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Handbook 1.0INTRODUCTION 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 explainwhat 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 Itis the responsibility of all City Department Directorsand 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. 2591018v2 -1- 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 EmployeeA regular, full-time employee is defined as a person who has completed the required probationaryperiod 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. 2591018v2 -2- 1.0INTRODUCTION 1.05.Employee Classification and Hours of Work Due to the necessity of providingservice twenty-fourhours 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 includeshift rotation and emergency work schedules based on public necessity as determined by the City. The following are descriptions of the employee classifications andwork 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 perweek. Part- time employees who work an average number of hours between 20 and 32 hours per week may be eligible to purchase fromthe 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 inthe case of emergencies. 2591018v2 -3- 2.0CITY OF SHOREWOOD ORGANIZATION 2.01.Mission Statement of Purpose The Cityof Shorewood is committed toproviding 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 Cityvalues. Our management philosophy is: 1.Be recognized by Shorewood residents and businessesas a model of good government. 2.Respect employees, volunteers, and commissionersnot 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 servicesanda value in municipal services. 4.Utilize "user friendly" systems and processes. Association withthe City, in any capacity, should be as enjoyable and focused as possible. 2.03Core City Values/ Attributes The Shorewood City Council, in its governing role, is responsible for setting policies for the City, which are implemented by the Administratorand 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. Theseare: 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. 2591018v2 -4- 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,andindependent 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 ... agreat 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 will 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. 2591018v2 -5- 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. 2591018v2 -6- 2.06.Organizational Chart 2591018v2 -7- 3.0EMPLOYMENT 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.HiringProcedures 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 ata 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 candidatesare invited in for a practical test and an interview. Candidates are asked to fill out forms during interviewauthorizing reference checks, background check, and physical and drug testing. 9.Applicants are scored on practical and interview based upon apredetermined 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. 2591018v2 -8- 3.0EMPLOYMENT 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 considerationto 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) calendardays 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. 2591018v2 -9- 3.0EMPLOYMENT 3.06.Pre-Employment and Job-RelatedExaminations All new full and regular part-time Public Works employees shallbe required to have a job- relatedphysical 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 alcoholtesting in accordance with the City’s drug and alcohol testing policy (see Sections 3.09and 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 completea 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 additionalperiod of time,up to six (6) months,bythe 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. 2591018v2 -10- 1.Extension of the probationary period; 2.RegularEmployment; or 3.Termination. Subdivision 5. Vacation and Sick Leave During a new or rehired employee's probationary period, vacation leave and sick leaveshall 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 thesupervisor’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 aprobationary 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 directsupervisors, 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. 2591018v2 -11- 3.0EMPLOYMENT 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 recommendationstating 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. 2591018v2 -12- 4.0RESPONSIBILITIES 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 employeesmay not endorse any particular product or company.Employeesmay give informationof appropriate agencies or sources where a listing of applicable services/products may beavailable. Accepting gifts or gratuities or recommending/endorsing products iscause for disciplinary action. 4.02.Solicitations and Distribution of Literature The City does not allow solicitations or distribution of literature to take place on Citytime 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 shallnot 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. 2591018v2 -13- 4.0RESPONSIBILITIES OF EMPLOYEES 4.05.Lunch Breaks All full-time employees are entitled to a one-half (l/2) hour lunchperiod 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. 2591018v2 -14- 4.0RESPONSIBILITIES OF EMPLOYEES 4.08.Political Activities Subdivision 1. Influence No employee shall, directly or indirectly, during his/her hours of employment solicitor 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. 2591018v2 -15- 4.0RESPONSIBILITIES OF EMPLOYEES 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 reservesthe 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. 2591018v2 -16- 4.0RESPONSIBILITIES OF EMPLOYEES 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. 2591018v2 -17- 4.0RESPONSIBILITIES OF EMPLOYEES 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. 2591018v2 -18- 4.0RESPONSIBILITIES OF EMPLOYEES 5. No software or files shall be downloaded from the internet unless specifically authorized and approvedemployee’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. 2591018v2 -19- 4.0RESPONSIBILITIES OF EMPLOYEES 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 invoiceto 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. 2591018v2 -20- 4.0RESPONSIBILITIES OF EMPLOYEES 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. 