HomeMy WebLinkAbout1997-161 CCR0
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adoption: Member_Ka4hwobrmcjl introduced the following resolution and moved its
RESOLUTION NO. I 1' 161
RESOLUTION ADOPTING PERSONNEL RULES AND REGULATIONS
WHEREAS, Chapter 17 of the Brooklyn Center City Ordinances serves as the
personnel policy; and
WHEREAS, Chapter 17 of the Brooklyn Center City Ordinances contains language
which is unlawful and outdated; and
WHEREAS, personnel rules and regulations frequently change due to State and
Federal mandates; and
WHEREAS, it is recommended that the City adopt personnel rules and regulations
in policy format rather than by ordinance, and
WHEREAS, City staff has prepared Personnel Rules and Regulations which would
provide a uniform, comprehensive and efficient system of personnel administration for the City of
Brooklyn Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City of Brooklyn Center Personnel Rules and Regulations are hereby
adopted.
199�
Date
ATTEST:
City Clerk
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
q LaSr)-,a,1 and upon vote being taken thereon, the following voted in favor thereof:
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and the following vbfed against the same: nDne y u
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 97-161
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City of Brooklyn Center
Personnel Rules and Regulations
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RESOLUTION NO. 97-161
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8
3.1
SECTION
1- PURPOSE .....................................................
4
1.1
Purpose.......................................................4
3.3
1.2
Adoption & Amendment ...........................................
4
1.3
Savings Clause..................................................4
3.5
1.4
Department Rules ................................................
4
1.5
Application - Positions ............................................
4
1.6
At -Will Employment ..............................................
4
1.7
Employment Guidelines ...........................................
4
1.8
Labor Agreements ...............................................
4
1.9
Management Rights ..............................................
5
SECTION 2 - DEFINITIONS .................................................. 6
SECTION 3 - RECRUITMENT/EMPLOYMENT..................................
8
3.1
Position Opening Authorization .....................................
8
3.2
Recruitment....................................................8
3.3
Notification of Appointment ........................................
8
3.4
Probationary Period ..............................................
8
3.5
Dismissal During the Probationary Period ..............................
8
3.6
Benefits During Probationary Period ..................................
8
3.7
3.8
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Reference Checks ................................................
m
Eployment of Relatives ..........................................
9
9
3.9
Discipline......................................................9
3.10
Grievances.....................................................9
SECTION 4
- EMPLOYEE C0MPENSATION...................................
10
4.1
Compensation Plan ..............................................
10
4.2
Reclassification.................................................
10
4.3
Overtime/Compensatory Time - Fair Labor Standards Act ...............
1 10
4.4
FLSA Exempt Employee ..............................
. .......... 10
4.5
FLSA Non -Exempt Employees .....................................
10
4.6
Compensatory Time - Non -Exempt Employees .........................
10
4.7
General Rules - Overtime/Comp Time ...............................
11
4.8
Temporary Fill- In at a Higher Classification ...........................
11
SECTION 5 - GENERAL BENEFITS .......................................... 12
5.1 Health Coverage ................................................ 12
5.2 Dental Benefits.................................................12
5.3 Life Insurance ................................................. 12
5.4 P.E.R.A.......................................................12
5.5 Deferred Compensation Program ................................... 12
5.6 Flexible Benefits Plan ............................................ 12
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5.7 Payroll Savings.................................................12
RESOLUTION NO. 97-161
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SECTION 6 - TUITION REFUND PROGRAM .................................
• • 13
13
6.1
Tuition Refund .................................................
SECTION 7 - RECORDS AND REPORTS ......................................
14
7.1
Personnel File ..................................................14
7.2
Job Descriptions................................................14
7.3
Performance Reports..................
..........................
14
7.4
Employee Identification Card Policy .................................
14
SECTION 8 - LEAVE BENEFITS .............................
:............... 15
8.1
Official City Holidays ............................................
15
8.2
Personal Floating Holiday - Regular Full-time ..........................
15
8.3
Vacation Leave - Regular Full-time Employees .........................
15
8.4
Sick Leave - Regular Full-time Employees ............................
16
8.5
Workers' Compensation ..........................................
17
8.6
Official Record - Sick, Vacation, and Compensatory .....................
17
8.7
Funerals ............................. .........................
17
8.8
Military Leave for Training Purposes ................................
17.
8.9
Jury Duty ..........................................
..........18
8.10
Bone Marrow Donation Leave .....................................
18
8.11
Parent Leave for School Conferences ................................
18
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8.12
8.13
Leave of Absence ...............................................
Family Medical Leave Act - FMLA ...................
18
. ............. 18
8.14
Limitation of Grants of Leave without Compensation ....................
21
8.15
Leave Extension Request .........................................
22
8.16
Reinstatement From Leave of Absence ...............................
22
8.17
Inclement Weather................
..............................
22
SECTION 9 - SEPARATION FROM EMPLOYMENT .............................
23
9.1
Resignations...................................................23
9.2
Dismissal.....................................................23
9.3
Lay-Offs......................................................23
9.4
Benefits for City Retirees .....................
23
SECTION 10 - CONDUCT AND ETHICS .......................................
25
10.1
Sexual Harassment Prevention Policy ................................
25
10.2
Definition of Sexual Harassment ....................................
25
10.3
Examples of Sexual Harassment ....................................
25
10.4
Reporting Procedure ............................................
....................
26
10.5
Investigation and Recommendation ..................................
26
10.6
Drug -Free Workplace Policy ......................................
26
10.7
Gifts and Gratuities ..............................................
27
10.8
Smoking Policy
................28
10.9
Membership on Advisory Commissions ..............................
28
RESOLUTION NO. 97-161
• City of Brooklyn Center
SECTION 11 - EXPENSE REIMBURSEMENT POLICY ........................... 29
11.1 Mileage Reimbursement .......................................... 29
11.2 Personnel Expense Reimbursement .................................. 29
11.3 Accrual of Benefits for Airline For City Business ....................... 30
11.4 City Vehicles........ ........... .... ......................... 30
..
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SECTION 12 - LIGHT DUTY POLICY ........................................ 31
12.1 Purpose...................31
...................................
12.2 Policy .......31
12.3 Procedure: Applying for Light Duty Work ............................ 31
SECTION 13 - DECLARATION OF POLICY OF AFFIRMATIVE ACTION ............ 32
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RESOLUTION NO. 97-161
City of Brooklyn Center
0 SECTION 1
1.1 Purpose
The purpose is to provide a uniform, comprehensive and efficient system of personnel
administration for the City of Brooklyn Center.
