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HomeMy WebLinkAbout1966 12-05 CCM Special Session Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota December 5, 1966 The Village Council met in special session and was called to order by Mayor Philip Cohen at 7 :35 P. M. Roll Call: Mayor Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard were present. Also present were: D. G. Poss, T. L. Hadd, P. W. Holmlund, Roger Van House, James Johnston, Charles Van Eeckhout and Thomas O'Hehir. The invocation was offered by the Reverend Merle E. Christensen of the Brooklyn Center Free Church. Motion by Howard Heck and seconded by John Leary to approve the minutes of the November 28, 1966 Council meeting as recorded. Motion carried unanimously. Motion by Earl Simons and seconded by Theodore Willard to approve the minutes of the November 30, 1966 Council meeting as recorded. Voting in favor of the motion: Philip Cohen, Earl Simons and Theodore Willard. Not voting: Howard Heck and John Leary. Motion carried. Motion by John Leary and seconded by Howard Heck to approve the minutes of the December 2, 1966 Council meeting as recorded. Voting in favor of the motion: Philip Cohen, John Leary, Earl Simons and Howard Heck. Not voting: Theodore Willard. Motion carried. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -318 RESOLUTION AUTHORIZING REAPPORTIONMENT OF SPECIAL ASSESSMENTS AND DIRECTING THE COUNTY AUDITOR TO CANCEL A PORTION THEREOF - RE: LOTS 18 & 19, AUDITOR'S SUBDIVISION NO. 310 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -319 RESOLUTION APPROPRIATING FUNDS FOR THE ACQUISITION OF OPEN SPACE LAMS The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being ,taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: -1- RESOLUTION NO. 66 -320 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE VILLAGE OPEN -SPACE APPLICATION The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council then considered Application No. 66083 submitted by Brooklyn Center Industrial Park, Inc., said application being a request for rezoning of certain parcels in the Earle Brown Farm area from I -2 (Industrial Park) to B -3 (General Business). After due consideration of the Planning Commission's recommendation relative to the subject application, the Mayor called upon representatives of the applicant and interested parties in attendance for comment. After consideration of all comments offered in behalf of the application, and following an extended review of the tentative development plans, member John Leary moved and Howard Heck seconded to approve Application No. 66083 submitted by Brooklyn Center Industrial Park, Inc., and to rezone from I -1 to B -3 the properties located north and west of Trunk Highway # 100, south of 61st Avenue extended and east of Shingle Creek, and further moved that the Council finds that such rezoning is in the best interests of the Village and does not seriously deviate from the planning concepts con - tained in the Village's comprehensive plan. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to accept the recommendation of the Village Administrator and Director of Public Works and release the subdivision bond in the amount of $5,900..00, posted in guarantee of the improvements in Northbrook Terrace Addition. Motion carried unanimously. Motion by Earl Simons and seconded by Howard Heck to accept the recommendation of the Village Administrator and appoint Mr. James Shirey to the position of Police Stenographer effective 12- 10 -66, at a salary of $523.00 per month. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to accept the recommendation of the Village Administrator and appoint the following listed persons as temporary Hockey Supervisors in the Park and Recreation Depart- ment at a salary of $5.00 per hour,, said appointments to be effective 12 -5 -66 and to expire 2- 28 -67: John Skala Gerald Olson Charles White Donald Pascoe Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -321 RESOLUTION SETTT G WAGES AND SA RTES FOR THE YEAR 1967 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, Howard Heck, John Leary and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -2- r Member Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -322 RESOLUTION SETTING &TAMS OF EI,CTED OFpjCIALS The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, john Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by john Leary and seconded by Earl Simons to amend the 1966 General Fund Budget in the following manner: Increase Account # 401 -10 (Mayor and Council Personal Service) in the amount of $300.00; Decrease Account # 401 -48 (Mayor and Council Contingency) In the .amount of $300.00. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to amend the 1966 General Fund . Budget in the following manner: Increase Account # 4071 -13 (Charter Commission Professional and Consultants Fees) in the amount of $1,152.00; Decrease Account # 401 -48 (Mayor and Council Contingency) In the amount of $1,152.00. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to amend the 1966 General Fund Budget in the following manner: Increase Account # 4054 -51 (Accounting and Internal Audit Capital Outlay) in the amount of $700.00; e ase D cre Account # 401 -48 Ma or and Council Contingency) ( Y 9 ncY) in the amount of $700.00. Motion carried unanimously. Motion by Earl Simons and seconded by Howard Heck to amend the 1966 General Fund Budget in the following manner: Increase Account # 4051 -21 (Administrative Office - Printing & Publishing) in the amount of $1, 917.00; Decrease Account # 401 -48 (Mayor and Council Contingency) in the amount of $1,917. 