HomeMy WebLinkAbout2.g. Fire Department Personnell Police & Ordinance 1
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CITY OF ROSEMOUNT
EXECUTIVE SLJ�vIMARY FOR DISCUSSION
COMI��IITTEE OF THE WHOLE
DA'I'E: JLJNE 16, 1997
AGENDA ITEM: FIRE DEPARTMENT PERSONNEL POLICY; AGENDA NO.
FIRE DEPARTMENT ORDINANCE ���;� .�,L°� �
�1" G�
PREPARED BY: SUSAN WALSH, ASSISTANT TO ADMIN.
ATTACHMENTS: POLICY AND ORDINANCE �
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Attached for Council review is another draft of the Fire Department Personnel Policy. Since
reviewing this document with Council at the goal setting session, revisions have been made and are
listed below. These changes include revisions recommended by the city attorney. This week I
reviewed the policy with the fire department employees and received their input on the new policies.
I have listed below the major changes from the draft previously provided to the Council:
Section 3� Rec�uirement of PhXsical & Ps c�holosical Examination: 2nd paragraph, last sentence, was
changed as follows: A medical evaluation report arec�:;reeei�e�::�i�r:����;�i€�;shall be filed
with the administration department. The following paragraph was deleted: I,f a medical evaluation
report indicates that an otherwise eligible applicant for employment has a mental or physicad
condition which causes such applicant to be considered as a serious health risk, or whenever the
applicant is reported to have a condition that may substantially affect the applicant's ability to
perform the essential duties and responsibilities of the position involved, the city may declare the
applicarzt ineligible for consideration for appoi»tment to the position.
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The following sentence was added to Section 3: �'i�����'��ter.m�n�.t�an mca�t�S�e�ase��sg��i��;,
:,:.;: „
�nfemp4raneous a�a�:artxculabie t��ser�ations�oncerriing��e mental ar p�Zys�cal�nci���c�m�f�I�
�npioyee ;:
Section 5: Probationa�Period: The sentence, The probationary peri�shall be regarded as an
integral part of ihe terms and conditions o,f employment, was deleted and first sentence, second
paragraph was changed as follows: Any original appointment as a regular firefighter shall be subject I
to an initial probationary period oftwo years: '
Section 6� Compensation Plan: Subsection 6 was changed to reflect that payment for training would '
be for mandatory classes and up to 16 hours of optional classes per year. The first draft policy
proposed paying for all optional classes employees may want to attend. Upon adoption of the policy,
employees will no longer receive"advanced earned credits pay" for ctasses. Firefighters will be paid
for one-half of any unpaid hours in 1998 and one-half in 1999.
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Section 9: Workplace Harassment: The city's designated official for reporting workplace harassment
was changed to the Assistant to City Administrator, and City Administrator was deleted.
Section 10: Use of Vehicles: Subsection 6(fl, with regard to reporting use of a city vehicle as
income, was deleted.
Section 00: Limited Duty Assig�ment: City attorney recommended that this section be deleted unless
staff felt it was absolutEly needed, and staff decided it was not. If a firefighter is injured, he/she can I
apply for medical leave. I
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Section 14: Officer Selection Procedures: The 2nd and 3rd paragraphs were changed to gi e ty
administrator the option to interview all candidates for chief, assistant chief, and secretary and not '
just the finalists recommended by the interview panel.
Also attached is a proposed ordinance regarding the fire department. Since most of the sections of
the City Code regulating the fire department is out of date or will be addressed in the proposed
personnel policy, an ordinance amending this chapter of the City Code is attached for Council
Review.
RECONIlv�NDED ACTION NOTES:
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cT� oF Ras�ovzvT
FTRE DEPAR7:�V�NT
PERSONl�JEL POLICY
TABLE OF �ONTENTS ''�
Section No. Section Name (Alphabeticallv Listed) Page Number
4 Background Investigations 2
6 Compensation Plan 3
15 Discipline 20
11 Driver's License 17
8 Drug and Alcohol Testing Policy 5
16 Grievance Procedure 22
12 Leaves of Absence 1�
14 O�icer Selection Procedures 19
13 Participation Requirements 1 g
5 Probationary Period 2
1 Purpose 1
3 Requirement of Physical&Psychological Examination 1
7 Smoke Free Workplace 5
2 Statement of Non-Discrimination l
10 Use of Vehicles 15
9 Workplace Harassment Policy 13
CITY OF ROSEMOUNT
FIRE DEPARTMENT PERSONNEL POLICY
Section 1. PURPOSE
The purpose of this policy is to establish a uniform and equitable system of municipal personnel
administration for all employees of the City of Rosemount Fire Department. Any term and
condition of employment not specifically established in this personnel policy shall remain solely
within the discretion of the city to modify, establish, or eliminate. The city retains the full and
unrestricted right to operate and manage all manpower, facilities and equipment; to establish
functions and programs;to set and amend budgets;to deternune the utilization of technology; to
establish and modify the organizational structure; to select, and direct and determine the number
of personnel; to establish work schedules, and to perform any inherent managerial functions not
specifically referred to in this section. Nothing in this policy shall be construed as part of an
employment contract between the city and its employees. Additionally, the provisions in this
policy supersede all prior fire department employee policies and the"Bylaws of the Rosemount
Volunteer Fire Department." Nothing in this policy shall be construed as creating anything other
than an employment-at-will relationship between the city and its employees. The city reserves the
right to discharge city employees at any time, and for any reason, subject only to limitations
imposed by law.
Section 2. STATEMENT OF NON-DISCRIMINATION
It is the policy of the city to provide equal employment opportunity to all persons. Ail
employment policies and practices shall be non-discriminatory in compliance with federal laws,
state statutes and local ordinances. No individual shall, on the basis of race, orientation, age,
marital status, disabiIity or status with regard to public assistance, be excluded from employment
or be subjected to discrimination regarding any and all terms and condition of employment by the
city.
Section 3. RE UIREMENT OF PHYSICAL & PSYCHOLOGICAL EXAMINATION
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An applicant or employee appointed to a position must be of sufficient health to satisfactorily
perform the essential duties and responsibilities of the position.
After a conditional offer of employment has been made, applicants shall be required to undergo
and pass an appropriate pre-placement health screening prior to appointment to a position. The
city will pay the total cost of such conditional offer, pre-employment examinations. A medical
evaluation report received by the City shall be filed with the administration department.
Whenever it appears that an employee may have a mental or physical condition which causes such
employee to be considered a risk to the health and safety of his/her self or others, or whenever the
employee is considered by the fire chief to have a condition that may substantially affect the
employee's ability to perform the essential duties and responsibilities of the position involved, the
city may require such employee to discontinue work immediately and be exarnined at the city's
expense by a qualified physician or psychologist approved by the city. The city's deternunation
must be based on specific, contemporaneous and articulable observations concerning the mental
or physical condition of the employee. Upon proper medical release, the physician sha11 provide a
medical evaluation report to the city.
Whenever an employee is receiving medical treatment which includes a prescription drug which
would likely affect the employee's mental and/or physical ability to perform the employee's work,
the employee has a duty to notify the fire chief of such treatment.
Section 4. BACKGROL'ND INVESTIGATIONS
Upon request of the city administrator or designee, the police department shall provide certain
criminal history data provided by the Minnesota Bureau of Criminal Apprehension(B.A.) and
federal criminal history about the prospective employee. The data to be provided must only be
about finalists for firefighter positions. The city administrator or designee must obtain the consent
of the finalists before requesting the data, but an applicant's failure to provide consent may
disqualify the applicant from the prospective position.
Section 5. PROBATIONARY PERIOD
Any original appointment as a regular firefighter shall be subject to an initial probationary period
of two (2)years. During the probationary period, an employee may be dismissed at the city's sole
discretion for any reason or for no reason. A probationary employee shall have no rights to
appeal such a decision. Prior to the expiration of the initial probationary period, the employee's
performance shall be evaluated in writing by the fire chief and given to the city administrator with
a written recommendation that the employee be dismissed or a statement that the employee has
successfully completed the probationary period and can be considered as a regular firefighter.
