HomeMy WebLinkAbout6.a. Personnel Policy CITY OF ROSEMOUNT
0 EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: FEBRUARY 20, 1996
AGENDA ITEM: PERSONNEL POLICY AGENDA SECTION:
NEW BUSINESS
PREPARED BY: SUSAN M. WALSH AGENDAIi�E A # Q
ADMINISTRATIVE ASSISTANT / C�V1 (� 'F4
ATTACHMENTS: POLICY;RESOLUTION APPROVED BY:
For council consideration is a new personnel policy which would replace the existing one which has been in
effect since 1976. Most of the sections of the new policy have already been adopted by the City Council or have
been in place procedurely through management rights. The policy was mostly drafted from other cities' policies
and includes benefits that nonunion employees currently receive. The policy also includes the two drug and
alcohol policies recently adopted by the City Council.
RECOMMENDED ACTION: MOTION TO ADOPT THE CITY OF ROSEMOUNT PERSONNEL
POLICY
L
CITY OF ROSEMOUNT
PERSONNEL POLICY
FEBRUARY, 1996
TABLE OF CONTENTS
Section Number Section Name Page Number
1 Purpose 1
1 2 Scope 1
3 Applicability to Unionized Personnel 2
4 Statement of Non-Discrimination 2
5 Definitions 2
6 Outside Employment 3
7 Requirement of Physical&Psychological Exam 4
8 Background Investigations 4
9 Probationary Period 5
10 Position Classification 5
11 Compensation Plan 6
12 Longevity Pay 6
13 Work Schedule 6
14 Performance Evaluations 6
15 Promotions 7
16 Employment of Relatives 7
17 Smoke Free Workplace 7
18 Drug and Alcohol Testing Policy 8
19 Federal Omnibus Transportation Employee Testing 17
Act and Related Regulation
20 Workplace Harassment Policy 28
21 Life Threatening or Catastrophic Illness 30
22 Political Activity 31
23 Use of Vehicles 31
IrctionNumbctionName Page Number
24 Holidays 33
25 Vacation 33
26 Tuition Reimbursement Program 34
27 Sick Leave 35
28 Donated Sick Leave 36
29 Worker's Compensation 36
30 School Conference and Activities Leaves 37
31 Funeral Leave 37
32 Military Leave 38
33 Time Off to Vote 38
34 Jury Duty 38
35 Family and Medical Leave of Absence 39
36 Parental Leave 40
37 Personal Leaves of Absence Without Pay 41
38 Unapproved Absences 41
39 Severe Weather Conditions 42
40 Insurance Benefits 42
41 Discipline 42
1 42 Grievance Procedure 44
43 Layoffs 45
44 Voluntary Termination 45
45 Severance Pay 46
46 Retirement Pay 46
CITY OF ROSEMOUNT
P 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. Any term and condition of
employment not specifically established in the 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 determine 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 employee policies. 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. SCOPE
This personnel policy applies to all City of Rosemount employees except the following:
(1) All elected officials and members of boards, commissions and committees;
(2) Volunteer firefighters, except where specifically indicated;
(3) The city administrator, if covered by a separate employment agreement;
(4) Consultants rendering professional services;
(5) Temporary employees;
(6) Independent consultants, except where specifically indicated.
Section 3. APPLICABILITY TO UNIONIZED PERSONNEL
The provisions of these policies and procedures shall apply to all organized personnel who work
under negotiated agreements with the City. In the event of a conflict between the terms of an
employee agreement and the personnel policy, the terms of the negotiated agreement shall take
precedence and those employees subject to the agreement shall be so regulated.
Section 4. STATEMENT OF NON-DISCRIMINATION
It is the policy of the City to provide equal employment opportunity to all persons. All
employment policies and practices shall be non-discriminatory in compliance with federal laws,
state statute and local ordinances. No individual shall, on the basis of race, orientation, age,
marital status, disability or status with regard to public assistance shall be excluded from
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employment or be subjected to discrimination regarding any and all terms and condition of
employment by the City.
Section 5. DEFINITIONS
When used in this policy the following terms shall have the meanings ascribed to them:
Absent Without Leave: Any absence of an employee from duty including any absence for a single
day or part of a day that is not authorized by a specific leave of absence or time off under the
provisions of this policy.
Anniversary Date: The month and day of initial hiring or promotion of a regular full-time or
regular part-time employee.
Demotion: The movement of an employee to a position of having a lower pay range and/or lesser
responsibility than previously held.
Exempt Employee: Executive, administrative and professional employees as defined by the
federal Fair Labor Standards Act.
Non-exempt Employees: Generally all employees as defined and subject to the Fair Labor
Standards Act with the exception of those employees (exempt) defined as executive,
administrative, or professional.
Probationary Employee: A newly appointed employee who has not completed his/her designated
probationary period for the regular full-time position or regular part-time position he/she
occupies. During this period he/she may be separated from service without recourse to appeal.
Probationary Period: A trial period considered as an integral part of the induction process during
which a new employee is required to demonstrate his/her fitness for the position prior to
appointment to a regular full-time or regular part-time position.
Promotion: The placement of any employee in a position having a higher pay range and/or more
responsibility than the position previously held.
Regular Full-Time Employee: An employee in a position that is to be regularly budgeted, who
works a 40 hour work week and has successfully completed a probationary period.
Regular Part-Time Employee: An employee in a long term, regularly budgeted position who
works less than the 40 hour work week and has successfully completed a probationary period.
Resignation:Employment termination initiated by the employee who chooses to leave the
organization voluntarily.
Retirement: Voluntary retirement from active employment status initiated by the employee.
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Separation: The separation of an employee from municipal employment resulting from discharge,
resignation, retirement or death.
Temporary Employee: Either a full-time, part-time, seasonal, intern or student employee who is
scheduled to work on an as needed basis.
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Section 6. OUTSIDE EMPLOYMENT
Any employee may hold a part-time job in addition to employment with the City, subject to the
following:
(1) Any outside employment shall be secondary to City employment and shall not interfere
with nor impair the proper performance of the City employment.
(2) All City employees are subject to call at any time for emergencies, special assignment or
overtime duty and no secondary employment may infringe upon this obligation.
(3) No employee shall perform any outside employment which in the opinion of the City
Administrator or designee, constitutes a conflict of interest or gives the appearance of a
conflict of interest.
Any outside employment which may reasonably be argued to involve a conflict of interest or the
appearance of a conflict of interest must be discussed with the employee's department head. In
this regard, all employees engaged in outside employment must submit the following information
to the department head:
(1) Name and address of outside employer.
(2) Position held with outside employer and brief description of duties and responsibilities.
Section 7. REQUIREMENT OF PHYSICAL & PSYCHOLOGICAL EXAMINATION
An applicant or employee, including volunteer firefighters, 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 may be required to undergo
and pass an appropriate pre-placement health screening, and may be required to undergo a
physical and/or psychological examination prior to appointment to a position. The City will pay
the total cost of such conditional offer, pre-employment examinations. A medical evaluation
report shall be prepared and filed with the Administration Department.
If a medical evaluation report indicates that an otherwise eligible applicant for employment has a
mental or physical 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 applicant ineligible for consideration for appointment to the position.
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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 a department head to have a condition that may substantially affect the
employee's ability to perform the essential duties and responsibilities of the position involved, or
causes the employee to use sick leave in an excessive manner, the City may require such employee
to discontinue work immediately and be examined at the City's expense by a qualified physician or
psychologist approved by the City. Upon proper medical release, the physical shall provide a
medical evaluation report to the City. An employee required to discontinue work may not return
until authorized by the physician approved by the City.
If, upon receipt of the physician's report, the City determines that the employee is unable to
perform the essential duties of the current position, the employee may be eligible for a transfer to
a vacant position for which the employee is proven to be qualified.
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 his/her Department Head of such treatment.
Section 8. BACKGROUND INVESTIGATIONS
Upon the request of the City Administrator or designee, the police department shall provide
certain criminal history data contained in the Minnesota Criminal Justice Information System. The
data to be provided must only be about finalists for city positions of employment. 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. This section may be applicable to applicants for the volunteer fire department.
Section 9. PROBATIONARY PERIOD
The probationary period shall be regarded as an integral part of the terms and conditions of
employment.
Any original appointment as a regular employee shall be subject to an initial probationary ry p eriod.
During the probationary period, an employee may be transferred or 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 employee's supervisor 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 employee.
All promotions shall be subject to a probationary period. If the employee who has been promoted
is found unsuited for the work of the position to which promoted, such employee may be
reinstated to the position and rate of pay previously held or to some other position in the class
from which such employee was promoted, provided such position is vacant.
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Probationary periods shall be as follows:
Police officer One year
All other regular full-time and part-time employees Six (6) months
The City Administrator may extend the probationary period for specific individuals for an
additional six month period, not to exceed one(1)year, upon the recommendation of the
employee's department head.