00. Motion carried unanimously. Member Howard Heck introduced the following ordinance amendment, moved its adoption, and further moved that for the purposes of the minutes of the proceedings of the Village Council, the text of the ordinance shall be attached to the minutes and be a part thereof: CHAPTER 17 - PUBLIC EMPLOYEES AND PERSONNEL AN ORDINANCE ESTABLISHING A BASIC PERSONNEL POLICY FOR TIZ CITY OF BROOKE g&=R MIN -3- The motion for the adoption of the foregoing ordinance amendment was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance amendment was declared duly passed and adopted. The bills having been audited, Earl Simons moved and Theodore Willard seconded to order paid the bills set forth in the schedule dated December 5, 1966, and filed in the permanent record book. Motion carried unanimously. Motion by Earl Simons and seconded by Howard Heck to adjourn. Motion carried unanimously. The Village Council adjourned at 11 :50 P.M. Mayor Clerk -4- CHAPTER 17 PUBLIC EMPLOYEES AND PERSONNEL AN ORDINANCE ESTABLISHING A BASIC PERSONNEL POLICY FOR THE CITY 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 City of Brooklyn Center. It is hereby declared to be the policy of the City that: 1 Employment in the City service shall be based on merit and fitness, free of personal, political, religious, and racial considerations, 2. Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. 3. Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 4. Good employee morale be promoted by consideration of the rights and interests of employees consistent with the best interest of the public and the City. 5. Tenure of employees shall be subject to good behavior, the satisfactory performance of work, the necessity for the performance of work, and the availability of funds, Section 17 -102 DEFINITIONS. For the purposes of this ordinance, the following !definitions will apply: 1. Permanent Employee an employee who has completed his Probationary period and who has been appointed to serve on a permanent full time or part time basis in a position provided in the budget on a permanent basis, 2. _Temoorary employee: an employee who has not acquired the status of a permanent employee, and shall include any person who is engaged in seasonal or casual employment and who is compensated on an hourly or monthly basis. 3. Benefits privileges granted to an employee in the form of vacation leave, sick leave, overtime allowance, holidays, military leave, military induction pay, or pay received in lieu of accrued leave upon termination of employment. 4. Budget time; that period during which budget requirements for the following fiscal year are estimated, considered and adopted according to law. 5. Fiscal January 1 to December 31, inclusive. Se29o0 17 -103 POSItIONS COVERED By T6 OkDINANCE. All offices and positions in the municipal employ, now existing or hereafter created shall be subject to the provisions of this ordinance, eXc6pt that; 1. 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. Volunteer members of the Fire Department. d. City Manager. e City Attorney 2. The City Assessor and Deputy City Assessor shall not be entitled to benefits described in Section 17 -102, subsection 3. 3. Employees subject to the provisions of Civil Service Statutes and ordinances 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 to positions in the municipal service shall be made by the City Manager according to merit and fitness, consistent with the provisions of the City Charter. The City Ylana4er shall be appointed by the City Council according to the provisions of the City Charter. 1. By ExaminaUon When required by law, merit and fitness may be ascertained by written, oral or other examinations and shall relate to those matters which will test fairly the capacity and fitness of candidates to discharge efficiently the duties of the positions for which such examinations are held. 2. Without Examination In case of appointment to positions for which examinations are not required by law, the City Manager may appoint any persons who meet the requirements listed in the class specifications and whom the City Manager deems qualified to perform the duties of the positions. 3. Relationship to 91ha City Personnel. Whenever possible, and with due regard for merit and fitness, the City Manager shall avoid the appointment of any person when such person is related to any elected or appointed officer or employee of the City, (In the application of this policy, a person shall be regarded as related 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.) 4. Residency RegU red Any officer of the Police Department shall become a resident of the City within eighteen months after the original ,appointment and shall remain a resident of this City thereafter during such employment. Secbion 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 days; and, in case of equal qualifications,, to give consideration to length of service. Section 17 -106 PROBATIONARY PERIOD. 