evaluation for Assistant Chief, District Chief and Fire
Captain will be posted at both fire stations 24 hours after being
forwarded to the Fire Chief. Individual evaluation results will be made
available to a requesting candidate.
Section XI Appointments
Appointments by the Fire Chief will be posted at both fire stations 24
hours after approval by the City Manager, when required.
ARTICLE V - LEAVE OF ABSENCE/RESIGNATION
DISCIPLINARY ACTION/DISMISSAL
1
Section I Leave of Absence
1.0 Any regular member in good standing who requests a leave of
absence in writing from the Chief, when granted, will become a
social member.
2.0 A social member will be welcome to -attend any department
social event.
3.0 Leave of absence will not be granted for more than 90 days
during which time the membership must be held open. The 907
day leave may be extended in 30-day increments not to exceed
three (3) extensions by the Chief.
4.0 Each member will be allowed 36 days of excused leave time per
year. A member will record their use of this excused leave time
in the Station 1 "Signout Book."
Section II Seniority/Promotions
1.0 No seniority will be accumulated during the leave of absence, but
the regular member will maintain the same seniority upon
reinstatement as the member had at the time of resignation or
leave of absence.
2.0 A member will not be eligible for promotion for six (6) months
after returning from leave of absence or medical leave.
Rules and Regulations
Page 18
February, 2002
Action Training Systems Successful Fire Service Grant Narratives Page 9 of 13
Please describe in full the project that you are requesting to be funded.
The Pine Township Volunteer Fire Department will provide training to meet the
specific training requirements to prepare for NFPA 1001 and 1002 training for
30 firefighters in the department. We will provide 48 weekly training sessions for
30 firefighters during the year of the funding. Our goal is to have 100° o of our
volunteer firefighters certified to Indiana State Training Institute Standard and
the NFPA 1001-1002 during the year offundin.g.
Please provide a detailed description of your planned uses of the grant funds
for each major category as listed on the budget form (SF20-20).
Training
1. Action Training Systems :Package $1.4951.00 (Detailed description and price
quote attached)
5 Dell Dimension 8100 Computer. Interactive Workstations $10245.00 (:Detailed
description and price quote attached)
5 Hewlett Packard 952c Ink Jet Printers @ $199 each $995.00 ( Detailed
description and price quote attached.)
1 LP 350 Poitable PLP Projector $4139.00 ( Detailed description and price quote
attached)
Total $29335.00
Please explain why this program would be beneficial to your community
and/or your department.
Pine Township is a rural community with a population of 3651 according to the
latest census. The Township Volunteer Fire Department provides fire protection.
to the entire 26 square miles within Pine Township. Historically, the Pine
Township Volunteer Fire Department started in 1954 with 8 charter members.
The department grew to the maximum of 30 with a waiting list by April of 1998.
A Public relations and recruitment program ~ as initiated on March 15; 2001 to
reverse a trend that saw the department reduced to 10 members. As a result of
that positive public relations program, the Pine Township Fire Department now
has 30 dedicated firefighters with 222 years of
accumulative fire fighting experience who have logged 396 man hours of
training in the last 30 days. The fund from. this grant will be used enhance the
training inaterials and equipment to meet the training demands of the volunteers
http://www.action-training.com/nai-rative.html . 3/20/02
RESOLUTION NO. 2002-49
3.0 Promotion is defined as a change from present position.
Section III Medical Leave of Absence
1.0 Any member will be given a medical leave upon the advice and
recommendation of his/her doctor. This will be in writing by the
doctor stating the need and reason for the medical leave. This
will be given to the Chief and become part of the person's
personnel file. A medical leave will not exceed 6 months and all
time during this leave will count toward the person's pension time
on the fire department.
2.0 Upon returning from medical leave, a member will be evaluated
and approved by a Fire Department selected physician/clinic.