During the first three (3) months of the initial probationary period, but not during a promotional
probationary period, a probationary employee shall not be entitled to vacation leave. After
completion of the first three(3)months of the initial probationary period. A probationary
employee will be entitled to such leave and it shall accrue from the start of the probationary
period.
Section 10. POSITION CLASSIFICATION
The City Administrator shall establish and maintain a position classification plan for all positions
covered by this provision of the personnel policy. Positions may be grouped into classes if the
positions are similar in terms of the range of difficulty and responsibility. New classes may be
created if a new position is created and no classes in which it might be included exists.
Section 11. COMPENSATION PLAN
An employee compensation plan shall be adopted by the City Council and shall constitute the
official compensation plan for all positions in the municipal service, except where labor
agreements take precedence. The City Council may amend the compensation plan at any time
that it deems necessary in the interest of good personnel administration as recommended by the
City Administrator.
Section 12. LONGEVITY PAY
Full-time employees shall be paid longevity pay as follows:
1% of base pay after five years of continuous employment
2% of base pay after eight years of continuous employment
3% of base pay after twelve years of continuous employment
4% of base
pay after sixteen years of continuous employment.
Section 13. WORK SCHEDULE
The regularly scheduled work week for full-time non-exempt employees is eight(8) hours per day
and forty (40) hours per week, including rest periods and excluding lunch periods.
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Hours worked in excess of forty (40) hours within a seven (7) day period by part-time non-
exempt employees or eight (8) hours in a day (24 hours)by non-exempt full-time employees will
be compensated for at one and one-half(1-1/2) times the employee's regular rate of pay. For the
purpose of computing overtime compensation, overtime hours worked shall not be pyramided,
compounded, or paid twice for the same hours worked.
Department heads may establish special hours for their department if approved by the City
Administrator.
Section 14. PERFORMANCE EVALUATIONS
There shall be a minimum of one written performance evaluation on an annual basis for all regular
full-time, regular part-time and probationary employees. The evaluation will include a review of
the employee's major responsibilities, an appraisal of the employee's job performance,
identification of any problem areas and an action plan for correction or improvement, including
the establishment of future performance objectives. The written evaluation shall be filed in each
employee's personnel file. An overall evaluation of"satisfactory performance" will be required
prior to the granting of any salary/wage step increase.
Section 15. PROMOTIONS
Vacancies in higher positions shall be filled, when it is in the best interest of the City, by
promotion of present employees who meet the requirements established for the higher
classification.
Section 16. EMPLOYMENT OF RELATIVES
With due regard for job-relevant qualifications, merit and fitness, members of the immediate
family shall not be appointed when appointments or assignments would place employees under the
direct supervision of immediate family members or when the confidentiality of the City would be
jeopardized. For this policy, immediate family means spouse, mother, father, daughter, son,
brother or sister.
Section 17. 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 all City buildings, structures and vehicles are smoke free.
Section 18. DRUG AND ALCOHOL TESTING POLICY
Abuse of drugs and alcohol is a nationwide problem. 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
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to the public. This policy establishes standards concerning drugs and alcohol which all employees
must meet. It also establishes a testing procedure to ensure that those standards are met.
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 measuring the presence or absence of drugs,
alcohol, or their metabolites in the sample tested.
Drug Paraphernalia: As set forth in: Minnesota Statutes 152.01, Subd. 18.
Employee: 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 Screening 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. 1.
Reasonable Suspicion 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.
(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
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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 testing. 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 transferred 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 of the accident or at the time the accident reported; or
(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, engaged in an act or omission related to the performance
of the job, whether committed on or off duty, that logically requires or justifies
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such testing, revealed as a clear and compelling necessity by the nature of the
incident.
(3) Other testing. 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 program testing. 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 applicants: 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 religious grounds: 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 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 preventing tampering with the sample, and may include a
witness. The test sample shall be taken on the City's premises or at a medical facility
designated by the employer.
(3) Identification of samples. 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.
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(4) Chain of custody. 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 transferred and must sign and date the
chain-of-custody record at the time of transfer.
(5) Laboratory. 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.
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 storage: All samples that produce a positive test result shall be retained and
properly stored for at least six months.
(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 result report
from the testing laboratory, the City shall inform an employee or job applicant who has
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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 shall 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 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.
(f) The right not to be discharged, disciplined, discriminated against, or required to be
rehabilitated on the basis of medical 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
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withdrawn based on a positive test result from an initial screening test that has not
been verified by a confirmatory test.
ACTION AFTER TEST:
(I) Job applicants: 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) Employees: 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:
(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 diagnosis and treatment of chemical dependency before
approving the program. Participation in a counseling or rehabilitation program will
be at the employee's own expense or pursuant to coverage under an employee's
own benefit plan. If the employee either refuses to participate in the counseling or
rehabilitation program or fails to 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 program, and 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 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 not
limited 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.
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(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 individual, governmental agency,
or private organization without the written consent of the employee tested, unless permitted by
law or court order.
RIGHTS OF EMPLOYEES:
An employee has a right to offer 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 confirmatory retest of
the original sample at another licensed testing laboratory at the employee's or job applicant's own
expense.
APPEAL PROCEDURE:
Employees may appeal decisions made by the City under this policy through their collective
bargaining units. Employees who are not represented by a collective bargaining unit, may appeal
decisions through remedies available in the City's 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, Administrative Assistant, Telephone: 322-2002
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CITY OF ROSEMOUNT
NOTIFICATION FORM AND
CONSENT FOR DRUG AND ALCOHOL TESTING
* * * *
I acknowledge that I have seen and read the City of Rosemount Drug and Alcohol Testing
Policy.
I hereby consent to undergo drug and/or alcohol testing pursuant to said policy, and I
authorize a collection of urine, blood and/or breath sample from me for those purposes.
I understand that the procedure employed in this process will ensure the integrity of the
designed le and is d ed to comply with medicolegal requirements.
P l�
I understand that the results of this drug and alcohol testing may be discussed with and/or
made available to my employer, the City of Rosemount. I further understand that the results of
this testing may affect my employment status, as described in the policy.
I am currently taking, or have recently(within the last month)taken, the following over-
the-counter or prescription medications (if none,write"none"):
Other information relevant to the reliability of, or explanation for, a positive test result (if
P (
none, write"none"):
Signature Date
Witness Date
CITY OF ROSEMOUNT
* * * *
I hereby refuse to submit to a drug or alcohol test.
I have seen a copy of the Drug and Alcohol Testing Policy of the City and understand that
a refusal to submit to testing may subject me to discipline including, but not limited to, discharge.
Signature Date
Witness Date
16
Section 19. THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE
TESTING ACT AND RELATED REGULATIONS
The purpose of this policy is to establish programs designed to help prevent accidents and injuries
resulting from the misuse of alcohol or use of controlled substances by drivers of commercial
motor vehicles. This policy implements the requirements of the federal Omnibus Transportation
Employee Testing Act and the U.S. Department of Transportation Regulations, 49 C.F.R. Part
382. This policy is in addition to and separate from the City's Drug and Alcohol Testing Policy,
which implements the requirements of state law and the federal Drug Free Workplace Act of
1988.
WORK RULES:
The following alcohol-related activites are prohibited:
(1) A driver tested under this policy and federal law who is found to have an alcohol
concentration of 0.02 or greater but less than 0.04 shall not perform safety-sensitive
functions, including driving a commercial motor vehicle. The driver shall not perform
safety-sensitive functions until the start of the driver's next regularly scheduled duty, but
not less than twenty-four hours following administration of the test and the driver will not
be compensated during the time off. The driver may use vacation hours during the
absence if accrued and available.
(2) No driver shall report for duty or remain on duty requiring the performance of safety--
sensitive functions while having an alcohol concentration of 0.04 or greater.
(3) The City, having actual knowledge that a driver has an alcohol concentration of 0.04 or
greater, shall not permit the driver to perform or continue to perform safety-sensitive
functions.
(4) No driver shall be on duty or operate a commercial motor vehicle while the driver
possesses alcohol in any quantity.
(5) No driver shall use alcohol while performing safety-sensitive functions.
(6) The City, having actual knowledge that a driver is using alcohol while performing safety-
sensitive functions, shall not permit the driver to perform or continue to perform safety-
sensitive functions.
(7) No driver shall perform safety-sensitive functions within four hours after using alcohol.
(8) The City, having actual knowledge that a driver has used alcohol within four(4) hours,
shall not permit a driver to perform or continue to perform safety-sensitive functions.
(9) No driver required to take a post-accident alcohol test because of loss of human life or
who receives a citation under state or local law for a moving traffic violation arising from
an accident shall use alcohol for eight (8) hours following the accident, or until the driver
undergoes a post-accident alcohol test, whichever occurs first.
