1988 Rules & RegsCITY OF NEW HOPE, MINNESOTA
PERSONNEL RULES AND REGULATIONS
Revision Dates:
December 15, 1986
July 25, 1988 (Retroactive to January 4, 1988)
TABLE OF CONTENTS
Chapter
I
II
III
PERSONNEL BOARD .................
GENERAL PROVISIONS ................
PURPOSE AND AMENDMENT OF RULES ADMINISTRATION
Paqe
1
2
4
IV DEFINITIONS ~
V RECRUITMENT, SELECTION AND PLACEMENTs. ...... 7
VI THE cLAssIFICATION PLAN ............. 12
VII THE PAY PLAN ................... 13
VIII PROBATIONARY PERIOD ............... 16
IX PHYSICAL EXAMINATIONS AND WORKER'S
COMPENSATION ................. 17
X OUTSIDE EMPLOYMENT, LEGAL RESIDENCE,
CONTRACTUAL SERVICE & POLITICAL
ACTIVITY ................... 18
XI ATTENDANCE AND LEAVES .............. 21
XII DISCIPLINARY ACTION, LAy OFF AND
RES IGNATI ON .................. 27
XIII RETIREMENT .................... 31
XIV GENERAL PROVISIONS AND PROHIBITIONS ....... 32
XV PROCEDURE FOR SUGGESTIONS, COMPLAINTS
AND APPEALS .................. 33
XVI SEXUAL HARASSMENT POLICY ............. 36
I
PERSONNEL BOARD
Personnel Board. A City Personnel Board is hereby established in
accordance with the provisions of the Civil Service Personnel
System Ordinance. The Board shall consist of three (3) members.
Meetinqs of the Board. Meetings may be called by the Chairperson
or by any two (2) Board members. All meetings of the Board shall
be held in the City Hall and shall be open to the public. Two (2)
members shall constitute a quorum for the transaction of business
at any meeting and the concurrence of two (2) members shall be
necessary to make any action effective. An annual meeting of the
Board shall be held on the second Wednesday of March of each year.
Minutes. The minutes of the Board meetings shall be prepared and
maintained on behalf of and subject to the approval of the Board.
Any person may examine the minutes under such reasonable
conditions as the Board may prescribe.
Duties and Powers. The power and duties of the Board shall be
those prescribed by Minnesota Statutes, Chapter 44, as amended,
the Civil Service Personnel Ordinance, and these rules.
1
II
GENERAL PROVISIONS
It is hereby declared personnel policy of the City of New Hope that:
Employment in the service of the City shall be based on merit and
fitness, free of personal consideration.
Just and equitable conditions of employment shall be established
and maintained to promote efficiency and economy in the operation
of the City government.
Positions having similar duties and responsibilities shall be
classified and compensated on a uniform basis.
Appointments, promotions and other actions of the Board shall be
based on systematic tests and evaluations.
St
Tenure of employees covered by the attached rules shall be subject
to good behavior, the satisfactory performance of work, necessity
for the performance of work and the availability of funds.
e
Ail employment practices shall be nondiscriminatory in compliance
with federal laws, state statutes and local ordinances. No
individual shall, on the basis of race, color, creed, religious or
political affiliation or belief, national origin, sex, age,
marital status, disability or status with regard to public
assistance be excluded from employment or be subjected to
discrimination in any terms and conditions of employment by the
City of New Hope.
No person who advocates or is a member or an affiliate of any
organization which advocates the overthrow of the Government of
the United States or of the State of Minnesota by force or
violence shall be hired, promoted or retained in employment.
The personnel rules and regulations adopted herein shall apply to
all City employees, whether or not covered by the classified
service, unless there is specific law or labor agreement to the
contrary. Where there is a labor agreement in effect the
provisions of the labor agreement shall apply. For matters on
which the labor agreement is silent the City personnel policies
shall apply.
2
The personnel policies contained herein are subject to the laws
of the United States, the State of Minnesota and the City of New
Hope ordinances. In the event any personnel policy shall be held
to be contrary to law by a court of competent jurisdiction from
whose final judgment or decree no appeal has been taken within the
time provided, such personnel policy shall be voided. All other
personnel policies shall continue in full force and effect.
10. Sexual harassment by City officials and employees toward any
member of the public or any other City official or employee is
prohibited.
III
PURPOSE AND AMENDMENT OF RULES ADMINISTRATION
Purpose of Rules.