1.2 Adoption & Amendment
These rules were prepared and recommended by the City Manager in accordance with the
personnel ordinance. The City of Brooklyn Center reserves the right to unilaterally modify
the personnel rules, policy and ordinance.
1.3 Savings Clause
If a personnel regulation is held invalid by judicial or legislative action, the remainder of
these rules will not be affected.
1.4 Department Rules
In accordance with these Rules, each Department Head may establish written
departmental rules of procedure that do not conflict with these regulations to cover unique
circumstances. Departmental rules must be approved in writing by the City Manager prior
to implementation.
• 1.5 Application - Positions
All employees (regular full and part-time), offices and positions in the municipal employ, now
existing or hereafter created, will be subject to the provisions of these regulations except the
following:
a. Elected officials.
b. Members of boards and commissions.
C. Volunteer members of the Fire Department.
d. City Manager.
e. City Attorney.
f Persons engaged under contract to supply expert, professional, technical, or
any other services.
g. Other positions so designated.
1.6 At -Will Employment
All City employees are hired on an at -will basis.
1.7 Employment Guidelines
These rules and regulations are guidelines for the City and its employees regarding City
employment. They do not constitute an employment contract. The City reserves the
right to change any personnel policy at any time at its discretion.
• 1.8 Labor Agreements
With respect to employees whose positions are included in a collective bargaining unit,
provisions of the applicable collective bargaining agreements negotiated pursuant to the
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RESOLUTION NO. 97-161
City of Brooklyn Centcr
• Public Employment Labor Relations Act MS 179A.01 -179A.25, supersede these rules and
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regulations on any subject area covered by both the collective bargaining agreement and
these rules and regulations. The City Manager is signatory to any collective bargaining
agreement applicable to employees covered.
1.9 Management Rights
The City, through the City Manager, retains the full and unrestricted right to operate and
manage all personnel, facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology; to establish and modify the
organizational structure; to select, direct, and determine the number of personnel; to
establish work schedules, and to perform any inherent managerial function not specifically
limited by current collective bargaining agreements, these regulations, and City Council
resolutions.
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RESOLUTION NO. 97-161
City of Brooklyn Center
• SECTION 2- DEFINITIONS
Unless otherwise indicated, the following words and terms have meanings indicated below:
Appointment - a regular assignment to a paid position in the City service.
Days - Calendar day; including Saturday, Sunday, and holidays unless otherwise specified.
Demotion - a change of an employee's status from a position in one job class to a position
in another job class with less responsible duties and could result in a lower salary range.
FLSA - Fair Labor Standards Act which is a federal law regarding minimum wage and
overtime compensation, classifying positions as exempt or non-exempt.
a. Exempt Employee - employee specifically exempt from the overtime compensation
provisions of applicable FLSA (Fair Labor Standards Act) legislation as defined and
limited by administrative rules and regulations; these employees generally have as their
primary duty management, administration, or work of a professional nature.
b. Non-exempt - employees who are entitled to a minimum wage and overtime
compensation pursuant to applicable fair labor standards legislation (FLSA).
• Position - a group of current duties and responsibilities requiring the full-time or part-time
employment of one person.
Regular Full -Time - an employee in a classified position who works a 40 -hour work
week and was hired for a service duration in excess of 12 months and has successfully
completed the probationary period.
Regular Part -Time - an employee in a classified position who works less than the 40 -
hour work week and was hired for service duration in excess of six months and has
successfully completed the probationary period.
Temporary Full -Time - an employee who works a 40 -hour work week whose
employment is limited by duration of a specific project or task; temporary employees serve
at the will of the City Manager.
Temporary Part -Time - an employee who works less than the 40 -hour work week
whose employment is limited by duration of the specific project or task; temporary
employees serve at the will of the City Manager.
Probationary Employee - an employee who is serving a probationary period in a position
to or from which the employee was appointed, promoted, transferred, demoted,
• reclassified or reinstated.
Probationary Period - a six to twelve month working trial period.
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RESOLUTION NO. 97-161
City of Brooklyn Center
• Promotion - a change of an employee from a position of one job class to a position of
another job class with more responsible duties and a higher salary range.
Reclassification - a change in classification of an individual position by raising it to a
higher job class, reducing it to a lower job class, or moving it to another class at the same
level on the basis of significant changes in kind, difficulty or responsibility of the work
performed in'such a position.
Veteran - a person defined as a veteran by Minnesota Statutes, Section 197.447.
Veteran's Preference - the preference granted to veterans by Minnesota Statutes,
Sections 43A.11 and 197.431.
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RESOLUTION NO. 97-161
City of Brooklyn Center
SECTION 3 - RECRUITNIENT/ENIPLOYMENT
3.1 Position Opening Authorization
Department Heads will notify the City Manager and make recommendations when a
replacement vacancy exists in a department or when there is a desire to fill a newly created
position. The City Manager will review the request and recommendations and advise the
department head on the proper course of action. The City Manager is the final authority
in the filling of all positions.
3.2 Recruitment
The recruitment of applicants for employment with the City shall take place at the
direction of the City Manager through Human Resources.
3.3 Notification of Appointment
The City Manager will notify the candidate selected for appointment in writing. The
notification must include the employment starting date and salary.
The Department Head must provide the newly appointed employee with a current position
description to indicate those duties and responsibilities for which the employee is
accountable.
3.4 Probationary Period
The probationary period begins immediately upon starting date and continues for six (6) to
twelve (12) working months unless otherwise specified in union contract. Department
Head must inform the City Manager of employee's successful completion of the
probationary period.
All newly hired or rehired employees will serve a six (6) to twelve (12) month
probationary period. At any time during the probationary period newly hired, promoted,
or rehired employees may be terminated, demoted, or reassigned at the sole discretion of
the employer. No cause for discharge is necessary.
Time served in temporary positions is not considered part of the probationary period.
3.5 Dismissal During the Probationary Period
A Department Head may recommend to the City Manager dismissal of a probationary
employee at any time during probation for any reason. The employee must be notified of
the termination date in writing.
3.6 Benefits During Probationary Period
Sick and vacation leave will accrue during the initial probationary period. Sick leave may
be used as earned, however, vacation may not be used until after the first six months of
employment. In rare cases, the Department Head may recommend'to the City Manager to
approve the use of vacation leave during probation.
Promoted employees who serve a probationary period are eligible to use their sick and
vacation leave accrued during the probationary period for the promotional position.
RESOLUTION NO. 97-161
City of Brooklyn Center
• 3.7 Reference Checks
All reference checks for current or terminated employees must be routed to Human
Resources.