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(10) No driver shall refuse to submit to a post-accident alcohol test, a random alcohol test, a
reasonable suspicion alcohol test, or a follow-up alcohol test mandated by this policy and
federal law.
(11) The City shall not permit a driver who refuses to submit to the mandated alcohol tests
under this policy and federal law to perform or continue to perform safety-sensitive
functions.
The Following Controlled Substances-Related Activities are Prohibited:
(1) No driver shall report for duty or remain on duty requiring the performance of safety--
sensitive functions when the driver uses any controlled substance, except when the use is
pursuant to the instructions of a physician who has advised the driver that the substance
does not adversely affect the driver's ability to safely operate a commercial motor vehicle.
(2) The City, having actual knowledge that a driver has used a controlled substance, shall not
permit the driver to perform or continue to perform a safety sensitive-function unless use
is permitted pursuant to the written instruction of a physician.
(3) A driver shall inform the driver's supervisor of any therapeutic drug use.
(4) No driver shall report for duty, remain on duty, or perform a safety-sensitive function, if
the driver tests positive for controlled substances.
(5) The City, having actual knowledge that a driver has tested positive for controlled
substances, shall not permit the driver to perform or continue to perform safety-sensitive
functions.
(6) No driver shall refuse to submit to a post-accident controlled substance test, a random
controlled substance test, a reasonable suspicion controlled substance test, or a followup
controlled substance test mandated by this policy and federal law.
(7) The City shall not permit a driver who refuses to submit to the mandated controlled
substance tests to perform or continue to perform safety-sensitive functions.
TYPES OF TESTS REQUIRED:
Pre-employment Testing: Prior to the first time a driver performs safety-sensitive functions for
the City, the driver shall undergo testing for controlled substances. For purposes of this
subsection on pre-employment testing, the term driver includes but is not limited to a person
applying to the City for a position which requires them to drive a commercial motor vehicle, a
person who has recently obtained a commercial driver's license or a person whose has been
reassigned or promoted into a position that requires the performance of safety-sensitive functions.
Any job offer, reassignment or promotion to drive a commercial motor vehicle shall be contingent
upon a negative drug and alcohol test report and the applicant's written agreement authorizing
former employers to release to the City all information on the applicant's alcohol tests with a
concentration result of 0.04 or greater, positive controlled substances test results, and refusals to
be tested, within the preceding two years. The City also retains the right not to hire a driver who
has a positive test result and who has not participated and completed a counseling or
18
s
rehabilitation program as directed by the driver's substance abuse professional or who refuses to
sign the release.
Post-Accident Testing:
(1) Drivers Tested: As soon as practicable following an accident involving a commercial
motor vehicle, the City shall test for alcohol and controlled substances of each driver:
(a) Who was performing safety-sensitive functions with respect to the vehicle, if the
accident involved the loss of human life; or
(b) Who receives a citation under State or local law for a moving traffic violation
arising from the accident, provided the accident meets the definition of accident as
defined in this policy; or
(c) The City may also test under the City of Rosemount Alcohol and Drug Testing
Policy.
An employee who is subject to post-accident testing must remain available, or the City
shall consider the employee to have refused to submit for testing. The driver should
receive the alcohol test within 2 hours of the accident. If this is not done, the City shall
prepare and maintain a record stating the reasons the test was not administered promptly.
After 8 hours, no further attempts should be made to administer the alcohol test, and the
reason must be documented. Controlled substance testing should be administered as soon
as possible; if the employee has not submitted to this testing within 32 hours; the City shall
cease all attempts to conduct the test and document the reason. The employee is
prohibited from using alcohol for 8 hours following an accident or until the employee has
undergone a post-accident alcohol test, whichever comes first.
Random Testing: Through a consortium, the City will receive the names of randomly-selected
drivers subject to this policy for unannounced alcohol and controlled substances testing using a
computer-based random number generator that is matched with the employee's identifying
number. Alcohol testing shall be performed just before, during or after the driver's performance
of safety-sensitive duties. Drivers selected for testing must proceed immediately to the testing
site; provided, however, that if an employee is performing a safety-sensitive function at the time of
notification, driver shall cease performing the safety-sensitive function and proceed to the testing
site as soon as possible. FWHA rules require the City conduct random controlled substances
testing on 50% of the average number of employees and random alcohol testing on 25% of the
average number of drivers. Drivers may be selected for more than one test per year. Tests shall
be spread reasonably throughout the year.
Reasonable Suspicion Testing:
(1) City's Determination Of Reasonable Suspicion Of Alcohol Violations: The City shall
require a driver to submit to an alcohol test when the appointing authority has reasonable
suspicion to believe that the driver has violated the provisions of federal law concerning
alcohol. The City's determination that reasonable suspicion exists to require the driver to
undergo an alcohol test must be based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech, or body odors of the driver.
19
(2) City's Determination Of Reas_onable Suspicion Of Controlled Substance Violations: The
City shall require a driver to submit to a controlled substance test when the appointing
authority has reasonable suspicion to believe that the driver has violated the prohibitions
of federal law or this policy concerning controlled substances. The City's determination
that reasonable suspicion exists to require the driver to undergo a controlled substance test
must be based on specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of the driver.
The observations may include indications of the chronic and withdrawal effects of
controlled substances.
(3) Trained Supervisor Of Employee: The required observations for alcohol and/or controlled
substance reasonable suspicion testing shall be made by a supervisor or an employee of the
City who is trained in accordance with federal law. The person who makes the
determination or who observes or assists with making the determination that reasonable
suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver.
(4) Timing Of Reasonable Suspicion Observations: Alcohol testing is authorized by federal
law and this policy only if the observations required by paragraph(1) above are made
during,just proceeding, or just after the period of the work day that the driver is required
to be in compliance with federal law and these rules. The employee may be directed by
the City to only undergo reasonable suspicion testing while the employee is performing
safety-sensitive functions,just before the employee is to perform safety sensitive functions,
just after the employee has ceased performing such safety-sensitive functions or while the
employee is in a state of readiness to perform safety sensitive functions.
(5) City Drug And Alcohol Testing Policy: If the driver is not performing safety-sensitive
functions and reasonable suspicion exists, drivers may be tested for drugs and alcohol
under the City of Rosemount Drug and Alcohol Testing Policy.
(6) Prompt Administration Of Test: If an alcohol test required by federal law and this policy
is not administered within two hours following the determination of reasonable suspicion,
the City shall prepare and maintain on file a record stating the reasons the alcohol test was
not promptly administered. If an alcohol test required by federal law and this policy is not
administered within eight (8) hours following the determination of reasonable suspicion,
the city shall cease attempts to administer an alcohol test and shall state in the record the
reasons for not administering the test.
(7) Under The Influence Prohibitions: Notwithstanding the absence of a reasonable suspicion
alcohol test under this policy and federal law, no driver shall report for duty or remain on
duty requiring the performance of safety-sensitive functions while the driver is under the
influence of or impaired by alcohol, as shown by the behavioral, speech, and performance
indicators of alcohol misuse, nor shall the City permit the driver to perform or continue to
perform safety-sensitive functions, until:
(a) An alcohol test is administered and the driver's alcohol concentration measures less
than 0.02; or
20
(b) Twenty-four(24) hours have elapsed following the determination under paragraph
(f) of this Section that there is reasonable suspicion to believe that the driver has
violated the prohibitions of this policy and federal law concerning the use of
alcohol.
(8) Written Records Of Observations: A written record shall be made of the observations
leading to a controlled substance reasonable suspicion test, and signed by the supervisor or
another city employee who made the observations within twenty-four(24) hours of the
observed behavior or before the test results are released, whichever is earlier.
Return-to-Duty Testing:
An employee found to have violated this policy shall not return to work until after undergoing
return-to-duty tests indicating an alcohol concentration of less than 0.02 and a verified negative
result for controlled substances.
Follow-up Testing:
(1) Follow-up Alcohol and/or Controlled Substance Test: Following a determination that an
employee is in need of assistance in resolving problems associated with alcohol misuse
and/or use of controlled substances, the City shall ensure that the employee is subject to
unannounced follow-up alcohol and/or controlled substance testing as directed by a
substance abuse professional in accordance with the federal law. Follow up testing shall
not exceed sixty(60) months from the date of the employee's return to duty.
(2) Timing of Follow-up to Alcohol Test: Follow-up alcohol testing shall be conducted only
while the driver is performing safety-sensitive functions,just before the driver is to
perform safety-sensitive functions,just after the driver has ceased performing such safety-
sensitive functions or while the driver is in a state of readiness to perform safety-sensitive
functions.
CONTROLLED SUBSTANCE TESTING:
Controlled substances testing is conducted by analyzing an employee's urine specimen. Split
urine samples will be collected according to FHWA regulations. The employee will provide a
urine sample at a designated collection site. The collection site person shall pour the urine
specimen into two bottles labeled"primary" and"split", seal the specimens, complete a chain of
custody document and prepare the bottles for shipment to the testing laboratory for analysis.