1. Pw Tose . The probationary period shall be regarded as an integral part of the examination process and shall be utilized for: a. Closely observing employees' work. b. Securing the most effective adjustment of employees to their positions. c. Rejecting employees whose performances do not meet required work standards 2. Duration All original appointments shall be probationary. Police Patrolmen shall be subject to a probationary period of 12 months of service after appointment. All other employees shall be subject to a probationary period of 6 months service after appointment. At any time during the probationary period employees may be transferred or dismissed if their performances do not meet the requirements farthe position as defined by the City Manager. Employees who shall not have completed six months of full time service as of the effective date of this ordiAance shall receive credit for such full time service as they have performed in fulfilling the probationary period requirement, 3. ,Applies to Promotions Promoticn shall be subject to a probationary' period of six months. If employees who have been promoted are found unsuited for the work of the classes or positions to which promoted, they may be rein- stated to the positions and rates of pay or other positions in the classes from which they were promoted. 4. Affects Leave Benefits . During the initial probationary period, but not during a promotional probationary period, employees will not be entitled to sick leave or vacation leave during the first six months of service. After six months of service employees 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. Police patrolmen shall be eligible to make use of accrued sick leave and vacation leave after six months service. S. How Completed Three weeks before employees have completed their probationary service, their department heads shall evaluate their records and performances. If their records and performances are satisfactory, the department heads shall so certify to the City Manager; and, upon approval of the City Manager, these employees shall thereupon assume the status of permanent employees. If the employees' records and/or performances are found to be unsatisfactory at any time during the probationary period, the department heads shall so certify to the City Manager; std the City Manager may, upon written notice, terminate the employees immediately. Section 17 -107. PROVISIONAL APPOINTMENTS. 1. When Made If necessary to prevent the stoppage of public business or inconvenience to the ublic the City Manager may make P . Y g Y provisional appointments to positions in classes for which examinations are ordinarily given and for which appropriate employment lists are not then available. 2. Term„ination Provisional appointments shall terminate by: a. Order of the City Manager, or b. Expiration of the period during which any such appointments are limited by Civil Service or any other law, or c. The effective date of regular appointments to the positions. 3. Benefits. Benefits shall not be given for service rendered under provisional appointments unless said provisional appointee at the time of the provisional appointment shall be a permanent employee in another capacity. Section 17 -108. POSITION CLASSIFICATION PLAN. The City Manager shall prepare a comprehensive position classification plan for all positions covered by this ordinance. The classification plan shall group all positions covered therein according to the difficulty and respon- sibility inherent in each position, the nature of the work and skill required for efficient performance of the duties of the position, and the experience and training necessary to adequately perform such duties. Following the adoption of such a plan, the City Manager shall from time to time review the contents of the plan in order to insure the accuracy of its provisions over time. The City Manager shall amend the plan whenever changing circumstances make provisions of the plan obsolete. Section 17 -109. COMPENSATION. 1. All employees of the City of Brooklyn Center shall be compensated according to the wages or salaries established annually by the City Council, provided, however, that the City 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 as recommended by the City Manager. 2. Any wage or salary so established shall represent the total remuneration 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 employee 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 be construed to prevent employees from working in more than one position when authorized by the City Manager, Section 17 -11:Q, WORK PERIODS. 1. Regular Work Day and Week. Except for employees in the Police Department and Liquor Store, and other positions as designated by the City Council, the regular work weeks shall be forty hours, with at least two consecutive days off each week. The regular work day shall be eight working hours. The City Manager, Office Heads, Department Heads, and Division Heads shall work such additional hours necessary to satisfactorily perform the duties of their position. 2. cull -Time Service. Full time service is work for the number of hours which make up the regularly scheduled weekly or monthly period of services in the particular class, exclusive of leave with pay. 3. Pro -Rata Basis. Whenever employees work 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. 