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HomeMy WebLinkAbout1957-15 02-26 CCO ���� IPW iND PERSONNEL AN ORDINANCE TO ESTABLISH A BASIC PERSOWL POLICY FOR THE VJLLt�GE OF BROOKLYN CENTER, MINNESOTA, Section 17- 101.. PURPOSE OF THE ORDINANCE. It shall be the purpose of this ordinance to establish a uniform and equitable system of municipal personnel administration for all employees of the Village of Brooklyn Center, Section 17 -102, DEFINITIONS. "Permanent Employee' shall mean an employee who has completed his probationary period and who serves in a posi- tion which is provided in the budget on a permanent basis. "Temporary Employee" shall mean an employee who has not acquired the status of a employee., and shall include aay person who is engaged in parttime, seasonal or casual employment and who is compensated on an hour - ly or monthly basis. "Benefits" mean privileges granted to an employee in the form of vacation legve sick leave., overtime allowance, holidays military leave,mili- tary induction pay or pay received in lieu of accrued leave upon termination of employment. "Budget Time" means that period during which budget requirements for the following fiscal year are estimated., considered and adopted according to law. "Fiscal Years" shall be January 1 to December 31 inclusive. "Appointing Authoritytf shall mean the Village Administrative Officer,, Section 17 -103, POSITIONS COVERED BY THIS ORDINANCE, all offices and positions in the municipal employ now existing or hereafter created shall be subject to the provisions of this ordinance, except that: l The following offices and positions shall be wholly exempt from the provisions of this ordinance: a, Officials elected by the people. b, Members of boards and commissions. c• The Village Engineer.. Village Administrative Officer Village .attorney Liquor Store Manager., and Fire Department Members. 24 Those employees who are subject to the provisions of Civil Service Statutes and ordinance shall be exempt from those provisions of this ordinance which are inconsistent with Civil Service Provisions and law. Section 17-104., APPOINTMENT PROCEDURE. All appointments in the munici- pal service shall be made according to merit and fitness. A. By Examination. When required by law or the appointing authorityp merit and fitness may be ascertained by written, oral or other exami- nations and shall relate to those matters which will test fairly the capacity and fitness of the candidate to discharge efficiently the duties of the position for which such examinations are held. B. Without Examination. In case of appointment to positions for which examinations are not required, the appointing authority may appoint any person who appears to meet the requirements listed in the class specifications and whom the appointing authority deems qualified to perform the duties of the position. C. Relationship to Other Village Personnel and Residence, Whenever possible and with due regard for merit and fitness,, the appointing authority shall avoid the appointment of any person when such person is related to any elected or appointed officer or employee of the Village. A person shall be regarded as "related" as used in this paragraph if such person is a brother, sister.. spouse., the lineal ancestor or descendant of the prospective employee, or the husband or wife of any such brother sister, ancestor or descendant, or the first cousin,, or the spouse of the first cousin of the prospective employee. Any employee of the Police or Fire Department shall become a resi- dent of the Village within one year after his original appointment and shall remain a resident of this Village thereafter during such employment. Section 17 -105. PROMOTION FROM WITHIN THE SERVICE. It shall be the policy to fill vacancies in the municipal service by promotion of permanent employees insofar as practicable.. to post notice of intent to fill such vacancies for five (5) days., and in case of equal qualifications to give consideration to length of service. Section 17 -106., PROBiiTIONaRY PERIOD, A, Purpose. The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely ob- servicing the employeets work for securing the most effective adjust- ment of the employee to this position and for rejecting any employee whose performance does not meet the required work standards. B. Duration rill original appointments shall be probationary and subject to a probationary period of six (6) months service after appointment. 