Employee HandbookEmployee
Handbook
City of
Shorewood
Approved October 23, 2006
Revisions Approved Aug. 23, 2010
City of Shorewood Employee Handbook
TABLE OF CONTENTS
1.0Introduction
1.01Purpose of Employee Handbook............................................................ 1
1.02Administrative Prerogative .................................................................... 1
1.03Implementation of this Handbook ......................................................... 1
1.04Scope of the Handbook .......................................................................... 2
1.05Employee Classification and Hours of Work ........................................ 3
2.0City of Shorewood Organization
2.01Mission Statement of Purpose ................................................................ 4
2.02Management Philosophy ........................................................................ 4
2.03Core City Values/Attributes .................................................................. 4
2.04Principles of Employee Management Relationship ............................... 5
2.05Administration .................................................................................... 5-6
2.06Organizational Chart ............................................................................ 7
3.0Employment
3.01Equal Employment Opportunity Statement ......................................... 8
3.02Hiring Procedures .................................................................................. 8
3.03Information Provided for the Employment Application ...................... 9
3.04Employment of Relatives ....................................................................... 9
3.05Promotion from Within.......................................................................... 9
3.06Pre-Employment Job Related Examinations ...................................... 10
3.07Drug and Alcohol Testing for Positions Requiring CDL .................... 10
3.08Probationary Period ........................................................................ 10-11
3.09Grievance Policy ................................................................................... 11
3.10Personnel Record ................................................................................. 12
3.11Questions or Problems ......................................................................... 12
4.0Responsibilities of Employees
4.01Gifts and Endorsements ....................................................................... 13
4.02Solicitations and Distribution of Literature ........................................ 13
4.03Conflict of Interest ............................................................................... 13
4.04Time Sheets ........................................................................................... 13
4.05Lunch Breaks ....................................................................................... 14
4.06Breaks ................................................................................................... 14
4.07City Vehicles ......................................................................................... 14
4.08Political Activities ................................................................................. 15
4.09Use, Care, & Provisions of Technology Services ............................ 16-21
4.10City Website Content Policy ................................................................ 22
4.11Offensive Behavior Policy ............................................................... 22-24
4.12Firearms Prohibited While Performing Work for the City ................ 25
4.13Drug/Substance Abuse ......................................................................... 26
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TABLE OF CONTENTS
5.0Training and Development
5.01Education Reimbursement .................................................................. 27
6.0Compensation
6.01Purpose ................................................................................................. 28
6.02Plan Administration ........................................................................ 28-29
6.03Performance Assessment...................................................................... 29
6.04Rating System .................................................................................. 30-31
6.05Overtime Hours ............................................................................... 31-32
6.06Mileage, Meals and Lodging Reimbursements ................................... 32
6.07Exempt Employee Salary Deduction Policy ........................................ 32
7.0Employee Benefits
7.01Benefit Eligibility .................................................................................. 33
7.02Group Insurance .................................................................................. 33
7.03Surviving Spouse and Dependent Insurance Benefit .......................... 34
7.04Federal Insurance Contribution Act (FICA)/Medicare ...................... 34
7.05Public Employee Retirement Association (PERA) .............................. 34
7.06City Deferred Compensation ............................................................... 34
7.07Section 125 Pre-Tax Benefit Program ................................................. 34
7.08Health Maintenance and Wellness Program ....................................... 35
8.0Time Off
8.01Holidays ................................................................................................ 36
8.02Regular Vacation ............................................................................. 37-38
8.03Sick Leave ............................................................................................. 39
8.04Sick Spouse/Partner/Child Leave ........................................................ 40
8.05Sick Leave Donation Policy .................................................................. 40
8.06Family and Medical Leave Act (FMLA) ........................................ 41-43
8.07Medical Leave ....................................................................................... 43
8.08Extended Parenting Leave .............................................................. 43-44
8.09School Leave ......................................................................................... 44
8.10Funeral Leave ....................................................................................... 45
8.11Educational Leave ................................................................................ 45
8.12Leave for Service in Organizations ...................................................... 45
8.13Personal Leave...................................................................................... 45
8.14Jury Duty Leave ................................................................................... 46
8.15Military Leave ...................................................................................... 46
8.16Time Off to Vote ................................................................................... 46
8.17Bone Marrow Donation Leave ............................................................. 47
8.18Breaks for Nursing Mothers ................................................................ 47
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TABLE OF CONTENTS
9.0Safety/Health
9.01Accident Report .................................................................................... 48
10.0Discipline and Discharge
10.01Discipline and Discharge ................................................................. 49-50
11.0Leaving City Employment
11.01Termination .......................................................................................... 51
11.02Resignation and Severance Pay ........................................................... 52
Appendix A - Drug and Alcohol Testing Policy and Procedures for
Commercial Motor Vehicle Drivers....................................................................... 53-65
Appendix B - Sexual Harassment Policy ............................................................... 66-70
Appendix C – Sample Forms ................................................................................. 71-75
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1.0 INTRODUCTION
1.01. Purpose of Employee Handbook
The City Council of the City of Shorewood deems it advisable to establish a policy governing the
relationship between the employees and the City, and to provide procedures for its administration.
In the formation of this policy, and within this framework of law, the Council can establish
governing principles upon which a progressive, comprehensive, and efficient program of
employee relations may be based.
The Council will support favorable labor standards and employment conditions as are consistent
with local welfare, having regard for the fact that people of Shorewood finance the work of the
City.
The purpose of this handbook is to help you to better understand the policies and procedures,
which affect and guide your employment with the City of Shorewood. These policies and
procedures define how you are recognized and compensated for the work that you do, and
explain what is expected of you for your own advancement and progress. Strive to become
thoroughly familiar with the provisions of this handbook. Use it for review and reference. Be sure
that you understand it - your good judgment and willingness to cooperate will do the rest.
This handbook does not create a contract between the City and any of its employees, and should
not be interpreted as creating a contract, whether express or implied. The City reserves the right
from time to time to amend or modify any of the procedures and policies contained in this
handbook, in accordance with applicable law. This handbook (and the policies and procedures
contained in the handbook) supersedes any past practices and any prior written or oral
representations or statements regarding the terms and conditions of employment at the City. To
the extent that any collective bargaining agreement conflicts with the provision of this handbook,
the collective bargaining agreement will prevail. If you have any questions about the handbook,
please speak with your supervisor or City Administrator.
1.02. Administrative Prerogative
The Employee Handbook shall cover the items set forth; however, this handbook shall also permit
administrative prerogatives in making decisions regarding conditions not included in the Employee
Handbook.
1.03. Implementation of this Handbook
It is the responsibility of all City Department Directors and supervisors to ensure implementation
of this handbook. State or Federal Law will be construed as grounds for reprimand, suspension,
demotion, or dismissal upon failure of any employee to perform in a manner consistent with this
Handbook.
The City Administrator is given authority for the administration of this Handbook as directed by
the City Council.
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INTRODUCTION
1.04. Scope of the Handbook
Subdivision 1. Personnel Covered
This Handbook applies to all City employees except when in conflict with State Law, Federal
Law, or labor contracts. The types of employees include:
:
1)Regular Full-time Employee A regular, full-time employee is defined as a person who has
completed the required probationary period and who is employed on a regularly scheduled
basis of forty (40) hours per week in a single job category contained in the City’s Job
Classification Plan.
2)Regular Part-time Employee: A regular, part-time employee is defined as a person who
has completed the required probationary period and who is employed on a regularly
scheduled basis for an average of at least twenty (20) hours per week, but less than forty
(40) hours per week in a single job category contained in the City’s Job Classification
Plan.
3)Probationary Employee: A probationary employee is a person who has been hired in a
regular full-time or regular part-time position who is serving their probationary period.
See Section 3.10 in this handbook for further information on Probationary Periods.
4)Temporary Employee: These employees may be scheduled to work for a specified period
of time. They are paid hourly and are eligible for overtime when incurred. They are not
eligible for any Shorewood provided benefits and no credit is given for seniority.
5) Seasonal Employee: An employee who works only part of the year to assist in temporary,
seasonal work such as mowing, attending ice rinks, snow plowing, etc.
Subdivision 2. Positions Exempt
The following officers and positions are not covered by the policies in this Handbook, except for
Sections 4.01-Gifts and Endorsements; 4.09-Use of City Communication Resources; 4.11-
Offensive Behavior Policy; and 4.12-Firearms Prohibited policy, and where otherwise noted:
1. All elected officials;
2.Members of city boards, commissions, and committees;
3. Volunteer personnel, emergency employees;
4. Consultants and/or contracted personnel.
Subdivision 3. Employees Covered by Labor Contracts
All provisions of this policy apply to employees covered by formal labor contracts except when
such provisions are in conflict with labor contract provisions, in which case, the labor contract
provisions shall apply.
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1.0 INTRODUCTION
1.05. Employee Classification and Hours of Work
Due to the necessity of providing service twenty-four hours per day, seven days per week, it is a
reasonable condition of employment to require that employees work a regular schedule of hours
as established by the City. Regular schedules may include shift rotation and emergency work
schedules based on public necessity as determined by the City. The following are descriptions of
the employee classifications and work schedules for the types of employees utilized by the City.
Employees are designated as either non-exempt or exempt from federal and state wage and hour
laws. Non-exempt employees are entitled to overtime pay under specific provisions of federal and
state wage and hour laws. Exempt employees are excluded from specific provisions of federal and
state wage and hour laws and do not receive overtime pay.
l. Regular full-time and probationary full-time employees, set up in the annual budget,
generally have a work schedule of forty (40) hours per week. Exempt employees are
expected to work the hours necessary to complete their job duties. The City may
require non-exempt employees to work overtime, as discussed in Section 6.02.
2.Part-time employees have a work schedule that is less than forty (40) hours per week.
Only regular part-time employees who work an average number of hours equaling or
exceeding thirty-two (32) hours per week, are eligible to receive employee benefits
(i.e. vacation, sick leave, holidays, insurance, etc.) and these benefits shall be received
on a pro-rata basis of hours worked in comparison to forty (40) hours per week. Part-
time employees who work an average number of hours between 20 and 32 hours per
week may be eligible to purchase from the City’s health and life insurance programs on
a pro-rata basis of hours worked in comparison to forty (40) hours per week.
3. Seasonal and Temporary employees may work forty (40) hours or less per week for a
period not exceeding 67 days a year, or for not more than 100 working days in a
calendar year if under the age of 22 and are full-time students and are not eligible for
fringe benefits.
Employees should be made aware of their work schedules by a method suitable for the various
City Departments. Any changes in work schedules must be made known to employees affected
ahead of time when the schedules take effect, except in the case of emergencies.
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2.0CITY OF SHOREWOOD ORGANIZATION
2.01. Mission Statement of Purpose
The City of Shorewood is committed to providing residents quality public services, a healthy
environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
2.02. Management Philosophy
The management philosophy sets the tone for operations throughout the City. It is the blueprint
for how we are to function in achieving goals consistent with City values. Our management
philosophy is:
1. Be recognized by Shorewood residents and businesses as a model of good government.
2. Respect employees, volunteers, and commissioners not only as our greatest asset, but as
team members who, with a shared vision of increasing productivity and accountability, are
the key to service excellence.
3. Provide the highest quality services and a value in municipal services.
4. Utilize "user friendly" systems and processes. Association with the City, in any capacity,
should be as enjoyable and focused as possible.
2.03 Core City Values / Attributes
The Shorewood City Council, in its governing role, is responsible for setting policies for the City,
which are implemented by the Administrator and City employees. Furthermore, the Administrator,
employees, and City Commissions propose overall goals, specific objectives, service levels, and
action plans for Council consideration and direction.
This "team" makes decisions and acts based on a strong set of values. These are:
RESPECT
– Showing consideration and understanding for co-workers, council members,
and the public and treats them with fairness and dignity.
INTEGRITY
- carrying out ones duties and responsibilities with a high degree of
professionalism, honesty, and truthfulness.
COMMUNICATION
– Information is accurate, complete and provided in clear, direct,
and understandable form whether written or verbal and is delivered a professional manner.
Actively listens to co-workers, the public and council and seeks to understand the others
point of view.
POSITIVE ATTITUDE
– Approaches situations, issues and problems with enthusiasm,
an open mind and views each challenge as an opportunity.
TEAM WORK
– Working cooperatively with other staff by providing constructive input
on projects. Shares insights in an honest, respectful manner and is willing to ask for
assistance as well as provide assistance to co-workers.
RESPONSIVENESS
– Promptly responds to telephone calls and e-mails e.g. within 24
hours. Organizes work flow based on established deadlines and priorities. Communicates
in a timely manner when a deadline will not be met and re-establishes a reasonable
completion date.
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2.0CITY OF SHOREWOOD ORGANIZATION
2.04. Principles of Employee Management Relationship
People want to be great. Our people should be challenged and encouraged to grow by being
given authority and responsibility.
Learning and responsibility are invigorating.
We should strive to be self-starting, problem solving, responsible, and independent thinkers.
We strive to be a group of people who function together in an extraordinary way - who trust
one another, complement each others’ strengths and compensate for each other’s limitations,
who have common goals that are larger than individual goals, and who produce extraordinary
results . . . a great team.
Treat people the way you want to be treated.
Teamwork, creativity, positive attitude, and excellent performance need to be acknowledged.
Work should be enjoyable. Personal growth and balance between work and home are to be
supported.
New members of the team deserve to have a complete orientation including City vision,
values, purpose, budgets, plans, and personal expectations.
2.05 Administration
1.The City Council makes all decisions related to the hiring and removal of employees,
however, the City Council designates the City Administrator to oversee and administer the
day to day operations of the human resources function, to implement and ensure
compliance with this policy manual, and to make recommendations regarding the hiring
and removal of employees to the City Council.
2.The City Council hereby establishes a Personnel Committee to work with the City
Administrator on Human Resources related issues and concerns. The Personnel
Committee shall be structured in the following manner and operate as described below.
a.The Committee shall consist of the Administrator, the Mayor, and one member of the
City Council selected by the Council
b.The Committee shall meet as necessary and prudent to discuss with the Administrator
personnel issues, labor contracts, benefits, legislative issues, or other pertinent issue
related to human resources.
c.The Committee shall coordinate the annual review of the Administrator. As part of this
process, the committee shall solicit input from others the Administrator interacts with
such as the police and fire chief, department heads, etc. The Committee with gather
the data and provide the information to the rest of the Council prior to the review with
the Administrator which is conducted by the full Council.
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2.0CITY OF SHOREWOOD ORGANIZATION
d.The committee will meet with the Administrator for the purpose of reviewing the
evaluation prepared by the Administrator for Department heads and review
recommendations, if applicable, to compensation changes.
e.In the case of potential disciplinary action, the committee shall meet with the
Administrator to review and discuss the issue and recommended action of the
Administrator. The Committee may, if warranted, also meet with the affected
employee.
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2.06. Organizational Chart
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3.0 EMPLOYMENT
3.01. Equal Employment Opportunity Statement
It is the policy of the City to give equal employment and advancement opportunities to all
qualified persons without regard to race, color, religion, sex, sexual preference, age, national
origin, marital status, disability, status with respect to public assistance or any other characteristic
protected by law. Except where required or permitted by law, all employment practices will be
based on merit, qualifications and abilities without regard to race, color, religion, sex, sexual
preference, age, national origin, marital status, disability, Veteran’s status, status with respect to
public assistance or any other characteristic protected by law.
Any employee or applicant who has a question or concern regarding the City’s employment
practices should bring the issue to the attention of their immediate supervisor or City
Administrator. Individuals can raise questions or concerns and make reports without fear of
reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to
disciplinary action, up to and including termination of employment.
3.02. Hiring Procedures
Every Regular full-time appointment to municipal service shall be recommended by the City
Administrator and approved by the City Council.
Each hiring or promotion must follow the hiring procedures outlined below:
1.Vacancy is posted internally three (3) working days prior to publication.
2.Vacancy is published a minimum of one week in the publication of choice.
3.Vacancy is published in monthly newsletter, time permitting.
4.Applications are available at City Hall. Letter describing process and an application
addendum are attached.