2591018v2 -21- 4.0RESPONSIBILITIES OF EMPLOYEES 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 tocontact, 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 policyshould 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 harassmentof 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 regardto 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: 2591018v2 -22- 4.0RESPONSIBILITIES OF EMPLOYEES 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 acondition 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 isnot 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. 2591018v2 -23- 4.0RESPONSIBILITIES OF EMPLOYEES 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. Anyemployee 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. 2591018v2 -24- 4.12Firearms Prohibited While Performing Work for the City The purpose of this policy is to state that City employees shall notcarry 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 vehicleremains 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. 2591018v2 -25- 4.0RESPONSIBILITIES 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 Cityand shall be enforced by each Department Directorand/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 theCity 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) 2591018v2 -26- 5.0TRAINING 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. 2591018v2 -27- 6.0COMPENSATION 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 surveygroup 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 successfullymeets 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 forstaff 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. 2591018v2 -28- 6.0COMPENSATION 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 shallhave 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. 2591018v2 -29- 6.0COMPENSATION 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. 5. Significantly Exceeds Expectations means the employee consistently exceeds expectations in terms of their regular job duties and constantly seeks new and challenging tasks and responsibilities. The employee regularly contributes ideas and opinions on operations of the City in their own department as well as other departments. The employee seeks continuous improvement and is willing to take measured risks and offer new ideas and ways of operating. The employee actively seeks and participates in educational opportunities on their own as well as through the city. The employee exhibits a commitment to quality service and exemplifies the city’s core values. The employee follows-up on questionsand concerns raised by residents, council, or other staff without delay. 4. Exceeds Expectations means the employee completes the projects and/or tasks assigned and meets the expectations identified by the employee and department manager and generally completes the work ahead of schedule. The employee is well organized and is proactive in letting the supervisor know about possible delays and informs the supervisor what he or she is doing to move the project along. The employee is self-motivated and seeks creative solutions to overcome issues. The employee will seek opportunities to improve their skills and abilities and will participate in group problem solving. The employee maintains a generally positive attitude; encourages and seeks opportunities to assist team members; is timely in their response to requests from the public or other staff. 3. Meeting Expectations means an employee completed their projects and/or tasks and successfully met the expectations as agreed between the employee and department manager on time and as expected. 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 the potential delays and offers possible solutions forhow to overcome the delay. 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 timelymanner; etc. 2. Marginally Meets Expectations means that an employee accomplishes tasks and meets the expectations established with the supervisor, however has difficulties in doing so. If a deadline is missed, the employee is not proactive in informing the supervisor of the delay. The employee is not a self starter and waits for the supervisor to assign tasks. The employee is marginally active in staff meetings and cooperative problem solving and rarely offers his or her thoughts on ways to improve operations. The employee only occasional takes responsibility for their actions and errors. The employee is not proactive in solving issues looks for the supervisor or other staff for alternatives and decision making. The employee’s attitude is more often negative; they don’t respond well to public, council, or other staff inquiries, 2591018v2 -30- 6.0 COMPENSATION AND WAGE ADMINISTRATION 1. Not Meeting Expectations means the employee does not complete projects or tasks on time or within the guidelines established by the department manager. The employee did not provide the supervisor any information as to why expected projects and responsibilities were not completed and offers excuses or blames others for preventing or delaying the completion of the task or project. The employee has not made improvement on issues identified by the department manager 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 An employee who rates a 1 or 2 will have a work plan developed with the supervisor and will be monitored on at least a bi-weekly basis to monitor progress toward improvement. If an employee does not demonstrate appreciable improvement while on the work plan, the supervisor shall meet with the Administrator to discuss possible alternatives. 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 orsupervisory 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. 2591018v2 -31- 6.0 COMPENSATION AND WAGE ADMINISTRATION 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, suchaccrual 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.ExemptPersonnel 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. 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 flexiblework 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 ofthe actual cost incurred by the employee. Employees must submit an Expense Request for Reimbursementform; the Expense Request for Reimbursementform should be submitted no less than quarterlyto the Finance Department. The form must be signed by the employee’s supervisor. 2591018v2 -32- 6.0 COMPENSATION AND WAGE ADMINISTRATION 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. 