11t any time during the probationary period an employee may be transferred or dismissed if his performance does not meet the required standards+ An employee who shall not have completed six (6) months of full -time service as of the effective date of this ordinance shall receive credit for such full -time service as they have performed in fulfilling the probationary period require- ment. G. Applies to Promotions. iill promotions shall be subject to a probationary period of six (6) months. If the employee who has been promoted is found unsuited for the work of the class of position to which promoted, he may be reinstated to the position and rate of pay or other position in the class from which he was promoted. D. iiffects Leave Benefits. During the initial probationary period, but not dur a promotional probationary period. an employee will not be entitled to sick leave vacation leave. After six 6 months • i 1 eor a.nl ( ) of service an employee will be entitled to sick leave and vacation leave, the sick leave and vacation leave to be accrued from the start of the probationary employment. E. How Completed. An employee who has completed six (6) months of probationary service and who has not received before completion of six (6) months service a written notice from the appointing authority that his services are terminated shall be considered to have success- fully completed the probationary period and shall automatically re- ceive status as a permanent employee. Section 17 -107„ PROVISIOM2 APPOINTMENTS {�. When made. If necessary to prevent the stoppage of public busi- ness or inconvenience to the public, but not otherwise, the Village .,.dministrative Officer may make a provisional appointment to a posi- tion in a class for which examinations are ordinarily given and for which appropriate employment lists are not then available. B. Termination. is provisional appointment shall terminate: a By - action of the Village administrative Officer; or b. By expiration of the period during which any such appoint - ment is limited by Civil Service or any other law; or c. By the effective date of a regular appointment to the position. C. Benefits. No benefits shall be given for service rendered under a provisional appointment unless said provisional appointee shall at the time of the provisional appointment be a permanent employee in another capacity. Section 17 -108., POSITION CLASSIFTCi,TION PLi►N. The Village Council may, at its discretion. establish and maintain a position - classification plan for all or some of the positions covered by the provisions of this ordinance. If such plan is adopted, it shall group all positions covered therein accord- ing to the difficulty and responsibility of each position the nature of the work and skill required to perform it, and experience and training necessary to perform such work. Such plan shall be reviewed from time to time by the Village Council. Section 17 -109. COMPENS.LTION. All employees of the Village of Brooklyn Center shall be compensated according to the wages or salaries estab- lished annually by the Village Council. Provided, however, that the Village Council may change or modify any wages or salary of any employee at any time that it deems it necessary in the interest of good personnel administration. Any wage or salary so established shall represent the total remunera- tion for full -time employment, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the appointing authority, no em- ployee shall receive pay from the municipality in addition to the salary authorized for any position or positions to which he has been appointed. This shall not operate to prevent employees from working in more than one position when authorized by the Village Administrative Officer. Section 17 -110. WORK WEEK AND WORK DAYS. Except for employees in the Fire Department, Police Department m d Liquor Store, the regular work week shall be forty (40) hours, Monday through Friday, and the regular day shall be eight working hours. Section 17 -111. FULL TIME SERVICE. By full time service is meant work for that number of hours which make up the regularly scheduled weekly or monthly period of service in the class, exclusive of leave with pay. Section 17 -112. PAY FOR TEMPOR1iRY EMPLOYMENT. A. Pro -Rata Basis. Whenever an employee works for a period of less than the regularly established number of hours a day, days a week or weeks a month the amount paid shall bear the same relationship to the full time rate for the class as the time actually worked bears to the time required for full -time service. B. Benefits, Persons whose employment is temporary shall not be entitled to sick leave and vacation leave, Section 17 -113. HOURLY AND DAILY RATES A. When Used. Upon approval of the Village Administrative Officer, employees in specified classes may be compensated at hourly or daily rates of pay when conditions of employment warrant such action. B. How Determined. Such hourly rate shall be determined by dividing the monthly rate by 4 -1/3 times the number of hours regularly worked by employees of the class in a week, The daily rate shall be deter- mined by dividing the monthly rate by 4 -1/3 times the number of days regularly worked by employees of a class in a week. Section 17 -114, PhY RTES IN TFLNSFF2 PROMOTION OR DEMOTIONS; If an employee is transferred, promoted or demoted, his rate of pay shall be reviewed by the Village Council and reestablished at a different level if deemed necessary or desirable by the Village Council. Section 17 -115, OVER -TIME PAYMENT. Authorized over -time work performed by persons other than the