5.Applications are received at a central location at City Hall (confidential sheets are removed
and stored elsewhere).
6.If a written test is required, all applicants are invited in to take the test.
7.Applicants and any testing material are scored based upon a point system.
8.The top candidates are invited in for a practical test and an interview. Candidates are asked to
fill out forms during interview authorizing reference checks, background check, and physical
and drug testing.
9.Applicants are scored on practical and interview based upon a predetermined listing of
questions and points.
10.Top candidate is sent a Letter of Intent to Hire.
11.Council considers authorization to hire based upon remaining criteria positively satisfied.
12.Candidate’s physical and drug testing scheduled.
13.Staff calls for references and requests a background check.
14.After all criteria is satisfied, candidate is sent a letter of appointment.
15.Date is established to begin work.
16.Letters are sent to remaining candidates.
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3.0 EMPLOYMENT
3.03. Information Provided for the Employment Application
No person shall willfully or knowingly make any false statement, certification, mark, rating, or
report in regard to any examination, certification, or appointment held or made, or in any manner
commit or attempt to commit any fraud preventing the impartial execution of the employment
selection process. No person seeking appointments to or promotion in employment of the City
shall either directly or indirectly give, render, or pay any money, service, or any other valuable
consideration to any person for or on account of or in connection with the employee’s
appointment, proposed appointment, promotion, or proposed promotion.
The City of Shorewood will comply with all applicable Federal, State and local laws. The City
will deal fairly and equitably with its employees and the public.
3.04. Employment of Relatives
Employment in City service shall be based on qualifications and merit. Appointments shall be
made by the Hiring Procedures described in the Employee Handbook Section 3.02. No position
shall be granted and no appointment shall be made to an immediate family member of a current
City employee if the hiring process is clearly inconsistent with the Hiring Procedures described in
Section 3.02. Appointments and assignments which would place employees under the direct
supervision of immediate family members are prohibited.
The City reserves the right to revise work assignments, transfer employees or make other
appropriate decisions in order to prevent placement of an individual in a supervisory capacity over
an immediate family member.
3.05. Promotion from Within
Notice of all job openings or vacancies shall be posted for at least three (3) calendar days in an
appropriate place. Any employee desiring to apply for such job opening shall do so in writing by
the closing day. Applications from present employees shall be considered in the same manner as
applications from new applicants in applying for any such new job opening or vacancy. At the
discretion of the City Administrator, job vacancies may be opened internally to current employees
first. Should a candidate of the highest quality not be found, the vacancy may then be opened to
the general public.
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3.0 EMPLOYMENT
3.06. Pre-Employment and Job-Related Examinations
All new full and regular part-time Public Works employees shall be required to have a job-related
physical examination after a conditional offer of employment has been made. The cost of any
such examinations shall be paid by the City.
Job applicants seeking employment for Commercial Motor Vehicle Driver positions shall be
required to undergo testing for the presence of drugs after they have received an offer of
conditional employment.
At any time, employees may also be required to undergo drug and alcohol testing in accordance
with the City’s drug and alcohol testing policy (see Sections 3.09 and 4.13).
3.07. Drug and Alcohol Testing for Positions Requiring CDL
Employment offers will be made contingent upon taking the required test and withdrawn in the
event that the test is refused or there is a verified positive test result. If the employment offer is
withdrawn following testing, the applicant will be informed of the reasons for the withdrawal.
The City’s complete Drug and Alcohol Policy is attached in Appendix A.
3.08. Probationary Period
Subdivision 1. Duration and Purpose
All new, rehired, promoted, or reassigned employees shall complete a six (6) month probationary
period upon assuming their new positions. This period shall be used to observe the employee's
work habits and ability to perform the work that they are required to do.
Subdivision 2. Extension
An employee's probationary period may be extended for an additional period of time, up to six (6)
months, by the City Council upon the recommendation of the City Administrator.
Subdivision 3. Termination
The City Council may terminate a probationary employee anytime during the probationary period
if the employee's performance indicates that the employee is unable or unwilling to perform the
duties of the position satisfactorily or that his/her work habits and dependability do not merit
continuance in the position. The employee so terminated shall be notified in writing of the reasons
for the termination and shall not have the right to appeal unless he/she is a Veteran, in which case
the procedure prescribed in Minnesota Statutes Section 197.46 shall be followed.
Subdivision 4. Completion
Before the end of the probationary period, the City Administrator will recommend, with Council
approval, one (1) of the following actions.
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1. Extension of the probationary period;
2. Regular Employment; or
3. Termination.
Subdivision 5. Vacation and Sick Leave
During a new or rehired employee's probationary period, vacation leave and sick leave shall be
earned, but the employee shall not be allowed to take vacation until after completion of the
probationary period. Sick leave may be taken during the probationary period not to exceed the
sick leave time earned.
Subdivision 6. Performance Reports
The employee’s supervisor shall conduct a review at three (3) months. The supervisor shall
review the employee, provide a written assessment that outlines the areas where the employee is
succeeding, and identify areas that require additional training and/or improvement. The employee
will sign the document and the supervisor will forward the review to the Administrator and if
requested, will go over the progress of the employee with the Administrator. Before the end of six
(6) months, the supervisor shall submit a written report to the City Administrator documenting
the supervisor’s observation of the employee’s performance, the supervisor’s judgment as to the
employee’s continued satisfactory performance, and whether the supervisor intends to retain the
employee in this position. The supervisor of a probationary employee shall discuss the
employee’s performance with the employee. Copies of the written performance reports shall be
submitted to the City Administrator and the employee. All written reports become part of the
employees official personnel file kept by the City Administrator.
3.09. Grievance Policy
Subdivision 1. Process
It is the policy of the City insofar as possible to prevent the occurrence of grievances and to deal
promptly with those which occur. When any employee grievance comes to the attention of a
supervisory employee, the supervisor shall discuss all relevant circumstances with the employee,
and his representative if he so desires, consider and examine the causes of the grievance, and
attempt to resolve it to the extent that he has authority to do so. If the grievance is not dealt with
satisfactorily at that level, the grievance may be carried up to the next higher administrative level,
including the City Council. While each grievance will be addressed as appropriate under the
specific circumstances, an example of the process is as follows:
1. Employee to immediate supervisor
2. Employee to next supervisor (in most cases this is the City Administrator)
3. Employee to City Council
Subdivision 2. Communication
It shall be the duty of the employee with the grievance to inform all direct supervisors, including
the City Administrator, what steps the employee plans to take to resolve the grievance. If the
employee wishes to take the grievance to the City Council, the City Administrator shall set up an
appointment for the employee to meet with the Council.
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3.0 EMPLOYMENT
3.10. Personnel Record
Subdivision 1. Complete Information
For payroll purposes, an employee must notify the City Administrator or designee in case of a
change in address, telephone number, marital status, or number of dependents.
Subdivision 2. Access; Taking Exception
All information about an employee shall be accumulated and disseminated according to the
Minnesota Government Data Practices Act. Employees may review their personnel file, to the
extent permitted by the Minnesota Government Data Practices Act. Should the employee take
exception to anything contained in the personnel file, a written recommendation stating this
concern may be included in the file.
3.11. Questions or Problems
Careful observance of policies and procedures by all employees will have a direct bearing on the
success of our service to the residents of Shorewood and surrounding communities. Supervisors
are ready to answer questions, or to further explain and obtain information about any phase of this
Handbook that is not clear. All employees should feel free to ask questions and discuss their
problems with their own supervisor and the City Administrator.
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4.0 RESPONSIBILITIES OF EMPLOYEES
4.01. Gifts and Endorsements
Employees may not accept gifts or other gratuities when such items have more than a nominal
monetary value as defined in Minnesota Statutes. Employees found not to be in compliance with
this policy will be subject to disciplinary action.
City employees may not endorse any particular product or company. Employees may give
information of appropriate agencies or sources where a listing of applicable services/products may
be available.
Accepting gifts or gratuities or recommending/endorsing products is cause for disciplinary action.
4.02. Solicitations and Distribution of Literature
The City does not allow solicitations or distribution of literature to take place on City time or on
City property. Employees are prohibited at all times from distributing or posting literature with
content which violates any other City policy, such as the policy prohibiting harassment. If
employees have a message of interest to the workplace, they may submit it to the City
Administrator for approval. If you are asked to purchase goods, contribute funds, etc. while on
City premises, please notify your supervisor immediately.
4.03. Conflict of Interest
Employees may not engage in outside employment that hinder, in any way, their objective and
impartial performance of their public duties, reflect poorly on the City, or impair their efficiency
on the job. Employees must obtain prior authorization from their Department Director before
accepting outside employment. In no event will it be allowed for the work schedule of outside
employment to be in conflict with the employee’s work schedules with the City. Any employee
attempting to work both jobs simultaneously will face disciplinary action up to and including
termination. Employees granted authorization to engage in outside employment shall not conduct
this outside business on or within City property.
4.04. Time Sheets
Each employee of the City shall complete a time sheet. Time sheets shall cover a two (2) week
(fourteen [14] day) period. Time sheets shall show all hours worked and the department said
work is to be charged to. Time sheets must be approved and signed by the employee’s supervisor.
Exempt, salaried employees shall record hours actually worked, and shall show eight (8) hours
each day and forty (40) hours each week regardless of the hours actually worked.
4.0 RESPONSIBILITIES OF EMPLOYEES
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4.05. Lunch Breaks
All full-time employees are entitled to a one-half (l/2) hour lunch period daily. If an employee
needs more time for the lunch break, arrangements must be made with the Department Director to
make up the additional time, or it shall be deducted from the employee's total work time reported
for the day. Compensatory time may also be used by hourly employees for longer lunch breaks at
the discretion of the Department Director. Employees must have the prior approval of their
immediate supervisor before taking an extended lunch break.
4.06. Breaks
All full-time employees’ work schedules shall provide for a fifteen (15) minute rest period during
each four (4) hour work period. Such rest periods shall be scheduled so as not to interfere with
work requirements.
4.07. City Vehicles
City vehicles shall not be driven for lunch or breaks, unless authorized by the Department
Director.
4.0 RESPONSIBILITIES OF EMPLOYEES
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4.08. Political Activities
Subdivision 1. Influence
No employee shall, directly or indirectly, during his/her hours of employment solicit or receive
funds, or at any time use his/her authority or official influence to compel any other employee to
apply for membership in or become a member of any organization, or to pay or promise to pay
any assessment, subscription or contribution, or to take part in any political activity.
Subdivision 2. Non-partisanship
Shorewood City government is nonpartisan. You, as an employee of the City, may exercise the
same political rights as any other citizen, except in instances where an employee’s activity detracts
from the public’s perception of the City as a neutral and impartial entity. City policy prohibits
employees from participating in political activities on City time or while performing City
functions, or at City facilities. It is also not permissible to identify oneself as a City employee by
either appearance or declaration while expressing personal political opinions. The City does,
however, encourage you to exercise your right to vote, and to feel free to attend political
meetings or become a member of political organizations. If a City employee becomes a candidate
for political office, it is understood that a leave of absence without pay may need to be taken.
Should the political activity prohibit the employee from performing his/her duties, the person’s
employment may be terminated. If the City employee becomes a candidate in another City, then it
is understood that the position in which the employee is running for will not by any
means affect his/her current job. If at some time the position does come in conflict with one’s job
with the City, then resignation from the elected position will be asked, or termination from the
current City job will be in effect.
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4.09. Use, Care, and Provision of Technology Services
This policy serves to protect the security and integrity of the city’s electronic communications and
information systems by educating employees about appropriate and safe use of available
technology resources.
The city reserves the right to inspect any data, e-mails, social media content, files, settings, or any
other aspect or access made by a city-owned computer, cell phone, mobile data device, or related
system and will do so on an as-needed basis as determined by the City Administrator.
All employees are responsible for reading and following information that may be distributed from
time to time by the contracted IT provider or the City Administrator regarding appropriate
precautions to protect city systems.
An employee who violates any aspect of this policy is subject to disciplinary action including
restriction or revocation of system privileges or termination.
Section 1. Government Data Practices
In accordance with the Minnesota Government Data Practices Act, generally known as Chapter
13, all information kept, maintained, transmitted, held or received on equipment owned by the city
or where an employee is reimbursed for said use, such as computer, laptop (notebook), telephone,
cellular phone, smart phone e.g. I phone, Blackberry, droid, etc, whether or not such
communication or information is personal, is public information and is governed by the Minnesota
Government Data Practices Act and the Government Data Retention requirements. This includes
all e-mail, voice messages, documents, spreadsheets, memorandums, texts, posts, etc. Work done
and stored on a personal computing device is also covered by the MGDPA, thus it is
recommended any work completed on a personal computing device while connecting remotely to
the worksite, be stored on the city’s server and not on the employees personal computing device.
Section 2. Computer and related systems
a.Software, hardware, games, and screen savers
In general, the city provides all software and hardware required for an employee to
perform his or her job functions. Employees who need new or different equipment or
software are to make such a request to the supervisor who will coordinate with the City
Administrator, purchasing, and IT consultant. Unauthorized software or downloads (free
or purchased), hardware, games, screensavers, toolbars, clipart, music or video clips, or
other equipment, can compromise the integrity of the city’s computer system and are
therefore prohibited. The city, without notice, can inspect and remove all unauthorized
programs, software, equipment, downloads, or other resources that have the potential to
compromise the system or performance. Employee’s with questions about software,
hardware, downloads, etc, should discuss this with their supervisor.
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b.Electronic mail
The city provides employees with an e-mail address for work related use. The City allows
some personal use of the city e-mail by employees provided such use does not interfere
with an employee’s normal work and is consistent with city policies. The city allows
employees to access personal email accounts via the internet provided such access occurs
during non-work hours and fully complies with this policy. An employee’s personal e-mail
(and other personal documents) accessed via a city computer can be considered public
data and may not be protected by privacy laws. Personal e-mail and computer use can be
monitored by the city and without notice to the employee. Employees should not expect
privacy in any activity conducted on city owned equipment.
The following relate to both business and personal e-mail content sent from city
computers or other mobile devices:
1)Use common sense and focus primarily on using e-mail for city business. Never
transmit an e-mail that you would not want you supervisor or other employee to
read, or that you would be embarrassed to see in the newspaper.
2)Do not correspond by e-mail on confidential communications.
3)Do not open e-mail attachments or links from an unknown sender. Delete junk or
“spam” e-mail without opening if possible and do not respond to unknown
senders.
4)Do not gossip or include personal information about yourself or others in an e-
mail.
5)Do not use harassing language, including sexually harassing language or any
remarks including insensitive language or derogatory, offensive, or insulting
comments or jokes in an e-mail.
6)All e-mail must comply with city policies.
7)Do not use profanity in an e-mail.
c.Instant Messaging
The city does not provide employees with resources or tools to communicate by Instant
Messaging (IM) when conducting city business. Employees are not allowed to use IM as a
mechanism for personal communication through the city’s computer network or when
using city equipment and are not allowed to download or install any IM software on their
city computer.
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d.Social Media
The City may establish a presence on such social media sites as Facebook, MySpace,
Twitter, Linked-in, etc, in order to distribute information about the city, events, activities,
etc. The posts and information on these sites is governed by this policy and will include
only information related to the City of Shorewood or other agencies working with the City
of Shorewood. The communications coordinator is responsible for maintaining and
updating information on these sites with assistance of the website coordinator. All City of
Shorewood pages on social networking/media sites will contain a disclaimer that all posts
by “friends or fans” are public information and that such comments and posts do not
represent the opinion or position of the City of Shorewood.
Individual employees may have their own social networking pages to connect with family,
friends, work associates, etc. Employees are encouraged to refrain from posting items on
their page and other pages and identifying themselves as employees of the City of
Shorewood. Furthermore, employees are reminded that they represent the City and to take
reasonable care in what is posted and allowed to be posted on their personal pages.
e.Storing and Transferring Data and Documents
Any work related documents created on an employee’s personal computer are to be
transferred to the city’s network system as soon as practicable such that work related
information is not maintained on the employee’s personal computer.