1
Section IV Disciplinary Guidelines and Procedures
1.0 Any regular or probationary member who fails to meet the
minimum requirements for drills, meetings, work details, truck
checks, fundraisers and quarterly emergency response
percentages will be subject to review by the Review Committee
for possible disciplinary action.
2.0 Any member not attaining minimum requirements for drills,
meetings, work details, fundraisers, and call performance will be
subject to 30-day suspension. (Reference Articles V & VII.)
3.0 Effective February 1, 1993, the following criteria will be used for
disciplinary action for any member failing to comply with
minimum attendance, and duty standards as set forth in the
Rules and Regulations of the Brooklyn Center Volunteer Fire
Department.
4.0 There is a zero tolerance for any alcohol, drugs or controlled
substance. This means that if you have used any of the above
mentioned items, you cannot respond to any calls, take duties or
attend drills.
This will apply equally to all members including officers.
Rules and Regulations
Page 99
February, 2002
Length of
Infraction of Rules and Regulations
Suspension
• Failure to attend assigned work details.
No more
than 30
days
• Failure to make quarterly response
No more
than 30
percentages
days
• Failure to make required drills
No more
than 30
days
• Failure to make required meetings
No more
than 30
days
• Failure to make fundraiser details (i.e. ,
No more
than 30
ticket mailing)
days
• Failure to show up for duty
No more
than 30
days
4.0 Conduct unbecoming a member of the Fire Department or failure
to follow our Rules and Regulations and City of Brooklyn Center
Personnel Rules and Regulations Part Time Manual will be
decided by the incident involving the firefighter.
Discipline other than as stated in Articles V and VII will be
according to the Personnel Rules and Regulations Part Time
Manual administered by the Fire Chief or, in his/her absence, by
the Assistant Fire Chief or designee. It will be the grieved
member's responsibility to notify the Chief in writing no more
than 10 days after being notified that he/she is going to appeal
their discipline according to the City of Brooklyn Center's
Personnel Rules and Regulations Part Time Manual.
5.0 Two (2) suspensions in a 12-month period will be grounds for
dismissal.
Section V Reinstatement
A member who has resigned in good standing may have the right to be
reinstated as a regular member in preference to any other candidate,
based upon seniority. Any member that has been absent for more than
12 months, will have to demonstrate they are State-certified and
proficient with all equipment.
ARTICLE VI - CHANGES
Changes to Article I through V of these Rules and Regulations will be by majority
vote of the regular membership.
Rules and Regulations Page 20 February, 2002
1
RESOLUTION NO. 2002-49
ARTICLE VII - OPERATING PROCEDURES
Section I Approval
Operating procedures will be determined by the officers, with approval
by the Chief.
Section II Extenuatinq Circumstances
Members must bear in mind that these operating procedures are
promulgated to take care of usual emergency conditions and may be
deviated from in case of unusual situations and life hazards where the
application of these rules would prove impractical.
Section III Revisions
Revisions to operating procedures will be promptly posted at both
stations and copies distributed to all members after entered into
department software.
Section IV General
All members of the department, irrespective of the departmental
divisions to which they are attached, or the duties which they perform,
will be subject to the following rules and regulations with the intent to
adhere to any and all local, state and federal requirements.
1.0 For the purpose of efficient service and discipline, members will
be subject to the orders of the Brooklyn Center Fire Department
officers.
2.0 Every member will notify the Chief of the department of his/her
inability to report for duty due to sickness or injury.
3.0 A member will record any absences from the city in the Station 1
"Signout Book." Each member will be allowed 36 days of
excused leave time per year.
4.0 No member will report for drills, duties, details or emergencies
under the influence of a controlled substance or intoxicating
liquor. In the event that probable cause exists, the member will
submit to an intoxilyzer and/or blood test. NOTE: CITY
POLICY.
5.0 Every member will immediately report to an officer any accident
or injury to him/herself, no matter how trivial, sustained while on
duty or at an emergency scene. The officer will fill out a First
Report of Injury Form that will be forwarded to the Chief of the
department on the next working day.