4. ,Eolice Department Personnel a. Minimum Work Year. All full time employees of the Police Department shall annually accrue a minimum work year which shall equal the number of hours equal to eight (8) times the number of days in the given year excluding Saturdays and Sundays. b. Accrual of Minimum Work Year. (1) PATROLMEN - Patrolmen shall accrue hours to fulfill the requirements of the minimum work year in the following manner: (a) Regular Schedule -- actual hours spent on duty shall be credited to the fulfillment of the minimum requirement. (b) Training -- actual rate (c) Scheduled Extra Duty -- actual rate (d) Off Duty Court Time -- Time shall be accrued at the actual rate, with the exception, however, that a minimum of two hours shall be credited for each session of court at which the officer is required to be . present. Section 17 -110 (cont'd) (e) Authorized Overtime -- Consecutive hours worked in excess of eight per shift by non: supervisory and non-investiga- tive personnel, and when approved by the shift supervisorox division head, shall be credited to the cumulative total of hours worked at the rate. of 150% of the actual hours worked in excess of eight. In addition, those patrolmen called to duty on a scheduled day off to take the duty of another patrolman who has reported to his superior officer that he is too sick to report for duty shall accrue hours to be applied to the work year at the rate of 150% for each hour so worked, (f) Other -- Holidays and used vacation and sick leave shall be included in the accrual of the minimum work year at the actual rate of eight hours per day or portion thereof as used. (2) SUPERVISORY AND INVESTIGATIVE PERSONNEL. Super spry and investigative personnel shall accrue hours in fulfillment of the minimum work year at the actual rate of hours worked and shall not be eligible for overtime compensation. (3) CLERICAL PERSONNEL. Clerical personnel shall accrue hours at the actual rate and shall be eligible for overtime when approved by the Administrative Division head. c. Scheduling. Each employee working a full calendar year shall be scheduled sufficient hours so as to insure the accrual of the minimum work year. Those employees accruing hours in excess of the minimum work year shall, at the end of each fiscal year, be compensated through cash payment at a rate of one and one -half times their normal hourly' rate for hours so accrued. This section shall not be construed so as to guarantee compensation for absence from scheduled duty due to the contraction of an illness or temporary disability, the duration of which exceeds the accrued sick leave of the individual. Section 17 -111 HOURLY AND DAILY RATES. 1. When used. Upon approval of the City Manager, employees in specified classes may be compensated at hourly or daily rates of pay when conditions of employment warrant such action, Section 17. 8111 (cont'd) 2. Haw Ietermined Such hourly rates shall be determined by dividing the annual wage set for employees of the class by the number of hours equal to eight (8) times the number of days in the given year excluding Saturdays and Sundays. Se X ction 17 -112 PAY RATES IN TRANSFER, PROMOTION, OR DEMOTIONS. Rates of pay of employees transferred, promoted, or demoted, shall be reviewed by the City Council and re- established at a different level if deemed necessary. Section 17 -113 OVERTIME PAYMENT. Authorized overtime work Performed by persons other than the City Manager and department, office and division heads, shall be compensated for at one and one -half times their regular rate of pay, and such persons shall be paid for a minimum of two hours of work for each time they are required to report to their offices for work during other than normal working hours. Attendance at meetings of the My Council or other duly established City boards or commissions shall not normally be considered overtime for the purposes of this section, Except as provided elsewhere in this ordinance, overtime compensation at the rate of one and one -half times the normal hourly rate shall be paid only for hours accrued in excess of forty hours per week. Section VACATION LEAVE. 1. How Much. Permanent employees shall earn vacation leave at the rate of five sixths of one working day for each calendar month of full -time service or maJor fraction thereof. Employees with five consecutive years of service shall earn vacation leave at the rate of one and one - fourth working days for each calendar month of full time service or major fraction thereof, 2. When Taken. Vacation leave may be used as earned, except that the City Manager shall approve the time at which the vacation leave may be taken„ No employee shall be allowed vacation leave until after completion of the initial probationary period. 3. Accrual . Employees with less than five years of service may accrue a maximum of fifteen working days vacation leave. Employees with five consecutive years or more of service may accrue a maximum of twenty working days vaction leave. Employees who have been unable to take vaction leave as earned and who have accumulated the maximum number of vacation days to which entitled, may, after giving proper notice, absent themselves from work and avoid loss of vaction leave, unless the accrual limitation is extended by the City Council. Section 17 -114 (Cont1d) 4. Terminal hgave Employees leaving the municipal service in good standing, after having given proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. S. Waiving Vacation Prohibited. Employees shall not be permitted to waive vacation leave and receive double pay. Section 17 -115, SICK LEAVE. 1. Eligibility. Sick leave with pay shall be granted to probationary and permanent employees at the rate of one 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. 2. Assm Sick 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 accrue at the rate of one day per month until 100 days have been accumulated and at the rate of one half day per month after 100 days have been accumulated. Workman's Comnsation benefits shall be credited against the compensation due employees during sick leave. 