During the probationary period, the probationary firefighter can and shall receive training and
guidance in order to help him/her adjust effectively to the position. A probationary firefighter
must satisfactorily complete the city's required course of instruction during his/her probationary
period.
(1} The fire chief may waive the required training and/or course of instruction if s/he is convinced
that the employee has successfully completed the same or equivalent training or instruction.
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(2) At any time during the probationary period, the fire chief may require such employee to begin
and successfully complete any portion or a11 of any such training or instruction previously
waived.
The City Administrator may extend the probationary period for specific individuals for an
additional six (6) month period, not to exceed one(1) year, upon the recommendation of the fire
chief.
Section 6. COMPENSATION PLAN
A fire department compensation plan shall be adopted by the city council and shall constitute the
official compensation plan for all positions in the fire department. The city council may amend the
compensation plan at any time that it deems such amendment necessary or appropriate in the
interest of good personnel administration or the financial condition of the city as recommended by
the city administrator.
Firefighters shall be paid their appropriate on call hourly pay for the following fire department
activities:
(1) Response to fire and other emergency incidents from the time of the initial dispatch for a
minimum of one hour. For time exceeding one hour, time will be paid in quarter hour
increments. Times shall be noted on the incident sign-in sheet and entered into the payroll
data system.
(2) Participation in weekly training and drill activities: Drills are paid in a full hour increments for
one hour and in quarter hour increments for time exceeding one hour as assigned by the
instructor, training coordinator or other fire department officer, upon approval of the fire
chief or his/her designee. Time shall be noted on the training sign-in sheet.
(3) Participation in station and vehicle maintenance activities: These activities are a one hour
minimum with quarter hour increments for time exceeding one hour. All maintenance
activities must be assigned or authorized by a captain with prior approval by the fire chief or
his/her designee. Time and details of work performed shall be entered into the work detail
sheets by the firefighter after completion of the work. These records shall be examined
periodically by the fire chief or one of the chief officers for accuracy and entered into the fire
department payroll system.
(4) Participation in fire safety education activities: These activities are a one hour minimum with
quarter hour increments for time exceeding one hour. Time and details of work performed
shall be entered into the activity sheets by the fire fighter after completion of the work. These
records shall be examined periodically by the fire chief or one of the chief officers for
accuracy and entered into the fire department payroll system.
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(5) Participation in miscellaneous activities: Examples of these activities are administrative
functions, assisting with training, public relations and representing the fire department at
various meetings. These activities require pre-approval by the fire chief or his/her designee.
These activities are a one hour minimum with quarter hour increments for time exceeding one
hour. Time and details of work performed shall be entered into the activity sheets by the
firefighter after completion of the work. These records shall be examined periodically by the
fire chief or one of the chief officers for accuracy and entered into the fire department payroll
system.
(6) With the exception of probationary firefighters, firefighters sha11 be paid for mandatory
training classes and for up to sixteen (16) hours of optional training for each hour of class
he/she attends per calendar year. All classes must be approved by the fire chief. Firefighters
shall be paid upon proof of satisfactory or successful completion of the class. The fire
department will pay for pre-approved course tuition and provide a fire department vehicle
when available. Firefighters sha11 be reimbursed for travel, hotel, meal and miscellaneous
expenses as approved by the fire chief.
Employees shall no longer accrue advanced earned credits. Employees who have
accumulated advanced earned credits will be paid for any credits for which the employee has
not received pay. Employees will be paid for one-half of their accumulated unpaid credits in
1998 and the remaining one-half in 1999.
(7) Where pre-approval is required above, a written request form sha11 be submitted to the fire
chief for approval for authorization of training funds. Approval by the fire chief shall
consider the appropriateness of the class and cost of class in relation to overall department
training needs.
(8) The fire chief and assistant fire chief shall be paid a stipend for administrative duties relating
to their respective officer functions. Other positions shall be paid a stipend as approved by
the city council. The fire chief and assistant chief should not turn in hours for work details or
administrative functions unless the city administrator has authorized these duties for hourly
pay. The city administrator shall approve quarterly pay sheets for the fire chief and assistant
fire chief.
(9) Firefighters responding to fire and rescue calls when participating in drill or training, shall be
paid the training rate. If the call time extends past the training or drill time, then firefighters
shall be paid the fire and rescue call rate.
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Work Details Authorized for Firefighter on Call Hourly Pay:
Fire Ca11s Rescue Calls Standby
Truck Maintenance Station Maintenance Fire Safety Education Events
Work Details Authorized for Firefighter Training Ptty:
Fire Department Meetings Weekly Drills Special Drills
Authorized Committee Mtg. Hose Testing Fire Extinguisher Training
Wacota Firefighter Mtg. Up to 16 hours approved optional training
Annual physicals
Work Details Authorized for Fire Chief and Assistant Fire Chief On Call Hourly Pay:
Fire Calls Rescue Calls Standby
Officer Duty Calls Fire Safety Education Events
Work Details Authorized for Fire Chief and Assistant Fire Chief Training Pay:
Weekly Drills Authorized Committee Mtgs. Wacota Firefighter Mtg.
Special Drills Up to 16 hours approved optional training
Annual Physicals
All other work details are part of officer salary
Non-Hourly Pay Details:
Relief Assoc. Functions Conferences/conventions Parades
Adopt a Highway Program
Section 7. SMOKE FREE WORKPLACE
The city is dedicated to providing healthy, comfortable, public facilities for its citizens and visitors
and a healthy, comfortable and productive work environment for its employees. The city provides
that a11 city buildings, structures and vehicles are smoke free.
Section 8. DRUG AND ALCOHOL TESTING POLICY
Abuse of drugs and alcohol is a nationwide problern. It affects persons of every age, race, sex and
ethnic group. It poses risks to the health and safety of employees of the City of Rosemount and
to the public. This policy establishes standards concerning drugs and alcohol which all employees
must meet. It also estabiishes a testing procedure to ensure that those standards are met.
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The Drug and Alcohol Testing Policy of the City of Rosemount, Minnesota, will conform to the
requirements of state law as set forth in Minnesota Statutes Chapter 181 and the Federal Drug-
Free Workplace Act of 1988 and be as follows:
Definitions:
Confirmatory Test and Confirmatory Retest: A drug or alcohol test that uses a method of
analysis allowed under one of the programs listed in Minn. Stat. 181.953, Subd. 1.
Drug: A controlled substance as defined in Minn. Stat. 152.01, Subd. 4.
Drug and Alcohol Drug or Alcohol Testing, and Drug or Alcohol Test: An analysis of a body
component sample according to the standards established under one of the programs listed in
Minn. Stat. 181.953, Subd. 1 for the purpose of ineasuring the presence or absence of drugs,
alcohol, or their metabolites in the sample tested.
Dru,�?Paraphernalia: As set forth in: Minnesota Statutes 152.01, Subd. 18.
Emplo,yee: A person, independent contractor, or person working for an independent contractor
who performs services for the City of Rosemount for compensation, in whatever form.
Initial Screenin,g Test: A drug or alcohol test which uses a method of analysis under one of the
programs listed in Section 181.953, Subd. 1, or alcohol in a sample.
Job Applicant: A person, who applies to become an employee of the City of Rosemount, and
includes a person who has received a job offer made contingent on the person passing drug and
alcohol testing.
Positive Test Result: A finding of the presence of drugs, alcohol, or their metabolites in the
sample tested in the levels contained in the standards of one of the programs listed in Minn. Stat.
181.953, Subd. l.
Reasonable Sus�cion means a basis for forming a belief based on specific facts and rational
inferences drawn from those facts.
Under the Influence: Having the presence of a drug or alcohol at or above the level of a positive
test result.