Electronic information is retained in accordance with the records retention requirements
established by the city.
f.Internet
The city provided employee’s access to the Internet so the employee can accomplish city
business. The City understands that some personal use of the Internet will take place and
is acceptable within the bounds. The following apply to employee use of the Internet be it
for professional or personal reasons:
1.
Internet use during work hours should be limited to subjects related to job duties.
2.
Personal use of the internet should take place during breaks, before, or after regular
work hours.
3.
Accessing social media sites such as Facebook, MySpace, etc, is prohibited on city
owned equipment, except for staff specifically authorized to maintain a City sponsored
page.
4.
No adult oriented material shall be accessed, viewed, or stored.
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5.
No software or files shall be downloaded from the internet unless specifically
authorized and approved employee’s supervisor. The employee seeking to download
software or files must demonstrate the need for the software or files.
6.
Employees shall not participate in chat rooms unless part of an authorized webinar or
web-based training program.
7.
The city may monitor an employee’s use of the internet at any time for any reason with
or without notice.
g.Password and security of notebook computers
Employees are responsible for maintaining and keeping computer passwords secure.
Password guidelines are as follows:
1.Passwords must be at least eight (8) characters long and include at least one upper
case character and a number. Employees are encouraged to include one non-
alphanumeric character such as %, $,(, ^, as well.
2.Do not share or disclose your password except when working with the IT provider
when accessing your computer remotely to troubleshoot issues.
3.Employees must change their password every 90 days.
Employees, who use notebook or other portable computers, shall not leave the device in
their vehicle unless secured in a trunk or other location not visible to the general public, or
in a room unattended out in the open.
Computers must be set to time out and lock when unattended for more than five (5)
minutes.
Section 3 – Cellular and “Smart” Phones
a.Mobile Communications such as cellular telephones, personal digital assistants (PDA’s),
smart phones, etc, provide employees with the tools necessary to communicate faster,
access information while away from the office, become more productive, and provide
greater services to the public. It is also understood such devices add to operating expenses
and present possible security risk to the City. This policy is intended to manage costs and
maximize security while ensuring necessary employees have the tools to be the most
productive.
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b.The City of Shorewood will consider providing a mobile communications device to
employees, or reimbursing employees for using their personal device for business
purposes. The determination as to who shall be eligible shall be left to the employee’s
supervisor and approved by the City Administrator. The supervisor shall take in to
consideration improvements to productivity, customer service, increased efficiency, and
performance in making this determination.
c.
Mobile communications devices provided by or reimbursed in full by the City of
Shorewood shall be used for business related purposes only. Personal use of said device,
beyond “de minimis” use, shall be reimbursed by the employee at the per minute rate
charged by the carrier. Employees will receive reimbursement upon meeting the following
conditions:
1.The employee provides the monthly invoice to their supervisor for review
and approval prior to submittal to the Finance Department.
2.The city will provide reimbursement for the lowest possible plan available
by the selected carrier e.g. for a smart phone through Verizon the
reimbursement would be for the 450 minute national plan at 79.99 per
month.
Reimbursement for Use of Personal Device –
d.An employee who uses their personal
device for business purposes on an occasional basis, shall receive reimbursement for that
business use by the City based on the per minute rate charged by the carrier up to sixty
(60%) percent of the total monthly contract amount. To receive reimbursement, the
employee shall provide their supervisor a copy of their monthly bill with the business calls
highlighted. The supervisor shall approve the request and submit to Finance for
reimbursement.
Section 4 - Telecommuting and Remote Access
a.The City provides employees the ability to connect remotely to the worksite to access
their e-mail and documents from home or other remote location. The City provides this
access for the convenience of the employee, to provide added work schedule flexibility
when needed, and other related benefits.
b.Employees who wish to telecommute must propose a schedule with their supervisor and
obtain approval of the city administrator before the telecommuting begins. The schedule
shall not be for more than three (3) days per week and shall not affect services provided to
the public if the position provides direct customer service.
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c.The employee is responsible to provide their own internet access and shall follow all the
provisions of this policy while telecommuting. A department head who chooses to work
from home and who has a mobile communications device shall forward their office phone
to their mobile phone for that day.
d.A non-exempt employee who is on vacation or home on sick leave, is not expected to
access their e-mail or files and work from home during this period. Working from home
while on sick leave does not constitute a regular day and will be counted as a sick day.
e.The city may monitor and track employees who telecommute with or without their
knowledge.
f.An employee who uses their personal computer to connect to the City’s secure network to
access from home or telecommute, are required to maintain current anti-virus software
and shall not retain government data on their personal computer.
g.The City Administrator may terminate an employee’s remote access and telecommuting
schedule at any time and for any reason.
Section 5 – E-mail
. In addition to the provisions contained in Section 2(b) above, specific
provisions apply to e-mail communications to, by, and between city council members. Generally,
e-mail to Council members by staff is to be informational only and is not to solicit discussion,
input, or opinions on a pending or upcoming issue.
Council members who have general information that is of interest to the rest of Council should
send the information to the City Administrator for distribution to the rest of Council.
Section 6 – Telephone Communications.
The City provides each employee with a desk phone
equipped with voice mail. Employees are expected to check and return voice mail regularly
throughout the day and if not by the end of the day, as soon as practicable the following day. A
department head that has a mobile communications device provided by or reimbursed by the city
is away from the office for an extended period of time, they shall program their desk phone to
forward calls to their mobile device. An employee that is on an extended absence is to update
their greeting advising callers of their absence and expected date of return.
Section 7 - Misuse and Abuse
– An employee found in violation of this policy including but not
limited to, filing a false reimbursement request, excessive personal use of internet or phones,
search improper content, etc, will receive discipline in accordance with the policy manual.
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4.10. City Website Content Policy
With respect to the need to ensure that the information to be published is appropriate for the
City’s Web pages, the following policy statement shall apply:
Content to be published on the City Web pages shall be of a nature directly related to the business
of the City, including, but not limited to public information statements, city council meeting
minutes, City Hall offices and people to contact, emergency notice information, web links and
other material which is specifically approved by the City Administrator. Content not included in
this policy statement is specifically prohibited from being published on the City Web pages.
Deviations from this policy require the written approval of the City Administrator. Such
deviations are expected to be very infrequent. If frequent, similar deviations are approved, then
this policy should be revised accordingly upon written direction of both the City Council and City
Administrator.
4.11Offensive Behavior Policy
Note: The City’s Sexual Harassment Policy is provided in Appendix B.
Scope
This policy applies to all officials, employees, volunteers and contracted personnel of the City of
Shorewood.
Purpose
The City is committed to providing a work environment that is free of discrimination and unlawful
harassment. The City will not tolerate unlawful harassment of its employees or officials by
anyone. Neither will the City tolerate unlawful harassment of other individuals by its employees
or officials. Such behavior includes inappropriate remarks about or conduct related to
an employee’s race, color, creed, religion, national origin, sex, pregnancy, marital status,
disability, age, status with regard to public assistance, sexual orientation or other statutorily
protected categories.
Policy
No official, employee, vendor or other individual associated with the City may engage in verbal or
physical conduct that denigrates or shows hostility or aversion toward an individual because of
that person's race, color, creed, religion, national origin, sex, pregnancy, marital status, disability,
age, status with regard to public assistance, sexual orientation, or membership in any other
statutorily protected categories or that of the person's relatives, friends or associates, if the
conduct:
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1. has the purpose or effect of unreasonably interfering with the person's work
performance; or
2. otherwise adversely affects that person’s employment opportunities.
The following are examples of prohibited harassment. Please note that these are not the only
examples. If you have a question about whether conduct is permissible under this policy, you
should discuss it with your supervisor or with the City Administrator.
Epithets, slurs or negative stereotypes;
Intimidating or hostile acts based upon protected classification;
Written or graphic material that denigrates or shows hostility or aversion to persons of
a protected classification and that is posted or circulated on City property.
One specific kind of offensive behavior prohibited by law is sexual harassment. The City’s Sexual
Harassment Policy is provided in Appendix B. Sexual harassment is a form of employee
misconduct that is demeaning to another person, undermines the integrity of the employment
relationship, and is strictly prohibited. Sexual harassment includes unwelcome sexual advances,
requests for sexual favors, physical conduct or other conduct when (1) submission to such
conduct is stated either explicitly or implicitly as a condition of an individual ’s employment or
career advancement; (2) submission to or rejection of such conduct is used as the basis for
employment or promotion decisions affecting an individual; or (3) such conduct has the purpose
or effect of unreasonably interfering with an individual’s work performance or creating an
intimidating, hostile or offensive work environment.
Depending on the circumstances, sexual harassment can include (but is not limited to) the
following behavior
:
Dirty jokes, use of obscene or sexual words or phrases, inquiries into personal matters,
comments about a person’s body, unwanted physical touching, display of offensive or
sexually explicit pictures, magazines, books or cartoons, sexual advances, mental or
physical intimidation, explicit sexual misconduct, and
any suggestion that a person’s job, job benefits, or advancement depends on that
employee’s giving of sexual favors.
Supervisory and Management Employees
The City requires that its supervisors and managers act responsibly and professionally at all times.
The City requires that supervisors and managers avoid improper language or conduct which might
be incorrectly interpreted by another individual. Supervisors and managers should avoid placing
themselves in situations where even the appearance of sexual harassment or improper favoritism is
a possibility.
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If any supervisor or manager receives a complaint regarding conduct prohibited by this policy, or
witnesses any such conduct, he or she should report it to the City Administrator immediately so
that management can promptly investigate and take appropriate corrective action that it deems
warranted.
Procedure for Making Complaints Under the Policy
The City is unable to respond to an employee’s concern about discrimination, prohibited offensive
behavior or harassment if the employee does not inform the organization that such conduct has
occurred or is occurring. Therefore, any employee who believes that he or she is the victim of
prohibited offensive behavior or harassment should promptly bring the matter to the attention of
his or her immediate supervisor or to the City Administrator.
All concerns will be addressed as promptly as feasible either by investigation or other means
appropriate under the circumstances. The City will respond to allegations of harassment as it
deems appropriate and reserves full discretion to issue any disciplinary action, up to and including
immediate termination of employment.
Reports of harassment will be treated with discretion. Employees who make complaints of
harassment or who participate in a City investigation of such a report will be expected to fully
cooperate with the City by providing complete and accurate information as requested by the City.
An employee who makes a complaint of harassment should be prepared to provide the person
dealing with the complaint with as much detailed information as possible on the behavior in
question, including the names of any witnesses. Employees who are accused of harassment will
be given an opportunity to present their side of the story, and are expected to cooperate fully with
any investigation.
False Reports
Making a false or fabricated complaint of harassment will be treated very seriously. Any
employee who is found to have made such a complaint will be subject to discipline, up to and
including dismissal.
Non-Retaliation
The City follows applicable statutes which prohibit retaliation against any employee who makes a
discrimination complaint or who participates in any investigation under the discrimination laws.
Involvement in an investigation will not, however, insulate an employee from appropriate
disciplinary or other employment actions. Any employee who feels that he or she has experienced
retaliation under this policy should immediately report it to any person responsible for receiving
harassment complaints under this policy. Any employee found to have engaged in prohibited acts
of retaliation will be subject to disciplinary action, including dismissal.
The City’s policy is to follow all applicable anti-discrimination laws. The above information is
intended as a short summary of those requirements. Any questions regarding this policy should be
directed to the City Administrator.
4.12 Firearms Prohibited While Performing Work for the City
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The purpose of this policy is to state that City employees shall not carry weapons while they are
performing City business.
The City of Shorewood hereby establishes a policy prohibiting all employees from carrying or
possessing firearms while acting in the course and scope of employment for the City. The
possession or carrying of a firearm by employees is prohibited while working on City property or
while working in any location on behalf of the City. These circumstances include but are not
limited to:
Driving on City business
Riding as a passenger in a car or on any type of transit on City business
Working at City Hall or any other City-owned work site
Working off-site on behalf of the City
Performing emergency or on-call work after normal hours and on weekends
Working at private residences and at businesses on behalf of the City
Attending training or conferences on behalf of the City
If a City employee must drive his or her personal vehicle on City business, he or she may check a
firearm with the South Lake Minnetonka Police Department (SLMPD) during the workday and
retrieve it after work. The SLMPD will establish procedures to ensure that the firearm is locked
up and is not able to be retrieved by anyone other than the owner/employee.
When responding to on-call work from home after regular work hours, an employee is prohibited
from bringing a firearm in his or her private vehicle unless the vehicle remains in a parking lot and
is not needed in order to respond to the call.
Violations of this policy are subject to disciplinary action in accordance with the City’s
disciplinary procedures policy.
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4.0 RESPONSIBILITIES OF EMPLOYEES
4.13Drug/Substance Abuse
Note: The City’s complete Drug and Alcohol Testing policy is provided in Appendix A.
The City recognizes that alcoholism and other drug dependencies are a significant social problem
with a potential for causing severe effects to the City's workforce. The City recognizes that it has
a responsibility to maintain a drug free workplace. It also recognizesthat drug dependency may be
an illness. Consistent with this understanding, however, the City has an obligation to ensure that
its employees perform their jobs efficiently, safely and in a professional business-like manner.
Therefore, the purpose of this policy is to set forth the rules regarding alcohol and other drug
uses, including unlawful drug use or abuse, in the workplace.
This policy is applicable to all employees of the City and shall be enforced by each Department
Director and/or City Council.
No employee shall be permitted to work or to continue to work under the influence of alcohol,
marijuana, controlled substances, or other drugs which affect their alertness, coordination,
reaction, response, judgment, decision-making or safety.
No employee shall operate, use or drive any equipment, machinery or vehicle of the City while
under the influence of alcohol, marijuana, controlled substances or other mood-altering drugs.
Such employee is under an affirmative duty to immediately notify their Department Head that they
are not in appropriate mental or physical condition to operate, use or drive City equipment.
No employee shall unlawfully manufacture, distribute, dispense, possess, transfer, or use a
controlled substance in the workplace or wherever the City's work is being performed. The City
shall notify the appropriate law enforcement agency when they have reasonable suspicion to
believe that an employee may have illegal drugs in their possession at work or on City premises.
Where appropriate, agencies shall also notify licensing boards.
Every employee engaged in the performance of work on federal grants or contracts is required to
notify the City of any criminal drug statute conviction for a violation occurring in the workplace
no later than five (5) days after such conviction as required by the Drug-Free Workplace Act of
1988.
Any alcohol and/or other drug testing undertaken by the City shall be in accordance with Minnesota
Statutes 181.950-957 (2004),the Minnesota Drug and Alcohol Testing in the Workplace Act.
The City recognizes that there are available drug counseling, rehabilitation and employee
assistance programs. Employees who may have an alcohol or other drug abuse problems are
encouraged to seek assistance through these programs.
Any employee violating the provisions of this policy shall be subject to disciplinary action as set
forth in employee “Discipline” Policy (see Section 10.01)
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5.0 TRAINING AND DEVELOPMENT
5.01. Education Reimbursement
The City of Shorewood encourages all forms of education and training that improves the
qualifications of employees in their current positions and may prepare them to take other positions
within the City organization. The City encourages its employees to enroll in job- and City-related
educational courses and may provide financial assistance by reimbursement.
Upon successful completion of an approved class in any accredited college, vocational school, or
correspondence school, the City will reimburse any regular full-time employee the costs of tuition,
books, and course-related fees. Courses that are not directly City-related, but are required to earn
a degree or accreditation preferred by the City, are eligible for reimbursement. Successful
completion means that the employee receives a satisfactory grade (“C” or better, or “pass” on a
pass/fail basis) and provides documentation of same by the educational institution. Prior written
approval of the course must be given by the City Administrator for any reimbursement.
Employees must submit the Education Reimbursement Application for such approval.
Employees are required to take the courses outside of their normal work schedules. If time off to
attend classes during regular working hours is approved by a department director, such time must
be fully made up at another time approved by the director.
The maximum annual reimbursement is $3,000 per regular full-time employee (minimum average
of 32 work-hours per week), on pro-rated subject to the availability of City funds. Regular part-
time employees are eligible for a pro-rated maximum reimbursement, based on the average
number of hours worked per week, subject to the availability of City funds.