2591018v2 -33- 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 $100per 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 offeredby 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 alist of those available insurance carriers can be obtained by contacting the City Administrator. (Revised 12/09) An employee who elects coverage underthe Health Savings Account that, combined with other benefits, results in a total cost that is less thanthe contribution level, shall have the balance applied toward their Health Savings Account up to a maximum of $2,500 for the year. This amount shall be deposited into the members HAS account at the start of the New Year. ( Revised 2/12) 2591018v2 -34- If an employee whohas 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 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 InsuranceContribution 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. Employeesmay, at their option, defer any part of their income to the IRS established maximum amount. The City does notcontribute 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 2591018v2 -35- employees eligible for health and other insured benefits are eligible to participate in the Pre-Tax Premium Plan. The City will allow the maximum amountin 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 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-andpart-time city employees. Employees may exchange up to 2 hours of sick leave for participation in programs promotinghealth 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, ona 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 hoursper 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. 2591018v2 -36- 8.0TIME OFF 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 JanuaryMartin Luther King’s Birthday Third Monday in FebruaryPresident’s Day Friday before Easter (1/2 day)Good Friday Last Monday in MayMemorial Day July 4Independence Day First Monday in SeptemberLabor Day Second Monday in OctoberColumbus Day* November 11thVeteran’s Day Fourth Thursday in NovemberThanksgiving Day Fourth Friday in NovemberDay After Thanksgiving Day** December 24th (1/2 day)Christmas Eve December 25thChristmas Day As ApprovedPersonal 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 anyone 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, th and when New Year’s Day, January 1; or Independence Day, July 4; or Veteran’s Day, thth November 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. Holidayswhich 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. 2591018v2 -37- 8.0TIME OFF 8.02Regular 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 employeesshall 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 Gof 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 ofvacation 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 OverofUnusedVacation 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. 2591018v2 -38- 8.0TIME OFF 8.02Regular Vacation, continued G.Vacation Accrual Regular full-time employees shall accrue vacation on the following basis: Length of ServiceVacation Accrual Start through 5 years of service3.692hours per pay period worked; 12 days maximum per year thth Beginning of 6year (5anniversary) 4.615hours per pay period worked; through 9 years:15 days maximum per year thth Beginning of 10year (9anniversary)6.153hours per pay period worked; through 19 years:20 days maximum per year thth Beginning of 20year (19anniversary)7.692hours 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. 2591018v2 -39- 8.0TIME OFF 8.03.Sick Leave 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 nextcalendar 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 800hours..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 orpaid 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 appointmentsmust 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 compensatethe employee the difference between their regular base pay and that received fromWorkers' Compensation payments, but never for alonger 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. 2591018v2 -40- 8.0TIME OFF 8.04.Sick Spouse/Partner/Parent Child Leave Regular employees may use accumulatedsick leave for absences due to an illnessor a health care related appointmentof 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 illnessor 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 8.06FMLA 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 DonorHours Allowed PerYear Less than or equal to 800 80 to 1208 121 to 16016 161 to 20024 201 to 24032 241and over40 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 hoursdonated to the employee arein 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. 2591018v2 -41- 8.0TIME OFF 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 UnderWhich 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 “Physicianor 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 otherregular 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. 2591018v2 -42- 8.0TIME OFF Coordination with Other Leaves/Accrual A regular employee may choose to substituteaccrued 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 beadvised 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 2591018v2 -43- 8.0.TIME OFF 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 adoctor 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 maygrant an extended unpaid parenting leave totalingup 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. 2591018v2 -44- 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 fivemonths 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 applicablepolicies. 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. 2591018v2 -45- 8.0 TIME OFF 8.10Funeral 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 correspondingstep- 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. 2591018v2 -46- 8.0TIME OFF 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 atime 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.Time 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. 2591018v2 -47- 8.0TIME OFF 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 requireverification 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 makea room available in which employees may express their milk in privacy. Employees should notify their supervisor if they need to take such breaks. 2591018v2 -48- 9.0SAFETY/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.Securenames 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. 2591018v2 -49- 10.0DISCIPLINE 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 ruleorregulation; 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. 2591018v2 -50- 10.0 DISCHARGE AND DISCIPLINE This listnoted aboveis 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 byaction of the Council uponrecommendation of the City Administratoror 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. 