Village administrative Officer, department and division heads, shall be compensated for at one and one -half times their regular rate of pay. Section 17 -116, V�XATION LF1,VE. !1. How Much. Each permanent employee shall earn vacation leave at the rate of 5/6 of one working day for each calendar month of full -time service or major fraction thereof. B. When Taken. Vacation leave may be used as earned, provided that the Village Administrative Officer shall approve the time at which the vacation leave may.oe taken. No employee shall be allowed vaca- tion leave until after * completion of the initial probationary period, . C. Accrual. Employees may accrue vacation leave to a maximum of fifteen (15) working days. In the event an employee has been unable to take advantage of vacation leave as earned, with the result that said employee has accumulated a total of fifteen (15) working days vacation, he may absent himself from work with notice to take vacation leave and thus prevent the loss of vacation leave beyond the maximum of fifteen (15) days. D. Terminal Leave. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employ- ment shall be compensated for vacation leave accrued and unused to the date of separation. E. Waiving Vacation Prohibited. As vacation leave is granted to employees for a period of recreation, no such employee shall be per- mitted to waive such leave for the purpose of receiving double pay. Section 17 -117, SICK L&,VE. A. Eligibility. Sick leave with pay shall be granted to all probation- ary and permanent employees at the rate of one (1) working day for each calendar month of full time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use until satisfactory completion of the initial (not promotional) probationary period. B. Accrual. Sicl leave may be granted only for absence from duty because of personal illness, legal quarantine, or death or serious illness in the immediate family. Sick leave shall be computed on a calendar year basis and may be accumulated to a total of not more than 100 days. Workmen's Compensation benefits shall be credited against the compensation due an employee during sick leave. C. Proof Required. In order to be eligible for sick leave with pay an employee must: 1. Report promptly to his department head the reason for his absence. 2, Keep his department head informed of his condition, if the gbsence is of more than three (3) days duration. 3. Submit a medical certificate for any absence exceeding three (3) days if required by the Village administrative Officer. D. Penalty. Claiming sick leave when physically fit, except as permitted in this section may be cause for disciplinary action, including transfer, suspension, demotion or dismissal. • E. to Terminal Sick Leave. No sick leave benefits of any kind shall be granted upon termination of employment. Section 17.118, ACCRUAL DURING LEAVE. Employees using earned vaca- tion leave or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave or sick leave. Section 17 -119. HILIT.LRY L&XE. i.11 municipal employees who: 1* tyre members of the National Guard 29 t'Xe members of the Officer ►s Reserve Corpos of the United States of America or of the Enlisted Reserve, 3. Shall be subjected to call or induction into Federal Service by the President of the United States, or when ordered by proper authority to active non-civilian duty, shall be entitled to a leave of absence for the period of such active service without loss of status and if such employee shall have been in the full -time service of the municipality for at least six 5(6) months immediately preceding call to service, he shall receive the difference between his regular munici- pal pay and the lesser military pay for a period of fifteen (15) days of such military leave in the case of Reserves of National Guard personnel and full pay for fifteen (15) days in the case of active military duty of prolonged duration. Section 17 -120. LE1'XE OF .ABSENCE WITHOUT P.Y. A. Upon request of an officer or employee, leave of absence with- out pay may be granted by the Village Administrative Officer taking into consideration good conduct, length of service, and efficiency of the employee and the general good of the municipal service. Such leave of absence shall not exceed a period of ninety (90) days pro- ' vided that the same may be extended beyond such period if the leave of absence is for continued disability or other good and sufficient reasons, but in no case to exceed one (1) year except when the employee is detailed for military service or is disabled for disability incurred while in the service of the Village. No vacation or sick leave bene- fits shall accrue during a period of leave of absence without pay. B. Jury Duty. In the case of jury duty or subpoena for witness in court, however an employee shall receive :an amount of compen- sation which will equal the difference between the employee's regu- lar pay ark. compensation paid for jury duty or witness fee;, C. Approval Required. Leave without p, shall require the advance approval of the