When an employee voluntarily terminates employment with the City, he/she will be required to
repay all of his/her education reimbursement from the City for one full calendar year prior to the
effective date of resignation.
This policy applies to those elective educational coursework --classes that employees choose to
take on their own. It does not apply to coursework required for licensure or accreditation for an
employee’s position, and it does not apply to occasional classes, seminars, workshops, and
conferences that the City makes available for training and development.
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6.0 COMPENSATION AND WAGE ADMINISTRATION
6.01. Purpose
The purpose of this policy is to establish a compensation plan and rates of pay that are
competitive in the market so the City can attract and retain qualified employees and to move
employees though an established range based on meeting the objectives and expectations of the
position, i.e. performance based pay. The compensation plan is designed to comply with the
provisions of the Minnesota Pay Equity Act.
6.02.Plan Administration
a.Each position in the City will have a position description that outlines the essential duties
and functions of the position along with the required and desirable knowledge, skills,
abilities, education, and experience. The position is then assigned a classification. A
classification is a group of jobs with the same or similar duties, knowledge, skill, etc, such
as administrative assistant, maintenance worker, etc. The classification then receives a pay
equity rating based on the Hay evaluation system. Compensation is determined through
the League of Minnesota Cities (LMC) annual salary and benefit survey.
b.The compensation for each classification will designate a minimum salary based on the
survey group average low wage for the classification, a maximum salary based on the
survey group’s average maximum salary, and a range based on the median salary of the
survey group. The median represents the desired compensation for an employee who
successfully meets the obligations and expectations of the position. This range also
provides flexibility in the hiring of staff such that individuals with more experience or
qualifications can be hired into this range. In no case shall a new hire be brought in below
the minimum salary identified for the classification. Furthermore, the city shall not
establish a wage for an employee that exceeds the maximum of the range for that
classification.
c.The purpose of the median range is to identify the compensation range for staff who meet
the expectations and obligations of the position. Staff who perform at a rate that exceeds
expectations and the obligations of their position will move toward and past the median
more rapidly than those staff who meet the expectations and obligations of the position.
Individuals who do not meet the expectations or obligations of the position will not
receive or be considered for additional compensation.
d.Meeting expectation employees whose pay is below their range median should receive a
larger percentage pay increase than meeting expectation employees whose pay is at or
above their range median.
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6.0 COMPENSATION AND WAGE ADMINISTRATION
e.The Council, as part of the budget setting process, shall consider the establishment of a
performance pool based on the gross wages of non-union staff. The Administrator is
responsible for reviewing with department heads the evaluations of staff, to distribute
funds and to ensure the available funds are not exceeded.
f.Employees who are over the maximum for the classification may be eligible for lump-sum
payments, but shall not be eligible to increases to their base pay until such time as their
rate of pay falls within the range for the classification.
g.Employees promoted into to a classification shall be placed into the range of the new
classification; however in no instance shall an employee receiving a promotion be
compensated below the minimum or above the maximum of the new classification.
h.Employees who are reclassified to a different position due to revisions or restructuring of
the work force, department, or position, shall be placed in range of the new classification
in the same manner as a promotion. Should the reclassification result in placement to a
lower wage rage classification, the employee shall have their pay adjusted to be within the
pay range for their new position.
6.03. Performance Assessment
The supervisor is responsible for assessing their employee’s performance in a formal manner
annually. A new employee receives a performance assessment at the end of three months and six-
months as provided in section 3.08 probationary period.
The performance assessment will:
Assess how well the employee is performing in assigned areas of responsibility based on
the expectations mutually established by the employee and supervisor and those in the
position description.
Provide a formal opportunity for two-way communication between the supervisor and
employee about the employee’s performance.
Identify areas or items for improved performance; for personal and professional
development; and specific work projects or priorities for the next assessment period.
Identify areas where responsibilities have changed and/or deserve to be re-evaluated.
There is a form for the assessment of performance for each position. These forms become a
permanent part of the employee’s personnel file. The supervisor and employee’s assessments will
be submitted to the City Administrator when completed. The results of the total performance
assessment will be used when determining salary adjustments. The City Administrator will review
the assessment for purposes of consistency in performance assessment and salary administration
throughout the organization.
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6.0 COMPENSATION AND WAGE ADMINISTRATION
6.04.Rating System
Staff is rated on a three point scale: 1=does not meet expectations, 2=meets expectations and
3=exceed expectations. Components evaluated include accomplishment of stated objectives,
general job tasks, and general attitude. Some of the items on the evaluation are simply rated as
“pass/fail,” that is, did the employee accomplish the task or not.
A. Meets Expectations. Means an employee completed their projects and/or tasks,
successfully met the requirements of the position, and met the expectations as agreed between the
employee and department head. An employee can be considered as meeting expectations even if
the projects and/or tasks were not completed on time as originally anticipated if they clearly
communicated to their supervisor the potential delays and what they were doing to overcome the
delays and the supervisor agreed with any changes. An employee who meets expectations will
have a generally positive attitude; address team members directly and professionally when there
are issues, participates in collaborative problem solving, completes assignments in a timely
manner; etc.
B. Exceeds expectation. Means the employee not only completes the projects and/or tasks
assigned, successfully performs and meets the requirements of the position, and meets the
expectations identified by the employee and department head. Furthermore, the employee is self-
motivated and seeks creative solutions to overcome issues and is a self-starter. The employee
seeks out opportunities to improve their skills and abilities on their own; participates in group
problem solving and is willing to take measured risks and offer new ideas and ways of operating.
The employee maintains a positive attitude; encourages and seeks opportunities to assist team
members; is timely in their response to requests from the public or other staff; seeks oppor-
tunities to take a leadership role in projects within and outside of their area of expertise, etc.
C. Does not meet expectations. Means the employee has not completed projects or tasks
on time or within the guidelines established by the department head and employee, did not have or
report and obtain department head approval of issues and problems that prevented or delayed the
completion of the task or project, and generally performed the regular requirements of the
position in a poor or unsatisfactory manner. The employee has not made improvement on issues
identified by the department head during informal discussions. An employee may also be
“downgraded” by having or exhibiting a poor or negative attitude about the work, other
employee’s, Council, etc; not responding to residents and others in a timely manner; shows
general disrespect for residents, council, other staff; does not seek to improve their knowledge,
skills, or abilities; reluctant to participate with others in problem solving, adheres to the “old way”
of doing things, is a general road block to change and improvement; etc. Employees who receive
an overall rating of “does not meet expectations” will not receive an increase in compensation.
The supervisor will prepare a work plan for the employee who falls into this category. The work
plan will identify specific benchmarks to meet and the time-line for completion. The supervisor
can recommend the employee be placed in a probationary status or have his/her probation
extended. If this is the recommendation, the supervisor and employee must complete a detailed
work plan with specific benchmarks and time-line benchmarks will be achieved. In some instances,
an employee who is rated as “does not meet expectations” will have their employment with the
City terminated.
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6.0 COMPENSATION AND WAGE ADMINISTRATION
An employee who is at the maximum of the pay range and achieves the rating of meets or exceeds
expectations will receive any additional compensation in the form of a single lump sum payment,
The employee’s base wage will not increase until such time as the maximum of the pay range
exceeds the employee’s rate of pay.
The total of all performance pay increases shall be limited to the amount of the performance pay
pool annually budgeted by the Council, but such total may, depending upon performance ratings
and employees’ location in their pay ranges, be less that the amount budgeted.
The City Administrator shall work with department heads in allocating the performance pay pool
to individual employees, considering performance, location in pay range and the total available
pool budgeted by Council.
6.05. Overtime Hours
l. Payment
Department directors or supervisory employees are responsible to schedule the work in their
departments so as to minimize overtime. The regular hours of work shall be forty hours per
week, Monday through Friday. Non-exempt employees will be paid overtime compensation at
one and one-half times the regular hourly rate in accordance with federal and state wage and hour
laws and any applicable agreements. Generally, non-exempt employees will be eligible for
overtime after forty (40) hours actually worked in a work week. In some cases, overtime may be
paid after eight (8) hours actually worked in a work day. A supervisor must approve all overtime
before it is worked. Although opportunities for overtime shall be offered as equitably and
practically as possible within departments, the City reserves the right to make assignments to any
employee for overtime and to mandate overtime as may be needed.
2. Compensatory Time - Hourly Personnel
It shall be the normal practice to pay for overtime. However, at the request of an employee, the
City Administrator may approve compensatory time in lieu of overtime payment. Compensatory
time, however, will not be allowed to accrue to such an extent, that in the judgment of the City
Administrator, such accrual could compromise the service responsibilities of the City. In no event
shall accrual be allowed in excess of limitations set forth in the Fair Labor Standards Act as
amended. Compensatory time shall be determined at the rate of one and one-half (1-1/2) hours
off for every hour of overtime worked.
3. Exempt Personnel
Exempt personnel, as defined by federal and state law, are exempt from minimum wage and
overtime provisions. However, it is recognized that the nature of local government and its many
functions requires the devotion of a great deal of time outside normal office hours. To that end,
employees covered by this subdivision may be allowed to maintain flexibility in their work
schedule to the extent that job performance and service responsibilities of the City to the public
remains satisfactory. At the request of said employees, the City Administrator may approve
requests for flexible work schedules from time to time.
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6.0 COMPENSATION AND WAGE ADMINISTRATION
4. Non-Exempt Personnel
Employees covered by this subdivision may be allowed to maintain flexibility in their work
schedule to the extent that job performance and service responsibilities of the City to the public
remains satisfactory. At the request of said employees, the City Administrator may approve
requests for flexible work schedules from time to time.
6.06. Mileage, Meals and Lodging Reimbursements
The City Administrator may authorize travel at City expense necessary for the effective conduct
of City business. Such authorization shall be granted prior to incurring the actual expenses and
shall be subject to the availability of funds. In the event an employee is eligible for mileage
reimbursement such employee shall be compensated at the rate equivalent to the IRS mileage
rates. In the event an employee is eligible for meals and lodging reimbursement, such employee
shall be compensated at the cost actually incurred providing such cost is reasonable. The
employee is to keep all receipts of expenditures of the actual cost incurred by the employee.
Employees must submit an Expense Request for Reimbursement form; the Expense Request for
Reimbursement form should be submitted no less than quarterly to the Finance Department. The
form must be signed by the employee’s supervisor.
6.07. Exempt Employee Salary Deduction Policy
Salary Basis Requirement
Exempt employees are paid on a salary basis. Being paid on a “salary basis” means an employee
receives a predetermined amount of compensation each pay period. The salary amount cannot be
reduced because of variations in the quality or quantity of work performed by the employee.
Subject to certain exceptions, an exempt employee must receive the full salary for any workweek
in which the employee performs any work, regardless of the number of days or hours worked.
Proper Salary Deductions
Deductions from an exempt employee’s salary will be made in accordance with state and federal
law; which may include the following situations: when an employee is absent for one or more full
day for personal reasons other than sickness or disability; when an employee is absent for one or
more full days due to sickness or disability in accordance with the City’s policies; to offset
amounts employees receive as jury or witness fees or for military pay; for unpaid disciplinary
suspensions of one or more full days for violations of workplace conduct.
Improper Salary Deductions Are Prohibited
It is the City’s policy to comply with the requirements of state and federal wage and hour laws.
Therefore, improper deductions from the salaries of exempt employees are strictly prohibited.
Complaint Procedure/Non-Retaliation
If you believe that an improper deduction has been made to your salary, you should immediately
report this information to your direct supervisor, or to the City Administrator.
Reports of improper deductions will be promptly investigated. If it is determined that an
improper deduction has been made, you will be promptly reimbursed. Employees should feel free
to report suspected violations of wage and hour laws without fear of reprisal.
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7.0. EMPLOYEE BENEFITS
7.01Benefit Eligibility
Regular, part-time employees, who work an average number of thirty-two (32) or more hours per
week, shall receive employee benefits (i.e. vacation, sick leave, holidays, insurance, etc.) pro-rata
based on the employee’s regular weekly schedule in comparison to forty (40) hours per week.
Benefit-eligible employees (a regular, part-time employee working a minimum of 20 hours per
week but less than 32 hours per week) may participate in the City’s health and life insurance
programs if they wish to do so on a pro-rata basis of hours worked in comparison to forty (40)
hours per week.
(revised 7/9/07; 12/09).
For non-contract employees, the City shall pay an incentive payment of $100 per month for
employees who select to opt-out of the Health Insurance Program. For contract employees, the
City Administrator is authorized and directed to offer this benefit and execute with the
appropriate labor organization, a letter of agreement regarding said benefit changes for unit
employees.
During a new or rehired employee's probationary period, vacation leave and sick leave shall be
earned, but the employee shall not be allowed to take vacation until after completion of the
probationary period. Sick leave may be taken during the probationary period not to exceed the
sick leave time earned.
The City reserves the right to change employee benefits in accordance with applicable law and
contract.
7.02. Group Insurance
A group insurance contract providing health, dental, life insurance, short-term, long-term and
Accidental Death and Dismemberment (ADD) insurance benefits for the probationary and regular
full-time employees and their dependents are offered by the City. All probationary employees are
eligible to enroll in the group insurance program with the City; however, their coverage will
commence subject to the terms and conditions of the City’s contracts with its insurance carriers.
The City will pay a monthly amount, to be determined by the City Council, toward group
insurance premiums for regular and probationary full-time employees, and part-time employees
working at least 32 hours per week, and their dependents. The insurance carrier shall be chosen
by the employer, and a list of those available insurance carriers can be obtained by contacting the
City Administrator.
(Revised 12/09)
If an employee who has the City’s group insurance coverage is terminated, he/she is entitled to
continue the coverage and that of his/her dependents, in accordance with State and Federal law
governing COBRA law. To obtain continued coverage, employees must remit required payments
for the cost to the City. More information is available from the City Administrator.
(Revised 12/09)
7.0.EMPLOYEE BENEFITS
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7.03. Surviving Spouse and Dependent Insurance Benefit
When a regular or probationary employee dies, the surviving spouse and eligible dependents shall
be permitted to continue health and dental insurance coverage through the City’s carriers for a
period of 36 months from the date of the death of the employee as mandated by federal COBRA
requirements.
7.04. Federal Insurance Contribution Act (FICA)/Medicare
All full-time and part-time employees, except police and fire, are mandatory members of Federal
Insurance Contribution Act (commonly known as Social Security). The amount deducted from
gross salary is determined by federal law. The City contributes a matching amount.
7.05. Public Employee Retirement Association (PERA)
All full-time and part-time employees whose monthly salary is at least $425 are mandatory
members of Public Employees Retirement Association (PERA) Coordinated Fund. The amount
deducted from gross salary is set by state law and is subject to change. The City matches your
contribution and contributes an additional amount as set by state law into the plan. This amount is
also subject to change. Benefits provided under the PERA Coordinated Fund are authorized and
governed by federal and Minnesota law, and may be revised from time to time.
7.06. City Deferred Compensation
The City offers a Deferred Compensation Plan through the International City/County
Management Association Retirement Corporation (ICMA-RC). PERA also offers a deferred
compensation plan that employees may participate in. Employees may, at their option, defer any
part of their income to the IRS established maximum amount. The City does not contribute any
monetary amount. Benefits provided under the Deferred Compensation Plan are authorized and
governed by federal and Minnesota law, and may be revised from time to time.
7.07. Section 125 Pre-Tax Benefit Program
All regular employees of the City are eligible for the Pre-Tax Benefit Program. The program
incorporates three (3) separate plans: The Pre-Tax Premium Plan, the Dependent Care
Reimbursement Plan, and the Health Care Reimbursement Plan. To be eligible for any of the
three plans, the employee must submit the amount they would like converted from their salary to
the Plan Administrator (Finance Director) before January 1 of the upcoming year. Only those
employees eligible for health and other insured benefits are eligible to participate in the Pre-Tax
Premium Plan. The City will allow the maximum amount in accordance with federal law. At the
end of each Period of Coverage, any Pre-Tax Premium Salary Conversions of a Participant which
have not been applied as employer contributions shall be forfeited to the employer; likewise, any
amounts remaining under a Participant’s Health Care Expenses or Dependent Care Expenses shall
be forfeited to the Employer.