3.8 Employment of Relatives
More than one family member may not be employed within any department where they
routinely interact with each other in the course of business or where one may influence the
work or working conditions of another. Relatives may not be placed where they will work
under the direction of the same immediate supervisor, or where there may be a conflict of
interest or not in the best interest of the City as determined by the City Manager.
3.9 Discipline
The City reserves the right to take any disciplinary action it deems approriate under the
circumstances.
3.10 Grievances
Regular full and part-time employees claiming a grievance shall timely submit such
grievance to the employee's supervisor who shall consider and examine the grievance and
attempt to resolve it to the extent of their authority. If the grievance is not resolved at the
supervisory level, it may be referred by the employee to their department head who shall
consider and examine the grievance and attempt to resolve it. If the grievance is not
• resolved at the department head level, it may be referred by the employee to the Assistant
City ivlanager/Human Resources Director for disposition.
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RESOLUTION NO. 97-161
City of Brooklyn Center
• SECTION 4 - EMPLOYEE COMPENSATION
4.1 Compensation Plan
The City Manager must develop and maintain a compensation plan so all positions
substantially similar with respect to the type, difficulty, and responsibility of work are
included in the same grade and that the same salary range may be applied to all positions
in a grade.
The plan shall classify positions in accordance with federal and state laws for all positions.
The City Manager will present the compensation plan to the City Council for its approval.
The effective date of the compensation plan shall be the date stated in the plan approved
by the City Council.
4.2 Reclassification
When the duties of a position change substantially, the Department Head may request or
the City Manager may initiate a review of the duties of the positions. Based on the results
of the review, the City Manager may reclassify the position.
4.3 Overtime/Compensatory Time - Fair Labor Standards Act
Pursuant to federal and state wake and hour laws, employees classified as full time and
nonexempt under FLSA who are authorized overtime work in excess of the regular
• scheduled workweek or pay period will be compensated at a rate of one and one-half
times their base rate of pay for hours worked in excess of their regular schedule.
The Fair Labor Standards Act (FLSA) is a federal law which sets minimum wage,
overtime pay, equal pay, record keeping and child labor standards for all regular and
temporary employees. FLSA mandates that the City classify employees in regards to
overtime/compensatory time as one of the following categories: FLSA Exempt Employee
or FLSA Non -Exempt Employee.
4.4 FLSA Exempt Employee
Exempt employees are not paid for overtime over 40 hours unless otherwise provided by
collective bargaining or contract agreement. Exempt employees are generally employees
who are classified as professional, administrative, executive and seasonal -recreation, under
the FLSA exempt status.
4.5 FLSA Non -Exempt Employees
Overtime or compensatory time must be paid at a rate of one and one-half times the non-
exempt (this includes full-time, part-time and temporary employees) employee's regular
rate of pay for each hour worked in a work week in excess of 40 hours per week.
4.6 Compensatory Time - Non -Exempt Employees .
FLSA non-exempt employees have the option of selecting compensatory time at the rate
. of one and one half times their regular rate of pay in lieu of overtime, to a maximum of 40
hours of comp time accrual.
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RESOLUTION NO. 97-161
City of Brooklyn Center
• 4.7 General Rules - Overtime/Comp Time
All overtime and comp time to be worked must be pre -approved by the Department Head
prior to working overtime or comp time. Failure to obtain prior approval of overtime and
comp time may result in discipline.
•
•
4.8 Temporary Fill -In at a Higher Classification
From time to time employees may be asked to fill in temporarily at work in a higher
classification. The assignment will be made by the Department Head with the approval of
the City Manager.
If a temporary assignment extends beyond 20 working days, additional compensation at
the higher classification may be provided. The duration of a temporary assignment may
not exceed six months, unless authorized by the City Manager.
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RESOLUTION NO. 97-161
City of Brooklyn Center
• SECTION 5 - GENERAL BENEFITS
5.1 Health Coverage - Cafeteria Benefits Plan
The City will provide a contribution for regular full-time employees. Benefits may be
purchased by employee as made available through the Employer's Cafeteria Benefit Plan.
A set dollar amount for benefits will be included in the compensation plan approved by
City Council as a separate document. The City will review its contribution on a regular
basis.
5.2 Dental Benefits
The City will provide a contribution for regular full-time employees. Benefits may be
purchased by employee as made available through the Employer's Cafeteria Benefit Plan.
The City will review its contribution on a regular basis.
5.3 Life insurance
The City will provide a contribution towards life insurance for regular full time employees.
Employees provided this benefit may purchase through payroll deduction additional term
life insurance to supplement the insurance coverage provided by the City. Life insurance
coverage paid by the City terminates at the end of the calendar month of employee
termination.
• 5.4 P.E.R.A.:
Public Employees Retirement Account will be maintained for regular full and part-time
employees or as regulations specify. For details see the PERA manual in the Finance
Department.
5.5 Deferred Compensation Program
The City provides employees the opportunity to participate in a Deferred Compensation
Plan. This voluntary plan allows employees to place a portion of their earnings into pretax
deferred investment program. Check with the Finance Department for more information.
5.6 Flexible Benefits Plan
The City offers an optional plan in which a portion of the employee's salary can be set
aside to cover estimated health care and day care costs. The employee must expend all the
money set aside in the flexible benefit plan or lose it. Proof of medical and day care
expenses must be submitted. Check with Human Resources for more details.
5.7 Payroll Savings
The City offers an optional payroll savings plan. Check with the Finance Department for
more details.
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RESOLUTION NO. 97-161
City of Brooklvm Center
0 SECTION 6 - TUITION REFUND PROGRAM
6.1 Tuition Refund
Regular full time employees who have passed their initial probation period may be eligible
for reimbursement of tuition and required course fees for courses taken for credit through
accredited educational institutions.
Tuition reimbursement may be approved for courses with the following criteria:
1. a college level course available for credit; and
2. course is taken on personal time, and
3. course is "work related"; and
4. grade of "C" or better or "satisfactory" is received upon completion; and
5. the training request receives pre -approval, and final approval by the City Manager.
Full-time employees who have successfully completed probation may be eligible for a 60%
reimbursement of books, tuition and required fees upon completion. Employees who have
at least fiveyears of consecutive full-time service are eligible for 75% reimbursement. All
regular full time employees who are interested in participating in this program must first
submit course work to City Manager for pre -approval. Pre -approval forms may be
obtained from Human Resources. Employees must obtain pre -approval to ensure they
• obtain reimbursement through participation in this program. Maximum reimbursement is
$1,500 per employee per calendar year; or may be lower due to budget constraints.
