HomeMy WebLinkAbout1965 02-08 CCM Regular Session Minutes of the Proceedings of the Village 189
Council of the Village of Brooklyn Center
in the County of Hennepin and State of
Minnesota
February 8, 1965
The Village Council met in regular session and was called to order
at 7:45 P.M. by Mayor Gordon Erickson.
Roll Call: Present were: Mayor Gordon Erickson, Phil Cohen,
John Leary, Earl Simons and Howard Heck. Also present were: A. J. Lee,
D. G. Posy, P. W. Holmlund, M. R. Hyde, T. Willard and T. L. Hadd.
Motion by Phil Cohen and seconded by John Leary to approve the
minutes of the February 1, 1965 council meeting. Motion carried unanimously.
Motion by John Leary and seconded by Howard Heck to accept the
architect's recommendation to use Williamsburg Special Blend brick for the
brickwork on the Brooklyn Center Library and to use a white high gloss glazed
structural tile in the lavatories of said structure. Motion carried unanimously.
Motion by Phil Cohen and seconded by Howard Heck to refer application
#65001 submitted by W.O. Patterson back to the Planning Commission for the
purpose of reviewing the similarity of this request with the application for the
Bridgeman establishment and to obtain legal counsel on the question, said
review to be completed and a report thereof to be submitted to the Council
no later than February 23, 1965. Motion carried unanimously.
Member Howard Heck introduced the following ordinance and moved
its adoption:
CHAPTER 17 OF THE ORDINANCES OF THE VILLAGE OF
BROOKLYN CENTER ENTITLED "PUBLIC EMPLOYEES AND PERSON NEL"
Section 1. A new ordinance of the Ordinances of the Village of
Brooklyn Center entitled Chapter 17 "Public Employees and Personnel"
is hereby adopted.
Section 2. Said Chapter 17 shall be in full force and effect from
and after its publication.
Sett 3. For the purpose of the minutes of the proceedings of
the meetings of the Village g Council the foregoing shall hail be g g inserted in the
minutes and the text of the aforementioned ordinance shall be attached to
said minutes and shall be deemed a part thereof.
The motion for the adoption of the foregoing ordinance was duly seconded by
member Phil Cohen and upon vote being taken thereon the following voted
in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen, John Leary
and Earl Simons and the following voted against the same: None;
whereupon sal ordinance was declared duly passed and adopted.
Member john Leary introduced the following resolution and moved its
adoption:
RE.UTION NO. 6513
RESOLUTION SETTING FORTH THE CONDITIONS OF EMPLOYMENT
FOR A. T. LEE AS VILLA AD MINISTRATOR
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: Gordon Erickson, Howard Heck, John Leary, Phil Cohen
and Earl Simons and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
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Member Phil Cohen introduced =the following resolution and moved
its adoption;
RESOLUTION NO. 65 -14
RESOLUTION APPROVING MINNESOTA HIGHWAY DEPARTMENT
AGREEMENT NO. :545.14 PERTAINING TO TRAFFIC SIGNALS AT
T. H. 152 AND 71ST AVENUE NORTH
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: Gordon Erickson, Howard Heck, Phil Cohen, john
Leary and Earl Simons 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.:
RESOLUTION 65 -15
RESOLUTION SETTING DATE OF PUBLIC HEARING ON THE
VACATION OF A PORTION OF R. L. S. NO. 1023
The - .motion for the adoption of the foregoing resolution was duly seconded
by member Phil Cohen and upon vote being taken thereon the following
voted in favor thereof: Goren Erickson, Howard Heck, Phil Cohen, john
Leary and Earl Simons and the following voted against the same: None;
whereupon said resolution was declared duly passed and adopted.
Motion by j6M Leary and seconded by Earl Simons to appoint Vivian
White as temporary receptionist for the period February 15 - March 15, 1965
at the salary of $324. per month. Motion carried unanimously.
Motion by Howard Heck and seconded by john Leary to appoint
Bernard Gerdts as a part -time clerk in the municipal liquor store at a
salary of $1.50 per hour effective February 1, 1965. Motion carried
unanimously.
Motion by john Leary and seconded by Howard Heck to appoint the
following persons to the positions and at the salaries listed;
Ester Hammen Teen Supervisor $ 2.00 /hr.
Hans Semke Rink Supervisor $ 1.50 /hr.
Motion carried, unanimously.
Motion by Phil Cohen and seconded by Earl Simons to appoint
Richard Cihoski to the position of Administrative Intern at the half -time
salary of $200..00 per month. Motion carried unanimously.
Motion by John Leary and seconded by Phil Cohen to change the date
of the February 22, 1965 Council meeting to February 23, 1965, thus removing
the conflict with Washington's Birthday. Motion carried unanimously.