Rules and Regulations Page 21 February, 2002
6.0 Every member will be held responsible for the safekeeping and
proper care of all department property under his/her control.
7.0 Members will not divulge information relative to administration of
the department. Requests for information concerning the cause,
damage-, etc., of a fire will be referred to the Chief of the
department or, in his/her absence, the next senior officer.
8.0 Visitors to the station will be courteously received and escorted
through the quarters, if they so request, and routine procedures,
alarm system and practice explained.
9.0 All members of the department must abide by all traffic laws
when responding to the station to any alarm or other emergency.
10.0 Every member will, within seven (7) days, report to the
department secretary any change in address or telephone
number.
11.0 Every member, upon resignation or being dismissed from the
department, will promptly surrender all fire department property
in his/her possession to the Chief of the department. All fire
department identifications on personal vehicles will be removed.
12.0 No fire department apparatus or fire department equipment or
department property of any kind will be taken from the station for
personal use.
13.0 No one except members of the department will be allowed to ride
on the apparatus at any time without permission of the Chief of
the department.
14.0 In the event of an accident involving a fire apparatus, the
apparatus will remain at the accident scene. Notify the police
and ranking fire officer. Summon the necessary aid and also
secure names, addresses of any witnesses and other pertinent
information. All accidents will be reported to the Chief of the
department or other officer in charge in writing upon the return to
the fire station. All accidents will be investigated by the officers
of the fire department.
15.0 No member will drive any piece of 'apparatus to a fire or other
emergency unless the member is proficient in the operation of all
aspects of that apparatus.
Rules and Regulations Page 22 February, 2002
RESOLUTION NO. 2002-49
16.0 It is the rider's responsibility to assist and to direct the driver
while backing up the apparatus.
17.0 No member should respond to an emergency in their private
vehicle, unless in direct route when responding to the fire station
and property identified.
18.0 Only private passenger vehicles owned by a member or
immediate family members will be allowed in the stations - minor
repairs are permissible. A fire department member must be
present in the immediate work area. It is required that the repair
area and tools must be clean after usage.
19.0 Cars, pickups and other personal recreational items will not be
left for more than 24 hours in the stations; keys for vehicle will
remain in the ignition.
20.0 No spray painting will be allowed in the fire stations.
21.0 Duty crew will have priority for use of the stalls at Station 1.
22.0 All fire trucks and other emergency vehicles will be refueled (at
3/4) after every call as needed.
23.0 Use of stations by outside groups will allowed only with
permission of Fire Chief.
24.0 The °Q" siren on all equipment equipped with it will be the
primary alerting device used during emergency runs, along with
electronic siren.
25.0 Turnout gear will be taken to station drills and all department
functions.
26.0 Every member will participate in all required fire department
training and examinations (i.e. First Responder recertification,
SCBA training and fitting, etc.). Any member not completing said
required training or exams will forfeit any and all salaries and
duties and will be subject to discipline until completion of same.
27.0 In the event of a "call" while training reserve or probationary
personnel, the apparatus will immediately return to the closest
station unless otherwise directed by a chief officer.
Rules and Regulations Page 23 February, 2002
Section V Dutv Rules
1.0 It will be the responsibility of the regular members to be present
at their assigned station duties or have another regular member
represent them.
2.0 Dates and times of assigned duties are printed by the
department secretary and are available to each regular member.
3.0 Responsibilities of duty personnel are as follows:
a. Take proper action in all emergencies.
b. Perform nightly truck checks including all assignments at
bottom of form.
C. Wear duty uniforms while on duty or proper turnout gear
when responding to emergencies.
d. Perform other duties as ordered by a chief officer.
e. Duties will be pulled at Station 1 unless cleared with chief
officer.
f. Duty crew will not leave station except for fuel or fire
department functions without permission of chief officer.
g. Sunday through Thursday night duties will be from 8:00 p.m.
until a minimum of 5:30 a.m. the next morning.
h. As a courtesy, each member is reminded of their duty by
telephone from the people on duty.