•
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RESOLUTION NO. 97-161
City of Brooklp Centcr
SECTION 7 - RECORDS AND REPORTS
7.1 Personnel File
The official personnel file for each regular employee is in the Administration office with
the exception of data regarding payroll, which is maintained in Finance.
The employee's personnel file contents are proprietary to the City and the employee may
not exercise his/her right to review their file more often than once every six months unless
new information has been added to the file.
7.2 Job Descriptions
The City Manager, with assistance of Department Heads shall establish and maintain a job
description for each position. Administration will maintain the official copy of each
current job description for regular positions.
7.3 Performance Reports
Department Heads and Supervisors shall conduct performance evaluations with regular
employees on an annual basis. Evaluations may be conducted more frequently if an
employee's performance is unsatisfactory, there are changes to the position or as
determined by the supervisor. Performance evaluations should be discussed with the
employee before being submitted to the City Manager. Performance evaluations shall be
• retained in the employee's personnel file.
7.4 Employee identification Card Policy
All full-time and part-time regular employees out in the field and/or conducting inspections
are required to have a City employee identification card. Employee identification cards
are available in the Administration office.
0
Upon termination with the City of Brooklyn Center, employee identification cards must be
returned to the Administration.
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RESOLUTION NO. 97-161
SECTIONS- LEAVE BENEFITS
8.1 Official City Holidays
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
One Personal Floating Holiday
City of Brooklyn Center
.
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4th
First Monday in September
Second Monday in October
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 25
(See description below)
When a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday
is a holiday for employees whose normal work schedule is Monday through Friday.
Employees may observe a religious holiday on days which do not fall on Sunday or a legal
holiday. Observance of such a religious holiday must be taken off without pay except
where the employee has accumulated vacation and in that case such religious holidays may
• be charged against such leave accumulations at the option of the employee.
Employees who are in collective bargaining must check their agreements and follow
contract language for holiday schedules.
In order to be paid for Holiday leave, the benefit earning employee must be working or
using vacation, sick or other approved paid leave on both the day before and after the
holiday.
8.2 Personal Floating Holiday - Regular Full-time Employees
Employees have one eight hour personal floating holiday per year which is taken off as a
lump sum at the employee's discretion, unless staff and City Manager agree otherwise to
collectively arrange to take the personal floating holiday on the same day. The personal
holiday must be used within the calendar year or lose it.
The request for use of a personal holiday follows the request for vacation.
8.3 Vacation Leave - Regular Full-time Employees
1. Regular employees shall earn vacation leave at the rate of 6.67 hours for each
calendar month of full-time service or major fraction thereof. Regular employees
with five consecutive years of service through 10 consecutive years of service shall
• earn vacation leave at the rate of 120 hours per _year. Regular employees with
more than ten consecutive years of service shall earn vacation leave according to
the following schedule:
15
RESOLUTION NO. 97-161
City of Brooklyn Center
• During 1 I th year of service 128 hours per year.
During 12th year of service 136 hours per year.
During 13th year of service 144 hours per year.
During 14th year of service 152 hours per year.
During 15th year of service 160 hours per year.
In the best interest of the City, vacation leave in excess of the established amount
specified in this section may be granted by the City Manager.
Employees using earned vacation or sick leave shall be considered to be working
for the purpose of accumulating additional vacation leave.
2. Probationary Period
No accrued vacation may be taken during the first six -months of the probationary
period for newly hired employees. Vacation begins accumulating in accordance
with date of hire.
Usage
Vacation leave may be used as earned after the first six months of employment,
except that the City Manager shall approve the time at which the vacation leave
may be taken.
• 4. Ylinimttm Yearly Vacation Use
Each full-time employee must expend a minimum of 80 hours of vacation each
calendar year. Newly hired employees may request in writing to the City Manager
to allow carrying over vacation from their first year.
Vacation Accumulation .
Vacation accumulation, including the current vacation earned from year to year,
may not exceed a total accumulation equal to one and one-half times the number of
hours the employee is currently earning in one year. The total number of vacation
hours accrued may not exceed 230 hours, except where approved in writing by the
City %' Janauer.
8.4 Sick Leave - Regular Full -Time Employees
Sick leave with pay shall be granted to probationary and regular full-time employees for
each calendar month of full-time service or major fraction thereof. Sick leave shall accrue
at the rate of eight hours per month until 960 hours have been accumulated, and at the rate
of four hours per month after 960 hours have been accumulated. Employees using earned
sick leave shall be considered to be working for the purposes of accumulating additional
sick leave.
In the best interest of the City, an advance of a maximum of 96 hours of sick leave which
• must be earned before additional hours accumulate may be granted by the City Manager to
newly hired employees who have a minimum of five years of job experience which is
directly related to the position for which they are hired.
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RESOLUTION NO. 97-161
City of Brookh-ri Center
• Sick leave may be taken only to the extent that it is earned.
Sick leave may be used for illness, injury, employee assistance program, or by necessity for
medical or dental care. Sick leave may be used by the employee to care for the
employee's spouse, dependents, children, or parents in case of illness or as otherwise
approved by the City Manager. The City Manager may require a medical certificate as
may be deemed necessary before approving the utilization of sick leave.
Sick Leave Request
Employees must notify their immediate supervisor on the first day of sick leave and each
day of sick leave request before the start of his or her shift unless otherwise required by
the supervisor. When possible, sick leave must be requested in advance.
Sick Leave Severance
Severance pay in the amount of one-third the accumulated sick leave employees have to
their credit at the time of resignation retirement, or death shall be paid to employees who
have been employed for at leave five consecutive years. If discharged for cause, severance
pay shall not be allowed.
8.5 Workers' Compensation
An employee who is temporarily disabled from work by an injury or illness sustained in the
• performance of the employee's work with the City, may be eligible :for Workers'
Compensation payment and additional salary through the use of accrued sick leave. The
total of the Workers' Compensation check and the accrued sick leave compensation may
not exceed the employee's normal gross pay. For more information on Workers'
Compensation contact your supervisor or the City Clerk.
8.6 Official Record - Sick, Vacation, and Compensatory
The City's computerized payroll system is the official record for sick, vacation and
compensatory balances.
8.7 Funerals
Earned sick leave may be taken in the event of a death in an employee's immediate family.
In this section, the term "immediate family" includes spouse; dependents; parents;
grandparents, sisters, brothers; mother and father-in-law; sister or brother -in -law -
grandchildren, nieces and nephews. The length of leave will be determined by the .
Department Head and the City Manager.