Motion by Phil Cohen and seconded by Howard Heck to approve the
following license application:
Bowling Allev License
Beacon Bowl 6525 Lyndale Avenue North
Motion carried unanimously.
Member Howard Heck introduced the following resolution and moved
its adoption:
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RESOLUTION NO. 65 -16
RESOLUTION ACCEPTING WORK PERFORMED BY BROOKLYN
PARK
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: Gordon Erickson, Howard Heck, Phil Cohen, John Leary
and Earl Simons and the following voted against the same. None; whereupon
said resolution was declared duly passed and adopted.
The bills having been audited Earl, simons moved and Phil. Cohen
seconded to order paid the bills set forth in the schedule dated February 8, 1965
and filed in the permanent register book. Motion carried unanimously.
Motion by Earl Simons and seconded by Howard Heck to reimburse
the Assessor in the amount of $50.00 for costs incurred in the registration of
Assessment Department personnel for attendance at training sessions. Motion
carried unanimously.
Member Howard Heck introduced the following resolution and moved
its adoption:
RESOLUTION NO. 65-17
RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO SUBURBAN RATE AUTHORITY
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: Gordon Erickson, Howard Heck, John Leary, Phil
Cohen ,snd Earl Simons and the following voted against the same: None;
whereupon said resolution was declared duly passed and adopted.
Motion by Phil Cohen and seconded by Howard Heck to adjourn.
Motion carried unanimously. The Village Council adjourned at I IAA P. M.
Mayor
r
Clerk
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CHAPTER 17 PUBLIC EMPLOYEES AND PERSONNEL
AN ORDINANCE ESTABLISHING A BASIC PERSONNEL POLICY FOR THE
VILLAGE 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. 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
basis in a position provided in the budget on a permanent basis.
2. Temporary employee: an employee who has not acquired the
status of a permanent employee, and shall include any person who is
engaged in part -time, 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 near: January 1 to December 31, inclusive.
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:
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. Village Administrator.
Section 17 -103 (cont'd)
e. Village Attorney
f. Village Assessor
2. 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. Appointments to
positions in the municipal service which are provided for in the budget on
a permanent basis shall be made by the Village Council according to merit
and fitness and upon the recommendation of the Village Administrator.
1. By Examination. When required by law or the Village Council,
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, the Village Council may appoint any
persons who appear to meet the requirements listed in the class specifica-
tions and whom the Village Council seems qualified to perform the duties
of the positions.
3. Relationship to Other Village Personnel and Residence
Whenever possible, and with due regard for merit and fitness, the Village
Council shall avoid the appointment of any person when such person is
related to any elected or appointed officer or employee of the Village. (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 Required. Any officer of the Police Department shall
become a resident of the Village within eighteen months after the 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 days; and, in case of equal qualifications, to give
consideration to length of service.
Section 19 -106. PROBATIONARY PERIOD.
1. PurR2se 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 required standards. Employees who shall not
have completed six 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 requirement.
3. Apnlies to Promotions. Promotion shall be subject to a pro-
bationary ,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 reinstated to the positions and rates of pay or other positions
in the classes from which they were promoted.
4, Affects Leave en fits_. 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.
5. How Completed. Three weeks before employees have completed
their probationary service., theta department heads shall evaluate their records
and performances. If their records and performances are satisfactory, the
department heads shall so certify to the Village Administrator, and,
upon approval. of the Village administrator, 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 Village
Council; and the Council 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 public, the Village Council may make
provisional appointments to positions in classes for which examinations
are ordinarily given and for which appropriate employment lists are not then
available.
2. Termination Provisional appointments shall terminate, by:
a.. Action of the Village Council, 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 Village
Administrator shall prepare and submit to the Village Council for adoption
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 responsibility 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
Administrator and Village Council shall from time to time review the contents
of the plan in order to insure the accuracy of its provisions over time. The
Administrator shall make recommendations for amendment of the plan whenever
changing circumstances make provisions of the plan obsolete.
Section 17 -109. COMPENSATION.
1. All employees of the Village of Brooklyn Center shall be compensated
according to the wages or salaries established 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.
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 operate to prevent employees for working in more
than one position when authorized by the Village Administrator.
Section 17 -110. WORK PAY AND BENEFITS.
1. Regular Work Day and Week. Except for employees in the Police
Department and Liquor Store, and other positions as designated by the Village
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 Administrator, Department Heads, and Division Heads
shall work such additional hours necessary to satisfactorily perform the duties
of their position.
2. Full -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 extablished 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.. Banglits. Temporary full time employees shall not be entitled to
sick -leave and vacation leave; but 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. Temporary part -time employees
shall not be entitled to benefits defined in Section 17 -102, sub - section 3.