City Rules:
(1) No employee shall be under the influence of any drug or alcohol while the employee is
working or while the employee is on City premises or operating City vehicles, machinery, or
equipment, except to the extent authorized by a valid medical prescription.
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(2) No employee shall use, possess, manufacture, distribute, dispense, sell or transfer drugs,
alcohol or drug paraphernalia while the employee is working or while the employee is on the
City's premises or operating City vehicles, machinery or equipment, except pursuant to a
valid medical prescription or when engaged in approved law enforcement activity.
(3) An employee shall notify the City in writing of any criminal drug statute conviction for a
violation occurring in the workplace no later than 5 days after such conviction. The City
shall notify the appropriate federal agency of such conviction within 10 days of receiving
notice from the employee.
Persons Subject to Testing:
Employees and job applicants are subject to testing. No person will be tested for drugs or alcohol
under this policy without the person's consent. The City will request or require an individual to
undergo drug or alcohol testing only under the circumstances described in this policy. Employees
and job applicants are subject to testing under the City's Policy Implementing the Federal
Omnibus Transportation Employee Testing Act and Related Regulations if applicable. .
Circumstances for Drug or Alcohol Testing:
(1) Job applicants. Job applicants may be requested to undergo drug and alcohol testing after a
job offer has been conditionally made and before commencing employment in the position.
(2) Reasonable suspicion testin�. The City may request or require an employee to undergo drug
and alcohol testing if there is a reasonable suspicion that the employee:
(a) is under the influence of drugs or alcohol while the employee is working or while the
employee is on the City's premises or operating City vehicles, machinery, or equipment;
or
(b) used, possessed, sold or transfened drugs, alcohol or drug paraphernalia while the
employee is working or while the employee is on City premises or operating City
vehicles, machinery, or equipment; or
(c) has sustained a personal injury as that term is defined in Minnesota Statutes 176.011,
Subd. 16, or has caused another person to die or sustain a personal injury; or
(d) has caused a work-related accident or was operating or helping to operate machinery, ''
equipment, or vehicles involved in a work-related accident resulting in total property '
damage exceeding $1,000, as estimated by a department supervisor at the scene ofthe '
accident or at the time the accident reported; or
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(e) has discharged a firearm other than(a)on a target range, or(b) while conducting
authorized ballistics tests, or(c) as authorized by Rosemount Police Department rules
and regulations concerning dangerous or suffering animals; or has, as determined only by
employee's department head, or his/her official designate, or the City Administrator,
en a ed in an act or omission related to the erformance of the job, whether committed
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h lo 'call re uires or'ustifies such testin revealed as a clear and
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compelling necessity by the nature of the incident.
(3) Other testin�. The City may permit an employee who has requested a drug and alcohol test
to undergo testing in accordance with the procedures established by this policy or by State or
Federal Law.
(4) Treatment pro�ram testin�. The City may request or require an employee to undergo drug
and alcohol testing if the employee has been referred by the City for chemical dependency
treatment or evaluation or is participating in a chemical dependency treatment program under
an employee benefit plan, in which case the employee may be requested or required to
undergo drug or alcohol testing without prior notice during the evaluation or treatment
period of up to two years following completion of any prescribed chemical dependency
treatment program.
Refusal to Undergo Testing:
(1) Job a�plicants: If a job applicant refuses to undergo drug or alcohol testing requested or
required by the City, no such test shall be given, and the job applicant shall be deemed to
have withdrawn the application for employment. �
(2) Employees: If any employee refuses to undergo drug or alcohol testing requested or required
by the City, no such test shall be given, and the employee is subject to discipline up to and
including termination of employment.
(3) Refusal on reli„ious ro�unds: No employee or job applicant who refuses to undergo drug or
alcohol testing of a blood sample upon religious grounds shall be deemed to have refused
unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine
sample.
Procedure for Testing:
(1) Notification form: Before requesting an employee or job applicant to undergo drug or
alcohol testing, the City shall provide the individual with a form on which to (a) acknowledge
that the individual has seen a copy of the City of Rosemount drug and alcohol testing policy,
and (b) indicate any over-the-counter or prescription medications that the individual is
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currently taking or has recently taken and any other information relevant to the reliability of,
or explanation for, a positive test result, and(c) indicate consent to undergo the drug and
alcohol testing.
(2) Test sample: The test sample shall be obtained in a private setting, and the procedure for
taking the sample shall ensure privacy to employees and job applicants to the extent
practicable consistent with preventin�tampering with the sample, and may include a witness.
The test sample sha11 be taken on the City's premises or at a medical facility designated by the
employer.
(3) Identification of sam�les. Each sample shall be sealed into a suitable container free of any
contamination that could affect test results. The sample shall be identified for processing by
the licensed testing laboratory.
(4) Chain of custodv. The City shall use a testing laboratory which has established a reliable
chain-of-custody procedure to ensure proper record keeping, handling, labeling, and
identification of the samples to be tested. The procedures must require the following:
(a) possession of a sample must be traceable to the employee from whom the sample is
collected, from the time the sample is collected through the time the sample is delivered
to the laboratory;
(b) the sample must always be in the possession of, must always be in view of, or must be
placed in a secured area by a person authorized to handle the sample;
(c) a sample must be accompanied by a written chain-of-custody record; and
(d) individuals relinquishing or accepting possession of the sample must record the time the
possession of the sample was transfened and must sign and date the chain-of-custody
record at the time of transfer.
(5) Laboratorv. The City shall use the services of a testing laboratory that meets one of the
following criteria for drug testing: '
(a) is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines
published at 54 Federal Register 11970 to 11989, April 11, 1988; ,
(b) is accredited by the College of American Pathologists, 325 Waukegan Road,Northfield,
Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or
(c) is licensed to test for drugs by the state of New York, department of health, under Public
Health Law, article 5, title V, and rules adopted under that law.
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For alcohol testing, the laboratory must either be:
(i) licensed to test for drugs and alcohol by the state of New York, department of
health, under Public Health Law, article 5, title V, and the rules adopted under that
law; or
(ii) accredited by the College of American Pathologists, 325 Waukegan Road,
Northfield, Illinois, 60093-2750, in the laboratory accreditation program.
(6) Retention and stora�e: All samples that produce a positive test result shall be retained and
ix m nths.
properly stored for at least s o
(7) Test report: The testing laboratory shall prepare a written report indicating the drugs, '
alcohol, or their metabolites tested for and whether the test produced negative or positive test ,
results. The testing laboratory shall disclose that report to the City within three working days
after obtaining the final test results.
(8) Notice of test results: Within three working days after receipt of the test resuit report from
the testing laboratory, the City shall inform an employee or job applicant who has undergone
drug or alcohol testing in writing of a negative test result on an initial screening test or of a
negative or positive test result on a confirmatory test. The City shall also inform an employee
or job applicant of the following rights pursuant to Minn. Statutes 181.953:
(a) The right to request and receive from the City a copy of the test result report.
(b) The right to request within five working days after notice of a positive test result a
confirmatory retest of the original sample at the employee's or job applicant's own
expense. If a confirmatory retest is conducted in accordance with Minn. Statute
181.953, Subd. 1 by a licensed laboratory at the same threshold detection levels as used
in the confirmatory test, and the confirmatory retest does not result in a positive test
result the City sha11 reimburse the employee or job applicant the actual cost of the
confirmatory retest in an amount not to exceed $100.00.
(c) The right to submit information to the City within three working days after a notice of a
positive test result to explain that result.
(d) The right of an employee for whom a positive test result on a confirmatory test was the
first such result on a drug or alcohol test requested by the City not to be discharged
unless the City has first given the employee an opportunity to participate in either a drug
or alcohol counseling or rehabilitation program. Participation in a counseling or
rehabilitation program will be at the employee's own expense or pursuant to coverage
under an employee's benefit plan. The City may determine which type of program is
more appropriate for the employee after consultation with a certified chemical use
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counselor or a physician trained in the diagnosis and treatment of chemical dependency.