2591018v2 -51- 11.0LEAVING CITY EMPLOYMENT 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 propertyno 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 weeksof wages in lieuof 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. InvoluntaryElimination An involuntary eliminationis 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. 2591018v2 -52- 11.0LEAVINGCITY 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 Eliminationfrom the City shall be granted severance pay of unused sick time the employee may havebased 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 Uponseverance of employment, employees with a minimum of five years of employment shall be entitled to receivepayment of 50% of sick leave hours up to a maximumof 400 hours of payout (this calculates to asick leave balance ofup to800 hours) at termination.Such payment for unused sick leave shall be made based on the employee's hourly rate at the time of severance. Employeeswho leave employment due to reduction in workforce or elimination of position, shall receive, in addition to all other compensation payouts, payment equal to one week of pay for each full year of service with the City.Part-time employees severance will be figured based on the average of the previous year’s hours worked. (Revised 02-13-12) 2591018v2 -53- APPENDIX A CITY OF SHOREWOOD DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES FOR COMMERCIAL MOTOR VEHICLE DRIVERS A City of Shorewood value…”Respectfor 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 atany 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. 2591018v2 -54- 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 testand 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 instructsand 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”. 2591018v2 -55- 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). 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 ordrug 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. 2591018v2 -56- 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 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 avalid 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”. Thesample 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: 2591018v2 -57- 1.Reporting for duty or remaining On Duty while having an alcohol concentration of 0.02 or greater; 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 2591018v2 -58- 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. In addition, all CMVDs asked to undergo Drug and Alcohol Testing will receivea 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. 2591018v2 -59- 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 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 onthe 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 resultand 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 2591018v2 -60- 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 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 2591018v2 -61- 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. Alcohol testing is authorized only if the observations are made during, just before, or just after the period of the work day the driver isrequired 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 ascientifically valid method, such as a random number table or a computer-based random number generator that is matched with CMVD’ssocial 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 2591018v2 -62- 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. 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 ceasedbeing 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. 2591018v2 -63- 3.Copy of Test Results The CMVD or job applicant for a CMVD position will be notified of the right to request in writinga copy of the Drug or Alcohol test results. H.Consequences for Engaging in Prohibited Conduct 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 oruse 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 Citywill 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 Citymay 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 2591018v2 -64- 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 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 whenthe 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 2591018v2 -65- 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 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 partof 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, andeffectiveJanuary 1, 1996. 2591018v2 -66- APPENDIX B 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. 2591018v2 -67- WHAT IS SEXUAL HARASSMENT AND SEXUALLY OFFENSIVE BEHAVIOR? 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. 2591018v2 -68- use of obscene or sexual words or phrases or the use of unwelcome words such as "sweetheart," "stud," "honey," "babe," or "hunk". NON-VERBAL: 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 ADDRESSAND 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, 2591018v2 -69- Respect the privacy as much as possible of all parties involved in a sexual harassment concern orcomplaint. Elected officials and employees have a responsibility to: Promptly report concerns or complaints, Participate in training, 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 isagainst 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 maytake 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 addressedpromptly, 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. 2591018v2 -70- 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. 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 makingacomplaintor 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 2591018v2 -71- 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. 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 andWellness Program Time Sheet 2591018v2 -72- EDUCATION REIMBURSEMENT APPLICATION CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331 · (952) 960-7900 I, , requestapproval 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. ompletion.) Approved by: Date: City Administrator (signature) Approved by: Date: Supervisor (signature) Recorded by: Date: Finance Director (signature) Amount of Reimbursement $ Account Code No. 2591018v2 -73- CITY OF SHOREWOOD EXPENSE REPORT 1/1/06 -1/31/06 DATEACTIVITY/DESCRIPTIONMILESRATETOTAL 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 2591018v2 -74- 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 otherprograms 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 SignatureDate *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 DepartmentRepresentativeDate 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 2591018v2 -75- 75