5. Police 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.
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(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 19 -110 (cont' d)
(e) Authorized Overtime -- Consecutive hours worked in excess
of eight per shift by non - supervisory and
non - investigative personnel in excess
of one hour, and when approved by the
shift supervisor or 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 ( including officers
assigned to the Investigator Trainee position.)
Supervisory 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 Z? -111. HOURLY AND DAILY RA'Z'ES.
1. When used. Upon approval of the Village Administrator,
employees in specified classes may be compensated at hourly or daily
rates of pay when conditions of employment warrant such action.
Section 17 -111 (cont'd)
2. How Determined 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.
Section 17 -112. PAY RATES IN TRANSFER, PROMOTION, OR DEMOTIONS.
Rates of pay of employees transferred, promoted, or demoted, shall
be reviewed by the Village 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 Village Administrator and
department 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 Village Council or other duly established.
Village boards or commissions shall not normally be considered overtime
for the purposes of this section.
Section 17 -114. VACATION LEAVE.
I. 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 Village Administrator 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. Accru 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 vacation leave. Employees who have been unable to take
vacation 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 vacation leave, unless the accrual
limitation is extended by the Village Council.
Section 17 -114 (cont' d)
4. Terminal heave. 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. Wa ying Vecatbon Prohibited. Employees shall not be permitted
to waive 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. Accrual. 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
Compensation benefits shall be credited against the compensation due
employees during sick leave.
3. Proof Required In order to be eligible for sick leave with flay,
employees must;
a. Report promptly to their department heads the reasons for
absence.
b. Keep their department heads 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 Village Administrator.
4. Penalty. Claiming sick leave when physically fit, except as
permitted in this section, may be cause for transfer, suspension, demotion,
dismissal or other disciplinary action.
5. No Terminal Sick Leave. Sick leave benefits shall not be granted
upon termination of employment.
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Section 17 -115 (cont'd)
6. Severance Pay. Severance pay in the amount of one- fourth the
accumulate sick leave 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 -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 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 a 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 days duration.
Section 17 -118. LEAVES OF ABSENCE WITHOUT PAY.
1. How Much . Leaves of absence without pay may be granted by
the Village Administrator for periods up to ten working days and
by the Village Council for longer periods where the general good of the Village
will be served. Leaves of absences without pay shall not exceed periods
of ninety days unless based on disability or other good reasons. Leaves
of absence will not exceed one year, except for employees in the military service
of the United States of these disabled while in the service of the Village of
Brooklyn Center. Vacation and sick leave benefits shall not accrue during
periods of leave of absence without pay.
2. „ury 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 Village Administrator.
Section 17 -119. 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
forenoon and a fifteen minute break period in the afternoon of each work day.
Section 17 -119 (cont' d)
2. Hglidays,Observed. The following legal holidays shall be
observed as paid holidays for 'Village 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,
Indepencence 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 without
the express authorization of the Village Administrator 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 Village.
Section 17 -120. 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 employment by the municipality and denial of terminal leave benefits.
2. Unauthorized Absences. Unauthorized absences from work for
periods of three working days may be considered by department heads As
resignations without benefits.
Section 17 -121. LAY -OFFS. After fourteen days' advance written
notice has been given, the Village Council 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,
Provisional, 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.
Section 17 -122. DEMOTIONS. Employees may be demoted by the Village
Council upon its own motion or upon the recommendation of the
Village Administrator for inefficiency or for other good reasons.
Section 17 -123. DISMISSAL. Employees subject to the provisions
of this ordinance may be dismissed from the municipal service by the Village
Council upon its own motion or upon the recommendation of the Village
Administrator.
1.- Evidence of any one of the following shall be sufficient cause
for dismissal.
a. Incompetance, or inefficient performance of duties.
b. Conviction of a criminal offenseor a misdemeanor involving
moral turpitude.
C. Violation of any lawful or official 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 to the public.
d. Intoxication on duty.
e. Physical or mental defect which, in the judgment of the appointing
authority, incapacities the employee for the proper performance of the duties
of this position. (An examination by a licensed medical doctor may be required
by appointing authority).
Section 17 -123 (Cunt' d)
f. Wanton use of offensive conduct or language toward the public,
or municipal officers or employees.
g. 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.
h. Carelessness and negligence in the handling or . control of
municipal property.
1. 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.
j . Taking any fee, 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.
k. Conduct in private life which brings discredit upon the municipal
service.
1. Proven dishonesty in the performance of duties.
m. Violations of the provisions of this ordinance.
n. Use, or authorized the use, of Village of Brooklyn Center
vehicles, tools, equipment and/or materials for other than official purposes.
o. Becoming the surety or official bond (including bail bond) of any
other. Village employee.
P. Holding any other public office or employment which is incompatible
with their duties as such employees.
q. 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 Village of Brooklyn Center.