department head and the Village "dministrative Officer. Section 17 -121, REST PERIODS <liD HOLI ,JS. A. All regular employees when working under conditions where the use of a break period is practicable shall be granted a fifteen (15) minute break period in the forenoon and a fifteen (15) minute break period in the afternoon of each work day. B. The following legal holidays will be observed as paid holidays for Village employees: New Year's Day Lincoln's Birthday • Washington's Birthday Good Friday Memorial Day Independence Day Columbus Day Labor Day rsrmistice Day Thanksgiving Day Christmas Day When New Year's Day, Memorial Day, Independence Day., or Christmas Day fall on Sunday, the following day shall be observed as a holiday. All employees who are required to be on duty on any holiday shall be paid time and one -half for the hours worked in addition to the holiday pay. Section 17 -122, RESIGN.,TInN. tiny employee wishing to leave the municipal service in good standing shall file with his department head at least fourteen (14) days before leaving a written resignation stating the effective date of the resignation and the reason for leaving. Failure to comply with this procedure may be considered cause of denying such employee future employment by the municipality and denying terminal 3e ave benefits. Unauthorized absence from work for a period of three working days. may be considered by the department head as a resignation without benefits. Section 17 -123. GRIEV,;NCE POLICY. It is the policy of the Village insofar as possible to prevent occurrence of grievances and to deal promptly with those which occur. When any grievance comes or is directed to the attention of any supervisory employee of the Village, the supervisor shall promptly discuss all relevant circumstances with the employee and his repre- sentative if he so desires, consider and examine the cause of the grievance and attempt to resolve it to the extent that he possesses authority. Failing at that level, the grievance may be carried up to higher authority to and including the Village administrative Officer. ; Section 17 -124. IiiY -OFFS. The appointing authority 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 organi- zation provided, however, that two (2) weeks advance written notice shall be given, However, no permanent employee shall be laid off while there are temporary, provisional or probationary employees serving in the same class of positions for which the permanent employee is qualified, eligible and avail- able. Length of service in the same position class may be given consideration, • Section 17 -125,. SUSPENSION. The appointing authority may suspend an employee without ay for disciplinary reasons. Such suspensions shall not exceed thirty (30� days in any one calendar year. • Section 17 -126. DEMOTIONS. ;in employee may be demoted by the appoint - ing authority for inefficient performance of his duty for disciplinary reasons or for good and sufficient reasons. Section 17 -127. DISMISSAL. my officer or employee subject to the . provisions of this ordinance may be dismissed from the municipal service by the Village ,dministrative Officer. Evidence of the following shall be suffi- cient cause for dismissal: 1. Incompetence or inefficiency in the performance of his duties. 2. Conviction of a criminal offense or a misdemeanor involving moral turpitude. 3. Violation of any lawful or official regulation or order or failure to obey any lawful direction made and given by his superior officer where such violation or failure to obey amounts to an act of insubordination or a breach of proper discipline or has resulted or reasonable might be expected to result in loss or injury to the municipality or to the public. 49' Intoxication on duty. 5. Contraction of an infectious disease,;; 6 0 Physical or mental defect which in the judgment of the appointing authority incapacitates the employee for the proper performance of the duties of his position.. !in examination by a licensed medical doctor may be required. • 70 Wanton use of offensive conduct or language toward the public or municipal officers or employees„ 8. Failure to pay or make reasonable provisions for future pay- ment of just debts due or owing by him causing thereby annoy- ance to officers and employees of the municipality„ 9. Carelessness and negligence in the handling or control of municipal property. 10. Inducing or attempting to induce an officer or employee of the municipality to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order. 11. Taking any fee, gift or other valuable thing in the course of his work or in connection with it from any citizen for his personal use, when such gift, fee or other thing, is given in the hope or expectation of receiving a favor or . better treatment than that accorded other citizens. 