Service:
These rules establish for employees in the City
(a)
A system of personnel administration based on merit
principles and designed to secure efficient administration
and employee understanding, and
(b)
The general City personnel policy on hours of work and other
terms and conditions of employment.
Administration. These personnel rules and regulations shall be
administered by the City Manager as the chief administrative
officer of the City. Any questions concerning the applicability
of these rules shall be interpreted and resolved by the Personnel
Board. Appeals from the application of these rules shall be made
in the manner specified in Chapter XV of these rules.
IV
DEFINITIONS
As used in these rules, the following words and terms, unless the
context clearly requires otherwise, shall have the meaning indicated
below:
1. Allocation means the assignment of an individual position to an
appropriate class on the basis of the kind, difficulty and
responsibility of the work actually performed in the position.
2. Appointing Authority means the City Manager.
3. Board means the Personnel Board of the City of New Hope.
4. Class means one unique position, or two or more positions
sufficiently similar in respect to duties, responsibilities, and
authority that they may be designated by a single descriptive
title and to which the same minimum scale of pay can, under
substantially the same employment conditions, be reasonably and
fairly applied.
5. Classified Service means the positions covered by the merit
system.
6. Class Specification means the written description of a class
containing a title, a definition, examples of duties, and the
desirable qualifications that are necessary for the satisfactory
performance of the duties of the class.
7. Class Title means the title assigned to any particular class and
used for reference for that class.
8. Employee shall include every officer, employee or other holder of
a position in the City except those excluded by an Ordinance pro-
viding for Civil Service Personnel System in the City of New Hope.
9. Holiday means the period between 12:01 a.m. and 12:00 midnight or
the date on which the holiday falls.
10. Immediate Family means spouse, children, mother, father, brother,
sister, grandmother, grandfather, mother-in-law, father-in-law, or
other relative living in the same household related by blood,
marriage or adoption.
11. Merit System means the method provided by Minnesota Statutes, this
ordinance, and rules adopted thereunder for the employment,
promotion, dismissal and discipline of municipal employees.
5
12. Part-time Employment means employment which is scheduled for less
than the total number of hours in a normal work week for the work
unit.
13. Probationary Period means a working test period during which an
employee is required to demonstrate fitness, by actual performance
of job duties, for the position to which the employee is
appointed.
14. Promotion means a reassignment of an employee from a position in
one class to a position in another class having a higher maximum
salary range.
15. Provisional Employment means employments for not more than ninety
(90) days when necessary due to the lack of eligible persons on
the eligible list.
16. Seasonal Employment means employment regularly engaged in on a
scheduled, full-time work week basis, for less than seven (7)
months in any given calendar year.
17. Temporary Employment means employment temporarily of persons on
the eligible list, without regard to rank thereon, for a period
not to exceed ninety (90) days in emergencies.
18. Vacation means paid time off from work, earned by the employee
through the accrual of years of service, and provided for the
purpose of rest and relaxation.
19. Veteran's Preference means that preference granted to veterans as
defined by the State of Minnesota in accordance with M.S. 197.455
through 197.481, as amended.
20. Sexual Harassment is defined as behavior such as, but not limited
to, unwelcome sexual advances, request for sexual favors, sexually
motivated physical contact, and other verbal or physical conduct
or communication of a sexual nature.
V
RECRUITMENT, SELECTION, AND PLACEMENT
1. Recruitment Policy. Recruitment of employees for positions in the
service of the City shall be the responsibility of the Personnel
Board with the assistance of the City Manager. The Board and City
Manager may solicit assistance from department heads and other
employees in the recruitment of qualified applicants for available
openings.
Qualified applicants will be considered for employment without
discrimination on the basis of race, color, creed, religious or
political affiliation or belief, national origin, sex, age,
marital status, disability or status with regard to public
assistance.
Department heads shall notify the City Manager as far in advance
as possible of any requirements for additional or replacement
personnel, setting forth such items as the number of employees
desired; and job-relevant qualifications. Upon receipt of the
request, the City Manager will review the request for feasibility
of filling the vacancy. If the position for which a new employee
is being requested is not provided for in the City's annual
operating budget, the employee shall not be hired until the City
Council has approved the position.
Upon determination that the position has been provided for, the
City Manager shall notify the Board of the vacancy. The Board
shall then provide for recruitment consistent with the City's
equal opportunity policy. Advertisements will indicate that the
City is an equal employment opportunity employer.
Notices of job openings, other than those for provisional or
temporary employment, shall be posted prominently on all bulletin
boards in order to encourage employees to apply for positions for
which they meet the job-relevant qualifications. The posting
period shall be determined by the Board with the assistance of the
City Manager.