If the employee is unable to provide the appropriate quantity of urine, the collection site person
shall instruct the employee to drink not more than 24 ounces of fluids and after a period of no
more than two hours, again attempt to provide a complete sample. If the employee is still unable
to provide a complete sample, the testing shall be discontinued and the City notified. The MRO
shall refer the employee for a medical evaluation to determine if the employee's inability to
provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the
City may elect to not have the referral made and revoke the employment offer.
Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports
the results to the City's designated contact person. If the results are negative, the City is informed
21
� f
and no further action is necessary. If the test result is confirmed positive, the MRO Shall give the
employee an opportunity to discuss the test result. The MRO must review any medical records
supplied by an employee to determine if a confirmed positive test is the result of the employee
having taken legally prescribed medication. The MRO shall notify each employee that the
employee has 72 hours in which to request a test of the split specimen at the employee's expense.
The MRO will contact the employee directly on a confidential basis, to determine whether the
person wishes to discuss the positive test result.
The MRO will review the confirmed positive test result to determine whether there is an
acceptable medical reason for the positive result. The MRO shall verify and report a positive test
result to the City when there is no legitimate medical reason for a positive test result as received
from the testing laboratory.
If after making reasonable efforts and documenting these efforts, the MRO is unable to reach the
employee directly, the MRO must contact the designated City contact person, who shall direct the
employee to contact the MRO. If the City contact person is unable to contact the employee, the
employee will be placed on suspension.
The MRO may verify a test positive without having communicated directly with the employee
about the test results under the following circumstances:
(1) The employee expressly declines the opportunity to discuss the test results.
(2) The employee has not contacted the MRO within five (5) days of being instructed to do so
by the City.
ALCOHOL TESTING:
The FWHA alcohol test rules require breath testing administered by a Breath Alcohol Technician
(BAT)using an Evidential Breath Testing Device(EBT). Two breath tests are required to
determine if a person has a prohibited alcohol concentration. Any result less than 0.02 alcohol
concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a
second confirmation test must be conducted. If the driver attempts and fails to provide an
adequate amount of breath, the City will direct the driver to obtain written evaluation from a
licensed physician to determine if the driver's inability to provide a specimen is genuine or
constitutes a refusal to test. Alcohol test results are reported directly to the designated City
contact person.
REFUSAL TO SUBMIT:
If the employee refuses to undergo required testing under federal regulations, no test shall be
given, and the employee shall be subject to discipline up to and including termination of
employment. In the case of a job applicant applying to drive for the City, if the applicant refuses,
no such test shall be given, and the job applicant shall be deemed to have withdrawn the
application for employment.
22
CONFIDENTIALITY:
• All alcohol controlled substances test results and required records are considered confidential
information. Any information concerning an individual's test results and records shall not be
released without the written permission of the individual except as provided for by regulation or
law.
CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT:
Employees who are known to have engaged in prohibited behavior, with regard to alcohol misuse
or use of controlled substances, are subject to the following consequences:
(1) Employees shall not be permitted to perform safety sensitive functions;
(2) Employees shall be advised by the City of the resources available to them in evaluating and
resolving problems associated with misuse of alcohol or use of controlled substances;
(3) Employees shall be evaluated by a substance abuse professional selected and paid for by
the City. The substance abuse professional shall determine what assistance, if any, the
employee needs in resolving problems associated with alcohol misuse and/or controlled
substance use;
(4) Participation in a counseling or rehabilitation program will be at the employee's own
expense or pursuant to coverage under the driver's own benefit plan.
(5) Before an employee returns to duty requiring performance of a safety-sensitive function
he/she shall undergo a return-to duty test with a result indicating a breath alcohol level of
less then 0.02 if the conduct involved alcohol, or a controlled substance test with a verified
negative result if the conduct involved controlled substance use;
(6) In addition, each employee identified as needing assistance in resolving problems
associated with alcohol or controlled substances shall be evaluated by a substance abuse
professional to determine that the employee has followed the rehabilitation program
prescribed;
(7) The employee shall also be subject to unannounced follow-up alcohol and controlled
substance testing following the employee's return to work. This testing shall be as
directed by the substance abuse professional and federal law;.
(8) Federal Highway Administration(FHWA) rules require that in the event of an alcohol test
result over 0.02 but less then 0.04, an employee shall not be permitted to perform safety-
sensitive functions for not less than 24 hours.
No action will be taken against an employee or job applicant based on a positive initial result that
has not been verified by a confirmatory test. If a job applicant receives a positive confirmatory
test result, the City will withdraw the conditional offer of employment and provide the applicant
with the reason. If an employee receives a positive confirmatory test result, the City will make
reasonable accommodations to allow the employee to participate in a counseling or rehabilitation
program. However, the City may discharge the employee if the substance abuse professional
23
recommends a counseling or rehabilitation program and the employee refuses to participate or
fails to successfully complete the program. Accommodations will be made for the initial
rehabilitation. The City will consider the frequency and/or severity of subsequent positive
confirmatory tests and such tests may be considered a failure to successfully complete the
program. If the City deems that there was a failure to successfully complete the program, the
employee will be disciplined up to and including discharge. If the City believes it is necessary to
protect the safety of the employee, other employees, or the public, the City may temporarily
suspend or reassign the employee pending the outcome of the confirmatory test or re-test.
RIGHTS OF EMPLOYEES AND JOB APPLICANTS:
(1) Opportunity to Explain: Upon a positive confirmatory test result, an employee or job
applicant will be given the opportunity to explain the positive drug confirmatory test result
with the Medical Review Officer. If the MRO upholds the positive drug determination,
that test result will be provided to the City. There is no opportunity to explain a positive
alcohol test provided in the rules.
(2) Confirmatory Re-Test: Any employee or job applicant may request a confirmatory re-test
of the original sample, at the expense of the employee or job applicant, within 72 hours of
receiving notice of a confirmed positive test result.
If the employee requests an analysis of the split specimen within 72 hours of having been
informed of a verified positive test, the MRO shall direct, in writing, the laboratory to
provide the split specimen to another DHHS-certified laboratory for analysis. If an
employee has not contacted the MRO within 72 hours, the employee may present to the
MRO information documenting that serious illness, injury, inability to contact the MRO,
lack of actual notice of the verified positive test, or the other circumstances unavoidable
prevented the employee from making timely contact. If the MRO concludes that there is a
legitimate explanation for the employee's failure to contact within 72 hours, the MRO
shall direct the analysis of the split specimen.
If the confirming retest is negative, no adverse action will be taken against the employee
and an applicant will be considered for employment. The City may reimburse the
employee for the expense of the re-test that is negative.
The City will not discharge an employee who, for the first time, receives a verified positive
drug or alcohol test result unless:
(a) The employee refuses to meet with a substance abuse professional for the purpose
of an evaluation for alcohol and/or controlled substance use and recommendations
for an educational, counseling, or treatment program; or
(b) The employee fails to enter the recommended program, or fails to successfully
complete the program; or
(c) The employee fails a return to duty alcohol and/or controlled substance test at the
successful completion of the recommended program or subsequent unannounced
follow-up alcohol and/or controlled substance testing.
24
Violations of this policy may constitute just cause for discipline, up to an including discharge.
Each situation will be evaluated on an individual basis depending upon the severity and
circumstances involved.
Any alcohol and/or drug testing other than that required for operators of Commercial Motor
Vehicles shall be in accordance with Minnesota Statutes, Section 181.950-957 (1987), the
Minnesota Drug and Alcohol Testing in the Workplace Act.
POLICY EXCEPTION:
Nothing in this policy limits or restricts the right of the City to discipline or discharge an employee
for conduct which violates any City policy or department policy/procedures provided that the
employee is not tested for drugs and alcohol.
CONTACT:
The employer designated contact person will coordinate the implementation, direction, and
administration of the City's alcohol and controlled substances policy. The contact person is the
principal contact for the collection site, the testing lab, the MRO, the BAT and the person tested.
Employee questions concerning this policy should be directed to the contact person:
Susan M. Walsh, Administrative Assistant Telephone: 322-2002
DEFINITIONS:
Accident: An occurrence involving a commercial motor vehicle operating on a public road which
results in:
(1) A fatality;
(2) Bodily injury to a person who, as a result of the injury, immediately receives medical
treatment away from the scene of the accident;
(3) One or more motor vehicles incurring disabling damage as a result of the accident,
requiring the vehicle to be transported away from the scene by a tow truck or other
vehicle.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight
alcohols including methyl and isopropyl alcohol.
Alcohol Concentration(or content): The alcohol in a volume of breath expressed in terms of
grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this policy
and federal regulations
BAT (Breath Alcohol Technician): An individual who instructs and assists individuals in the
alcohol testing process and operates an EBT.