7.0. EMPLOYEE BENEFITS
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7.08. Health Management and Wellness Program
In an attempt to promote health management, wellness, and fitness, the City of Shorewood has
implemented a voluntary program for its regular full- and part-time city employees. Employees
may exchange up to 2 hours of sick leave for participation in programs promoting health and
wellness, up to a value of $40.00 per month (1 hour of sick leave equivalent to $20).
1. Employees may convert accumulated sick leave, provided that the employee maintains a
sick leave balance of eighty (80) hours at all times, to pay for the employee’s health and wellness
program, such as:
monthly health club memberships, ,
class fees for:
smoking cessation
diet and nutrition
substance abuse
stress management.
2. For example, on a monthly basis, the amount of sick leave that may be used for monthly
health club membership may be up to and no more than 2 hours per month. For the purposes of
this program, 1 hour of sick leave is equivalent to $20.00. The amount of the reimbursement shall
not be more than the actual amount of the employee’s costs.
3. The Finance Department will reimburse employees health related costs, on a monthly basis
upon receipt of a properly completed form to be provided by the Finance Department, and upon
receipt of evidence of payment by the employee. The reimbursement will be Federal, State and
FICA (if applicable) taxable.
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8.01. Holidays
All regular, full-time employees of the City shall be eligible for the following holidays:
Date Holiday Celebrated
January 1st New Year’s Day
Third Monday in January Martin Luther King’s Birthday
Third Monday in February President’s Day
Friday before Easter (1/2 day) Good Friday
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
Second Monday in October Columbus Day*
November 11th Veteran’s Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day After Thanksgiving Day**
December 24th (1/2 day) Christmas Eve
December 25th Christmas Day
As Approved Personal Day of Leave ***
* Only Public Works will be off on this day.
** City Hall will be closed, but Public Works will be working.
*** Personal Day of Leave may only be used after completion of six months of employment. Only
one (1) Personal Day of Leave may be taken in any one calendar year. Requests for personal day
of leave shall require three (3) days notice. Such requirement may be waived when absence of the
employee will not unduly affect the functioning of the department.
th
When New Year’s Day, January 1; or Independence Day, July 4; or Veteran’s Day, November
thth
11; or Christmas Day, December 25; falls on a Sunday, the following day shall be a holiday, and
th
when New Year’s Day, January 1; or Independence Day, July 4; or Veteran’s Day, November
thth
11, or Christmas Day, December 25; falls on a Saturday, the preceding day shall be a holiday.
To be eligible for holiday pay, an employee must be on the active payroll of the City and must
have worked his or her full, regularly scheduled work day before and after the holiday, unless
excused by the City. Holidays may not be taken in less than four (4) hour increments.
Exempt employees who work on one of the holidays listed above shall be eligible for eight (8)
hours straight time pay for those hours worked. Holidays which occur during vacation leave,
personal leave or sick leave shall not be charged against said vacation leave, personal leave or sick
leave but shall be charged against holiday leave.
Regular part-time employees who work an average weekly schedule of at least twenty (20) or
more hours per week may be eligible for holiday pay on a pro-rata basis.
Holiday pay does not count toward the calculation of hours worked in a week for purposes of
determining overtime pay.
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8.02 Regular Vacation
The City provides vacation pay to its employees to encourage employees to take time
away from work.
1. General Vacation Rules
A. When Taken
Vacation leave may be taken after approval by the Department Director or supervisor.
New or rehired employees shall not be allowed vacation leave until after completion of the
probationary period. Vacation leave will be granted in not less than one hour units, which
is to mean that if any time less than one (1) hour is used, one (1) hour will be charged.
B. Length of Service/Earnings Rate
Length of service for the purpose of determining vacations is calculated from the date of
employment with the City. Vacation leave is earned pursuant to the tables set out in Item
G of this section.
Regular, part-time employees, equaling or exceeding twenty (20) hours per week, shall
receive vacation benefits on a pro-rata basis of hours worked in comparison to forty (40)
hours per week.
C. Choosing Time for Vacation
In choosing time for vacation, preference is given to length of service. This preference is
limited, however, to the first ten (10) days of vacation. Any vacation to which the
employee is entitled beyond the initial ten (10) days will be chosen only after the other
employees have made their initial choices. Preference for length of service will apply to
the remaining selection of vacation time.
D. Vacation Salary
Employees may request payment of vacation salary in advance for the period they will be
away. All such requests must be submitted to the City Administrator one (1) week in
advance of the vacation period.
E. Monetary Consideration in Lieu of Vacation
No monetary consideration in lieu of vacation will be allowed to employees continuing in
the City's employment; i.e., an employee cannot request payment instead of time-off.
F.Carry Over of Unused Vacation
Each employee may carry over to the next year a number of unused vacation days based
on the following formula: two (2) times the employee’s annual rate of accrual on
December 31.
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8.02 Regular Vacation, continued
G. Vacation Accrual
Regular full-time employees shall accrue vacation on the following basis:
Length of Service Vacation Accrual
Start through 5 years of service 3.692 hours per pay period worked;
12 days maximum per year
thth
Beginning of 6 year (5 anniversary) 4.615 hours per pay period worked;
through 9 years: 15 days maximum per year
thth
Beginning of 10 year (9 anniversary) 6.153 hours per pay period worked;
through 19 years: 20 days maximum per year
thth
Beginning of 20 year (19 anniversary) 7.692 hours per pay period worked;
and over: 25 days maximum per year
H. Termination from Employment
The City will pay accrued, unused vacation leave at the time an employee terminates his or her
employment; also see Section 11.02.
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8.03. Sick Leave
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1. General Sick Leave Rules
A.Length of Service/Earnings Rate
All full-time employees shall earn sick leave at the rate of one (1) day (eight [8] hours) per
month of employment after the first full calendar month of employment. If the employment
date is the 15th of the month or prior, one full day of sick leave is earned. If the
employment date is the 16th of the month or later, the employee must wait until after the
end of the next calendar month to begin to earn sick leave. Sick leave may be taken during
the probationary period not to exceed the time earned.
Part-time employees working more than 20 hours per week, but less than 40 hours per
week shall earn sick-leave on a pro-rated basis. Sick leave will be granted in not less than
one hour units, which is to mean that if any time less than one (1) hour is used, one (1)
hour will be charged.
The maximum sick leave earning limit is 800 hours.. Upon termination, accrued sick leave
will be paid as provided in Section 11.02.
Employee’s whose sick leave balance is over 800 hours on December 31, 2010 will be
allowed to convert ½ (50%) of the amount over 800 hours to deferred compensation, the
employees HSA, add to vacation balance or paid in cash. Effective January 1, 2011 and
thereafter, employees shall not accumulate sick hours in excess of 800.
B. When Taken
Employees must inform their supervisor at the earliest possible time when they will be
absent due to illness or injury.
Sick leave shall be granted only in case of necessity and actual sickness or disability injury
to the employee or for health care related appointments. Health care related appointments
must receive prior approval by the employee's supervisor.
C. Worker’s Compensation
In case of disability caused by sickness or injury and covered by Worker's Compensation,
the City will compensate the employee the difference between their regular base pay and
that received from Workers' Compensation payments, but never for a longer period than
their accumulated sick leave. In such case, the time deducted from accumulated sick leave
shall be in the same amount as the proportion of wages paid by the City as to the entire
base pay of the employee. No sick leave will be paid to employees while actually working
for others.
D. Doctor’s Certificate for Sick Leave Absence
A doctor's certificate may be required for sick leave absence. Sick leave without pay may
be granted at the City Administrator's discretion after earned sick leave with pay has been
exhausted.
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8.04. Sick Spouse/Partner/Parent Child Leave
Regular employees may use accumulated sick leave for absences due to an illness or a health care
related appointment of the employee’s spouse/partner or child where attendance may be
necessary, on the same terms the employee is able to use sick leave for the employee’s own illness
or appointments. A doctor’s certificate may be required for sick spouse/partner/parent child leave
absence. All doctor’s certificates required by this subdivision will be obtained at the employee’s
expense (see Section 8.06 FMLA Act).
8.05. Sick Leave Donation Policy
With the express written approval of the City Administrator, City employees who have accrued
sick leave will be allowed to donate a portion of such accrued sick leave to fellow employees
experience disease or a medical condition suffered by the employee, spouse, children or
stepchildren of either husband or wife. The donation of sick leave from one employee to another
shall be optional and anonymous and shall be subject to the following terms and conditions:
1. An employee will be eligible to receive donated sick only after all accumulated sick leave,
vacation leave, and compensatory time have been used by the employee.
2. No employee will be allowed to receive more than twenty (20) days of donated sick leave
for any single disease or condition without the express written approval of the City
Administrator.
3. Employees must have over 80 hours of accumulated sick leave to be eligible to donate.
Sick leave may be donated according to the following schedule
Sick leave hours accumulated by Donor Hours Allowed Per Year
Less than or equal to 80 0
80 to 120 8
121 to 160 16
161 to 200 24
201 to 240 32
241 and over 40
Sick leave must be donated in hourly increments. Employees may donate sick leave to
more than one employee in a given year, with a maximum donation of 40 hours per
recipient per year.
4.A written request to donate sick leave must be made to the City Administrator on the form
designated by the City for this purpose.
5.The City Administrator shall have the right to deny use of donated sick leave or limit its
use as shall be determined in the best interests of the City of Shorewood.
6.If the hours donated to the employee are in excess of the number of hours needed, the
unused hours will be pro-rated back to all donors. Hours donated and used by the
employee are not considered a loan, but rather are donated and are not to be returned to
the donor.
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8.06. Family and Medical Leave Act of 1993 (FMLA)
FMLA Eligibility and Amount of FMLA Leave
Family and medical leave provides up to twelve (12) weeks of unpaid leave to eligible employees
for certain family and medical reasons. Employees are eligible if they have been employed by the
City for a minimum of twelve (12) months, and have worked at least 1,040 hours in those twelve
.
months
An employee may take a maximum of twelve work weeks of FMLA leave each calendar year.
Circumstances Under Which FMLA Leave is Available
FMLA leave may be granted for the following reasons:
1.To care for an employee’s child after birth or placement for adoption or foster
care;
2.To care for the employee’s spouse, son or daughter, or parent who has a serious
health condition; or
3.For a serious health condition that makes the employee unable to perform the
employee’s job.
Notice and Certification Requirements
The employee must give the City at least thirty (30) days advance notice for foreseeable leave. A
“Request for Family Medical Leave” form should be completed by the employee and returned to
the immediate supervisor. In unexpected or unforeseeable situations, the employee should give as
much notice as practical, usually verbal notice within one or two business days of when the need
for that leave becomes known followed by a completed “Request for Family/Medical Leave”
form.
For leaves taken because of the employee’s or a covered family member’s serious health
condition, the employer may require that a “Physician or Practitioner Certification” form be
completed. In addition, the employer may require periodic reports on the employee’s status and
intent to return to work, and fitness-for-duty report to return to work.
A serious health condition is an illness or injury that involves:
1.An overnight stay in the hospital, hospice, or residential medical care facility;
2.Any period of incapacity that involves continuing treatment or supervision by a
health care provider and that requires absence from work, school, or other regular
daily activities for more than three (3) days;
3.Continuing treatment or supervision by a health care provider for chronic or long-
term health condition that is incurable or so serious that, if not treated, would
likely result in a period of incapacity of more than three (3) days; or
4.Any period of incapacity due to pregnancy, or for prenatal care, or prior to an
adoption to complete the adoption process.
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Coordination with Other Leaves/Accrual
A regular employee may choose to substitute accrued vacation, compensatory time, or sick leave
for unpaid FMLA leave as the provisions within those written policies apply.
Any FMLA-qualifying absence for a work-related injury will run concurrently with FMLA leave.
The employee will not accrue benefits such as sick leave or vacation while on unpaid FMLA
leave.
Intermittent Leave
Leave may be taken intermittently or on a reduced schedule when it is medically necessary. If an
employee requests intermittent leave or leave on a reduced schedule that is foreseeable due to
medical treatment, the employee may be temporarily transferred to another position if the position
has equal pay and benefits and better accommodates the recurring periods of leave. Any such
transfer is subject to a collective bargaining agreement.
How Parental Leave Must Be Taken
Eligibility for leave after birth, placement for adoption or foster care expires twelve months after
the birth or placement for adoption or foster care. If the child must remain in the hospital longer
than the mother, the leave may in the alternative begin at any time up to six weeks after the child
leaves the hospital.
Continuation of Insurance While On Leave
The employees may choose to continue existing health care benefits and life insurance while on
FMLA leave. The employer will continue to pay the same portion of the cost of coverage as paid
prior to the leave.
Employee contributions will be required either through payroll deductions or by direct payment to
the City of Shorewood. The employee will be advised in writing at the beginning of the leave
period as to the amount and the method of payment. If an employee’s contribution is more than
thirty (30) days late, the City of Shorewood may terminate the employee’s insurance coverage.
If an employee fails to return from leave at the end of the leave period for reasons other than the
continuation, recurrence, or onset of a serious health condition or other circumstances beyond the
employee’s control, the City of Shorewood can recover the insurance premium that has been paid
on behalf of the employee.
Parenting Leave Under Minnesota’s Parenting Leave Law
Certain employees who are not eligible for FMLA leave may be eligible for up to six weeks of
unpaid parenting leave in the event of the birth, adoption or foster placement of the employee’s
child. To be eligible for parenting leave, you must have worked for the City the equivalent of
one-half time for your position for at least twelve months prior to your leave date. The leave will
begin at a time requested by you. The leave may begin not more than six weeks after the birth or
adoption; except that, in the case where the child must remain in the hospital longer than the
mother, the leave may not begin more than six weeks after the child leaves the hospital.The City
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requests notification of your intent to take parenting leave as soon as possible so that we can
assure that your position is properly covered in your absence. While on parenting leave, you may
continue to participate in group insurance benefits at the group rate and at your regular
contribution rate. Upon returning from leave, an employee will be returned to the employee's
original position or to a comparable position with equivalent benefits, pay, and other terms and
conditions of employment.
You may choose to substitute accrued vacation or compensatory time for unpaid parenting leave
as the provisions within those written policies apply. Leaves that qualify under both this policy
and the Family and Medical Leave Act will be counted toward the employee’s available leave
under both policies concurrently.
Returning to Work
Upon return from FMLA leave, employees will be restored to their original or equivalent position
with equivalent pay, benefits, and other employment terms. If, during FMLA leave, the City
undergoes layoffs and an employee would have lost a position had the employee not been on
leave, pursuant to the good faith operation of bona fide layoff and recall system, including a
system under collective bargaining agreement, the employee is not entitled to reinstatement in the
former comparable position. In such circumstances, the employee retains all of the rights under
the layoff and recall system, as if the employee had not taken the FMLA leave.
8.07. Medical Leave
Employees who are unable to work because of a non-work related physical disability and who
have exhausted all accumulated paid leave (sick leave, vacation, compensatory time) and FLMA
leave may request a leave of absence without pay for renewable periods of up to 90 consecutive
days to a maximum total of one year. Requests must be made in writing to the employee’s
supervisor. The requests are subject to approval by the City Administrator. Employees will not
earn or accumulate benefits or other compensation while on unpaid leave except as required by
law, including insurance. A doctor’s certificate shall be required prior to any employee returning
to work from medical leave. Also, the City may require that the employee submit to an
examination by a doctor selected by the employer to determine that the return to work by the
employee is to a job position consistent with the job position that the employee had at the time the
medical leave was initiated.
8.08. Extended Parenting Leave
The City may grant an extended unpaid parenting leave totaling up to five months to employees
(male or female) for the birth of an employee’s child or placement of a child in the employee’s
care for adoption. A regular employee may choose to substitute accrued vacation, compensatory
time or sick leave for unpaid parenting leave, as the provisions for those policies apply. The five
month total leave time will be inclusive of any FMLA or Minnesota Parenting Leave for this same
qualifying incident for an eligible employee.