3 , Proof Remtdired In order to be eligible for sick leave with pay, employees must: a. Notify their superior prior to the time set for the beginning of their work day. b, keep their department head informed of their condition, if the absence is of more than three days' duration. c. Submit medical certificates for absences exceeding three days, if required by the City Manager. 4. PenaLq, Claiming sick leave when physically fit, except as permitted in this section, may be cause for transfer, suspension, demotion, dismissal or other disciplinary action. S. No Terminal sick Leave. Sick leave benefits shall not be granted upon termination of employment. Section 17 -116, ACCRUAL DURING LEAVE. Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave or sick leave, :Section 17 -117 SEVERANCE PAY. Severance pay in the amount of one- fourth the accumuiatectsick lie employees have to their credit at the time of resignation or retirement shall be paid to employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Section 17-118. MILITARY LEAVE. Municipal employees who are called or inducted into the Federal Service by the President of the United States, or ordered by proper authority to active noncivilian duty, shall be entitled to a leave of absence for the period of such active service without loss of status. Employees who have been in the full time service of the municipality for at least six months immediately preceding call to service shall receive the difference between their regular municipal pay and the lesser military pay for a period of fifteen days of such military leave in the case of Reserve or National Guard active duty training periods of less than thirty days duration and full pay for fifteen days in the case of active military duty of more than thirty stays duration. Section 17 -119. LEAVES OF ABSENCE WITHOUT PAY. 1. How Much. Leaves of absence without pay may be granted by the City Manager where the general good of the CW will not be harmed. Leaves of absence without pay shall not exceed periods of ninety days unless based on disability or other good reasons. In any event, leaves of absence will not exceed one year, except for employees in the military service of the United States or those disabled while in the service of the City of Brooklyn Center. Vacation and sick leave benefits shall not accrue during periods of leave of absence without pay. 2. Jury Duty. Employees summoned for jury duty or subpoenaed to testify in court shall receive an amount of compensation which will equal the difference between the employees' regular pay and jury duty or witness fee compensation received. 3. Approval Required. Leave without pay shall require the advance approval of the department head and the City Manager. Section 17 -120. REST PERIODS AND HOLIDAYS, 1. Rest Periods. Employees working under conditions where a break period is practicable are authorized a fifteen minute break period in the fore- noon and a fifteen minute break period in the afternoon of each work day. Section 17 -124 t(cont'd) 2. Holidays Observed. The following legal holidays shall be observed as paid holidays for City employees, except as noted in paragraph 5 of this section. New Year's Day Memorial Day Veterans Day Lincoln's Birthday Independence Day Thanksgiving Day Washington's Birthday Labor Day Christmas Day Good Friday Columbus Day 3. Saturdays and Sundays When New Year's Day, Memorial Day, Independence Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees absent from work on the day following or the day preceding such a three -day holiday weekend wltbOut the express authorization of the City Manager shall forfeit their rights to holiday pay for that holiday. 4. Overtime Employees who work a normal Monday through Friday schedule who are required to be on duty on any holiday as set out in paragraph 2 as qualified by paragraph 3 shall be paid time and one -half for the hours worked in addition to the holiday pay. 5. Irregular Work Schedules. In the case of those employees working schedules other than the normal Monday through Friday compensation for holidays shall be as follows: a. Compensatory time off shall be granted for each of the eleven holidays set out in paragraph 2 of this section. Each time off shall be taken as soon as practicable before or after the holiday for which it is accrued; as approved by the head of the department in which the worker is employed, b. Overtime pay shall not be authorized to those persons working irregular shifts for hours worked on the above mentioned holidays when such work is part of the planned schedule. c. Compensation for holidays in the form of time and one -half pay shall be authorized for employees working irregular shifts only when the head of the department in which they work deems it imperative that such compensatory time as may be accrued be waived, with the employees consent, in the best interests of the City, Section 17-121, TEMPORARY EMPLOYEE BENEFITS. Temporary employees and Liquor Store clerks shall not be entitled to benefits described In Section 17 -102, sub- section 3 with, the exception that temporary full time employees shall receive regular pay for holidays occuring during their period of employment if employed for a consecutive period of thirty (30) days prior to the holiday. Section 17 -1 RESIGNATIONS. 