25
Chain of Custody: Procedures to account for the integrity of each urine specimen by tracking its
handling and storage from point of specimen collection to final disposition of the specimen.
Commercial Motor Vehicle: A motor vehicle or combination of motor vehicles used in commerce
to transport passengers or property of the motor vehicle; and
(1) has a gross combination rating of 26,000 or more pounds inclusive of a towed unit with a
gross vehicle weight rating of more than 10,000 pounds; or
(2) has a gross vehicle weight rating of 26,001 or more pounds; or
(3) is designed to transport 16 or more passengers, including the driver; or
(4) is of any size and is used in the transportation of materials found to be hazardous for the
purposes of the Hazardous Materials Transportation Act and which require the motor
vehicle to be placarded under the hazardous materials regulations set forth under 49
C.F.R. part 172, subpart F.
(5) a commercial motor vehicle does not include a fire truck or other emergency fire
equipment.
Confirmation Test: For alcohol testing it means a second test, following a screening test with a
result of.02 or greater, that provides quantitative data of alcohol concentration. For controlled
substances testing it means a second analytical procedure to identify the presence of a specific
drug. A second analytical procedure to identify the presence of a specific drug or metabolite
which is independent of the screen test and which uses a different technique in chemical principal
form that of the screen test in order to insure reliability and accuracy. (Gas chromatography/mass
spectrometry(GC/MS) is the only authorized confirmation method for cocaine, marijuana,
opiates, amphetamines, and phencyclidine).
Confirmatory Retest: For controlled substances it means a third analytical procedure to reconfirm
the presence of a specific drug. If the test result of the primary specimen is positive the driver
may request that the MRO direct the split specimen be tested in any different DHHS-certified
laboratory for presence of drug(s). (A confirmatory retest is done at the request and expense of
the employee.)
Consortium: An entity, including a group or association of employers or contractors, that
provides alcohol or controlled substance testing as required by federal regulations, or other U. S.
Department of Transportation alcohol or controlled substances testing rules, and that acts on
behalf of the employers.
Controlled Substance: Any drug which is not legally obtainable or which is legally obtainable but
either has not been legally obtained or is misused. The term includes, but is not limited to,
marijuana, cocaine, stimulants, depressants, narcotics, hallucinogens, prescription drugs not
properly used according to physician directions, prescription drugs not being used for prescribed
purposes and prescription drugs procured by fraud.
Driver: Any person who operates or maintains a commercial motor vehicle. This includes, but is
not limited to: full-time, regularly employed drivers; part-time and temporary drivers; leased
26
• drivers and independent owner/operator contractors who are either directly employed by or under
lease to the employer or who operate a commercial motor vehicle at the direction of or with the
consent of the employer. For the purposes of pre-employment/pre-duty testing only, the term
driver includes a person applying to the City for employment to drive a commercial motor vehicle.
EBT (Evidential Breath Testing Device): An EBT approved by the National Highway Traffic
Safety Administration(NHTSA) for the evidential testing of breath and placed on NHTSA's
"Conforming Products list of Evidential Breath Measurement Devices."
FHWA: The Federal Highway Administration.
MRO: Medical Review Officer. A licensed physician responsible for receiving laboratory results
generated by an employer's drug testing program who has knowledge of substance abuse
disorders and has appropriate medical training to interpret and evaluate a driver's confirmed
positive test result together with driver's medical history and any other relevant biomedical
information.
erforming(A safety sensitive function): A driver is considered to be performing a safety sensitive
function during any period in which the driver is actually performing, ready to perform, or
immediately available to perform, or in a state of readiness to perform any safety sensitive
function while on duty.
Reasonable Suspicion: Means that the City believes the appearance, behavior, speech or body
odors of a driver are indicative of the use of a controlled substance or alcohol based on the
observation of at least one (1) supervisor or official who has received training in the identification
of behaviors indicative of drug and alcohol use.
Refuse to Submit(to an alcohol or a controlled substances test): Occurs when a driver:
(1) fails to provide adequate breath for testing without a valid medical explanation after the
driver has received notice of the requirement for breath testing in accordance with the
provisions of this policy,
(2) fails to provide adequate urine for controlled substances testing without a valid medical
explanation after the driver has received notice of the requirement for urine testing in
accordance with the provisions of this policy and federal regulation, or
(3) engages in conduct that clearly obstructs the testing process.
Safety-Sensitive Function: any of the following:
(1) all time at a carrier or shipper plant, terminal, facility, or other property, or on any public
property, waiting to be dispatched or in a state of readiness to drive and/or maintain a
commercial motor vehicle, unless the driver has been relieved from duty by the City;
(2) all time inspecting equipment as required by federal regulations or otherwise inspecting,
servicing, or conditioning any commercial motor vehicle at any time;
27
(3) all driving time which shall mean all time spent at the driving controls of a commercial
motor vehicle in operation;
(4) all time, other than driving time, in or upon any commercial motor vehicle except time
spent resting in a sleeper berth, which shall mean a berth conforming to the requirements
of federal regulations;
(5) all time loading or unloading a commercial motor vehicle, supervising, or assisting in the
loading or unloading, attending a commercial motor vehicle being loaded or unloaded,
remaining in readiness to operate the commercial motor vehicle, or in giving or receiving
shipments loaded or unloaded;
for stop ,
(6) all time spent performing the driver requirements of the federal statutes related to
accidents;
(7) all time repairing, obtaining assistance, or remaining in attendance upon a disabled
commercial motor vehicle.
Screening Test (also known as Initial Test): In alcohol testing, it means an analytical procedure to
determine whether a driver may have a prohibited concentration of alcohol in his or her system.
In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine
specimens from further consideration.
Substance Abuse Professional: A licensed physician(Medical Doctor or Doctor of Osteopathy),
or a licensed or certified psychologist, social worker, employee assistance professional, or
addiction counselor(certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission)with knowledge of and clinical experience in the diagnosis
and treatment of alcohol and controlled substances-related disorders.
Section 20. 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 occurrence 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.
What Constitutes 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
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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) Racial, 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, sex,
etc.
(7) Derogatory remarks about a person's age or physical condition.
(8) Relating of jokes or dissemination of pictures, cartoons or stores which are offensive
because they relate to race, sex, age, etc.
(9) The display of pictures, posters, calendars, graffiti or similar materials which are sexually
suggestive, sexually demeaning or pornographic.
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 are the City Administrator and Administrative Assistant 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.
If an employee has difficulty filling out the form, the designated official will assist the employee in
doing so.
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- I
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
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 determined 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 21. LIFE THREATENING OR CATASTROPHIC ILLNESS
The City is committed to maintaining a healthy and safe work environment for all employees as
well as providing support for individual employees who may be facing the trauma of a life-
threatening or catastrophic illness. The AIDS epidemic and the spread of infection from the
human immunodeficiency virus (HIV) is causing concern in many segments of society.
Consequently, some employees may be experiencing anxiety about the possibility of working with
a person who has become infected. The purpose of this policy is to support the physical and
emotional health of all employees, minimize disruptions to productivity and morale caused by the
presence of a worker with a life-threatening or catastrophic illness.
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As a general principle, the City recognizes that an employee facing a life-threatening or
catastrophic illness may wish to continue to work as long as the employee is able. If an individual
• is able to work, the individual is expected to be productive. If the individual cannot work, then
the individual shall be eligible for applicable health and disability benefits.
As with any handicapping conditio n, the City tY wil l make
reasonable accommodations for an
employee as long as such accommodations are practical and economically feasible, and in the best
interest of the employee and the City.
The City reserves the right to ask its appointed physician to examine an employee with a life-
threatening or catastrophic illness to determine that this individual is able to work and poses no
threat to self or others.
Section 22. POLITICAL ACTIVITY
State law prohibits the City from imposing or enforcing limitations on the political activity of City
employees beyond those established by the state legislature. Therefore, employees of the City are
not prohibited from participating in local election campaigns or appointment to public office.
No City employee or official may use their official authority or influence to compel a person to
apply for membership in or become a member of a political organization, to pay or promise to pay
a political contribution, or to take part in a political activity.
Any employee who shall become a candidate for any elective public office may be required to take
a leave of absence without pay and shall not perform duties connected with the position held by
such employee until such employee is no longer a candidate, if such candidacy interferes with such
employee's normal duties of employment. If the needs of the City require, the vacancy created by
such employee's absence may be filled and such employee's services terminated.
If elected to public office, such employee may be required to resign or take a leave of absence if
the duties of such employee's elective office interfere with such employee's duties as a City
employee.
Section 23. USE OF VEHICLES
This policy sets forth regulations and procedures for both city owned vehicles and privately
owned vehicles operated on city business and shall be applicable to volunteer firefighters.
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.
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(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.
(4) Some positions require that the employee be allowed to take a City vehicle home. The
following criteria shall be used to determine which employees shall 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 level of City service will be improved significantly.