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8.0. TIME OFF
To be eligible for this leave, an employee must have regular employee status prior to the leave
date. The leave will begin at a time requested by the employee but no more than five months after
the birth or adoption of a child. The City requests notification of an employee’s intent to take
extended parenting leave as soon as possible so that we can assure that your position is properly
covered in your absence.
While on extended parenting leave, an employee may continue to participate in group insurance
benefits at the group rate. Once an FMLA-eligible employee’s FMLA leave time has expired, the
employee must pay the full cost for his or her insurance and dependent insurance coverage. Refer
to the FMLA, Continuation of Insurance While On Leave policy for details regarding payment of
employee contributions and consequences for failure to pay.
Employees will not accrue benefits such as sick leave or vacation, nor will employees receive paid
holidays while on unpaid parenting leave.
Upon returning from leave, an employee will be returned to the employee's original position or to
a position with comparable duties, hours, pay and other terms and conditions of employment.
An employee returning from a leave of absence longer than one month must notify his or her
supervisor at least two weeks prior to the return.
Leaves that qualify under the Family and Medical Leave Act and/or the Minnesota Parenting
Leave Law will be counted toward the employee’s available leave under all applicable policies.
8.09. School Leave
Any employee who works an average number of hours per week equal to an average of at least 20
hours per week may take leave of up to a total of sixteen (16) hours during any school year to
attend school conferences or school-related activities related to the employee’s child (under 18 or
under age 20 and still attending secondary school), provided the conferences or school-related
activities cannot be scheduled during non-work hours.
When the school conferences or school-related activities cannot be scheduled during non-work
hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice
of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the
operations of the employer. Such leave may be either unpaid or an employee may substitute any
accrued paid vacation leave or other appropriate paid leave for any part of the leave under this
policy.
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8.0 TIME OFF
8.10 Funeral Leave
Upon notice to the immediate supervisor, all regular, full-time employees shall be granted five (5)
days leave for death or funerals in the immediate family. Immediate family is defined as spouse,
children, parents, siblings, grandparents, corresponding in-laws and corresponding step-relatives.
Upon notice to the immediate supervisor, all regular, full-time employees shall be granted two (2)
days leave for death or funerals of other family members. Other family members shall be defined
as aunts, uncles, nieces, nephews and cousins.
Other funeral time off with pay may be granted at the discretion of the City Administrator.
Employees may choose to substitute accrued sick leave, vacation, personal leave or compensatory
time for unpaid funeral leave. It is the employee’s responsibility to notify his or her immediate
supervisor as to whether an approved funeral leave will be unpaid or whether accrued paid leave
will be substituted.
8.11. Educational Leave
The City Administrator may grant a leave of absence with or without pay to an employee for the
purpose of attending schools, meetings, conferences, and other functions which are a benefit to
the City, if, in the Administrator’s judgment, such leave will not cause disruption of service.
8.12. Leave for Service in Organizations
The City Council, with the recommendation of the City Administrator, may grant a leave of
absence without pay for reasonable periods not to exceed one (1) year to any regular employee
for the purpose of serving in an elected or appointed position in a union, professional
organization, or a governmental commission or committee, provided such leave will not reduce
the quality or level of service to the public.
8.13. Personal Leave
Employees may request an unpaid leave of absence for personal reasons. Such requests must be
made in writing to the employee’s supervisor. Such leave requests are subject to approval by the
City Administrator and may not exceed ninety (90) consecutive days. Employees will not earn or
accumulate benefits or other compensation while on unpaid leave except as required by law,
including insurance.
8.0 TIME OFF
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8.14. Jury Duty Leave
All full-time employees of the City of Shorewood shall be granted a leave of absence for service
on a jury, and shall be compensated the difference between regular pay and that received for such
jury duty. Employees must return to their regular work if excused from jury duty. Failure to
report back to work shall result in a loss of pay for such period. Employees must notify their
supervisor as soon as notice of jury duty is received.
This same benefit applies to anyone subpoenaed as a witness in a matter in which he or she does
not have a personal interest.
8.15. Military Leave
Minnesota Statutes, Section 192.26, provides that any 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 of the United States, is
entitled to a leave of absence without loss of pay, seniority status, efficiency rating, vacation, sick
leave, or other benefits for the time which such employee is engaged in training or active service
not exceeding a total of 15 days in any calendar year. Since the statute does not set forth any
requirement that the 15 days be consecutive, the employee may receive a leave of absence with
pay for any 15 days during a given year.
The leave of absence required by Section 192.26 is allowed only in the event the employee returns
to employment immediately upon being relieved from military or naval service, or is prevented
from so 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 leave of absence. Notice shall be given the employer at least five (5)
working days after receipt of said orders and no less than twenty-four (24) hours prior to date of
leave. When said orders are received at a time which would make compliance with this provision
impossible, the employer shall be given notice at the earliest practical time.
The City will comply with all applicable federal and state laws in administering military leave and
reinstatement rights.
8.16. Ti me Off to Vote
Generally, employees are able to find time to vote either before or after their regular work
schedule. If an employee is unable to vote in an election during his or her non-working hours,
such employee is allowed reasonable time off to vote on the morning of the election. Time off to
vote must be pre-approved by your supervisor.
8.0 TIME OFF
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8.17. Bone marrow donation leave
The City will grant an employee (defined as one who works an average of 20 or more hours per
week) up to 40 hours of paid leave in any one-year period to undergo a medical procedure to
donate bone marrow. The employee must give reasonable advance notice of the need for leave to
his or her manager. Prior to approving the leave, the City will require verification by the
employee’s physician.
8.18. Breaks for nursing mothers
The City provides reasonable unpaid break time to an employee who needs to express breast milk
for her infant child, except in the rare event that such a break would unduly disrupt operations.
The City will make a room available in which employees may express their milk in privacy.
Employees should notify their supervisor if they need to take such breaks.
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9.0 SAFETY/HEALTH
9.01. Accident Report
Subdivision 1. General Statement
As a City employee, it is important that you are aware of certain procedures to be followed if you
are injured on the job or involved in an accident while operating City equipment. These
procedures have been established to protect your interests as an employee, as well as protect the
City.
Subdivision 2. Procedure
If you are involved in an accident while operating any City-owned vehicle or piece of equipment,
or while engaged in City business with any hired or privately-owned vehicle:
1. Notify the police and your supervisor immediately.
2. Insist that all parties and property concerned remain at the scene of the accident.
3. Obtain identifying data from the driver of the other vehicle (i.e. name, address and
insurance company).
4. Secure names and addresses of injured persons and any witnesses to the accident.
Subdivision 3. Personal Injury
Employees who sustain personal injury in any work-related accident are required to report the
injury to their supervisor immediately. Once your supervisor has been notified of an accident,
he/she will inform you of the steps to be taken to properly report and record the occurrence. Your
supervisor may also direct you to proper medical attention where necessary. If it is necessary for
you to complete a “First Report of Injury” form, it should immediately be completed and returned
to your supervisor. If it is necessary for you to miss work because of a work-related accident, it
is your responsibility to keep your supervisor informed of the date you are able to return to work.
In most instances, your treating physician will provide you with that information during your
initial visit.
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10.0 DISCIPLINE AND DISCHARGE
10.01. Discipline and Discharge
Subdivision 1. Just Cause
Discipline and discharge will be for just cause and will be applied on a non-discriminatory basis.
Evidence of just cause will provide the basis for all disciplinary action. Cause for discipline and
discharge will include, but is not limited to the following:
A. Incompetence or inefficiency in the performance of duties;
B. Conviction of a criminal offense;
C. Violation of any work rule or regulation;
D. Reporting for work and/or working while under the influence of alcohol, drugs or
other controlled substances;
E. The use of offensive conduct or language toward the public, municipal officers or
employees;
F. Carelessness and/or negligence in the handling or control of municipal property or
property entrusted to the employee by the City, including allowing unauthorized
persons to ride in City vehicles;
G. Inducing or attempting to induce a person, officer or employee of the City to commit
an unlawful act or to act in violation of any official regulation order;
H. Dishonesty in the performance of duties;
I. Failure to report to work, frequent tardiness, refusal to work as assigned and directed,
or other insubordination or misconduct.
J. Acceptance of a gift under circumstances from which it could be inferred that the giver
expected or hoped for preferred or favorable treatment in conduct of City business;
K. Unapproved use of paid work time and/or equipment in outside employment or for
personal benefit;
L. Claiming paid sick leave for reasons other than those provided for;
M. Gambling while on duty; or
N. Other incidents which constitute cause.
Subdivision 2. Procedures
A. Disciplinary action may include action up to and including termination, based on the
nature and severity of the infraction and upon the conditions surrounding the event.
The following steps may be part of an employee’s discipline:
1. oral reprimand;
2. written reprimand;
3. place on probation;
4. suspension without pay;
5. demotion; or
6. discharge.
10.0 DISCHARGE AND DISCIPLINE
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This list noted above is intended to provide examples of types of discipline and is not
meant to be exclusive, nor is it intended to require the City to exhaust these steps in any
particular instance.
B. Discipline will commence at any of the preceding procedures as is determined by the
City to be appropriate given consideration of just cause for disciplinary action.
C.Suspension without pay, demotion and discharge will be in written form and will state
the reason for such action.
D.Written reprimands, notice of suspension without pay, and notice of discharge are to
become part of an employee's personnel file. The employee will receive a copy of any
reprimands and/or notices.
E. Employees may examine their own individual personnel files at reasonable times under
the direct supervision of the City Administrator.
Subdivision 3. Supervisory Authority
A. Oral and Written Reprimands. Department Directors have the authority to impose oral
and written reprimands without the prior approval of the City Administrator.
B. Probation With Pay. Subject to City Administrator approval.
C. Suspension Without Pay. The City Administrator may suspend an employee without
pay to a maximum of thirty (30) continuous work days in any given calendar year.
D. Demotion and Discharge. An employee may be demoted or discharged by action of the
Council upon recommendation of the City Administrator or by action of the Council
without recommendation of the Administrator.
Subdivision 4. Right of Appeal
An employee may appeal an oral or written reprimand or probation verbally or in writing to the
City Administrator within five (5) work days after disciplinary action has been imposed. The City
Administrator will make the final determination and will inform the employee in writing regarding
the decision made.
An employee may appeal a suspension without pay, demotion or discharge to the City Council by
requesting that a hearing be conducted for that purpose. Such request must be made by the
employee to the City Administrator within five (5) days after disciplinary action has been imposed.
The decision of the City Council will be final and the employee will be informed in writing
regarding the Council's determination.
If the appeal is upheld by the Council the employee shall receive all payments, benefits and service
accrual which the employee would have earned during the period of suspension without pay,
demotion or discharge. In case of demotion or discharge an employee shall be reinstated to the
position formerly held if the appeal is upheld.
11.0 LEAVING CITY EMPLOYMENT
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11.01. Termination
Subdivision 1. General Statement
The City intends to provide continuous employment for all its employees through proper planning
and utilization of its resources. However, situations may arise, beyond the control of the City
which cause terminations. The City recognizes three types of terminations. They are
VOLUNTARY, INVOLUNTARY TERMINATION, AND INVOLUNTARY ELIMINATION
and are defined further in the following sections.
An employee leaving the City is expected to turn in his/her identification badge, tools, shop coats,
keys, books, and other City equipment and property no later than the last day of work. The
employee should go through an exit interview with the City Administrator on his/her last day of
work.
Subdivision 2. Voluntary Termination
A voluntary termination is defined as one in which an employee, by his/her own choice, terminates
his/her employment in good standing.
When voluntarily terminating, an employee is expected to give two weeks notice. The City
reserves the right to pay an employee two week’s of wages in lieu of the employee working
through the notice period
Subdivision 3. Involuntary Termination
An involuntary termination is defined as one in which an employee is terminated for poor
performance, misconduct, falsification of employment qualifications, etc.
Subdivision 4. Involuntary Elimination
An involuntary elimination is defined as one in which an employee is terminated due to a
reduction in work force, elimination of a particular function, level, or department within the City.
Subdivision 5. Reduction in the Work Force
If it should become necessary to reduce the City work force, the City may give consideration to
years of service with the City, job performance, abilities, job knowledge and the potential for
other jobs within the City.
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11.0 LEAVING CITY EMPLOYMENT
11.02. Resignation and Severance Pay
Subdivision 1. Procedure
Regular full-time employees who leave the municipal service voluntarily in good standing after
giving at least two (2) weeks notice or who receive an Involuntary Elimination from the City shall
be granted severance pay of unused sick time the employee may have based on the following
conditions and rates:
Conditions:
1. Involuntary Elimination,
2. Retirement - voluntary and in good standing
3. Voluntary retirement or termination of employment due to health reasons, service
connected injury, or illness, or;
4. Voluntary in good standing.
Subdivision 2. Unauthorized Absence
Unauthorized absence from work for a period of three (3) consecutive working days shall be
considered by the City Administrator as a voluntary termination not in good standing.
Subdivision 3. Rate of Severance Pay
Upon severance of employment, employees with a minimum of five years of employment shall be
entitled to receive payment of 50% of sick leave hours up to a maximum of 400 hours of payout
(this calculates to a sick leave balance of up to 800 hours) at termination. Such payment for
unused sick leave shall be made based on the employee's hourly rate at the time of severance.
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APPENDIX A
CITY OF SHOREWOOD
DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES
FOR COMMERCIAL MOTOR VEHICLE DRIVERS
A City of Shorewood value…”Respect for City employees who, with fair treatment, proper
training, and a willingness to let them excel, will take pride in association with the City and
serve the people well.”
I. INTRODUCTION
The following Drug and Alcohol Testing Policy and Procedures have been adopted by the City of
Shorewood (“Shorewood” or “City”) for its Commercial Motor Vehicle Drivers (“CMVD”).
This policy implements the requirements of the Federal Omnibus Transportation Testing Act and
the U.S. Department of Transportation, 49 C.F.R. Part 382 and 390.5.
This Policy, in whole or in part, is subject to change, revocation, modification, or amendment at
any time in Shorewood’s sole discretion with or without prior notice. Shorewood also reserves
the right to interpret this Policy at any time and in any manner it deems appropriate so long as
such interpretation does not violate local, state, or federal law.
Copies of this Policy shall be distributed to all CMVDs and applicants for CMVD positions.
Notice that this Policy has been adopted will be placed in a conspicuous location at the Public
Works facility. This Policy will also be available for review during regular business hours at the
Shorewood City Hall.
All questions regarding this policy should be directed to the City Administrator, 5755
Country Club Road, Shorewood, MN 55331.
II. APPLICABILITY
This policy applies to all CMVD and job applicants for CMVD positions with the City.
III. POLICY STATEMENT
A CMVD’s involvement with controlled substances and/or alcohol can jeopardize the safety of
others, jeopardize a CMVD’s well-being, adversely affect job performance, and increase the
likelihood of injuries and property damage. Therefore, Shorewood’s goal is to establish a drug
and alcohol testing policy to help prevent accidents and injuries resulting from the use of
controlled substances and alcohol by CMVDs in compliance with the state and federal regulations
applicable to commercial motor vehicles and CMVDs.
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IV. DEFINITIONS
Accident. An occurrence involving a commercial motor vehicle operating on a public road which
results in:
a)a fatality; or
b)bodily injury to a person who, as a result of the injury, immediately receives medical
treatment away from the scene of the accident; or
c)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; or
d)an employee receives a citation for a moving traffic violation in an accident.
Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight
alcohol including methyl or isopropyl alcohol.
Confirmatory Test. A second analytical procedure to identify the presence of a specific drug or
metabolite that is independent of the screening test and that uses a different technique and
chemical principle from that of the screening test in order to ensure reliability and accuracy. (Gas
chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for
cocaine, marijuana, opiates, amphetamines, and phencyclidine.) In alcohol testing, a second test,
following a screening test with a result of 0.02 or greater that provides quantitative data of
alcohol concentration.
Breath Alcohol Technician (“BAT”). An individual who instructs and assists individuals in the
alcohol testing process and operates an evidential breath testing devise.