2. Types of Appointment. Whenever a vacancy in the classified
service exists it shall be filled: by reduction, by transfer, by
re-employment, by promotion or by original entrance. It shall be
the policy of the City to fill vacancies whenever possible in the
preceding order. In the absence of persons eligible for
appointment in these ways, a temporary or provisional appointment
may be made in accordance with these rules. Employment of
seasonal employees, unskilled or semi-skilled temporary labor
hired on an hourly or weekly basis and other employees excluded
from the classified service shall be made by the City Manager
only, and these rules and regulations shall not apply or govern
such appointment.
7
3. Notice of Examination. At least ten (10) calendar days before an
examination, notice of the time and place of the examination
shall be published once in the official newspaper, and posted at
the City Hall and at two other places in the City. Written notice
shall also be mailed in advance of the examination to each person
who has previously submitted their application for the position to
the board.
4. Application Forms. The application form will request only that
information which is relevant for employment consideration. It
will be revised periodically by the Board to comply with federal
and state statutes and regulations regarding equal employment
opportunity and data privacy.
An application for employment must be filed on the form provided
within the time specified in the notice of job opening. The Board
may allow an applicant, upon their request, to amend or complete a
defective application which has already been filed. Such request
must be made to the Board by the applicant, within fourteen (14)
calendar days following the receipt by the Board of the
application.
The Board may require an applicant to provide additional job
relevant information regarding health, character and
qualifications. Falsification or misrepresentation of information
on the application form or additional information provided by the
applicant shall be grounds for rejection or dismissal. Ail
applications and additional information shall be retained by the
Board until the expiration of the eligible list of three (3)
years, following the date of receipt of the application, whichever
is the longer period of time.
5. Rejection of applicants. The Board may reject an applicant for
any of the following reasons:
(a) Failure to meet the job-relevant qualifications,
(b) Inability to perform job duties of the position,
(c) Previous criminal conviction or disgraceful conduct*,
(d) Falsification or misrepresentation of information,
(e) Previous dismissal from public or private service because of
delinquency or misconduct*.
*Arrest records will not be considered by the Board in making
employment decisions. An applicant will not be rejected solely on
the basis of previous criminal convictions or disgraceful conduct,
or previous dismissal from public or private service because of
delinquency or misconduct. In each case the nature, recency, job-
relevancy and number of offenses will be considered, along with
evidence of rehabilitation.
6. Examination. Examinations for positions in the classified
service shall be competitive and may be of any form and content
8
which, in the judgment of the Board, will best serve to determine
the relative fitness and ability of the applicants to perform the
duties of the position. Medical and physical tests may be either
competitive or qualifying, as prescribed by the Board in its
official announcement of position opening. All examinations shall
be uniformly administered.
7. Scoring of Examinations. For all examinations the Board may set a
minimal passing score and shall determine the standards and
procedure by which placement on the eligible list, by rank order
of score attained, may be achieved. Standard for scoring
examinations shall be uniformly applied.
8. Notification of Examination Results. The Board shall notify each
candidate of their test score and the passing score. If the
candidate has passed the test, notification shall also include the
candidate's relative ranking among those who have passed and the
right to exercise veteran's preference if qualified.
In case an error has been made in scoring an examination, the
Board shall correct the error, but such correction shall not
invalidate a certification or appointment previously made. The
candidate's correct score shall then be placed in the proper rank
order on the eligible list.
9. Promotion From Within the City Service. Insofar as practical and
consistent with the City's standards of merit and ability,
positions open in a higher classification will be filled by
promotion from among employees in lower classifications within the
same department. The factors in determining promotions may
include results of competitive examinations, efficiency of
service, promise of continued development, job-relevant education
and experience, and length of service. The purpose of this
practice is to encourage employees and the public to regard
service with the City as a career, to recognize efficiency and
ability, and to minimize turnover. It shall be the policy of the
Board to require competitive examinations, unless there are at
least two (2) employees in the classified service who meet the job
relevant qualifications for the position opening.
Length of service shall be the determining factor in promotion
only if all other job-relevant qualifications are equal, in the
judgment of the Board.
10. Transfers. The transfer of an employee from a position in one
class to another position in the same class may be made by the
City Manager with the approval of the Board. In case of transfer
the employee's length of service shall continue to be calculated
from the date of employment.