The employee may be discharged if he/she has either refused to participate in the '
counseling or rehabilitation program or has failed to successfully complete the program. '
Withdrawal from the program before its completion or a positive test result on a
confirmatory test after completion of the program will be considered evidence that the
employee failed to successfully complete the program.
(e) The right to be reinstated with back pay if the outcome of the confirmatory test or
requested confirmatory retest is negative.
(fl The right not to be discharged, disciplined, discriminated against, or required to be
rehabilitated on the basis of inedical history information revealed to the City concerning
the reliability of, or explanation for, a positive test result unless the employee or job
applicant was under an affirmative duty to provide the information before, upon, or after
hire.
(g) The right to access the information in the employee's personnel file relating to positive
test result reports and other information acquired in the drug and alcohol testing process
including conclusions drawn from and actions taken based on the reports or other
acquired information.
(h) The right of an employee or a job applicant, who has received a job offer made
contingent on the applicant passing drug and alcohol testing, to not have the offer
withdrawn based on a positive test result from an initial screening test that has not been
verified by a confirmatory test.
Action After Test:
(1) Job ap.plicants: The appointing authority will not withdraw an offer of employment made
contingent on the job applicant passing drug and alcohol testing based on a positive test
result from an initial screening test that has not been verified by a confirmatory test. Where
there has been a positive test result in a confirmatory test and in any confirmatory retest, the
appointing authority will withdraw the contingent offer of employment if the City determines
in accordance with the Minnesota Human Rights Act that alcohol or drug usage or abuse(1}
prevents the job applicant from performing the essential functions of the job in questions; or
(2)constitutes a direct threat to property or the safety of others, or(3) otherwise constitutes
a bona fide occupational qualification.
(2) Emplo,�: The City will not discharge, discipline, discriminate against, or request or require
rehabilitation of an employee solely on the basis of a positive test result from an initial
screening test that has not been verified by a confirmatory test. Where there has been a
positive test result in a confirmatory test and in any confirmatory retest, the City may do the
following:
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(a) First positive test result: Give the employee an opportunity to participate in either a drug
or alcohol counseling or rehabilitation program, whichever is more appropriate. The
City will consult with a certified chemical use counselor or physician trained in the
f re a rovin the ro am.
reatment of chemical de enden be o
diagnosis and t p cy pp S P �'
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Participation in a counseling or rehabilitation program will be at the employee s own
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ex ense or ursuant to covera e under an employee s own benefit plan. If the employee
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either refuses to articipate in the counseling or rehabilitation program or fails to
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successfully complete the program, as evidenced by withdrawal from the program before
, its completion or by a positive test result on a confirmatory test after completion of the
, progam, and alcohol or drug abuse prevents the employee from perfornung the essential
r h e o
f
irect threat to
ro e o t e saf
functions of the Job m question or constrtutes a d p p rty ty
others or otherwise constitutes a bona fide occupational qualification, the employee may
be discharged from employment.
(b) Second positive test result. Where alcohol or drug abuse prevents the employee from
performing the essential functions of the job in question or constitutes a direct threat to
property or the safety of others or otherwise constitutes a bona fide occupational
qualification, the employee will be disciplined, including, but notlimited to, discharge
from employment.
(c) Suspensions and transfers: Notwithstanding any other provisions herein, the City may
temporarily suspend the tested employee with pay for up to 90 days or transfer that
employee to another position at the same rate of pay pending the outcome of the
confirmatory test and, if requested, the confirmatory retest, provided the City believes
that it is reasonably necessary to protect the health or safety of the employees, or the
public.
(d) Other misconduct. Nothing in this policy limits the right of the City to discipline or
discharge an employee on grounds other than a positive test result in a confirmatory test,
including conviction of any criminal drug statute for a violation occurring in the
workplace.
Data Privacy:
The City will not disclose the test result reports and other information acquired in the drug or
alcohol testing process to another employer or to a third party mdividual, governmental agency,
or private organization without the written consent of the employee tested, unless permitted by
law or court order.
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Rights of Employees:
An employee has a right to of�er the City a written explanation of a positive test result on a
confirmatory test within three working days after notice of the positive test result, and has a right
to request within five working days after notice of a positive test result a confirrnatory retest of
the original sample at another licensed testing laboratory at the employee's or job applicant's own
expense.
Appeal Procedure:
Employees ma.y appeal decisions made by the City under this subsection through the grievance
procedure of this personnel policy. The City will not retaliate against an employee for pursuing an
appeal or other remedies provided in Minn. Stat. 181.956.
Good Faith Effort:
The City of Rosemount will make a continuing good faith effort to maintain a drug-free
workplace through the implementation of its Drug and Alcohol Testing Policy.
Contact:
The employer designated contact person will coordinate the implementation, direction, and
administration of the City's alcohol and controlled substances policy.
Employee questions concerning this policy should be directed to the contact person.
Susan M. Walsh, Assistant to City Administrator; Telephone: 322-2002
Section 9. WORKPLACE HARASSMENT POLICY
The City wants to maintain a comfortable and productive work environment that fosters
professionalism. Employees must be free to exercise their duties without fear of verbal or
physical intimidation or duress. The City realizes the seriousness of harassment and expresses its
earnest desire to prevent the occunence of such incidents.
Policy:
A fundamental and key policy of the City is to maintain a working environment which is free of
discrimination and harassment of any kind. Both Title 7 of the Federal Civil Rights Act of 1964
and Chapter 363 of Minnesota State Statutes prohibit discrimination and harassment (hereafter
abbreviated as"harassment") in the workplace. The City does not condone and will not
knowingly tolerate harassment by an employee of any other City employee,job applicant, official
or member of the public with whom employees come into contact while doing work. Simply put,
harassment has no place in the workplace. This section shall apply to all groups listed in Section
2.
13
What Consdtutes Workplace Harassment:
General Definition: Workplace harassment may be defined as: comments or actions with respect
to an employee's religion, race, color, creed, national origin, sex, marital status, age, sexual
orientation or medical or disabling condition which comments or actions causes an employee
worry or torment or forces the employee being harassed into situations or behavior not required
by that employee's job responsibilities.
Examples of Workplace Harassment: The following are some examples of conduct which may be
considered harassment:
(1) Remarks about a person's body, or sexual activities.
(2) Ra.cial, sexual or ethnic comments.
(3) Patting, pinching or unnecessary touching.
(4) Demanding or suggesting that sexual favors be granted and, if they are not, one's existing job
or promotional potential will suffer.
(5) Physical assault.
(6) Favoritism to one employee over another which has its origins in religion, color, race, se�c,
etc.
(7) Derogatory remarks about a person's age or physical condition.
(8) Relating of jokes or dissemination of pictures, cartoons or stories which are offensive because
they relate to race, se� age, etc.
(9) The display of pictures, posters, calendars, graffiti or similar materials which are sexually
suggestive, se�cually demeaning or pornographia
Reporting Workplace Harassment: '',
If an employee believe he or she has been the victim of harassment or has witnessed an act of '
harassment they are urged to bring it to the immediate attention of the City. Employees may do
so by filling out the required forms and meeting with the City officials designated to receive this
form and trained in dealing with such reports.
The City's designated officials is the Assistant to City Administrator at Rosemount City Hall,
telephone 423-4411, located lat 2875 - 145th Street West, Rosemount, MN 55068. Reports can
be made either verbally or in writing to the designated official at any time during work or off
hours subject to availability. However, harassment investigation cannot commence until the
necessary forms are complete.
14
If an employee has difficulty filling out the form, the designated official will assist the employee in
doing so.