8.8 Military Leave for Training Purposes
Employees who are members of any reserve component of the military forces of the
United States or National Guard, will be granted leave of absence without loss of status or
pay not to exceed 15 working days per year when ordered to training or active service.
The City must receive a copy of the orders from the proper authority directing the
• employee to report to duty. Military leaves of absence with or without pay shall be
granted as provided in Minnesota and Federal Regulations.
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RESOLUTION NO. 97-161
Citv of Brooklyn Center
. 8.9 Jury Duty
Any regular or probationary employee who is required to serve as a juror or who is under
subpoena as a witness in court on City matters, will be granted leave with pay while
serving in such capacity. Th employee must give any fees received for such service with
the exception of mileage to the City. Temporary employees will be given leave without
pay and may retain all fees received.
•
8.10 Bone Marrow Donation Leave
A regular or probationary full-time or temporary employee who averages 20 or more
hours per week throughout the calendar year, who seeks to undergo a medical procedure
to donate bone marrow will be granted up to 40 hours of paid leave. The City may
require a verification by a physician of the purpose and length of each leave requested.
8.11 Parent Leave for School Conferences
In compliance with MN Statutes IS 1.9412; regular employees may leave up to a total of
16 hours during any school year to attend school conferences or classroom activities
related to the employee's child, provided the activities cannot be scheduled during non-
working hours. Parental leave must be requested in writing in advance and processed
through the Department Head or Supervisor. An employee may request use of vacation
or leave without pay to a maximum total of 16 hours during a calendar year.
8.12 Leave of Absence
Leave of absence without compensation may be granted by the City Manager for up to six
calendar months to an employee for any reasonable purpose and extended by the City
Manager for any reasonable period. Employees must submit a written request for personal
leave to the department head and, if approved, the Department Head must submit the
request to the City Manager. The City Manager may extend the leave of absence if it is
found to be in the best interest of the City.
8.13 Family Medical Leave Act - FMLA
Family Leave is governed by the Family Medical Leave Act of 1993 and Federal
Regulations. The following is a summary of the Family Medical Leave Act and how it
applies to employees of the City of Brooklyn Center.
Eligible Employees
Eligible employees are those who have:
a. Been employed by the City of Brooklyn Center for at least one year; and
b. Have worked a minimum of 1,250 hours within the previous 12 -month
period.
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RESOLUTION NO. 97-161
City of Brooklym Center
2. Circumstances Covered by Family Leave
• FMLA leave will be granted to an eligible employee for any of the following
reasons:
a. To care for their child (birth, placement for adoption, or foster care with
the employee);
b. To care for their spouse, son, daughter, or parent who has a serious
health condition; or
C. For a serious health condition that makes an employee unable to perform
their job duties.
3. Serious Health Condition
A serious health condition is an illness or injury that involves:
a. An overnight stay in a hospital, hospice or residential medical care
facility, and any period of incapacity or subsequent treatment in
connection with such medical care; and
b. A period of incapacity of more than three consecutive calendar days
(including any subsequent treatment period of incapacity relating to the
same condition) that also involves:
. 1. Treatment two or more times by a health-care provider or certain
others (e.g., a nurse or physical therapist) under the supervision
of or referral by a health-care provider; or
2. Treatment by a health-care provider at least once which results in
a regimen of continuing treatment under the health-care
provider's supervision.
C. Any period of incapacity due to pregnancy or for prenatal care.
d. A chronic condition which:
1. Requires periodic visits for treatment by a health-care provider or
a person supervised by a health-care provider;
?. Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
3. May cause episodes of incapacity rather than a continuous period
of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
• e. A period of incapacity which is permanent or long term due to a
condition for which treatment may not be effective. A person must be
Z
RESOLUTION NO. 97-161
City of Brooklyn Center
under the continuing supervision of, but need not be receiving active
• treatment by, a health-care provider (e.g., Alzheimer's, a severe stroke,
or the terminal stages of a disease).
f. Any period of absence to receive multiple treatments for restorative
surgery after an injury or for a condition that would likely result in a
period of incapacity of more than three consecutive calendar days in the
absence of medical intervention (e.g., cancer chemotherapy, kidney
dialysis, etc.).
4. Length of Leave
The length of FMLA leave is not to exceed 12 weeks in any 12 -month period.
The entitlement to FMLA leave for the birth or placement of a child expires 12
months after the birth or placement of the child.
5. Leave Year
The leave year will begin the first day the employee is absent from work on
FMLA leave, or calendar year - final determination to be made by City
Manager.
6. Notice
The employee must give the City at least 30 days advance notice if the leave is
. foreseeable. If leave must be taken in less than 30 days, the employee should
Cr
give as much notice as is practicable.
7. Medical Certification
The employee must provide a medical certification if the leave is for the serious
health condition of a child, spouse, parent or the employee. The City may
require a second or third medical opinion at the City's expense.
8. Use of Annual Leave and Sick Leave
The employee may choose to use accrued annual leave while on any FMLA
leave, but will not be required to do so by the City.
Those employees with accrued sick leave banks may choose to substitute sick
leave in place of annual leave, or they may choose to supplement their leave
with sick -leave hours after their annual leave has been depleted.
The use of annual leave and/or sick leave occurs simultaneously with FMLA
leave and does not extend the length of FMLA leave.
9. Both Spouses Employed by City
When both spouses are employees of the City, each spouse may take up to 12
weeks of FMLA leave -per leave year. The leaves may run simultaneously.
•
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RESOLUTION NO. 97-161
City ofBrooklym Center
10. Continuation of Insurance and Payment of Premiums
An employee on FMLA leave may choose to continue existing health-care
benefits (health and dental) and life insurance if they so desire. These benefits
will be maintained under the same conditions and at the same level of City
contribution as before the employee goes on leave. If there are changes to the
City's contribution levels and/or premium rates while the employee is on leave,
those changes will take place as if the employee were still on the job. The
employee will be required to continue payment of the employee portion of the
health-care and/or other insurance coverage they choose to continue.
The employee may choose not to retain health-care or other insurance coverage
during FMLA leave. When the employee returns from leave, they will be
reinstated on the same terms as prior to taking leave, without any qualifying
period, physical examination, exclusion of pre-existing conditions or other
requirement.
11. Premium Reimbursement
The employee will be required to reimburse the City for any premiums paid
during the leave if the employee does not return to work, unless the employee
cannot return to work due to the continuation of a serious health condition of the
child, spouse, parent or employee, or due to other circumstances beyond the
control of the employee.