A transferred employee may be required by the City Manager to
serve a six (6) month's probationary period to commence on the
9
date of the transfer. The City Manager may, given discretionary
consideration, waive the probationary period. If the City Manager
waives the probationary period for transfer, a transferred
employee who had not completed the probationary period in their
preceding position will continue on probationary status until
completion of the initial probationary period.
11. Eligible Lists. An eligible list shall be established for each
classification for which the Board has given an examination (s).
The Board shall place the name of each candidate who passes all
examinations given on an eligible list, ranked according to the
candidate's total weighted score. Veteran's preference shall be
exercised as provided by Minnesota Statutes 197.455 through
197.481, as amended. After veteran's preference points have been
added, where applicable, if two (2) or more candidates have the
same total weighted score, these candidates will be placed on the
eligible list in order of date of receipt by the Board of their
applications forms.
Eligible lists shall expire in one (1) year from the date of
posting.
12. Re-employment List. A re-employment list shall contain the names
and classifications of all employees laid off and the names and
classifications of former employees in whose written application,
made within one (1) year of separation in good standing, are
approved by the Board. The Board shall consider the
recommendation of the City Manager before approving or rejecting
applications of former employees. Names shall be placed on a re-
employment list in order of consideration by the Board of merit,
ability, efficiency of previous service and length of service.
13. Certification of Eligibles. If appointment is to be made from an
eligible list, the Board shall certify to the City Manager the
three (3) names highest on the list. If more than one (1)
vacancy is to be filled, the names of one additional eligible
candidate for each additional vacancy shall be certified. The
City Manager shall make the appointment from the eligible list and
notify the Board of the person appointed.
14. Temporary Appointment. When necessary to prevent inconvenience to
the public and to continue public services, the City Manager may
make temporary appointments. These appointments shall be made
from an appropriate eligible list.
15. Provisional Appointments. Upon receipt of a request for
certification to a position for which there is no eligible list,
the Board may authorize the appointing authority to fill such
position by a provisional appointment. Such provisional
appointment shall remain in force not longer than thirty (30) days
after certification is made from an appropriate list. Within
sixty (60) days after granting permission for the appointment, the
10
Board shall hold an examination for such position. In no case
shall any provisional appointment remain in force longer than
ninety (90) days, and successive provisional appointments to the
same position shall not exceed a total of ninety (90) days in any
calendar year. Employees who have served in a provisional
employment status are subject to the same requirements as other
applicants in applying for employment in a non-provisional status.
16. Veteran's Preference. Preference granted to veterans in hiring or
promotion shall be in accordance with M.S. 197.455 through
197.481, as amended.
11
VI
THE CLASSIFICATION PLAN
Preparation of Plan. There shall be a written class specification
for each class of position covered in the merit system.. All
specifications shall consist of a title, a definition, examples of
duties, a list of the desirable knowledges, abilities, skills,
experience and training; and other pertinent information relative
to the preparation and abilities necessary for the performance of
the duties of positions in the class. The complete list of class
specifications is a part of these rules.
Allocation of Positions to Classes. Ail positions shall be
grouped in classes having a definite range of difficulty and
responsibility. When a new position is created, or the duties of
a position change, the position shall be allocated to a class
according to the duties and responsibilities of the position, if
an appropriate class exists.
Amendment of the Classification Plan. When a new position is
created for which no appropriate class exists, or when duties of
an existing position have sufficiently changed so that no
appropriate class exists, the Board shall create a new class and
shall cause an appropriate class specification to be written.
The new position shall not be filled until the classification plan
has been amended to provide for it.
Abolition of Classes. When, in the opinion of the City Manager, a
class exists for which there is no appropriate position in the
City service, the Manager may abolish the class, subject to
approval of the Board.
Use of Class Titles. The titles assigned to positions by their
allocation to classes established by the classification plan shall
be used in all personnel, accounting, budget, appropriation,
financial and official records of the City.
Interpretation of Class Specifications. Specifications will be
interpreted in their entirety and in relation to others in the
classification plan. Particular phrases or examples will not be
isolated and treated as full definitions of a class.
Specifications shall be deemed only as descriptive and
explanatory of the kind of work required in positions in the
several classes, but not necessarily inclusive of all duties to
be performed.
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VII
THE PAY PLaiN
Preparation.
(a)
By City Manaqer. The City Manager shall be responsible for
developing a uniform and equitable pay plan which shall
include minimum and maximum rates of pay for each class of
positions.