12, Conduct in private life which brings discredit upon the munici- pal service, • 134 Proven dishonesty in the performance of his duties, 14. Violations of the provisions of this ordinance: Section 17 -128. RIGHT TO aPPK:,L. In all cases of suspension, demotion and dismissal the reasons for such action must be presented in a dated written statement to the employee affected. Upon the employees dated written request to the Village administrative Officer filed within five (5) working days of receipt of the statement of reasons, an employee shall be granted a hearing • before the Village administrative Officer, said hearing to be held not later than ten (10) days from the date of filing of a request for hearing. Section 17 -129, PROHIBITIONS. No person shall wilfully or corruptly make any � s false statement certificate mark rating or report in regard to any d the mu nicipal personnel test certificate or app ointment held or made under PP P P system or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this ordinance. No person seeking employment to or promotion in the municipal service shall either directly or indirectly give, render, or pay any money, service or other valuable consideration to any person, for or on account of or in connection with promotion or proposed promotion. Section 17 -130. POLITIC.4.L ACTIVITY. No employee shall seek or accept election, nomination or appointment as an officer of a political club or organi- zation which is taking an active part in a municipal political campaign, except on behalf of his own candidacy, nor shall an employee serve as a member of a committee of such club or organization nor seek signatures to any petition pro- vided by law, nor act as a worker at the polls, nor distribute badges or pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or for nomination to a municipal public office. However, this section shall not be construed to prevent any employee from becoming or continuing to be a member of a political club or organization or from attendance at a political meeting or from enjoying entire freedom from • all interference in casting his vote or from seeking or accepting election or appointment to public office. Any employee who shall become a candidate for any elective public office, except constable, shall automatically receive a leave of absence without pay and shall perform no duties connected with the position held by him until he is no longer a candidate, However, if the needs of the municipal service require, the vacancy created by his absence may be filled and his services terminated. Section 17 -131, EMPLOYEES' ADVISORY BO.,RD. There shall be established and maintained an Employees' advisory Board to serve in an advisory capacity in the formulation of personnel policy and administration of the personnel program and in the consideration of any matter affecting the quality of service of the municipal departments. Such board may investigate consider and report or make recommendations on personnel matters. A. Make —up and Selection, The Employees' Advisory Board shall consist of: 1. Three employees subject to the provisions of this ordinance elected by the employees subject to the provisions of this ordinance. 2. The Village Administrative Officer and one Councilman to be reelected by a majority of the Council at the first meeting • of each January. Members shall be selected during the month of January to take office the following February 1. It shall be the duty of the Village Clerk to arrange for necessary elec- tions and to notify the Council when vacancies occur which must be filled from the Council. Provisions shall be made so that no two of the elected members shall be from the same department provided, however, that no elected member shall be precluded from completing his term on the Employees' advisory Board because of transfer or promotion. B. Term of Office of Employee Members. Each of the elected employee members shall serve three years. There shall be no re- election for consecutive terms, but persons who have been off the Employees' Advisory Board for one year shall then be eligible for re- election. C. Vacancies. In case of a vacancy among the elected members a new member shall be chosen by the two remaining elected members to replace the elected member, if the unexpired term is less than on& year, If the unexpired term is more than one year, the vacancy shall be filled by a special employee election. D. The function of the tmployeest kdvisory Board shall be solely advisory and no member shall have or attempt to exercise any administrative authority beyond that of his regulex position. Section 17 -132. iMEi NDMENTS. This ordinance may be amended upon four - fifths vote of the entire Council. Section 17-133, REPE, -,L. The provisions of Chapter 17 of the Village Ordinances are hereby repealed and this ordinance shall hereafter be known as Chapter 17 of the Village Ordinances and the Sections of this ordinance num- bered therein as herein designated. Section 17-1344 EFFECTIVE DATE. This ordinance shall be effective from and after its passage and publication. adopted by the Village Council of the Village of Brooklyn enter, Minnesota this 26th day of February, 1957. William N. Super Mayor Attest: • H. R. Jones d i.0 Clerk (Seal) •