• 12. Effect on Benefit Accrual
The employee will not accrue benefits such as annual leave while on unpaid
FMLA leave. Step increases will be extended by the length of the leave.
13. Key Employees
Employees who are not "key" employees will be reinstated to their same
position or an equivalent position upon return from leave with equivalent pay,
benefits and working conditions. A key employee is defined as a salaried
employee who is in the highest ten percent of all employees.
Key employees may be denied reinstatement to the same or an equivalent
position after a leave if denial is necessary to prevent substantial economic
injury to the City's operations. (A "key" employee is a salaried, "eligible"
employee who is in the highest paid ten percent of employees within 75 miles of
the work site.)
8.14 Limitation of Grants of Leave without Compensation
Sick leave and vacation leave accruals will not accumulate during leave of absence without
compensation, accrued amounts of both sick leave and vacation leave will remain on the
record at the inception of the leave of absence and shall continue upon the return of the
employee. If the leave extends for more than 30 days, health and dental coverage and life
• insurance premiums must be paid in full by the employee during such leave or the
coverage will lapse.
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RESOLUTION NO. 97-161
City of Brooklyn Center
For leaves without compensation of 30 days or less, the City will continue its normal
• premium contribution or as policy allows.
8.15 Leave Extension Request
Failure on the part of the employee to request and receive authorization for an extension
of leave within three working days of expiration of initial leave is considered as a
resignation from employment.
8.16 Reinstatement From Leave of Absence
1. An employee returning from leave must notify the employee's supervisor at least
two weeks prior to the anticipated return date.
2. Upon return from a leave of absence, the employee will be assigned to the
previously held position or a position in a comparable class except as herein
provided.
3. An employee may be returned to employment at any time prior to the expiration of
the leave by the action of the City Manager.
4. Employees returning from leave will retain all previously accrued benefits of
employment and seniority.
8.17 Inclement Weather
On days when severe weather occurs, the City of Brooklyn Center offices, operations and
facilities will remain open. When severe weather conditions prohibit an employee to
report to work or an employee leaves work due to weather, the employee will use either
vacation leave or unpaid leave for such absence unless otherwise determined by the City
Manager.
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RESOLUTION NO. 97-161
City of Brooklyn Center
SECTION 9 - SEPARATION FROM EMPLOYMENT
9.1 Resignations
To leave employment in good standing employees must submit written resignation
to the employer. Such written notices must indicate the effective date of
resignation and must be submitted at least fourteen (14) calendar days before such
effective date. Failure to comply with this procedure may be considered cause for
denying future employment by the municipality and denial of benefits.
2. Unauthorized Absences. Unauthorized absence from work for a period of three
working days may be considered as resignation without benefits.
9.2 Dismissal
The City retains the right to an immediate discharge of an employee.
9.3 Lay -Offs
The City Manager may lay off any employee whenever such action is made necessary by
reason of shortage of work or funds, the abolition of a position, or because of changes in
the organization. A full-time benefit earning employee who is laid off from employment
shall be provided with a minimum of 14 days advance notice of such layoff or as provided
for in Labor Agreement.
• A laid off full-time benefit earning employee shall have the rights to recall to the same
position from which the employee was laid off for up to six months (180 calendar days)
following the layoff.
Part-time, seasonal, temporary, non -benefit earning employees may be separated from
employment at any time, without advance notice and shall have no recall rights.
9.4 Benefits for City Retirees
On August 13, 1990, Brooklyn Center City Council adopted Resolution 90-166
establishing Retirement Health Insurance Program. Benefits for City Retirees have
continued to be approved by Council through the date of adoption of this document.
It is in the best interest of the City of Brooklyn Center that retiring employees have
available to them at their option a quality health insurance program. Therefore the City
established a Retirement Health Insurance Program as follows:
1. Severance Pay
Severance pay in the amount of one-third the accumulated sick leave employees
have to their credit at the time of resignation, retirement, or death shall be paid to
employees who have been employed for at leave five consecutive years. If
discharged for cause severance pay shall not be allowed.
• 2. Benefits for City Retirees
Qualified employees shall have the option of retaining membership in the City
of Brooklyn Center's employee health insurance plan for which the City will
pay the single -person premium until such time as the retiree is eligible for
2;
RESOLUTION NO. 97-161
Medicare coverage or at age 65, whichever is sooner. If the retiree desires to
• continue the family coverage and if such coverage is available under the City's
policies, the additional cost for family coverage shall be paid monthly by the
retiree to the City of Brooklyn Center.
•
To qualify under this program, an employee, on the day of his/her retirement,
must meet eligibility requirements for a full -retirement annuity under PERA or
PERA Police without reduction of benefits because of age, disability, or any
other reason for reduction. In addition, to be eligible for this program, an
employee must have been employed full time by the City of Brooklyn Center
for the last ten consecutive years prior to the effective date of his/her
retirement. Employees participate in this program on a voluntary basis.
Eligible employees, as described in the provision above, who become
disqualified from participation under the policies of the City's health insurance
carriers because of a move out of the service area of such carriers, may elect to
continue participation in this program as follows: The employee may
recommend to the City an insurance carrier providing health insurance in the
area to which the employee has moved. Upon approval of the carrier by the
City, qualification for coverage by the employee and submission of any
additional information reasonably required by the City, the City will make
monthly payments to the carrier on behalf of the employee for premiums for
such policy up to the amount paid by the City for the lowest single -person
premium of the City's employee health insurance plans at the time of payment.
Any additional amount required shall be paid by the eligible employee. Eligible
employees electing this option must prove residence in a non -covered
Qeographic area and must submit a written notice of election to the City
Manager on a form provided by the City. Once an eligible employee has been
removed from coverage under the City's group health insurance plans pursuant
to such an election, the employee may not thereafter re-enter the group and will
not be covered under the City's group policies.
24
M- 11GIlMIKIMi�[��y�[il
ECTION 10 - CONDUCT AND ETHICS
• 10.1 Sexual Harassment Prevention Policy
This sexual harassment policy applies to all officials and employees of the City including
regular full-time and regular part-time employees, elected and appointed officials,
temporary, seasonal and non -regular employees, employees covered or exempted from
personnel rules or regulations, and independent contractors and consultants.
Sexual harassment is a form of sex discrimination prohibited by state and federal law.
Employees have the right to a workplace free of sexual harassment.
The City will not tolerate sexual harassment of its employees by anyone- supervisors,
other employees, officials or citizens. Persons harassing others will be promptly and firmly
disciplined. All personnel must become familiar with the policy and comply with it.