Employees may also contact the following governmental organizations to report harassment:
Minnesota Department of Human Rights
500 Bremer Tower
7th Place and Minnesota Street
St. Paul, Minnesota 55101 �
(612)296-5663 �,
Equal Employment Opportunities Commission I
Room 178 ''�
110 South Fourth Street
Minneapolis, Minnesota 55401 '
(612)349-3495
Investigation of Harassment Reports:
All reports of harassment will be taken seriously by the City and will be investigated through the
conduct of interviews, examinations of relevant records and other inquiries. Although
investigations cannot be confidential, they will be handled with as much discretion as is reasonably
possible taking into account the need for a thorough investigative process.
Upon completion of the harassment investigation, the City will make a determination as to
whether harassment has occurred and will inform the subject of the alleged harassment and the
alleged harasser of its determination. Where the City has deternuned that harassment has
occurred, appropriate disciplinary action will be taken, up to and including termination of the
harasser.
Retaliation Prohibited:
The City will not tolerate any form of retaliation against an employee who makes a complaint or
participates in a harassment investigation. Examples of prohibited retaliation include discipline,
changing work assignments of, providing inaccurate work information to, or refusing to
cooperate or discuss work related matters with any employee because that employee has reported
harassment or cooperated in the investigation of a harassment report.
If the City determines that an employee has violated the prohibition against retaliation, that
employee will be subject to disciplinary action up to and including termination.
Section 10. USE OF VEHICLES
This policy sets forth regulations and procedures for both city owned vehicles and privately
owned vehicles operated on city business.
15
Use of City Vehicles:
(1) Any employee on City business shall use a City vehicle if possible. All use of City vehicles
must be approved by the immediate supervisor.
(2) The use of City vehicles for personal reasons is prohibited. Violation of this provision may
subject the employee to disciplinary action.
(3) An employee using a City vehicle must have a valid driver's license and follow all traffic
regulations. '
(4) An employee shall not transport another employee to and from work and home except in '
emergency situations. '
(5) Some positions require that the employee be allowed to take a City vehicle home. The
following criteria shall be used to determine which employees sha11 take vehicles home.
(a) The employee responds to emergency situations.
(b) The employee responds to call outs after working hours.
(c) The employee responds to situations requiring specialized equipment contained in
vehicles.
(d) A situation where it is more economical to use a City vehicle.
(e) The levei of City service will be improved significantly.
(6) The following are conditions relating to vehicles taken home:
(a) Vehicles shall be used for City business only.
(b) The employee shall live within the City.
(c) The vehicle shall not be parked on the street overnight and inside a garage if possible.
(d) Employees cannot transport anyone in the City vehicle unless such persons are
conducting business with the City.
(e) The vehicle sha11 be left with the respective department when the employee is on
vacation.
Use of Private Vehicles:
(1) Using a private vehicle for City business requires prior appraval.
(2) Mileage reimbursement will be made at the current rate established by the IRS.
(3) According to standard insurance requirements, any employees receiving reimbursement for
personal vehicle use will assume liability through their own vehicle insurance in the event of
an accident.
(4) Employees will not be reimbursed for mileage incuned to and from home and the fire station.
16
1
Accirlents:
Accidents involving City or personal vehicles on City business should be reported immediately.
Section 11. DRIVER'S LICENSE
All firefighters are required to possess a valid, unrestricted drivers license. It is assumed that in
emergency conditions, all personnel shall be able to operate fire apparatus including driving the
apparatus. A valid, unrestricted drivers license is therefore required.
Employees must immediately notify the fire chief if their drivers license is revoked or restricted.
In the event a license is modified in any way the State of Minnesota which restricts driving
privileges, the conditions must clearly state the person is able to respond to fire and emergency
calls, participate in fire training activities and operate fire department emergency vehicles.
Firefighters whose driving privileges are revoked or modified in such a way that they cannot fully
participate in fire activities and/or drive department emergency vehicles may be placed on inactive
duty status during the period for which their license is restricted.
Section 12. LEAVES OFABSENCE
Any firefighter, including probationary employees,may request a leave of absence from active
duty on the fire department. Such requests shall be in writing and presented to the fire chief who
sha11 recommend approval or disapproval.
Personal Leave of Absence:
(1) Upon affirmative recommendation from the fire chief,the city administrator may approve a
personal leave up to ninety (90) days.
(2} Personal leave of more than ninety (90) days and up to one hundred eighty(180) days
requires city council approval.
(3) While an employee is on a personal leave, he/she shall be placed on inactive duty status; and
the time on personal leave does not count towards time-of-service.
Medical Leave of Absence:
(1) All requests for medical leave of absence shall be accompanied by a written statement from a
physician stating that the firefighter is not able to perform the essential duties of the position
for some specific period of time. Additional statements from the physician may be required
by the fire chief at reasonable intervals to document that the individual is still not able to
return to work.
17
(2) The city administrator may appr6ve a medical leave up to sixty (60) days.
(3) A medical leave of more than siacty(60)days requires city council approval.
(4) Any firefighter who returns to duty following a medical leave in excess of sixty(60) days may
be required to take a physical examination before returning to active duty.
(5) Approved medical leaves of sixty(60) days or less per calendar year, does not affect an
employee's time-of-service.
Section 13. PARTICIPATION REQUIREMENTS
All duly appointed firefighters shall meet all fire call and training requirements as listed below.
Such requirements shall include, but not be limited to, percentage of attendance requirements for
fire calls and departmental training activities, completion of other required training and
participation in annual health examinations. Failure to meet minimum participation requirements
shall be cause for ternunation.
Fire Call Attendance Percentage:
(1) Firefighters Fire Ca11 Attendance Percentage: All firefighters shall maintain a minimum fire
ca11 attendance of thirty (30) percent of all paged ca11s that occur.
(2) Failure to Maintain Fire Call Attendance Percentage: Failure to maintain the minimum fire
call attendance percentage sha11 be cause for disciplinary action. Fire call attendance I
percentage shall be reviewed on a quarterly basis. During any quarter, if a firefighter fails to
meet minimum fire call attendance percentages, s/he shall be subject to disciplinary action. i
The first occasion shall result in a verbal warning. The second shall result in a written
warning. The third occasion shall result in a suspension from the fire department for fifteen ��
(15) days. On the fourth occasion, the fire chief shall recommend termination. i
Fire officer fire call minimum attendance requirements shall be reviewed quarterly and shall
be cause for the same disciplinary action as for firefighters, except on the third occasion, the '
fire officer shall be demoted to firefighter as well as serving the fifteen(15) day suspension. i
(3) Excused Absences from Fire Calls: Firefighters may be excused from fire calls if they have �'
received prior approval for missing fire calls due to involvement in other fire department '
activities. A written request for excused absences shall be submitted to the fire chief in '
advance for review by the chief officers of the period being requested for an excused absence.
18
Fire Training Attendance Percentage:
(1) All firefighters shall maintain a minimum fire training attendance percentage of sixty-six(66)
percent. Drill attendance may be excused due to military duty and jury duty. Firefighters
may receive credit for attending drill if they participate in other fire related pre-approved
training. Firefighters requesting credit for drill for other training shall submit such requests in
writing to the fire chief for consideration by the chief officers. The written request should
detail the subject of the training, detail of the lesson, the instructor, the location, date and
time.
(2) Failure to Maintain Fire Training Attendance Percentage: Failure to maintain the minimum
fire training percentage sha11 be cause for disciplinary action. Fire training attendance
percentage shall be reviewed on a quarterly basis. During any quarter, if a firefighter fails to
meet minimum fire training percentage, s/he shall be subject to disciplinary action. The first
occasion shall result in a verbal warning. The second shall result in a written warning. .The
third occasion shall result in a suspension from the fire department for a period of fifteen (15)
days. The fourth occasion shall result in a recommendation by the fire chief for ternunation.
Fire officer minimum training attendance shall be reviewed quarterly and shall be cause for
the same disciplinary action as for firefighters; except on the third occasion, the fire officer
shall be demoted to firefighter as well as serving the fifteen{15) day suspension.