1. Written Resignations Required., To leave in good standing, employees must submit written resignations to their department heads. These written notices must indicate the effective dates of resignation and must be submitted at least fourteen days before the effective dates of resignation. Failure to comply with this procedure may be considered cause for denying future employ- ment by the municipality and denial of terminal leave benefits. 2. Unauthorized Absences. Unauthorized absence from work for periods of three working days may be considered as resignations without benefits. Section 17 -123. LAY -OFFS. After fourteen days' advance written notice has been given, the City Manager may lay off employees because of shortage of work or funds, abolition of positions, or changes in organization. Permanent employees shall not be laid off while there are temporary, provision- al or probationary employees serving in the same classes of positions for which permanent employees are qualified, eligible, and available. Length of service in the same position class shall be considered, but shall not be binding. The 14 -day notice requirement may be waived for persons in permanent rodman positions when, during inclement weather, the City Manager determines that temporary layoffs are required. Such temporary lay -offs shall not affect the accrual of sick leave and vacation benefits. Section 17 -124. DISCIPLINE. 1. General. Employees may be warned, reprimanded, suspended, demoted, dismissed or subjected to other disciplinary measures. 2. Discipline by Department Heads. Department heads may upon their own motion or upon the recommendation of a subordinate supervisor, discipline employees in their departments by issuing warning notices, reprimands, and by recommending suspension to the City Manager. For the purposes of this section only, department heads are the following: Director of Finance, Director of Public Works, Chief of Police,Chief Inspector, Director of Parks and Recreation, Liquor Store Manager, Assessor and the Superintendent or Division heads of the Engineering Division, Street Division, Public Utilities Division. Section 17 -124 (Coned) 3. _Discipline by Qty Manager The City Manager may upon his own motion, or upon the recommendation of a department head, discipline employees. The City Manager shall not impose disciplinary suspension for periods of greater than 30 working days for any single offense: The decision of the City Manager in such matters shall be final, 4. Proce a `e: In all cases of disciplinary action a dated written notice of the dlsciplir Z action shall be presented to the employee, Section 17 -125, DEMOTIONS. Employees may be demoted by the City Manager on the basis of merit, fitness or for cause. Section 17 -.126 DISMISSAL, Employees subject to the provisions of this ordinance may be dismissed from the municipal service by the City Manager on the basis of merit, fitness, or for cause. Cause shall include, but not be limited to, evidence of any one of the following: 1. Incompetence, or inefficient performance of duties. 2. Conviction of a criminal offense or a misdemeanor involving moral turpitude. 3. Insubordination. 4. Violation of any lawful or official rule, regulation or order, or failure to obey any lawful direction made and given by a 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 reasonably might be expected to result in loss or injury to the municipality or be detrimental to the public welfare, S. Intoxication or the consumption of alcoholic beverages on duty. 6. Physical or mental defect which, in the judgment of the appointing authority, incapacitates the employee for the proper performance of the duties Of this position. (An examination by a licensed doctor may be required and imposed by the appointing authority) . 7. Wanton use of offensive conduct or language toward the public, municipal officers, superiors or fellow employees. Section 17 -126 (Cont'd) 8. Failure to pay or make reasonable provisions for future payment of Just debts due or owing by him causing thereby annoyance to officers and employees of the municipality. 9. Carelessness and negligence in the handling or control of municipal property. 1B. 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, valuable gift or other valuable thing in the course Of his work or in connection with it from any source for his personal use,, when such gift, fee or other thing, is given in the hope of expectation or receiving a favor or better treatment than that accorded other citizens. 12. Conduct in private life or municipal service which brings discredit upon the municipal service, 13. Deliberately filing or making a false or improper report or statement. 14. Proven dishonesty in the performance of duties. 15. Violations of the provisions of these ordinances. 16. Use of City of Brooklyn Center vehicles, tools, equipment and/or materials for other than official purposes, unless expressly authorized by the City Manager or City Council. 17, Becoming the surety or official bond (including ball bond) of any other City employee. 18. Holding any other public office or employment which is incom - patible with their duties as City employees, as determined by the City Manager. 