(5) 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 shall be left with the respective department when the employee is on
vacation.
(f) An employee provided a City vehicle for commuting purposes shall have an
appropriate ro riate amount included in their gross income, with the appropriate
made, based on the current IRS regulations.
� gulations.
(6) Department heads shall annually submit to the City Administrator a list of employees
recommended to take vehicles home. Recommendations must include justification based
on the identified criteria and an explanation if any of the above conditions cannot be met.
A new recommendation shall be submitted to the City Administrator if a change occurs
during the year.
Use of Private Vehicles:
(1) Using a private vehicle for City business requires prior approval.
(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.
Accidents: Accidents involving City or personal vehicles on City business should be reported
immediately.
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Section 24. HOLIDAYS
Regular full-time employees shall be entitled to the holidays described below:
New Year's Day January 1
Martin Luther King Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Friday Following Thanksgiving Fourth Friday in November
Christmas Day December 25
When a holiday falls on a Sunday, the following Monday shall be considered a holiday. When a
holiday falls on a Saturday, the preceding Friday shall be considered a holiday.
Employees shall be eligible for holiday pay provided they are on paid status on the scheduled
work day before and the scheduled work day after the holiday.
Section 25. VACATION
All regular full-time employees will earn vacation based on the following schedule:
During the 1st year of employment .67 day/mo. (5.33 hours/mo.)
During the 2nd thru 3rd year of employment 1 day/mo. (8 hours/mo.)
During the 4th thru 10th year of employment 1-1/5 days/mo. (12 hours/mo)
During the 11th thru 15th year of employment 1-3/4 days/mo. (14 hours/mo.)
During the 16th year of employment and above 2 days/mo. (16 hours/mo.)
All regular full-time employees may accumulate vacation accrual based on years of service to the
maximum prescribed in the following schedule:
Zero thru four years of service 20 days(160 hours)
Five thru ten years of service 25 days(200 hours)
Eleven years of service and above 30 days (240 hours)
Combined accumulation of compensatory time and vacation will not be allowed to be greater than
vacation maximum plus forty(40) hours. Compensatory Time: Non-exempt compensatory time
may be accumulated in lieu of payment for overtime worked at the rate of one and one-half times
to a maximum of eighty(80) hours. Compensatory time may be taken with permission of the
employee's immediate supervisor.
Payment in lieu of vacation accrual beyond the amounts listed will not be considered.
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Employees shall take vacations only with the approval of their immediate supervisor. Requests
for vacation leave shall be in writing.
No employee shall be entitled to vacation leave during the first three (3) months of city
employment. Vacation leave shall be granted at the end of this time as earned for the three (3)
month period.
Vacation leave for personnel working under a negotiated agreement shall be specified by
agreement between the City and the exclusive representative for each bargaining unit in the City.
Section 26. TUITION REIMBURSEMENT PROGRAM
The City encourages its employees to improve their skills and knowledge through education. To
assist employees in attaining personal education and career goals, the City offers the following
tuition reimbursement program to eligible employees.
Eligibility: Regular full-time employees, upon successful completion of their probationary period,
g h': �
or as individually agreed, shall be eligible to apply for reimbursement of job-related educational
courses. All course work shall be completed outside normal working hours. The course or
degree program must be directly related to the employee's current job or to a position to which
the employee could be directly promoted within the City. Tuition reimbursement shall be
considered only for course work taken at recognized accredited colleges, vocational school or
approved adult educational programs.
Approval: All requests for course work or a degree program must receive prior approval from the
employee's department head and the City Administrator.
Reimbursement:
(1) Upon successful completion of a course or class, the City will reimburse the employee for
100% of the course tuition and other associated fees, necessary textbooks, and materials.
Expenses for which the employee could be compensated through other educational
incentive programs, such as the GI Bill, will not be covered. The City will pay 100% of all
costs of taking a class not to exceed $750 a year. The City will also pay 50% of costs
above the initial $750.
(2) Successful completion of a course shall be considered a letter grade of"C" or better; or a
numerical grade of"70" or better; or a pass in a"pass/no pass" system; or a certificate
from the instructor indicating satisfactory completion of the course if grades are not
issued.
(3) Financial reimbursement will be granted after the following conditions have been met:
(a) The employee has received prior approval.
(b) The employee has completed the course and submitted proof of successful
completion of the course to his/her department head.
(c) The employee has submitted proof of payment for the course to his/her department
head.
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Section 27. SICK LEAVE
(1) Sick leave shall be a benefit provided to all regular full-time and probationary employees
and shall be accrued at the rate of eight(8) hours for each full month of employment and
pro-rated to the nearest hour for partial month's service. There will be no maximum
accumulation of sick leave.
(2) Sick leave may be granted by the employee's supervisor only for absence from duty
because of personal illness, legal quarantine, maternity, injury, dental or medical treatment
necessitating the employee's absence or for serious illness in the employee's immediate
family. Immediate family for the purpose of this section shall be defined as spouse, minor
children, ward, parent and siblings when living in the household of the employee. In
instances of critical illness to a member of the family, who is either not a member of the
immediate family or not living in the household, an appeal may be made to the City
Administrator to waive these requirements. Sick leave usage shall be subject to approval
and verification by a supervisor who may require the employee to furnish a report from a
recognized medical authority attesting to the need of the leave, and other information the
supervisor deems necessary.
(3) Exception to the definition of immediate family: The City reserves the right, as a matter of
policy, to permit employees to take leave for the illness of an adult child or parent.
Further, the City reserves the right to establish this policy under such circumstances and
conditions that it deems appropriate, all on a case by case basis. An exercise of this policy
shall not establish a precedent or practice. An employee's request under this policy shall
be in writing and sent to the employee's immediate supervisor. The supervisor shall
forward this request, along with the supervisor's recommendation to the City
Administrator for review and approval.
(4) To be eligible for sick leave payment, an employee must notify his/her designated
supervisor prior to the starting time of the scheduled shift. This notice may be waived if
the supervisor determines that the employee could not reasonably be expected to comply
with this requirement because of circumstances beyond the control of the employee.
(5) An employee who is absent from duty may be required to undergo a medical evaluation
and furnish a report from an appropriate medical authority, at the City's expense, that will
enable a department head to determine the employee's fitness for performance of assigned
duties. When it is determined that the employee's absence from work is unnecessary, the
department head may require the employee to either return to work or resign.
(6) Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and
recovery are considered temporary disabilities and shall be treated as any other illness in
connection with employment.
(7) An employee who improperly claims sick leave shall be subject to disciplinary action,
including loss of compensation and/or dismissal.
(8) Any employee who by reason of sickness or injury receives workers' compensation
benefits may keep the workers' compensation benefits and receive from the City additional
differential benefits from their accumulated sick leave, but in any case the total biweekly
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compensation including leave and workers' compensation benefits shall not exceed the
biweekly net base pay rate of an employee.
(9) Sick leave charges to accruals may not be made in less than half hour amounts.
Section 28. DONATED SICK LEAVE
With the express written approval of the City Administrator, city employees having accrued sick
leave will be allowed to donate a portion of their sick leave to fellow employees experiencing a
major life threatening disease or condition suffered by the employee, their spouse or minor
children. A major life threatening disease or condition shall include, but not necessarily be limited
to heart attack, stroke, organ transplant, or life threatening illness or condition as defined by a
physician's diagnosis.
The donation of sick leave from one employee to another shall be subject to the following terms
and conditions.
(1) An employee is only eligible to receive donated sick leave for time loss from work due to
a major life threatening disease or condition as described above, equal to the number of
hours of time, compensated by sick leave, vacation leave or compensatory time, which the
employee would lose from his or her job due to the major life threatening disease or
condition.
(2) An employee will be eligible to receive donated sick leave only after the employee's
accrued sick leave, compensatory time and vacation have been used by the employee.
(3) No employee will be allowed to receive more than twenty(20) days of donated sick leave
for any single major life threatening disease or condition without the additional express
approval of the City Administrator.
(4) An employee may donate no more than sixteen(16)hours per calendar year to a single
fellow employee. This shall not be construed to prohibit donating sixteen(16) hours each
per year to additional fellow employees.
(5) A written request to donate sick leave must be made to the City Administrator on forms
designated by the City for that purpose.
(6) The City Administrator shall have the right to deny use of donated sick leave or limit its
use as shall be determined necessary to the best interests of the City.
Section 29. WORKER'S COMPENSATION
The State of Minnesota provides to all employees a comprehensive worker's compensation
insurance program in accordance with state law. The City's policy regarding worker's
compensation is as follows:
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(1) Worker's compensation benefits take effect after a waiting period of three (3) calendar
days following an on the job injury. Any time lost within the first three (3) calendar days
due to an injury will be paid through an employee's sick leave accrual. If no sick leave is
available, any lost time will be leave without pay.