(3) For the purpose of determining the appropriate discipline for failure to maintain minimum fire
ca11 and/or training participation, the City shall consider such failures occurring during the
year preceding the most recent occurrence. If no failure to meet minimum requirements has
occurred during such one year period, failure to maintain minimum fire call and/or training
participation shall be considered a first occurrence.
Section 14. OFFICER SELECTIDN PROCEDURES
The fire chief, assistant chief and secretary shall be selected and assigned by the city administrator,
subject to confirmation by the city counciL
The fire chief shall be selected from applicants meeting the minimum qualifications for the
position. Applicants will be interviewed by a selection panel of six members, three members of
which shall be firefighters. Firefighters wishing to serve on the panel will volunteer. If more than
three firefighters volunteer, selection will be made by the city administrator. In the case of the fire
chief, the city administrator may interview the candidates. The city administrator shall make
his/her selection as to the candidate deemed to be most qualified for assignment as fire chief and
submit the recommendation to the city council for confirmation.
In the case of the assistant fire chief and secretary, the fire chief may interview the finalists
recommended by the selection panel established as provided in the preceding paragraph. The
19
fire chief shall submit his recommendation to the city administrator. The city administrator may
elect to interview the candidates before forwarding a recommendation to the city council for
confirmation.
The term of assignment to the position of fire chief, assistant chief and secretary shall be three(3)
years; provided, however, any person holding such position may be assigned for additional terrns
by the city council. The fire chief, assistant fire chief and secretary may be removed from their
position by the city council with or without cause.
The term of assignment for the positions of training coordinator, captain, lieutenant, fire
prevention officer and safety officer shall be one(1)year�, provided however, any person holding
such position may be assigned for additional terms by the city council. Employees assigned to
these positions may be removed from their position by the city council with or without cause.
The fire chief shall recommend to the city council candidates for appointment to these positions.
The terms of Fire Chief, Assistant Chief and Secretary shall be staggered so that the respective
terms do not terminate at the same time. In order to accomplish this, the appointments in 1998
for these positions shall be as follows:
Fire Chief: 3 years Assistant Chief 2 years Secretary: 1 year.
In 1998, the fire chief appointment shall be made shall be made on or about February 1, 1998 and
the assistant chief and secretary appointments shall be made on or about March 1, 1998.
After completion of the 1998 appointments, the terms of assignments for these positions sha11 be
three years.
Section 15. DISCIPLINE
The city affirms its right and responsibility to develop and administer the regulations, disciplinary
measures and general work rules necessary to enure efficient operation of services, fair treatment
and safe working conditions. The city reserves all rights and privileges not specifically addressed
in these regulations.
Cause: Any disciplinary action shall be for a reasonable or just cause and may include, but will
not be limited to, the following: �I
(1) Conduct or performance which fails to satisfy the duties, responsibilities, quantity, quality or �',
safety rules of the job.
(2) Violation of any Rosemount Fire Department and/or City of Rosemount policy, rule or
regulation or reasonable order, or failure to obey any direction made and given by an officer
or firefighter in charge where such violation or failure to obey amounts to an act of
insubordination or breach of proper discipline or disgraceful conduct, committed on duty.
20
(3) Restriction, interference or harassment of others in the performance of their job, which is
adversely distracting or disrupting the well being of others.
(4) Negligence or willful destruction or abuse of any City property or material, misappropriation
and/or mismanagement of City property or funds, theft, fighting, possession of illegal
weapons and falsifying or destroying City reports or records, including falsification of an
employee's time card.
(5) Reporting to work under the influence of alcohol, illicit drugs or controlled substance or
possession or consumption of same while on the job.
(6) The solicitation or acceptance of money, gifts or valued items which may be construed as
evidence of favoritism, coercion, unfair advantage, collusion or otherwise impacting the
decisions of an employee in public matters.
(7) Misrepresentation of a material fact on an employment application, resume, medical history
or other document supplied to the City for the purpose of determining suitability for
employment or promotion.
(8) Use of official position for personal advantage
(9) Use of offensive conduct or language towards the public or municipal officers or employees.
(10) Inducing or attempting to induce an officer or employee of the City to commit an unlawful
act or to act in violation of any lawful and reasonable official regulation or administrative
order.
The foregoing rules are not intended to be an a11 inclusive listing of proper standards of conduct
or obligations which employees must observe at all times. Misconduct not covered by these rules
will be treated as a violation of a general rule requiring effective job performance, the
maintenance of good order and recognized business deportment.
Process:
The city embraces the philosophy of progressive discipline where appropriate but maintains that
any incident of employee misconduct or vioiation of this policy may result in discharge, depending
upon circumstances. Supervisors shall inform the fire chief and the city administrator of each
step of disciplinary action prior to initiation to ensure consistency. There may be circumstances
that warrant deviation from the suggested order or where progressive discipline is not
appropriate.
Employees shall be permitted to respond to formal disciplinary action by written response to the
disciplining authority and the employee's personnel file. I
(1) Verbal Warning: An informal action by the supervisor to inform an employee of a minor or ',
first occunence of a policy violation, misconduct, or deficiency. A verbal warning shall ,
21
include the unacceptable performance or misconduct, the desired improvement and the
consequenees for failing to correct the infractions. Documentation of this warning may be
filed in the employee's personnel file. '
(2) Written Warning: A formal action by the supervisor, providing official notice of the violation,
deffiency or misconduct, the corrections and time frame expected and the consequences for
failing to conect the infractions. Written warnings shall be placed in the employee's
personnel file. '
(3) Suspension: An employee may be temporarily removed from their assigned position, with or
without compensation for a period not to exceed thirty(30) days. The notice of suspension
shall be written, and shall notify the employee oE the unacceptable behavior or performance,
the desired performance and the consequences if not conected. Whenever an employee is
suspended during an investigation, and such employee is subsequently exonerated, the
employee shall be reinstated without loss of service credit.
(4} Demotion or Discharge: The city administrator may recommend to the city council that an
employee be dernoted or removed from continued employment with the city.
Section 16. GRIEVANCE PROCEDURE '�,
A grievance shall mean a claim or dispute by an emp�oyee with respect to the interpretation,
meaning or application of the provisions of fire department policies and procedures. It is the
policy of the city to afford all employees a rneans of,obtaining further consideration ofproblems
when they remain unresolved at the supervisory leve� and to establish policies and procedures that
provide for timely resolution of grievances. Reasonable attempt will be made to resolve the
grievance to the mutual satisfaction of the employee'and the city.
Procedure: '
Step 1: An employee must present a grievance in writing within twenty-one(21)calendar days
of its alleged occurrence to the employee's',immediate supervisor and the fire chief. The
written grievance shall set forth the nature of the grievance, the facts on which it is
based, the policy or procedure violated and the remedy requested. The supervisor and
fire chief will attempt to resolve the grieva�ce and give an answer in writing within ten
(10) calendar days after receipt. A grievance not resolved in Step 1 shall be appealed to
Step 2 within ten(10) calendar days after the supervisor and fire chiefs final answer in ��,
Step l. Any grievance not appealed in writing to Step 2 by the employee within ten(10) '
calendar days shall be considered waived. '
Step 2: A grievance unresolved in Step 1 and appealed to Step 2 or a grievance by an employee
for whom the city administrator is the immediate supervisor shall be submitted in writing
to the city administrator within ten(10} calendar days. The city administrator will give
an answer to Step 2 within ten (10) calend�r days after receipt.
Step 3: If the grievance is not resolved in Step 2, the employee may appeal the grievance in
22 '
writing to the city council within ten(10) calendar days of the city a ministrator's
response in Step 2. Any grievance not appealed in writing to Step 3 y the employee
within ten(10)calendaz days shall be consid'ered resolved. The city ouncil shall render
a decision within thirty(30) calendar days. '
23 '
!