2. The Liquor Store Manager, Director of Public Works and Police
Chief shall serve at the pleasure of the Village Council and may be dismissed
by a four - fifths vote of the Council for reasons other than those set out in
Section 17- 123 -1, provided however, that a written statement of the reasons
for such a dismissal shall be provided to the employee.
Section IZ-124. GRIEVANCE 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, other than matters covered
in Section 17 -125, comes or is directed to the attention of any supervisory
employee of the Village, 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 1t t -o
the extent of his authority. Failing at that level, the grievance may be carried
to higher authority, to and including the Village Administrator.
Section 17 -125. DISCIPLINE.
1. Cang ral Employees maybe warned, suspended, demoted, dismissed
or subjected to other disciplinary measures for cause.
2. Discipline by Department Heads. Department heads may .discipline
employees in their departments by issuing warning notices or suspension for
not more than three working days. 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, and the Superintendent or Division heads of the
Engineering Division.. Street Division and the Public Utilities Division#
3. Discipline By Village Administrator. The Village
Administrator may discipline employees subject to this ordinance by issuing
warning notices, suspension for not more than ten working days, or by
recommending demotion or dismissal pursuant to Sections 17 -122 or 17 -123.
4. Discipline by 1, Wage Council. The Village Council may discipline
employees subject to this ordinance by suspension for not more than thirty
working days, by demotion pursuant to Section 17 -122, or by dismissal
pursuant to Section 17-123.
S. Appeals. In all cases of discipline, reasons therefore must be
presented to pl y es concerned in dated, written statements. Such
statement shall inform the employee of his right of appeal and the procedure for
making an appeal. Employees who submit written requests to the
Village Administrator within five working days of receipt of such statements
shall, if the discipline was imposed by a department head, be granted a hearing
before the Village Administrator. Hearings shall be held within ten days from
the dates hearing requests are submitted. Employees disciplined by the
Village Administrator shall be given hearings before the Appeals Committee,
if requests for hearings are submitted within five days of receipt of statements
of reasons. The Appeals Committee shall be made up of two members of the
Village Council and a public member appointed by the Council, which Committee
shall be appointed to hear one appeal only. The Appeals Committee shall submit
its findings and recommendations to the Village Council for final determination.
Section 17 -126. RETIREMENT. Employees subject to this ordinance
shall be automatically retired from municipal service upon reaching sixty-
five years of age, except that the Village Council may by resolution extend
the employment of employees beyond age sixty-five if such continued
employment is considered to be in the best interests of the Village of Brooklyn
Center.
SSCtion 17 -1 27. PROHIBITIONS. No person shall willfully or
corruptly make any false statement, certificate, 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 17-12 8. POLITICAL ACTIVITY.
1. Campaigning for Others No employee shall seek or accept
election, nomination or appointment as an officer of a political campaign,
or organization 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 provided 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.
2. Voting and Seeking Owe. 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.
3. Leaves of Absences Employees who become candidates for
n Employ
municipal public offices shall automatically receive leaves of absences
without pay and shall not perform duties connected with positions held
by them until they are no longer candidates. However, if the needs of the
municipal service require, the vacancies created by their absences may be
filled and their services terminated.
Section 17 -129 SOLICITATION.
1. It shall be unlawful for employees to solicit any pay, commission,
money oranythingof value or attempt to derive any benefit, profit or advantage,
directly, from or by reason of any dealings with or service for the Village of
Section 17 -129 (Cont'd)
Brooklyn Center by themselves or by authority from or by reason of any
Improvements, alterations or repairs required by the authority of the Village
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 -130 EMPLOYEES ADVISORY BOARD. There shall be
established and maintained an Employees' Advisory Board to serve in an
advisory capacity 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 Sg ec on . The Employees' Advisory Board shall
consist of;
a. Three employees subject to the provisions of this ordinance
who shall be elected by the employees subject to the provisions of this
ordinance.
b. The Village Administrator and one councilman to be
selected by a majority of the Council at the first meeting of each January
who will take office the following February.
C. it shall be the duty of the Village Clerk to arrange for necessary
elections 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, 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,. tho vacancy shall be filled by a
special employee election.
Section 17 -130 (Cont'd)
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 -131. AMENDMENTS. This ordinance may be amended
upon four-fifths r-
P u fifths vote of the entire Council.
Section 17 -132 REPEAL, The provisions of Chapter 17 of the
ordinances of the Village of Brooklyn Center as originally adopted on
May 2, 1957, as amended, are hereby repealed, and this ordinance shall
hereafter be known as Chapter 17 of the Village ordinances and the Sections
of this ordinance numbered therein as herein designated.
Section 17 -133. EFFECTIVE DATE. This ordinance shall be effective
,from and after its passage and publication.
Adopted this 8th day of February, 1965.
Mayor
Clerk