10.2 Definition of Sexual Harassment
Sexual harassment includes, but is not limited to, unwelcome sexual advances, request for
sexual favors, sexually motivated physical contact, or communication of a sexual nature
when:
Submission to such conduct is made either explicitly or implicitly a term or
condition of employment or public service;
2. Submission to or rejection of such conduct by an employee is used as the basis for
an employment decision such as promotion, assignment, demotion, discipline, or
dischar-w,
Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive
working environment.
10.3 Examples of Sexual Harassment
Behavior that could be considered sexual harassment may include:
Verbal harassment (e.g., sexually -oriented comments, innuendoes, or derogatory
remarks),
Physical harassment (e.g., unwelcome touching, gestures, assault, impeding one's
movement or other physical contact that an employee finds offensive);
Visual forms of harassment (e.g., derogatory posters, letters, poems, graffiti,
cartoons or drawings); or
4. Requests for sexual favors or unwelcome sexual advances.
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RESOLUTION NO. 97-161
10.4 Reporting Procedure
Employees who believe they have experienced sexual harassment or who know of conduct
they believe might constitute sexual harassment toward an employee, are required to
report it to their supervisor or department head, the Assistant City Manager/ Human
Resources Director or the City Manager. The Supervisor or Department Head who
receives the report should inform the Assistant City Manager/Human Resources Director
or the City Manager in confidence as soon as possible, If any employee directly receives
an oral or written complaint from an alleged victim of sexual harassment, he or she must
immediately forward the complaint to the Assistant City Manager/Human Resources
Director or the City Manager or direct the alleged victim to report the incident. Failure
to forward a report of alleged sexual harassment to the appropriate person could result in
disciplinary action against the person who neglected to make the report.
10.5 Investigation and Recommendation
Upon receiving any report alleging sexual harassment, the Assistant City Manager/Human
Resources Director or City Manager will conduct an investigation. To the extent possible,
the allegations and investigation will be kept confidential. An alleged victim may have a
staff person of the same gender present during all contacts with the Assistant City
Manager/Human Resources Director. The alleged victim and any witnesses may be asked
to put their reports in writing.
If the facts are found to support the allegations, the harasser will be subject 'to disciplinary
action up to and possibly including immediate termination depending on the; circumstances
• and severity of the harassment. The Assistant City Manager/Human Resources Director
may report on the investigation and its results to the City Manager. The City will keep a
complete record of the nature of the complaint, its investigation and its resolution.
•
Pending completion of the investigation, the designated personnel representative may take
any appropriate action necessary to protect the alleged victim, other employees, or
citizens.
Anyone who makes a false complaint of sexual harassment or anyone who gives false
information during a sexual harassment investigation could also be subject to disciplinary
action up to and including immediate termination.
The City may also discipline any individual who retaliates against a person who testifies,
assists or participates in any manner in a sexual harassment investigation. Retaliation
includes, but is not limited to, any form of intimidation, reprisal or harassment.
10.6 Drug -Free Workplace Policy
The City recognizes the value of having a drug-free workplace and in conjunction with the
Drug -Free Workplace Act of 1988 adopts the following policy:
26
RESOLUTION NO. 97-161
1. The unlawful manufacturing, distribution, dispensation, possession or use of a
• controlled substance is prohibited in the workplace. For purposes of this section,
the term "controlled substance" is defined as a controlled substance which appears
in Scheduled I through V of Section 202 of the Controlled Substances Act (21
U.S.C. 812).
A violation of this drug-free policy constitutes "just cause" for disciplinary action,
up to and including immediate suspension or termination, or both.
As a condition of employment, employees will abide by the terms and conditions of
this drug-free policy and will notify their department head of any criminal drug
statute conviction for which a violation occurs in the workplace within five
calendar days after such conviction.
4. The City will notify the contracting agency within ten calendar days after receiving
actual notice of an above conviction.
Within 30 days of receiving notice from an employee of a drug related workplace
conviction, the City may require an employee to satisfactorily participate in a drug
abuse assistance or an appropriate rehabilitation program.
6. The City will establish a drug-free awareness program to inform employees about:
• a. the dangers of drug abuse in the workplace;
b. the policy of maintaining a drug-free workplace;
C. the availability of drug counseling, rehabilitation and employee assistance
programs;
d. the penalties that may be imposed upon employees for drug abuse
violations_
Each situation will be evaluated on a case-by-case basis depending upon the
severity and circumstances.
The City will make a good faith effort to continue to maintain a drug-free
workplace through implementation of this policy.
10.7 Gifts and Gratuities
An emplo%ee ma% not solicit ani gift or gratuity from any other employee or member of the
general public. In no instance may a gift or gratuity be solicited or even hinted. In no instance
may any gift or gratuity be accepted by a City employee, even if the gift or gratuity was
unsolicited.
There are very limited exceptions to what is considered a gift or gratuit`•. The exceptions
include:
• 1. A plaque or similar memento recognizing an individual's services in a field of specialty
or to a charitable cause.
?. A trinket or memento of insignificant value.
27
RESOLUTION NO. 97-161
Informational materials of unexceptional value.
• 4. Food or beverage given at a reception, meal, or meeting away from your normal place
of work by an organization before whom you are appearing to make a speech or answer
questions as a part of a program. All other gifts of food or beverage are prohibited.
Vendor contributions to a meeting of local officials for breakfasts, hospitality rooms,
snacks, or refreshments are prohibited.
Usual or customary gift giving among employees during the holiday season, birthdays,
retirements, weddings, baby showers, rolls, cookies, flowers, etc., provided by
coworkers.
6. Gifts from a family member.
Good judgment is advised. When you are faced with a situation concerning the acceptance of
an item, you should seek approval from your supervisor prior to its acceptance and, if not
resolved with your supervisor, proceed up the departmental ladder. It is important that each of
us maintain high standards of public service and remain within the letter and spirit of ethical
behavior.
10.8 Smoking Policy
Smoking is prohibited in City buildings and vehicles.
10.9 Membership on Advisory Commissions
• City employees are, pursuant to City Council policy, ineligible for appointment or service
on City Advisory Commissions. City employee participation with commissions is assigned
by City Manager.
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RESOLUTION NO. 97-161
SECTION 11 - EXPENSE REIMBURSEMENT POLICY
• 11.1 Mileage Reimbursement
Personal automobile use for authorized trips, meetings, work, etc., will be reimbursed at
the rate consistent with IRS regulations. Mileage reimbursement requests must be in
writing and approved by the Department Head. Use of personal vehicle for work
purposes must be pre -approved by the Department Head.