CITY OF ROSEMOUNT
DAKOTA COUNTY,',MINNESOTA
ORDINANCE NO. X.5
AN ORDINANCE AMENDIN�TITLE 6, CHAPTE 2
OF THE CITY CODE PERTAINING TO THE FIItE DEPA TMENT
The Ci Council of the Ci of Rosemount Minnesot ordains as follows:
n' tY , �,
Section 1: Title 6, Chapter 2, of the Rosemount City Code is hereby amende in its entirety to read
as follows:
CHAPTER 2
FIRE DEPARTMENT
SECTION:
6-2-1: Organization
6-2-2: Relief Association
6-2-3: Interference with Department, Penalty
6-2-1: Organization: The fire department created by Ordinance No. X.1 on ugust 16, 1973 shall
consist of such number of officers and paid-on-call firefighters as the ity Council deems
necessary to meet the needs of the City. ''
6-2-2: Relief Association: The officers and firefighters may organize and inc rporate a relief
association in accordance with the laws of the State of 1V�innesota.
6-2-3: Interference with Department, Penalty: It shall be unlawful for any pe son to give or make, or
cause to be given or made, an alarm of fire without probable cause, o to neglect or refuse to
obey any reasonable order of the chief at a fire, or to interfere with th department in the
discharge of its duties; and any person guilty'of violating any provisio of this Chapter is
guilty as provided by State law. ',
Section 2: This ordinance sha11 be effective immediately upon its passage and publication.
ADOPTED this 17th day of June, 1997. '
II Cath Busho, Ma or
Y Y
ATTEST:
n i rk '
Susa M. Walsh C t Cle
, Y
Published this day of June, 1997 in the Rosemount Town Pages.
6-2-1 , 6-2-1
CHAPTER 2 ������ �
F1RE DEPARTMENT
SECTION: '
6-2-1: Fire Department Established; Organization
6-2-2: Duties '
6-2-3: Fire Fighters, Qualifications
6-2-4: Present Members '
6-2-5: Relief Association '
6—2—6: I nterference W ith Department, Penalty
6—2-1: FIRE DEPARTMENT ESTABLISHED; ORGANI TION:
A. Membership: There is hereby established in the City a olunteer Fire
Department consisting of a Chief; an Assistant Chief, a Fire Marshall,
secretary, and not less than twenty five (25) nor more tha one hundred
(100) fire fighters. (Ord. X.3, 2-1',7-81)
B. Election or Appointment: The Chief of the Fire Depart ent shall be
elected to a two i2) year term in'n each even year by th members of
the Fire Department at the regular election beginning in t e year 1986.
Assistant Chief and secretary sh�l1 be elected by the m mbers of the
Department to a one year term at the annual election. Th Fire Marshall
shall be appointed by the Fire Chief annually. Each elected and appointed
position shall be subject to Council confirmation and hol office for the
period designated or until his sucGessor has been duly selected, except
'uncil for cause after a ublic hearin .
that he may be removed by the Co 9
Fire fighters and probationary fire fighters shall be ap ointed by the
members of the Department, subject to confirmation by t e Council. Fire
f i h t e r s s h all c ontinue as memt�ers af the De partmen durin g good
9
behavior and ma be removed by the Council only for cause after a
, Y
public hearing. (Ord. X.4, 4-1-86)
C. Bylaws: The Fire Department may adopt bylaws by a wo-thirds (Z/s)
vote of its membership, subject ',to confirmation by th Council. The
bylaws shall be consistent with this Chapter, and all other present or
subsequent City ordinances. If the Department's bylaw conflict with
a City o�dinance, the City ordinance shal� prevaiL
D. Compensation: The members and officers of the Fi�e D partment shall
receive compensation as determined by the members, subject to approval
by the Council. (Ord. X.3, 3-17-81)
988
-- _ __ _ _ �� _ -----
6-2-2 6-2-2
6—2—2: DUTIES:
A. ��� Fire Marshall: The office of Fire Marshail may be held by t e Chief or
by the Assistant Chief. The Fire Marshall shall be charge with the
enforcement of all ordinances aimed',at fire prevention.
B. Fire Chief: '
1. Generally: The Chief shall have controi of all the fire fightin apparatus
and shall be solely responsible for its care and condition. He shall make
a report, semi-annually, to the Council at its meetings in arch and
September as to the condition of the equipment and needs of the Fire
Department. He may submit additional reports and recomme dations at
any meeting of the Council, and he shall report each suspen ion by him
of a member of the Fire Department at the first meeting of he Council
following such suspension. He shall be responsible for the pro er training
and discipline of the members of the Fire Department, and m y suspend
any member, pending final action ''by the Council on di charge or
retention.
2. Records: The Chief shall keep in convenient form a com lete record
of all fires. Such a record shall include the time of the alar , location
of fire, cause of fire (if known), typ� of building, name of owner and
tenant, purpose for which occupied', value of building an contents,
members of the Department responding to the alarm, and such other
information as he may deem advisaGle, or as may be require from time
to time by the Council or State Insurance Department.
3. Practice Drills: It shall be the dut',y of the Chief to hold a monthly
practice drill of at least one hour's duration for the Fire Depa ment, and
to give the fire fighters instruction in'approved methods of ire fiighting
and fire prevention.
C. Assistant Chief: In the absence or disability of the Chief, t e Assistant
Chief shall perform all the functions �nd exercise all the aut ority of the
Chief. '',
D. Fire Fighters: It shall be the duty of a fire fighter to prot ct life and
property in case of a fire or other disaster or emergency the epartment
is called for. Fire fighters shall respand to the station for a I alarms, or
as designated by the Chief or Assistant Chief. Fire fighters sh II participate
in meetings, drills, and other Departm�nt training activities, a d shall keep
the apparatus, tools and equipment in good condition. Afte each alarm
or training session, fire fighters shall'be sure all equipment nd vehicfes
are properly serviced, housed and ready for futher service b fore leaving I
the station. They shall keep the station and premises neat, clean, and I
in good order. A fire fighter shall assurne command at a fire o emergency ,I
in the absence of an officer. Fire fic�hters shall as part of heir duties: I
ssa '
, 6-2-2 ,, 6-2-6
D) atte�d community activities, trans,port nonfire fighting personnel during �
parades and community activities, provided assistance to i dividuals using
the specialized toois of the Fire Department, provide as istance along
road ways, standby at open burning situations, standby at community
activities, provide assistance with r�vash downs of areas, ompete in Fire
Department activities, engage in fire prevention activitie , and perform
other fire fighter activities or retated work as required � assigned by
the Chief or Assistant Chief. (Orci. XV111.7, 7-19-88)
6-2-3: FIRE FIGHTERS, QUALIFICATIONS: The Assis ant Chief and
fire fighters shal! be able';bodied and not less han eighteen
(18) nor more than sixty (60) years of age. They shall become members of
the Fire Department oniy after a twelve '(12) month probation ry period. The
Council may require that each candidate, before he may become a probationary
fire fighter, must satisfy certain minimum requirements of h ight, weight,
education and any other qualifications w,hich may be specified y the Council
and that he must pass satisfactorily a mental and physical e amination.
6-2-4: PRESENT MEMBERS: Persons who are memb rs of the Fire
Department at the time of the adoption of the provisions of
this Chapter shall not be required to servei a probationary period efore receiving
fire fighter's rating. '
6—2—5: RELIEF ASSOCIATION: The mem bers and offi ers of the Fire
De artment ma or anize'' themselves into a Fi emen's Relief
P Y 9
Association. ', I
, i
6-2-6: INTERFERENCE WITH DEPARTMENT, PEN TY: tt shall be �
unlawful for any person to give or make, or cau e to be given ',
or made, an alarm of fire without probable cause, or to negle t or refuse to i,
obey any reasonable orde� of the Chief at the fire, or to interfer with the Fire '
Department in the discharge of its duties;' and any person convi ted of violating
this Section shall be punished by a fine not exceeding five hundred dollars ',
(5500.00), or by imprisonment for a pe,riod not exceeding ninety (90) days,
or both. (Ord. X.3, 2-17-81) '
1.See also subsection 7—7—t L of this Code. '
988
CITY OF ROSEMOUNT
EXECUTIVE SLT�vIMAKY FOR DISCUSSION
COMNIITTEE OF TI�WHOLE '
DATE: J(JNE 16, I,1997
AGENDA ITEM: TRANSIT TAX LEVY AGE DA NO. 2. E.