Commercial Motor Vehicle (“CMV”). A motor vehicle or combination of motor vehicles used to
transport passengers or property if the motor vehicle meets any one of the following criteria:
a)Has a gross combination rating of 26,001 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds;
b)Has a gross vehicle weight rating of 26,001 or more pounds;
c)Is designed to transport 16 or more passengers including the driver; or
d)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.
Commercial Motor Vehicle Driver (“CMVD”). A driver of a CMV. May also be called “driver”
or “employee”.
Controlled Substances. The meaning assigned by 21 U.S.C. 802 and includes all substances listed
on Scheduled 1-5 (attached hereto as Exhibit A) as it may be revised from time to time (21 C.F.R.
Part 1308).
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Conviction. A finding of guilty (including a plea of “nolo contendere”) or imposition of a
sentence, or both, by a judicial body charged with the responsibility to determine violations of the
federal or state criminal drug laws.
Designated Contact Person. The City Administrator/Clerk will be the Designated Contact Person
and will coordinate the implementation, direction, and administration of the City’s alcohol and
controlled substances policy. The Designated 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.
Drugs. “Drugs” has the same meaning as Controlled Substances and the terms are interchangeable.
Evidential Breath Testing Device (“EBT”). An EBT approved by the National Highway Traffic
Safety Administration (“NHSA”) for the evidential testing of breath. Two breath tests are
required to determine if a person has a prohibited alcohol concentration.
FWHA. The Federal Highway Administration.
Initial Test or Screening Test. A drug test using a method of analysis which is capable of
detecting the presumptive presence of a drug or drug metabolite in a urine specimen.
Medical Review Officer (“MRO”). A licensed physician with knowledge of substance abuse
disorders that is employed or used by Shorewood to review and verify Drug and Alcohol Testing.
On Duty. All time from the time a CMVD begins work until the time he or she is relieved from
work. On Duty time includes all “on duty” activities set forth in 49 C.F.R. § 395.2 including:
a)All time inspection equipment as required by § 392.7 and 392.8 of this chapter or
otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any
time;
b)All driving time as defined in the term driving time in this section;
c)All time loading or unloading a vehicle, supervising, or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in readiness to
operate the vehicle, or in giving or receiving receipts for shipments loaded or
unloaded;
d)All time repairing, obtaining assistance, or remaining in attendance upon a disabled
vehicle;
e)All time spent providing a breath sample or urine specimen, including travel time to
and from the collection site, in order to comply with the random, reasonable suspicion,
post-accident, or follow-up testing required by part 382 or part 391, subpart H, of this
subchapter, whichever is applicable, when directed by a motor carrier.
f)Performing any other work in the capacity of the City of Shorewood.
Positive Test Result. A test result which evidences a presence of Controlled Substances or
Alcohol in the sample tested above the cutoff levels set forth in 49 C.F.R. § 40.29. A positive test
result does not automatically identify a CMVD or CMVD applicant as having used Drugs or
Alcohol in violation of this Policy. An Initial Test evidencing a Positive Result will be subject to a
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Confirmatory Test. A Confirmatory Test evidencing a Positive Result will be reviewed by the
MRO prior to the transmission of the result to Shorewood in accordance with 49 C.F.R. § 40.33.
Random Selection. Mechanism for selection of employees for testing where each employee has
an equal chance of being tested each time selections are made.
Reasonable Suspicion. Occurs when the appearance, behavior, speech or body odors of an
employee that are indicative of the use of a controlled substance or alcohol based on the
observation of two (2) supervisors or officials, if available, who have received training in the
identification of behaviors indicative of drug and alcohol use. The documentation of the CMVD’s
conduct shall be prepared and signed by the witness(es) within 24 hours of the observed behavior
or before the test results are released, whichever is earlier.
Refuse to Submit (to an alcohol or controlled substance test) means that an employee:
a)Fails to provide adequate breath for testing without a valid medical explanation after
he or she has received notice of the requirement for breath testing;
b)Fails to provide adequate urine for controlled substances testing without a valid
medical explanation after he or she has received notice of the requirement for urine
testing; or
c)Engages in conduct that clearly obstructs the testing process.
Split Urine Specimen. Urine sample collected according to FHWA regulations, divided by the
collection site person into two bottles labeled “primary” and “split”. The sample is then sealed
and shipped to the testing laboratory for analysis.
Substance Abuse Professional (“SAP”). A licensed physician 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, designated by the City for said purposes in this Policy.
Verified Positive Test Result. A Confirmed Test evidencing a Positive Result which has been
reviewed and verified by the MRO as establishing use of a Controlled Substance or Alcohol in
violation of state and federal regulations. A Verified Positive Test Result may also be referenced
as “Tests Positive.”
V. DRUG AND ALCOHOL POLICY AND RULES
A.Prohibited Activities
The following alcohol and controlled substance-related activities are prohibited:
1.Reporting for duty or remaining On Duty while having an alcohol concentration of
0.02 or greater;
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2.Reporting for or remaining On Duty or operating a CMV while possessing alcohol,
including unsealed packages of medicines containing alcohol (prescription or over the
counter), unless the alcohol is manifested and transported as part of a shipment;
3.Using alcohol while On Duty;
4.Reporting for duty within four hours after using alcohol;
5.When required to take a post-accident test, using alcohol within eight hours following
the accident or prior to undergoing a post-accident alcohol test, whichever comes first;
6.Refusing to submit to an alcohol or controlled substance test required under this
Policy;
7.Reporting for duty or remaining On Duty when using any controlled substance, except
when the use is pursuant to the instructions of a physician who has advised that the
substance does not adversely affect the ability to safely operate a CMV;
8.Reporting for duty or remaining On Duty after testing positive for controlled
substances.
B.Prescription Drugs
Any CMVD using a prescription drug which could potentially affect safety or the
CMVD’s job performance must immediately notify his or her supervisor of the drug the
CMVD is taking, the name and address of the doctor prescribing the drug, and length of
time the CMVD will be taking the drug. The supervisor will immediately notify the MRO.
When in the MRO’s opinion, after consultation with the prescribing physician, the
CMVD’s use of the drug will impair the CMVD’s job performance and will create a threat
to the safety of the CMVD or others, the CMVD will be deemed medically unqualified to
operate a CMV. See C.F.R. 49 382.213(a).
VI.DRUG AND ALCOHOL TESTING
A. General Rules
When Drug or Alcohol tests are performed, the testing will only test for the presence of
Drugs or Alcohol and their metabolites. Other medical conditions will not be tested. All
Drug and Alcohol Testing will be conducted by a laboratory certified under the
Department of Health and Human Services regulations.
B. Written Consent
A CMVD applicant must provide written authorization to the City of Shorewood to
contact former employers to release any information related to previous results of Drug
and Alcohol Testing, including but not limited to Confirmatory Tests, EBT testing or
Initial Tests.
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In addition, all CMVDs asked to undergo Drug and Alcohol Testing will receive a consent
form to complete. The consent form will state that the CMVD has examined
Shorewood’s Drug and Alcohol Testing Policy and Procedures, and will request that the
CMVD list all prescription and/or over-the-counter medications which he or she has
recently taken, and any other information which may be relevant or will explain a Positive
Test Result.
C.Controlled Substance Testing Procedure
Controlled substance testing is conducted by the Split Urine Specimen testing method.
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 (3 ml each) 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.
Immediately after the specimen is collected, the collection site person shall measure the
temperature of the specimen. The time from urination to temperature measure is critical
and in no case shall exceed four (4) minutes. A specimen temperature outside the normal
range constitutes a reason to believe that the individual has altered or substituted the
specimen. In such case, the individual supplying the specimen may volunteer to have his
or her oral temperature taken to provide evidence to counter the reason to believe the
individual may have altered or substituted the specimen.
Immediately after the specimen is collected, the collection site person shall also inspect the
specimen to determine its color and look for any signs of contaminants. Any unusual
finding shall be noted on the urine custody and control form.
Whenever there is reason to believe that a particular individual has altered or substituted
the specimen, a second specimen shall be obtained as soon as possible under the direct
observation of a same gender collection site person.
Both the individual being tested and the collection site person shall keep the specimen in
view at all times prior to its being sealed and labeled. The specimen shall be sealed and
labeled in the presence of the individual being tested. The collection site person shall place
securely on the bottle an identification label which contains the date, the individual
specimen number, and any other relevant identifying information. The individual shall
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initial the identification label on the specimen bottle for the purpose of certifying that it is
the specimen collected from him or her.
The collection site person shall enter on the drug testing custody and control form all
information identifying the specimen. The collection site person shall sign the drug testing
custody and control form certifying that the collection was accomplished according to the
applicable federal requirements.
If the initial screening conducted by the laboratory yields a positive result, the result shall
be confirmed using gas chromatography/mass spectrometry (GC/MS).
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 will inform the CMVD or applicant and no further action is necessary. If the test
result is confirmed positive, the MRO shall give the individual tested an opportunity to
discuss the test result. The MRO will contact the individual directly, on a confidential
basis, to determine whether the person wishes to discuss the confirmed positive test result.
The MRO must review the confirmed positive test result and any medical records supplied
by an individual to determine if a confirmed positive test result is the result of the
individual having taken legally prescribed medication or if 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 lab.
If after making reasonable efforts and documenting these efforts, the MRO is unable to
reach the employee directly, the MRO must contact the City Designated Contact Person,
who shall direct the employee to contact the MRO. If the Designated Contact Person is
unable to contact the employee, the employee will be placed on a medically unqualified
status or medical leave.
The MRO may verify a test positive without having communicated directly with the
employee about the test results under the following circumstances:
a.The employee expressly declines the opportunity to discuss the test results.
b.The employee has not contacted the MRO within five days of being instructed
to do so by the City. If a confirmed positive test result is verified, the MRO
shall notify the CMVD that the CMVD has 72 hours in which to request a test
of the split specimen at the CMVD’s expense.
D.Alcohol Testing Procedure
Alcohol tests shall be administered by a BAT using an EBT. 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 an employee attempts and
fails to provide an adequate amount of breath, the City will direct the employee to obtain
written evaluation from a licensed physician to determine if the employee’s inability to
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provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are
reported directly to the City Designated Contact Person.
An individually-sealed mouthpiece shall be opened in view of the CMVD and used for the
test. The CMVD will be required to blow forcefully into the mouthpiece for at least 6
seconds or until the EBT indicates that an adequate amount of breath has been obtained.
The BAT will ensure that the identification number of the test is correctly recorded, either
using the safeguards provided by the equipment or requiring the CMVD to read the
sequential test number displayed on the EBT and recording the displayed result, test
number, testing device, serial number of the testing device and time.
E.Right of Refusal and the Consequences of Such Refusal
1.All job applicants for CMVD positions and all CMVDs have the legal right to refuse
testing for Drugs or Alcohol.
The consequences of a CMVD job applicant’s refusal to undergo testing is that the job
applicant will be deemed unqualified and the conditional offer of employment will be
withdrawn.
2.An existing CMVD who refuses testing for Dugs or Alcohol shall not be permitted to
report to duty or remain On Duty. Such refusal shall be treated as a Verified Positive
Test Result and the CMVD who refused the testing will be deemed medically
unqualified to operate a CMV. In addition, a CMVD may be disciplined for such
refusal up to and including immediate discharge.
F.Grounds for Testing
1. Pre-employment
Job applicants seeking employment for CMVD positions shall be required to undergo
testing for the presence of drugs after they have received an offer of conditional
employment. Employment offers will be made contingent upon taking the required test
and withdrawn in the event that the test is refused or there is verified positive test result.
If the employment offer is withdrawn following testing, the applicant will be informed of
the reasons for the withdrawal.
2.Reasonable Suspicion
A controlled substance or alcohol test shall be required, without prior notice, if the City
has a reasonable suspicion that an employee has violated the provisions of this policy
regarding Controlled Substances or Alcohol. The conduct deemed necessary to require
testing must be witnessed by at least one supervisor who has received training in the
identification of actions, appearance, and conduct which are indicative of Drug or Alcohol
use.
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Alcohol testing is authorized only if the observations are made during, just before, or just
after the period of the work day the driver is required to be in compliance. If a reasonable
suspicion alcohol test is not administered within two (2) hours following the observations,
the supervisor shall prepare and maintain in the departmental personnel file a record
stating the reasons the alcohol test was not administered promptly. If the alcohol test is
not administered within eight (8) hours, the supervisor shall cease attempts to administer
the test, and shall prepare/maintain the record listed above. All tests will be administered
in accordance with the FHWA regulations with the prohibitions herein regarding alcohol.
If reasonable suspicion of a CMVD has been confirmed as outlined herein, the City will
arrange for transportation to the Drug and Alcohol Testing collection site if a test is
required, or arrange for transportation home if the CMVD has been requested to be off
duty.
3.Random Testing
CMVDs may be tested on a random selection basis for the presence of drugs or alcohol.
Random testing is unannounced. CMVDs will not be selected discriminatorily but at
random. The selection of CMVDs for random alcohol and controlled substances testing
shall be made by a scientifically valid method, such as a random number table or a
computer-based random number generator that is matched with CMVD’s social security
number, payroll identification number, or other comparable identifying number. Under the
random testing selection process, there is an equal probability that any CMVD will be
selected for testing.
The number of random controlled substances tests conducted annually will equal or
exceed fifty percent (50%) of the CMVDs. The number of random alcohol tests
conducted annually will equal or exceed twenty five percent (25%) of the CMVDs. If the
required percentage of CMVDs to be tested is changed by the FHWA, the City will use
the lowest percentage allowed.
4.Post Accident Testing
A CMVD shall be required to undergo drug and alcohol testing after an accident if the
CMVD receives a citation for a moving traffic violation or was On Duty with respect to a
CMV involved in an accident resulting in the loss of human life.
If a post-accident alcohol test is not administered within two (2) hours following the
accident, the City shall prepare and maintain on file a record stating the reasons the test
was not promptly administered. If a post-accident alcohol test is not administered within
eight (8) hours following the accident, the City shall cease attempts to administer an
alcohol test and shall prepare and maintain the same record.
If a post accident controlled substances test is not administered within thirty two (32)
hours following the accident, the City shall cease attempts to administer a controlled
substance test, and prepare and maintain on file a record stating the reasons the test was
not promptly administered.
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A CMVD who is subject to post accident testing shall remain readily available for such
testing. Nothing in this Policy shall be construed to require the delay of necessary medical
attention for injured people following an accident or to prohibit a CMVD from leaving the
scene of an accident for the period necessary to obtain assistance in responding to the
accident, or to obtain necessary emergency medical care.
5.Follow-up Testing
Following a determination by a SAP that an employee is in need of assistance in resolving
problems with Controlled Substances use and/or Alcohol abuse, an employee shall be
subject to unannounced follow-up Alcohol and/or Controlled Substances testing as
directed by the SAP. Follow-up testing shall occur at least six (6) times during the first
twelve (12) months following the return to duty and shall not continue beyond.
Follow-up alcohol testing shall be conducted only when the CMVD is On Duty, just
before the CMVD is On Duty, or just after the CMVD has ceased being On Duty.
6.Return-to-Duty Testing
Prior to returning to duty a CMVD who has had a Verified Positive Test Result must
undergo a Return-to-Duty test with a result indicating a verified negative result for
Controlled Substances and an Alcohol concentration of less than 0.02.
G.Notification of Test Results
1.Notification to Shorewood of Test Results
The MRO shall report to the Designated Contact Person whether a CMVD’s test was or
negative and, if positive, the identity of the Controlled Substance or Alcohol level for
which the test was positive.
2.Notification to CMVD and Job Applicants for CMVD Positions of Test Results
a.The City will notify an applicant of the results of a pre-employment Drug and
Alcohol test.
b.If a CMVD Tests Positive, the Designated Contact Person will notify the CMVD
of the test result as well as the Controlled Substance or Alcohol for which the
CMVD tested positive.
3.Copy of Test Results
The CMVD or job applicant for a CMVD position will be notified of the right to request
in writing a copy of the Drug or Alcohol test results.
H.Consequences for Engaging in Prohibited Conduct
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1.Offer Withdrawn
A job applicant for a CMVD position who Tests Positive for Drug or Alcohol use will
have his or her conditional offer of employment withdrawn.