11.2 Personnel Expense Reimbursement
Reimbursements of travel expenses are intended to refund actual costs incurred by City
employees and officials while traveling as authorized representatives of the City of
Brooklyn Center. In order to qualify for travel reimbursement, trips to a destination
exceeding 100 miles from Brooklyn Center must have the prior approval of the City
Manager. Requests for travel advances intended to defray costs incurred while on a trip
and prior to submission of an expense report shall be submitted to the City Manager for
approval at least seven days in advance of the trip. Travel advances shall be limited to 90
percent of the estimated expenses for lodging, meals, and other related travel expenses.
Costs of transportation and registration shall be advanced in full.
A. A properly verified, itemized expense claim shall be submitted to the City Manager
for approval within ten days following the date of return from an authorized trip.
Expense claims shall be accompanied by receipts for:
• I . Transportation costs to and from the destination via coach, tourist, or
economy class transportation.
2. Lodging costs not to exceed a reasonable single -occupancy rate as
determined by the City Manager.
Conference or meeting registration fees.
4. Any unusual items for which advance approval has been obtained from the
City Manager.
B. The mode of transportation must be approved by the City Manager prior to any
authorized trip. Personal automobile use for authorized trips will be reimbursed at
a rate consistent with IRS regulations, or an amount equal to air travel tourist
class, whichever is lesser.
C. Reimbursement for meals while on authorized travel will be for actual
expenditures. See current pay plan for maximum allowable amount.
D. Employees and officials of the City shall be reimbursed for individual or actual meal
cost unless meal cost is part of function. See current pay plan for maximum
• allowable amount.
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RESOLUTION NO. 97-161
11.3 Accrual of Benefits for Airline For City Business
• City employees/officials using City funds, traveling on City business and using commercial
airlines cannot claim frequent flyer mileage or any other similar type credit as their own.
Employees/officials must certify that they have not claimed frequent flyer mileage or
similar such credits for personal use when they apply for travel reimbursement for City
trips.
Employees/officials are encouraged to obtain a separate frequent flyer card exclusively for
City travel. Employees/officials must use frequent flyer tickets earned while traveling on
City business for City travel. Employees/officials cannot use frequent flyer miles as
reimbursement for City trips.
11.4 City Vehicles
Certain employees of the City are required to drive a City vehicle to their home and keep
it there while off duty. They must do so to be able to respond to emergency situations.
These emergency situations include fire and police protection, civil defense, and restoring
City services such as water, sewer, and streets. It may also be necessary to keep a City
vehicle at home for security purposes or other City business purposes. These vehicles
must be used for City business use only and cannot be used for the personal use of any
employee. Such use is assigned and approved by the City Manager. The employees who
are authorized to keep a City vehicle at their home on a regular basis while off duty are as
follows:
• 1. Chief of Police
2. Police Captains
3 _ Fire Chief
•
4. Public Works Superintendent
5. Supervisor of Street and Parks Maintenance
6. Supervisor of Public Utilities
7. Liquor Stores' Manager
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RESOLUTION NO. 97-161
SECTION 12 LIGHT DUTY POLICY
• 12.1 Purpose
The purpose of this policy is to establish guidelines for temporary assignment of work
to temporarily disabled employees who are medically unable to perform their regular
work duties. Light duty is evaluated by the City Manager on a case-by-case basis.
This policy does not guarantee assignment to light duty.
12.2 Policy
The City of Brooklyn Center's Light Duty Program is for short-term, temporary
disability -type purposes; assignment of light duty is at the discretion of the City
Manager. The City Manager reserves the sole right to determine when and if light duty
work will be assigned.
12.3 Procedure: Applying for Light Duty Work
When an employee is unable to perform the essential requirements of the employee's
job due to a temporary disability, the employee will notify the City Manager or
Department Head in writing as to the nature and extent of the disability and the reason
why the employee is unable to perform the essential functions, duties, and requirements
of the position. This notice must be accompanied by a physician's report containing a
diagnosis, current treatment, and any work restrictions related to the temporary
disability including the expected time frame regarding return to work full time with no
is
restrictions, meeting all essential requirements and functions of the City's position
description along with a written request for light duty.
•
The City may require an independent evaluation conducted by a physician selected by
the City to verify the diagnosis, current treatment, expected length of temporary
disability, and work restrictions.
It is at the discretion of the City Manager whether or not to assign light duty work to
the employee. Although this policy is handled on a case-by-case basis, light duty is
recommended to last no longer than six months.
The circumstances of each disabled employee performing light duty work will be
reviewed regularly.
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RESOLUTION NO. 97-161
SECTION 13 - DECLARATION OF POLICY OF AFFIRMATIVE ACTION
• This is to affirm the City of Brooklyn Center's policy of providing Equal Opportunity to all
employees and applicants for employment in accordance with all applicable Equal Employment
Opportunity/Affirmative Action laws, directives and regulations of Federal, State, and Local
governing bodies or agencies thereof, specifically Minnesota Statutes 363.
The City of Brooklyn Center will not discriminate against or harass any employee or applicant for
employment because of race, color, creed, religion, national origin, sex, sexual or affectional
orientation, disability, age, marital status, status with regard to public assistance, or familial
status.
The City of Brooklyn Center will take Affirmative Action to ensure that all employment practices
are free of such discrimination, Such employment practices include, but are not limited to, the
following; hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
The City of Brooklyn Center will commit the time and resources reasonably necessary, both
financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative
Action.
The City, of Brooklyn Center will evaluate the performance of its management and supervisory
• personnel on the basis of their involvement in achieving these Affirmative Action objectives as
well as other established criteria. Any employee of this City who does not comply with the Equal
Employment Opportunity policies and procedures as set forth in this statement and plan may be
subject to disciplinary action.
•
No part of this program is to be construed as a contract between the City of Brooklyn Center and
any individual employee. It does not describe in any way the terms and conditions of employment
of City employees. Such terms and conditions are set forth in, and the employment relationship is
governed by, applicable collective bargaining agreements, employment agreements, or the
personnel rules of the City.
The City of Brooklyn Center has appointed the Assistant City Manager/Human Resources
Director to manage the Equal Employment Opportunity/Affirmative Action program. The
Assistant City Manager/Human Resources Director's responsibilities will include monitoring all
Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative
Action program, as required by Federal, State and Local agencies. Brooklyn Center City
Manager will receive and review reports on the progress of the program. If any employee or
applicant for employment believes he/she has been discriminated against, please notify the
Assistant City Manager/Human Resources Director, 6301 Shingle Creek Parkway, Brooklyn
Center, Minnesota, 55430-2199, or call (612) 569-3300.
32