PREPARED BY: JEFF MAY, FINANCE DIRECTOR '
ATTACHMENTS: LETTER, WORKSHEET FROM DEPT. OF
REVE1vI.TE ' L,,,,,,
Attached for your review is a letter from the Department of Revenue concerning th transit tax levy with a
worksheet that calculates the amount that the City of Roseinount can levy for 1998. As you may recall, the City
certified a similar amount to be levied for 1997 about this time last year. When we id more research into the
matter and discovered the ramifications that the levy would'�have on the City's porti n of property t�es, we
rescinded our decision during the budget process last year and did not levy that am unt for the transit taa�. We
were the only MVTA city that did not levy the t�for 1997;. We chose to have the et Council handle our share
of the MVTA costs as it always had in the past without negatively affecting our Cit 's property t�rate. If you
will recall, many cities complained about our lack of participation in this new progr m. Today, staff has had
conversations with most of the MVTA cities and we are confident that the decision hat we made had no adverse
affect on our bus services and did not a.i�ect our tax rates either.
Based on the information in the attached letter we seem to have two options: (1)D nothing which will mean
that we will not levy a transit tax and continue on the way we always had; or(2)ta e action to certify the
amount included with the worksheet attached for a transit t�levy that will increase the City's overall ta�c rate.
It is stai�s recommendation that we proceed with option (1) and continue on as we always have. If it is the
Council's wish to proceed with option(2) we will bring forth a resolution for your pproval at the June 17th
meeting. !
RECOMN�NDED ACTION NOTES: ',
I��Il�TNESOTA Department of Revenue '
PY0�3@1'f�/ TaX �IVIS1017 I Mail Station 3340 St. Paul, MN 55146-3340
', Phone(612)296-3 55 Fax(612)297-2166
May 22, 1997
Thomas Burt
City Administrator ',
City of Rosemount '
P.O. Box 510 '
Rosemount, Minnesota 55068-0510
Dear Mr. Burt: '',
T'he payable 1998 transit services levy limitation for operating co ts and capital
expenditures for the city of Rosemount h�s been determined. This levy limitation is
determined and certified under M.S. 473.388, Subd. 7. The enclos d table shows the
determination of this levy limitation. '
The statute requires that a municipality which intends to exercise e transit services local
levy option for the taxes payable year 1998 must notify the Dep ent of Revenue and
the Metropolitan Council of its intent on br before June 30, 199?. e notification must
include the amount of the municipality's�roposed transit tax for 1 vy year 1997,taxes
payable 1998. '
If your city intends to levy a transit tax under the transit services 1 callevy option for the
taxes payable year 1998,please send us a',certification of your ci 's intent along with a
certification of your city's proposed payable 1998 transit tax on o before June 30, 1997.
If the required certification is not received by the due date,your ci may not levy a
transit tax for the taxes payable year 1998.
If you have any questions concerning this letter or the enclosed ta le, please contact me.
Sincerely, '
� � L��
Richard B. Gardner '
Research Analyst Supervisor Senior ',
Enclosure '
I r��^r'��,t^r'
+"i,�-,a�. t ..
cc: Richard P. Johnson, Associate Regional Administrator
Metropolitan Council ! ��A�� 2 � �g�
Tim Fleetham, Budget Coordinator'
Metropolitan Council ,
An equa!opporruniry employer ', /TDD:(612)215-0069
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1. Payable 1997 Met. Council Transit Tax Revenues in City
a. Net Tax Payable (Spread Levy) 258,201
b. Fiscal Disparity Distribution Tax 30,905
c. Homestead and Agricultural Credit Aid (HACA) 73,129
d. Total (a+b+c) 362,235
2. Beginning Levy Limit Base for City (88%of Line 1 d) 318,767
3. Payable 1996 Total Taxable Market Value* 522,318,700
4. Payable 1997 Total Taxable Mazket Value* 568,608,100
5. Payable 1997/Payable 1996 City Market Value Ratio (4/3) 1.088623
6. Payable 1998 Levy Limit(2 x 5) 347,017
* Includes tax increment values, fiscal disparity values, and powerline cr dit values.
However, the amounts shown are after(1) limited market value adjus ents and(2)
market value exclusions for improvements made to qualifying homeste d property
("This Old House" exclusions).
Prepared by: Minnesota Department of Revenue
Property Ta�c Division
May 22, 1997
r � � , � .
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To: MAYOR BUSHO AND ALL COUNCIL MEMBERS
From: Patrick Long
Firefighter
Date: June 14, 1997
Re: Fire Departmen�Bylaws
_
�
I am writing this letter as a citizen and a firefighter of the Rosemount Fire De artment I am
speaking for myself and by no means as a representative of the Rosemount F' e Department.
First, I would like thank everyone that devoted their time and effort to try an make the Fire
Departments Bylaws legal and applicable.
When the City Administrator became aware that the Fire Department Bylaws ad many problems
legally and otherwise, he told us that it would not be a fast process and that e would have to be
patient. I feel that only receiving this document on Tuesday the l Oth of June i rushing the issue
for a vote on Tuesday the 17th of 7une. We only went through the Bylaws o the 10�`of 7une
stating our concerns to Sue Walsh. It took a lot of people's time to go throu h these Bylaws,
why not make them as right as possible. I feel that there are many, many prob ems with this
agreement that should be addressed thoroughly before adoption is completed.
Just to make you awaxe, some of my concerns are as follows:
1) I personally have great concern with becoming an at-will employee. I feel there is no
reason for a city, or any other employer for that matter, should have t e right to terminate
an employee without cause.
I was told that all the other city employees are at-will employees. I w uld have to see
documentation on that to believe it; the reason I say this is with most ity employees
' belonging to unions, I find it hard to believe that the union would ente into an
employment contract like that.
2) Training is e}rtremely important to me personally and i feel that is also very important to
the Department. The 16 hours of paid training that is proposed is a`c mpromise I
understand and can live with it. On the other hand, some of us need d attend much
much more training then that. The section regarding training in which don't understand is
when one person(for some reason or another)is not going to use thei training hours they
r II
♦ I
! I
should be able to give those paid hours to someone that needs training The Department �!�
is going to benefit from this training and if someone is willing to go to raining, why
should they have to wait until next yeax to go instead of getting done ead of time. This ,
money is budgeted to go for training anyway and I don't understand hat the conflict
would be. Most new Department Members who need a lot of training up ftont will go to
a lot more unpaid training hours anyway.
My personal request is that the City Council not act in hast, when all it would ake is a little more
time to think these things out thoroughly.
All I am asking for is a continuation on these Bylaws of thirty or si}rty days so every thing is legal
and fair to all parties.
Thank you for your consideration.
, Pat Long
cc: Rosemount Fire Department
x �
-2-
� I �Y
FIKE DEPARTMENT', JUNE 13, 1997 �
New Firefighter Cast:
Medical Exam $ 500
Background check 34
Gear 1,200
Pay 3,000
Firefighter I 200
Haz Mat 200
First Responder 200
$5,330
In 1997 funds were budgeted to add 3 firefighters.
In 1998 funds were budgeted to add 3 firefighters
City council add 5 firefighters in 1997 and have no added impact on 1997 & 1998 due to two
resignations, leave of absences, no advanced credits for July-December, 1997 and fewer captains.
If City adds 9 firefighters in 1997: over budget by $4500-$6000
If City adds 9 firefighters in 1997 and still iure 3 in 1998, will need additional $15,000. —
If City adds 9 firefighters in 1997 and do not hire any in 1998, need additional $4,000