If time from work due to the job related injury extends beyond three(3) calendar days,
(2) J JrY Y ( ) Y ,
worker's compensation pay will begin for those scheduled work days lost beginning on
calendar day four. If time away from work extends to ten(10) calendar days or more,
worker's compensation will go back and pay for the initial three (3) days waiting period.
(3) All doctor appointments and long term therapy appointments due to a work related injury
c
will be treated as leave without pay, with worker's compensation paid directly to t he
employee.
(4) Accumulated sick leave may be used to pay the difference between any regular full-time
employee's gross salary and any worker's compensation reimbursement.
(5) An employee who sustains a work-related injury or illness must inform their supervisory
immediately, and a First Report of Injury must be filed with the City.
(6) Neither the City, nor its insurance carrier will be liable for the payment of worker's
compensation benefits for injuries that occur during an employee's voluntary participation
in off-duty recreational, social or athletic activities sponsored by the City.
Section 30. SCHOOL CONFERENCES AND ACTIVITIES LEAVES
The City will grant an employee who has worked at least twenty(20) hours per week for a period
of at least twelve (12) months up to sixteen(16) hours leave per year to attend his/her children's
school conferences or classroom activities that cannot be scheduled during non-working hours.
The employee must give the City reasonable notice and must attempt to schedule the leave so as
not to disrupt unduly the operations of the City. This leave may be taken unpaid, or regular full-
time employee have the option of using accrued vacation or comp time.
Section 31. FUNERAL LEAVE
A maximum of three (3) days leave with pay may be granted upon request in the event of a death
in the employee's immediate family consisting of spouse, mother, father, brother, sister, child,
grandparent and employee's mother-in-law and father-in-law. Up to two additional days of leave
may be granted, with approval, in the death of the employee's spouse, child or parent. A one day
leave with pay will be granted upon request in the event of the death of other relatives. The
actual time off, and funeral leave approved, will be determined by the employee's supervisor
depending on individual circumstances such as the closeness of the relative, arrangements to be
made, distance to the funeral, etc.
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L
Section 32. MILITARY LEAVE
Minnesota Statutes Sections 192.26 and 192.261 provide that an employee of any municipality
who is a member of the National Guard, the Naval Militia, the Officer's Reserve Corps, the Naval
Reserve, the Marine Corps Reserve or any other reserve component of the military or naval forces
of the United States, is entitled to a leave of absence without loss of pay, seniority status,
efficiency rating, or benefits for the time such employee is engaged in training or active service
not exceeding a total of fifteen(15) days in any calendar year. Eligible employees shall be paid
the difference between their regular pay rate and their lesser military pay provided such off-set is
provided by law.
The leave of absence is only in the event the employee returns to employment immediately upon
being relieved from military or naval service, or is prevented from returning by physical or mental
disability or other cause not the fault of the employee, or is required by the proper authority to
continue in military or naval service beyond the 15 day period allowed for the paid leave of
absence. Notice will be given to the City at least fifteen working days in advance of the requires
leave. Notice may be waived under certain circumstances.
In accordance with State Law, the employee will be granted an unpaid leave of absence when
called to active duty. If an employee has not yet used their fifteen days of paid leave when called
to active duty, any unused paid time will be allowed prior to the unpaid leave of absence.
Eligibility for continuation of insurance coverage will follow the same procedures as for any
terminated or laid off employee while an employee is on an unpaid leave of absence for active
duty. The leave of absence will not be considered work time for purposes of vacation and sick
leave accrual.
Returning reservists have the right to return to their jobs or to another job of similar status and
pay upon completion of active duty in accordance with state and federal laws.
Section 33. TIME OFF TO VOTE
Employees who are eligible to vote at a state general election or at an election to fill a vacancy in
the office of United States Senator or United States Representative have the right to be absent
from work for the purpose of voting during the morning of election day, without penalty or
deduction from salary or wages, provided the employee notifies his/her supervisor at least 24
hours prior to this requested leave.
Section 34. JURY DUTY
Employees called for jury duty shall receive their normal compensation for days they are
scheduled to work. Any payments, per diem or fees, excepting expenses, shall be remitted to the
City. If an employee is excused from court duty prior to the end of the work shift, the employee
shall return to work or make arrangements for a leave, with or without pay.
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Employees subpoenaed as a witness in an official capacity or for City related business will receive
their normal compensation, less any fees exclusive of expenses, unless the action is instituted by
the employee.
Any voluntary or involuntary absence to testify in a deposition or in litigation, not in the status of
an employee, shall not qualify for any compensation and the employee shall arrange for a leave,
with or without pay.
Any party to a lawsuit, not connected to City duties shall not qualify for compensation and the
Yp Y
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employee shall arrange for a leave, with or without pay.
Section 35. FAMILY AND MEDICAL LEAVE OF ABSENCE
The Family&Medical Leave Act of 1993 permits eligible employees (as defined under the Act)
to take up to 12 weeks of leave during a twelve month period for the following reasons: birth of
child; placement of a child with the employee for adoption or foster care; for a serious health
condition(as defined under the Act)which makes the employee unable to perform is/her job; to
care for the employee's spouse, son or daughter or parent who has a serious health condition(as
defined under the Act).
Eligibility: Employees eligible for a Family&Medical Leave are employees who have been
employed by the City of Rosemount for at least 12 months and who have worked at least 1,250
hours during the 12 month period immediately preceding the leave.
ti Notice: Employees are required to request the leave to the Administrative Assistant at least 30
days in advance where the leave is foreseeable. If circumstances require that the leave begin in
less than 30 days, employees must notify the Administrative Assistant as soon as is practicable.
Medical Certification: If the leave is for a medical reason, the requesting employee must provide
a medical certification to the Administrative Assistant in a timely manner. The certification must
state the date of onset of the leave, the probable duration of the leave and the appropriate medical
facts concerning the leave. If the leave is for the employee's own serious health condition, the
certification must also state that the employee is unable to perform the functions of his/her
position. If the leave is to care for an ill or injured family member, the certification must state that
the employee is needed to care for the family member and include an estimate of the amount of
time needed. The City reserves the right to require a second and third medical opinion(at the
City's expense) and to require recertification, at reasonable intervals of the continuing need for
the leave. The City also reserves the right to require a fitness for duty medical certification at the
end of a leave taken for the employee's own serious health condition.
Intermittent Leave: Family&Medical Leave may be taken intermittently or on a reduced
schedule if such a leave is deemed to be medically necessary. The City may require the employee
to transfer temporarily to an alternative position, with equivalent pay and benefits that better
accommodates the intermittent leave than the regular position. All requests for intermittent leave
will be evaluated on a case by case basis.
Job Protection: An employee returning from Family& Medical Leave will be reinstated in
his/her former position or a position equivalent in pay, benefits and other terms and conditions of
39
employment. The employee's reinstatement rights are the same as they would have been had the
employee not been on leave. Thus, if the employee's position would have been terminated had
the employee not been on leave, the employee is not entitled to reinstatement in a former or
comparable position. In such circumstances, the employee retains all rights under the layoff and
recall system under a collective bargaining agreement, as if the employee had not taken Family&
Medical Leave.
Continuation of Insurance and Payment of Premiums:
(1) An employee anted a Family&Medical Leave will continue to be covered under the
( ) granted Y
City's group health, dental and life insurance plans under the same conditions and at the
same level of City contribution as would have been provided if the employee has been
continuously employed during the leave period. If there are changes in the City's
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contribution levels while the employee is on leave, those changes will take place as if the
job.
was still on the 'ob.
(2) The employee will be required to continue payment of the employee portion of the group
health, dental and life insurance coverages. The employee will be advised in writing at the
beginning of the leave period as to the amount and method of payment.
(3) If an employee's contribution is more than 30 days late, the City may terminate the
employee's insurance coverage (subject to COBRA requirements).
(4) If the City pays the employee contribution(s) missed by the employee while on leave, the
employee will be required to reimburse the City for delinquent payments, on a payroll
deduction schedule, no later than 90 days after return from leave. The employee will be
required to sign a written statement at the beginning of the leave period authorizing the
payroll deduction payments.
(5) If the employee fails to return to work after the Family&Medical Leave, the City may
recover the premiums paid by the City for Group health, dental and life benefits unless the
serious health condition of the child, spouse, parent or employee continues or for other
circumstances beyond the control of the employee.
Use of Accrued Sick Leave, Vacation and Compensatory Time:
During the Family &Medical Leave, employees must use accumulated compensatory time prior
to taking an unpaid leave(except where the leave also qualified for parental leave). Employees
may choose to use accrued vacation or sick leave while on leave. Benefits such as sick leave or
vacation will not accrue during the period of unpaid leave; however, any benefits accrued prior to
commencement of such leave will not be lost. Unpaid hours will not count towards seniority.