2.Return to Duty Test
Before a CMVD who Tests Positive is permitted to return to duty, he or she shall undergo
a Return to Duty Test with a result indicating a breath alcohol level of less than 0.02 if the
conduct involved alcohol or a controlled substance test with a verified negative result if
the conduct involved controlled substance use.
3.Resources Available
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.
4.Employee’s Participation in Counseling and/or Rehabilitation Program
If it is determined by the SAP that the employee needs help in resolving problems
associated with alcohol misuse and/or controlled substance use, the City will give the
employee an opportunity to participate in, at the employee’s own expense or pursuant to
coverage under an employee benefit plan, either a drug or alcohol counseling or
rehabilitation program, whichever is more appropriate. The employee shall sin a release
permitting the City to monitor participation and compliance with counseling or a
rehabilitation program.
5.Discipline
CMVDs may be disciplined up to and including termination, for engaging in prohibited
conduct, except as follows. The City may not discharge a CMVD for a verified positive
test result which was the first such result for the CMVD on a drug or alcohol test required
by the City, unless the following conditions have been met:
a.The City has first given the CMVD an opportunity to participate in, at the
CMVD’s own expense or pursuant to coverage under an employee benefit
plan, either a drug or alcohol counseling or rehabilitation program, whichever
is more appropriate, as determined by the SAP; and
b.The CMVD has either refused to participate in the counseling and
rehabilitation program or has failed to successfully complete the program, as
evidenced by withdrawal from the program before its completion or by a
verified positive test result after completion of the program.
6.Leave to be Used
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Available sick leave, vacation leave or approved unpaid leave may be utilized by the
CMVD until a negative test result is obtained or until termination from employment.
7.Policy Limitations
Nothing in this Policy limits or restricts the right of the City to discipline or discharge an
employee for conduct which violates the City’s policies or rules. Disciplinary actions
taken pursuant to this policy are appealable pursuant to the procedures established in the
Employer’s personnel policy and rules or collective bargaining agreement.
8.Disciplinary Action
Disciplinary actions taken pursuant to this policy are appealable pursuant to the
procedures established in the Employer’s personnel policy and rules or collective
bargaining agreement.
I.Summary of Tests and Financial Responsibility
1.Initial Test
The Initial Test is done on a portion of the first half of a split specimen and is paid for by
the City.
2.Confirmatory Test
The Confirmatory Test is done on a portion of the first half of a split specimen when the
laboratory gets an initial positive result, and is paid for by the City.
3.Retest
A Retest using the second half of split specimen may be done at the request and expense
of the CMVD.
4.Return to Duty Test
The Return to Duty Test is done at the direction of the MRO and must be negative to
return to work. The initial return to work test is paid for by the City. Any further tests
will be the financial responsibility of the CMVD.
5.Treatment Program Participation
Participation in any drug or alcohol treatment or rehabilitation program beyond what is
covered in the City’s medical programs is the responsibility of the CMVD.
6.Follow-up Testing
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Follow-up testing shall be conducted at the City’s expense.
VII.RECORDS
The City will maintain all records required by 49 C.F.R. §382.401 for a period of five years.
CMVD test results will only be disclosed to the CMVD tested and to appropriate Shorewood
officials or as required by state or federal laws or regulations. Further disclosure shall not be
made without the written authorization of the CMVD.
A CMVD may make a written request to the Designated Contact Person to see all information
regarding his or her test results and any documentation of discipline inflicted based upon those
results.
VIII.EFFECT
Should any part of this Policy be in violation of Local, State or Federal law, the offending
provision shall be deleted and the remaining parts of the Policy shall be in full force and effect.
IX. ACKNOWLEDGEMENT
All CMVDs must sign a receipt form acknowledging that they have received this Policy. It is the
CMVD’s responsibility to notify the City Administrator if he or she does not understand the
Policy.
This Drug and Alcohol Testing Policy was adopted by the Shorewood City Council on December
11, 1995, and effective January 1, 1996.
APPENDIX B
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Sexual Harassment Policy
POLICY SUMMARY
This policy reflects the City of Shorewood's strong commitment to provide its employees and
elected officials with an environment free from sexual harassment, sexually offensive behavior,
and retaliation, and of its commitment to handle all complaints thoroughly and completely,
regardless of who brings them or against whom they are brought.
The City of Shorewood is committed to creating and maintaining a work environment in which all
elected officials and employees are treated with respect and are free from sexual harassment. To
this end, sexual harassment by any City official, employee, volunteer, contractor, vendor, or any
other individual associated with the City of Shorewood is prohibited.
The goal of this policy is to ensure that all complaints of sexual harassment will be promptly,
thoroughly, and respectfully handled.
Reporting and investigative procedures are designed to encourage elected officials and employees
to report what they believe to be sexual harassment.
Complaints, investigations, and resolutions will be handled as discreetly as possible, with
information being shared only with those who have a need to know and as may be required by the
City’s obligation to comply with the law.
Retaliation will not be tolerated against any person who complains, reports, or testifies about
sexual harassment, or participates in an investigation of a sexual harassment complaint.
Appropriate disciplinary action will follow when appropriate.
All those involved in the operation of the City have a responsibility to contribute to a respectful
work environment. The City of Shorewood encourages, expects, and appreciates cooperation in
implementing this policy.
WHAT IS THE SCOPE OF THIS POLICY AND WHOM DOES IT COVER?
This policy applies to all elected officials (Mayor and Councilmembers) and employees of the
City of Shorewood.
In addition, this policy is designed to eliminate sexually offensive or sexually harassing
behavior which elected officials and employees encounter in the course of their work.
WHAT IS SEXUAL HARASSMENT AND SEXUALLY OFFENSIVE BEHAVIOR?
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One of the key elements of sexual harassment is that the behavior is unwelcome. Sexual
conduct or communications that might be welcome to you may be unwelcome to another.
Sexual conduct or communications that might have been welcome between two individuals
at one time may become unwelcome at a later time. Whether the conduct or communications
are unwelcome depends on the total circumstances.
Unwelcome sexual conduct or communications may violate state law or federal law, or both, if:
your submitting to that conduct or communication is made a condition of
obtaining or keeping your job,
your submitting to or rejecting that conduct or communication is used as a factor
in decisions affecting your job, or
that conduct or communication unreasonably interferes with your job performance
or creates an intimidating, hostile, or offensive working environment.
Not all sexually offensive or unwelcome behavior constitutes "sexual harassment," as a violation
of law. Nevertheless, this policy is designed to eliminate sexually offensive behavior whether or
not it rises to the level of legally prohibited "sexual harassment."
WHAT ARE EXAMPLES OF BEHAVIOR WHICH MAY VIOLATE THIS POLICY?
The following are examples of sexual conduct or communications which, when unwelcome and
depending upon the total circumstances, may constitute sexual harassment or sexually offensive
behavior:
VERBAL:
unwelcome sexual comments, compliments, innuendos, or suggestions about ones'
clothing, body, or sexual activity.
turning the work discussions into sexual topics, such as sexual practices or
preferences, or telling sexual jokes or stories.
requesting or demanding sexual favors or suggesting that there is any connection
between sexual behavior and any term or condition of employment, whether that
connection be positive or negative.
use of obscene or sexual words or phrases or the use of unwelcome words such as
"sweetheart," "stud," "honey," "babe," or "hunk".
NON-VERBAL:
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displaying sexually explicit pictures or objects in the work area,
Sexual Harassment Policy, continued
giving personal gifts of sexual nature,
making sexually suggestive facial expressions or gestures,
making unwelcome visits to an elected official's or employee's home
PHYSICAL:
kissing, touching, patting, pinching, or brushing against a person's body
sexual contact, intercourse, or assault
WHOSE RESPONSIBILITY IS IT TO ADDRESS AND PREVENT SEXUAL
HARASSMENT?
Every elected official and employee of the City of Shorewood is responsible for contributing to a
respectful work place. The City has a responsibility to:
Post and distribute its sexual harassment policy and procedures,
Inform all elected officials and employees about the City's sexual harassment policy and
procedures,
Train supervisors on their roles and responsibilities in dealing with sexual harassment,
Promote fair and efficient handling of all complaints, and regularly review its sexual
harassment policy and procedures,
Promote a departmental working environment free from sexual harassment and deal with
sexual harassment when it is observed or reported,
Respect the privacy as much as possible of all parties involved in a sexual harassment
concern or complaint.
Elected officials and employees have a responsibility to:
Promptly report concerns or complaints,
Participate in training,
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Cooperate with requests for information and data that will help a supervisor or complaint
handler carry out her or his responsibilities under these procedures, and
Be sensitive to and eliminate sexual harassment in themselves and among their peers.
HOW TO DEAL WITH PROBLEM BEHAVIOR
The Complaint:
If you believe you have experienced sexual harassment or sexually offensive behavior, you should
feel free to complain to the offending person about his or her behavior, to tell him or her what
comment, joke or action disturbed you, and that you want the behavior to stop. You have the
right to complain in person or in writing to the offenders but you need not do so if a direct
complaint would make you uncomfortable.
If you do not feel comfortable in voicing your complaint directly, if you have complained to the
offender and the offensive behavior has not stopped, or if you believe your complaint has resulted
in retaliation towards you, report your complaint of sexual harassment or of retaliation directly to
the City Administrator. In the event that your complaint is against the City Administrator, it
should then be reported to the Mayor.
ADDRESSING A COMPLAINT
After a complaint has been received by the person listed above, the following may take place:
You will be asked for such details as who was involved in the sexually offensive behavior,
what was said or done, how the conduct affected you, and your opinion as to how the
situation should be resolved.
Complaints, investigations, and resolutions will be handled as discreetly as possible, with
information being shared only with those who have a need to know and as may be required
by the City's obligation to comply with the law.
All complaints will be addressed promptly, thoroughly, and fairly.
Elected officials or employees with information about the sexually offensive behavior may
be contacted and are expected to cooperate with any investigation.
The alleged offender will be advised of the complaint and given an opportunity to provide
information about what happened and concerning possible resolution.
The investigator and supervisor will discuss the proposed resolution of the problem, and
you and the alleged offender will be advised of the resolution, with concern shown for the
privacy of the parties.
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Retaliation against you or any person investigating or participating in a complaint
investigation is strictly forbidden and is a very serious violation of this policy.
RESOLUTION OF A COMPLAINT
Resolution of complaints can include, but not necessarily be limited to, an apology,
direction to stop the offensive behavior, counseling or training, oral warning, written
warning, suspension with or without pay, or termination.
If the sexual offensive behavior does not stop or reoccurs after you make a complaint, you
should immediately bring this problem to the attention of the City Administrator.
WHAT IS RETALIATION?
Retaliation is any job related adverse action against a member or employee who has complained of
or reported an incident of sexual harassment, participated in any investigation, or testified in any
proceeding relating to a sexual harassment complaint. This could include, but is not limited to,
denial of a promotion, a demotion, or conduct by anyone in the work place that could reasonably be
expected to have an adverse impact on an individual's performance.
Retaliation sometimes takes the form of verbal or non-verbal conduct, such as sarcasm, refusal to
talk to or look at the employee, or greater demands being placed on the complaining employee than
on non-complaining co-workers.
Retaliation is illegal. If you believe you have experienced it because you have complained,
reported, or testified about sexual harassment, or participated in an investigation of a sexual
harassment complaint, you should report the situation to the City Administrator.
RETALIATION
No retaliation will be tolerated, as a result of an individual making a complaint or participating in
an investigation. Complaints of retaliation will be vigorously pursued. Making a complaint or
participating in an investigation will not, however, insulate an individual from appropriate
employment actions.
FALSE COMPLAINTS
Complaints that are found to be intentionally dishonest or malicious will not be tolerated, and any
person making a false complaint is subject to disciplinary action.
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APPENDIX C
SAMPLE FORMS
The following sample forms are included for information. Employees may ask for copies of these,
and any other forms, from the City Administrator, or designee.
Education Reimbursement Application
Expense Report
Health Maintenance and Wellness Program
Time Sheet
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EDUCATION REIMBURSEMENT
CITY OF
APPLICATION
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331 · (952) 474-3236
I, , request approval to take the following course:
(PRINT NAME)
Course Title:_______________________________________________________________________
Institution:
Term, Day(s) and Time of Course:
Describe how this course is related to City business:
This course is required for a Degree Program to which I have been admitted: (circle one) YES NO
If YES, name of degree-program: _____________________________________________________
I understand that, upon successful completion of the course, I may be reimbursed, subject to the availability
of funds, for the tuition, books, and course-related fees, per the Education Reimbursement Policy.
Employee Signature: Date:
EDUCATION COURSE REQUEST:
Approved by: Date:
City Administrator (signature)
Approved by: Date:
Supervisor (signature)
***********************************************************************************
***
REIMBURSEMENT REQUEST
(Submit this to the Finance Dept. when the course is completed. Attach a copy of the fee statement and proof of successful completion.)
Approved by: Date:
City Administrator (signature)
Approved by: Date:
Supervisor (signature)
Recorded by: Date:
Finance Director (signature)
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Amount of Reimbursement $ Account Code No.
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CITY OF SHOREWOOD
EXPENSE REPORT
1/1/06 - 1/31/06
DATE ACTIVITY/DESCRIPTION MILES RATE TOTAL
note: mileage .445 for 2006
TOTAL
: $0.00
I declare under the penalties of law that this account, claim or demand is just and correct
and
that no part of is has been paid.
Signature of Claimant
Address
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HEALTH MAINTENANCE AND
WELLNESS PROGRAM
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331 · (952) 474-3236
The City’s health maintenance and wellness benefit provides reimbursement to the employee for up to $40 per month
for health club membership dues, or other programs promoting health and wellness. Employees may convert
accumulated sick leave to pay for the employee’s health and wellness program, provided that the employee maintain a
sick leave balance of eighty (80) hours at all times. The amount of reimbursement shall not be more than the actual
amount of the employee’s health club membership dues or wellness program expense. Refer to the Employee
Handbook Section 7.08 for the Health Maintenance and Wellness Program Policy.
I _____________________________________hereby certify the City of Shorewood to deduct
Print Employee Name
______sick leave hour(s) from my sick leave balance* for____________________________________
(name of wellness program or health club)
Attach receipt or if payment to the wellness program was made by automatic deduction from
employee’s checkbook or credit card, attach a copy of the statement reflecting the payment.
I understand that the above reimbursement is Federal, State and FICA/Medicare (if applicable)
taxable.
___________________________________ _________________________________
Employee Signature Date
* 1 hour of sick time = $20 of wellness benefit; a maximum of 2 hours, or $40, is allowed.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ For Finance Department Use Only ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~
Reimbursement Authorized by:
Finance Department Representative Date
Amount of Reimbursement $ Sick Leave Deducted from Pay Period Ending______________
Employee may submit for reimbursement on a monthly basis, or if you prefer, on a quarterly basis. However, no payments
will be made in the current year for prior year reimbursement requests.
Submit this form to the Finance Department for reimbursement
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SAMPLE TIME SHEET
75
FRO
NAME EMPLOYEE #_____ PAY PERIOD M TO
LUNCH 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5
TIME IN 8:00 8:00 8:00 8:00 8:00 8:00 8:00 8:00 8:00 8:00
TIME OUT 4:30 4:30 4:30 4:30 3:00 4:30 4:30 4:30 4:30 4:30
TIME IN
PAYROL
TIME OUT L
MOSAMO
Day SUN N TUE WED THUR FRI T SUN N TUE WED THUR FRI SAT TOTAL TOTAL ACCT #
Date 1/1 1/2 1/3 1/4 1/5 1/6 1/7 1/8 1/9 1/10 1/11 1/12 1/13 1/14
Admin 41300
Gen Govt 41400
Finance 41500
Planning 41910
Inspections 42400
06
HOLIDAY HOLIDAY
05
VACATION VACATION
SICK 04 SICK
OTHER
TOTAL 0
0 0 0 0 0 0 0 0 0 0 0
I Declare under the penalties of perjury that I have worked the hours stated on this
timesheet above my name and have earned wages based on the hours worked. SIGNATURE
DEPT. HEAD
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