4.0 A member's guest will not be in attendance at the station while
the member is on duty unless prior permission has been
obtained the other member on duty.
Section VI Uniforms
1.0 The duty uniform will consist of the department issued shirt and
pants. In addition, member furnished black shoes, socks or
boots will be worn. The duty uniform will be kept neat and clean.
2.0 The fire department blue t-shirt or sweatshirt may be worn in lieu
of the uniform shirt on duty or responding to a fire call. These
shirts must be in good condition (i.e. not in faded condition or
have any holes, tears, etc.).
3.0 It is mandatory the yellow rescue jacket be worn when
responding to the scene of a medical emergency when not in
uniform.
Rules and Regulations Page 24 February, 2002
RESOLUTION NO. 2002-49
4.0 ' The dress uniform will be worn for special details. This uniform
will consist of the department issued dress shirt, pant, tie, belt,
badges and hat.
Section VI1 Safety Requlations (pages 6-8 SDP's)
1.0 Equipment will respond in the sequence required for various
types of alarms (attached) unless otherwise directed by an
officer.
2.0 Radio procedures (attached) will be followed.
3.0 Seating assignments (attached) will be followed.
4.0 Two (2) districts are designated. Shingle Creek is the dividing
line.
5.0 The District Chief will normally be the Fire Ground Commander
(FGC) in his/her district.
6.0 Mutual aid will be requested by the FGC. Mutual aid fireground
procedures will be adhered to (attached). (Appendix C)
1
7.0 Crews will stay with their apparatus until assigned.
8.0 Interior attack line will be manned by a minimum of a two (2)
person attack crew. A backup line will be put in service as soon
as possible with a two person crew in SCBA (self contained
breathing apparatus) outside for backup.
8.5 Accountability system will be used.
9.0 All apparatus will use wheel chocks when parked on a grade.
10.0 Fire reports are the responsibility of the fireground commander.
Respective District Chiefs or Station Captains will review and
sign all fire reports before they are put in the report box.
11.0 Fireground will remain secured until FGC returns control to
owner.
12.0 Mutual aid units will be staged until assigned by FGC.
13.0 First unit on scene will give an initial report on radio, i.e. "Smoke
showing, laying line," etc.
Rules and Regulations
Page 25
February, 2002
14.0 Orders relative to the need, placement or cancellation of
equipment or firefighters at the scene of an emergency will be
transmitted only by the fireground commander or his/her
designee.
15.0 Fireground commander will provide periodic progress reports
and announce "fire under control" at any structure fire.
16.0 When an officer issues an order, being fully aware that such
order is in conflict with a previous order, the officer will be held
accountable for any harmful results that may ensue from the
interference with the execution of the previous order.
17.0 No member will leave a scene or the station during an alarm
unless receiving permission of the officer or senior firefighter in
charge.
18.0 In the event of any suspicion of incediarism at a fire, the
fireground commander will immediately summon the fire chief or
his/her representative. Under no circumstances will the
premises be left unguarded until the arrival of the fire chief or
his/her staff.
19.0 No person other than duly authorized persons will be permitted
to enter a building in which fire has occurred and where the
department is still in charge without permission of the fireground
commander. If permission is granted, the fireground commander
will direct a member to accompany the person who so desires
admittance and such member will remain with that person until
he/she leaves the building.
20.0 Any reported loss of personal property at a fire will be
immediately brought to the attention of the fireground
commander. He/she will initiate an attempt to recover the
missing property and if the property is not located, he/she will
forward a report of estimated value and description to the fire
chief.
Should any discrepancy be claimed in articles of value returned
to the owner, the fireground commander will investigate the
circumstances and report his/her findings to the chief of the
department.
Rules and Regulations Page 26 February, 2002