Section 36. PARENTAL LEAVE
An employee who works 20 or more hours per week and has been employed more than one year
is entitled to take an unpaid leave of absence in connection with the birth or adoption of a child.
The leave may not exceed six(6)weeks, and must begin not more than six(6) weeks after the
birth or adoption of the child.
40
' The employee is entitled to return to work in the same position and at the same rate of pay the
employee was receiving prior to commencement of the leave.
• If the employee has any Family& Medical Leave eligibility remaining at the time this leave
commences, this leave will also count towards Family& Medical Leave. The two leaves will run
concurrently until the twelve week Family &Medical Leave is exhausted. An employee may use
accrued vacation or sick leave or compensatory time for either Family&Medical Leave or
Parental Leave. However, use of accrued sick leave or vacation leave is not required for the
portion of leave counted as parental leave.
Section 37. PERSONAL LEAVES OF ABSENCE WITHOUT PAY
The City provides leaves of absence without pay to regular full-time employees who wish to take
time off from work duties to fulfill personal obligations unrelated to family or medically related
circumstances not covered by existing law.
A leave of absence for reasons other than disability may be granted to an employee requesting
such leave in writing. A department head may approve a personal leave of absence for a
maximum of five (5) days. Upon affirmative recommendation from the department head, the City
Administrator may approve a personal leave of more than five (5) days, up to and including ninety
(90) days. Personal leave of up to one (1) year, excluding military service or disability incurred
while in the service of the City requires City Council action. Requests for personal leave will be
evaluated based on a number of factors, including anticipated work load requirements, reasons for
the requested leave, and staffing considerations during the proposed period of absence.
Vacation leave and compensatory leave must be exhausted prior to approval of any unpaid
personal leave.
Benefit accruals, such as vacations, seniority, sick leave, city contributions toward employee
insurance coverages or holiday benefits will be suspended during any unpaid leave of absence
exceeding ten(10) days and will resume upon return to active employment. Insurance benefits
will continue if fully subsidized by the employee. If the employee chooses not to continue
insurance coverage during a non-medical leave of absence, reinstatement into the group insurance
program will be subject to any conditions imposed by the insurance provider. When personal
leave ends, every reasonable effort will be made to return the employee to the same position, if it
is available, or to a similar available position for which the employee is qualified. However, the
City cannot guarantee reinstatement in all cases.
If an employee fails to report to work promptly at the expiration of the approved leave period, the
City will assume the employee has resigned.
Section 38. UNAPPROVED ABSENCES
An employee must receive prior approval for an absence from work. An employee absent from
duty without approval of the employee supervisor may be subject to disciplinary action up to and
including discharge. An employee who is absent from work, without approval, for five (5)
consecutive days shall be considered to have voluntarily resigned from employment with the City.
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Section 39. SEVERE WEATHER CONDITIONS
When severe weather conditions prohibit an employee from reporting for the employee's normal
work shift, a non-exempt employee shall be paid only for those hours actually worked. Absences
due to weather conditions may be charged to accrued vacation or compensatory time or the time
absent may be taken without pay. An exempt employee who does not report for work may
charge the absence to accrued vacation. An exempt employee who does report for work shall be
paid for the employee's normal work day.
Section 40. INSURANCE BENEFITS
The following insurance benefits will be provided for full-time employees, upon completing the
eligibility and/or waiting period requirements:
Health Insurance: The City will pay 100% of the cost of single coverage for an employee. For
employees with dependents, the City will pay 65% of the difference between the cost of the
individual employee coverage and the cost of dependent coverage.
Dental Insurance: The City will pay 100% of the cost of single coverage for an employee.
Dental insurance coverage for employee's dependents is at the employee's full expense.
Copays and Deductibles:Employees shall pay copayment or deductible portions of insurance
programs provided by the City, if applicable.
Group Life Insurance:Full-time employees will be provided with a $10,000.00 term life
insurance policy. The City will contribute $9.00 per month for the PERA life insurance plan if the
employee chooses to pay the remaining balance.
Long Term Disability Insurance:Long term disability insurance is made available to full-time
employees and part-time employees who are scheduled to work at least 20 hours per week. Long
term disability insurance is at the employee's full expense.
Deferred Compensation Program: The City provides employees the opportunity to participate in
voluntary plans that allow employees to place a portion of their earnings into a pre-tax deferred
investment program.
Flexible Spending Accounts:Employees may enroll for participation in any existing city
programs for pre-tax reimbursement of insurance premiums, day care and personal medical
expenses.
Section 41. 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.
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Cause: Any disciplinary action shall be for a reasonable or just cause and may include, but will
not be limited to, the following:
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(1) Conduct or performance which fails to satisfy the duties, responsibilities, quantity, quality
j
or safety rules o f the J ob.
ct refusal to follow a supervisor's(2) Insubordinate conduct, ervisor's direction or willful violation of a p
lawful regulation.
(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,
possession or consumption of same while on the job.
(6) Excessive or unexcused absences, lateness in reporting to work or leaving the work site
before regular quitting time. Taking more than the allotted break or lunchtime without
supervisor approval.
(7) 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.
(8) 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.
(9) Use of official position for personal advantage
(10) Use of offensive conduct or language towards the public or municipal officers or
employees.
(11) 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 all 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 the maintenance of good order and
recognized business deportment.
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Process:
The City embraces the philosophy of progressive discipline where appropriate but maintains that
any incident of employee misconduct or violation of this policy may result in discharge, depending
upon circumstances. Supervisors shall inform the department head 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.
(1) Verbal Warning: An informal action by the supervisor to inform an employee of a minor or
first occurrence of a policy violation or misconduct. A verbal warning shall include the
unacceptable performance or misconduct, the desired improvement and the consequences
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 or misconduct, the corrections and time frame expected and the consequences
for failing to correct 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, seniority or benefits, for a period not to exceed 30 days. The
notice of suspension shall be written, and shall notify the employee of the unacceptable
behavior or performance, the desired performance and the consequences if not corrected.
Whenever an employee is suspended during an investigation, and such employee is
subsequently exonerated, the employee shall be reinstated without loss of compensation,
benefits or seniority.
(4) Demotion or Discharge: The City Administrator may recommended to the City Council
that an employee be demoted or removed from continued employment with the City for
cause, following the use of progressive discipline or for acts where remedial action is not
deemed effective or appropriate.
Section 42. GRIEVANCE PROCEDURE
A grievance shall mean a claim or dispute by an employee with respect to the interpretation,
meaning or application of the provisions of City's policies and procedures. It is the policy of the
City to afford all employees a means of obtaining further consideration of problems when they
remain unresolved at the supervisory level 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.
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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
department head. 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 department head will attempt to resolve the
grievance 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 department head's final answer in Step 1.
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) calendar days
after receipt.
Step 3: If the grievance is not resolved in Step 2, the employee may appeal the grievance
in writing to the City Council within ten (10) calendar days of the City
Administrator's response in Step 2. Any grievance not appealed in writing to Step
3 by the employee within ten(10) calendar days shall be considered resolved. The
City Council shall render a decision within thirty(30) calendar days.
Section 43. LAYOFFS
The City may lay off any employee whenever such action is made necessary as provided in the
annual budget by reason of shortage of work or funds, the abolition of a position or because of
changes in organization. Two (2)weeks advance written notice of the lay-off shall be given. An
employee may be transferred to another position if such employee is qualified. When a layoff
occurs in a job classification in which more than one employee serves, qualifications and job
performance shall be the basis for determining which employees are laid-off unless otherwise
required by law.
Employees who have been laid off will be recalled to their former position classification in the
reverse order of their lay-off.
Section 44. VOLUNTARY TERMINATION
An employee who wishes to resign in good standing shall provide written notice to the immediate
supervisor at least two (2)weeks prior to the intended resignation date. Department heads must
provide their immediate supervisor with at least three (3) weeks prior written notice.
An employee who does not submit a resignation in compliance with the provisions of these
regulations may be considered as having not resigned in good standing. An employee who does
not resign in good standing will: (1) be deprived of the opportunity to be considered for
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reinstatement, (2) have the fact recorded into the employee's record; and (3) forfeit the sick leave
portion of any available severance pay.
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Section 45. SEVERANCE PAY
Full-time employees voluntarily terminating their employment in good standing with two weeks
advance notice will receive payment at the employee's rate of pay at the time of the employee's
termination based on the following:
Vacation: Employee to receive accrued amount
Sick Leave: 1 thru 5 years of service-- 15% of accumulated sick leave
6 thru 10 years of service -- 30% of accumulated sick leave
11 thru 15 years of service --45% of accumulated sick leave
16 years of service and above -- 60% of accumulated sick leave.
Section 46. RETIREMENT PAY
In addition to severance pay, full-time employees retiring from the City under the provisions of
the State pension legislation will receive lump sum compensation equal to:
5 thru 9 years of service--two weeks pay
10 years of service and above --four weeks pay.
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