19. Failure to report any interest arising from any relationship which may create a substantial conflict of interest with respect to their duties as employees of the City of Brooklyn Center. Section 17 -127 GRIEVANCE POLICY. It is the policy of the City insofar as possible to prevent occurrence of labor grievances and to deal promptly with those which occur. When any labor grievance, other than matters covered in Section 17 -124, 125, and 126, comes to or is directed to the attention of any supervisory employee of the City, the supervisory shall promptly discuss all relevant circumstances with the employee and his representative if he so desires, consider and examine the cause of the grievance and attempt to resolve it to the extent of his authority. Failing at that level, the grievance may be carried to higher authority, to and Including the City Manager. Section 17-128 RETIREMENT. Employees subject to this ordinance shall be automatically retired from municipal service upon reacing sixty - five years of age, except that the City Manager may extend the employment of employees beyond age sixty -five if such cotanued employment is considered to - be in the best interests of the City of Brooklyn Center. Section 17 -129. PROHIBITIONS. No person shall willfully or corruptly make any false statement, certificete, mark rating or report in regard to any test, certificate or appointment held or made under the municipal personnel 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, services or other valuable consideration to any person, for or on account of or in connection with Promotion or proposed promotion, Section 17 -130 SOLICITATION. 1. It shall be unlawful for employees to solicit any pay, commission, money or anything of value or attempt to derive any benefit, profit or advantage, directly, from or by reason of any dealings with or service for the City of Brooklyn Center by themselves or by authority from or by reason of any improvements, alterations or repairs required by the authority of the City of Brooklyn Center except lawful compensation or salary as such employees. 2. Penalty. Any person violating this section shall upon conviction thereof, be punished by a fine of not more than one- hundred ($100.00) dollars or by imprisonment for not more than ninety (90) days for each offense. Section 17 -131 POLITICAL ACTIVITY. 1. Camga for Others No employee shall seek or accept election, nomination, or appointment as an officer of a political organization which is taking part in a political campaign for City elective office, nor shall an employee serve as a member of a committee, or act as spokesman of such organization. Employees shall not seek signatures to any petition, act as a worker at the polls, use his or her name in support of candidates, nor distribute badges or pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or for nomination to a public elective office of the City, 2. Voting and Seeking Office . 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 for the candidate of his choice, nor shalt construction of this section„ except as provided below,limit or restrict employees from seeking election or accepting appointment to elective public offices other than those *of the City. Employees of the City shall not seek or accept elective public offices of the City, Section 17 -131 (Cont'd) 3. Leaves` of ;Absence Employees seeking public elective offices other than those of the City may be granted leaves of absence without pay, during their campaigns if, in the judgment of the City Manager such a leave would not be detrimental to the best interests of the City, However, if the needs of the City service require, the vacant► thus created by the absence of the employee may be filled and the employee terminated. Section 17 7132 EMPLOYEES ADVISORY BOARD. There shall be established and maintained an employees' Advisory Board to serve in an advisory capacity to the City Manager in the formulation of personnel policies, administration of personnel programs, and consideration of matters affecting the quality of services of municipal departments. This board may investigate, consider, report and/or make any recommendations deemed proper in the area of personnel administration, 1. Make -up and Selection The Employees" .Advisory Board shall consist of three employees subject to the provisions of this ordinance who shall be elected by the employees subject to the provisions of this ordinance. It shall be the duty of the City Clerk to arrange for necessary elections. Provisions shall be made so that no two of the elected members shall be from the same department, except that no elected member shall be precluded from completing his term on the Employees Advisory Board because of transfer or promotion. 2 Terms 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. 3. Vacancies. If a member whose unexpired term is less than one year should depart for any reason and thereby create a vacancy, a new member shall be chosen by the remaining members. If the unexpired term of a departed member is more than one year, the vacancy shall be filled by a special employee election. 4. Functions, The Employees' Advisory Board shall be advisory only, and members are not vested with any administrative authority beyond that which they are entitled to by virture of their regular positions Section-17-133 REPEAL. The provisions of Chapter 17 of the ordinances of the Village of Brooklyn Center as adopted on February 8, 1965" as amended, are hereby repealed, and this ordinance shall hereafter be known as Chapter 17 of the City ordinances and the Sections of this ordinance numbered therein as herein designated. Section 117 -134 EFFECTNE DATE, This ordinance shall be effective from and after its passage and publication and upon the conversion from " Village to City government, Adopted this 5th day of December 1966.