(b)
Factors Determininq Salaries. Salary ranges shall be linked
directly to the position classification plan and shall be
determined with regard to ranges of pay for other classes,
requisite qualifications, prevailing rates of pay for
comparable work in other public and private employment in the
area, cost of living factors, suggestions of department
heads, the financial policy of the City, and other economic
considerations, including union negotiations.
Adoption. The proposed pay plan, as recommended by the City
Manager, shall be submitted to the City Council for adoption.
After adoption of the pay plan no position shall be assigned a
salary higher than the maximum or lower than the minimum salary
provided for the class of position, unless the salary schedule for
the class is amended.
Initial Effect. Upon adoption of the pay plan, the current salary
rates of all City employees within the classified service shall be
made to conform to the nearest rate in the pay plan for their
class, except that no employee shall be required to take a pay cut
when the new plan is installed.
Amendments. The City Manager may recommend to the City Council
amendment of the salary plan when, in the judgment of the Manager,
the rate of pay for any class is too high, or too low, because of
changes in responsibilities or work of classes, living costs,
recruiting experience, prevailing rates of pay, the City's
financial condition and policies, or other pertinent conditions.
All amendments to the pay plan shall be made by resolution of the
City Council.
5. Administration.
(a)
Appointment Rate. The minimum rate of pay for a class shall
normally be paid upon appointment to the class. Appointment
rates above the minimum rate may be paid, at the discretion
of the City Manager, in recognition of exceptional
qualifications of an applicant, or for lack of available
applicants at the minimum rate. If a former employee is re-
employed in a class in which the employee was previously
13
(b)
(c)
(d)
employed, the City Manager may make an appointment at the
same rate of pay which the employee had been receiving at the
termination of service.
Pay Increases. Salary adjustments within an established
range shall not be automatic except that upon satisfactory
completion of the probationary period for initial
appointments, a minimum increase of three percent (3%) of
salary or ten (10) cents per hour, whichever is greater,
shall be given. Additional within range increases shall be
made by the City Manager on the basis of merit, except that
in no case shall an individual employee be given more than
two (2) merit increases or more than a total fifteen percent
(15%) increase in any one (1) calendar year without Council
approval.
Pay for Part-time Work. Whenever an employee in the
classified service works for a period less than the regularly
established number of hours a day, days a week, or weeks a
month, the amount paid shall be proportionate to the time
actually employed.
Effect of Promotion and Demotion. Employees who are promoted
to a higher position having a higher minimum rate than the
rate paid the employee shall enter the new position at that
minimum rate. Employees who are demoted may receive a
reduction in salary at the discretion of the City Manager,
the extent of the reduction to depend upon the reason for the
demotion.
(e) Overtime Payment.
Non-Supervisory Permanent Employee~. Authorized
overtime work by non-supervisory employees normally
shall be compensated for by allowing the employee
equivalent time off, to be taken within ninety (90) days
of the overtime worked when deemed appropriate. The
City Manager may give monetary compensation for
authorized overtime. All authorized overtime shall be
compensated at one and one half times (1 1/2 x) regular
rates.
Supervisory Employees. Supervisory employees will
ordinarily receive no compensation in cash payment for
over-time work. Extended periods of overtime work by
supervisors on a scheduled basis may be compensated for
by allowing the employee Compensatory time off as
approved by the City Manager.
Part-time and Temporary Employment. Part-time and
temporary employees shall receive overtime pay at the
rate of one and one half (1 1/2 x) regular rate for
14
authorized work in exCess of forty-eight (48) hours per
week.
(f)
Gratuities. No fee, reward, gift, tip, or other form of
remuneration shall be accepted by employees from any source
for the performance of their duties.
e
Pay Days and Pay DeductioD~. Salaries shall be paid every other
Thursday. Pay checks will be distributed during the normal work
day in accordance with a schedule established by the City
Manager.
Travel and Other Expense~. The prescribed minimum and maximum
rates of pay do not include allowances for official travel or
other expenses incurred in conducting City business or allowances
made to employees for the use of personally owned automotive
equipment. Employees shall be reimbursed for such expenses as
specified in the Administrative Regulation for travel expense
allowances.
Lonqevity Pay. Longevity pay shall be provided after five (5)
years of service. Longevity pay shall equal one-half (1/2) of one
percent (1%) of $5,000 salary for each full year of service
completed as of January 1 of each new fiscal year, up to a maximum
of twenty (20) years. Longevity pay shall not be paid to
employees at the department head level.
15
VIII
PROBATIONARY PERIOD
Objective. The probationary or working test period shall be
utilized for closely observing the employee's work, for securing
the most effective adjustment of a new employee to their position,
and for rejecting any employee whose performance does not meet
required performance standards.
Duration. Every person appointed to a regular position shall be
required to successfully complete a working test during a
probationary period of six (6) months to enable the City Manager
and supervisor to observe the employee's ability to perform the
various principal duties pertaining to the position. The working
test may be terminated before the end of the six (6) month period
if, in the opinion of the City Manager and supervisor, it is
evident that the probationary employee cannot perform the required
duties.
3. Evaluation of Performance.
(a)
Report by City Manager. At least ten (10) days prior to the
expiration of an employee's probationary period, the City
Manager and department head shall file a performance report
in the employee's personnel records. This report shall
include: their observations of the employee's willingness
and ability to perform job duties satisfactorily, their
comments regarding the employee's work habits and the
dependability, and a statement indicating whether the
employee should continue to be employed in the position.
(b)
Discussion with Employee. The performance report shall be
discussed with the employee and the employee shall be
requested to sign a statement indicating that such discussion
has taken place. If the employee is to continue to be
employed in the position, the employee shall have regular
employment status upon completion of the probationary period.
(c)
Copy to Board. A copy of such report shall be given to each
member of the Board.
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IX
PHYSICAL EXAMINATIONS AND WORKERS' COMPENSATION
1. Physical Examinations.
(a) First Examination Required.
Candidates for employment shall be required to undergo a
physical examination. A candidate must satisfactorily pass
the physical examination before appointment will be made.
(b) Second Examination Optional.
Appointees to the Police, Public Works, and Fire Departments
shall serve a probationary period after which they may be
required to undergo a second physical examination by a
physician designated by the City at City expense. If the
results of the second examination indicate that the employee
is physically not fit for employment, the employee may be
released from the City's employ.
2. Workers' Compensation.
(a) Immediate Report of Injury.
Employees who are injured while on duty for the City must
make an immediate report of such injury to their supervisor.
All injuries, however slight they may appear to be, must be
reported within eight (8) hours.
(b) Treatment by Physician.
If the employee is injured to such an extent that medical
attention is required, the employee shall immediately go to a
physician designated by the City for treatment.
(c) Notification by Department Heads.
Department heads shall be responsible for notifying the
administrative office of all injuries reported by employees
under their supervision and shall make certain that the
proper written reports are made to the insurance company and
to the Safety Committee.
17
X
OUTSIDE EMPLOYMENT, LEGAL RESIDENCE, CONTRACTUAL RESIDENCE,
CONTRACTUAL SERVICE AND POLITICAL ACTIVITY
1. Outside Employment Permitted.
City employees may be permitted to work at outside jobs if, in the
opinion of the City Manager, there is no conflict with working
hours, the employee's efficiency in performing city work, or
conflict with the interests of the City. Upon determination by
the City Manager than no conflict exists, the City Manager, or
Department Head with permission of the Manager, must give written
permission before the employee can accept the outside job.
2. Outside Residence Permitted.
City employees may maintain residence outside the City, but such
residency shall comply with the rules specified below as a
condition of continued employment. The City is deemed to have an
ongoing interest in the availability of emergency personnel for
potentially perilous, hazardous or disruptive situations which may
arise in their respective fields of essential services to the City
of New Hope.
(a)
Emergency personnel of the City are defined as those
employees in the classified service whose duties are of a
nature which could require their presence, on duty, during
other than scheduled hours, to protect the safety, lives,
property or general welfare of the citizenry of the City of
New Hope, or those other communities to whom the City has
similar obligation by contract or otherwise.
(b)
Ail full-time employees in the Police, Fire and Public Works
Departments by the nature of their duties and the potential
need for responding to emergency conditions are designated as
emergency personnel, and must reside within 25 miles of the
City Hall, as measured by use of the nearest traveled and
dedicated public roads, and within 40 minutes driving time
from the City Hall, operating at applicable, legal speed
limits under normal atmospheric and traffic conditions.
(c)
Residence shall mean the location where the person intends to
and actually, physically resides and maintains a principal
dwelling place, except for vacation periods or authorized
leaves of absence. No employee shall have more than one
residence for purposes of this rule.
(d)
Each emergency employee shall provide telephone service at
their residence in order to maximize availability in the
event of an emergency.
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(e)
Ail newly hired personnel shall have six (6) months from the
completion of the probationary period as determined by City
payroll records, to fulfill the residence requirements as
stated above.
(f)
Ail employees shall inform the City Manager of their
residence upon beginning employment, and immediately notify
the City Manager of any changes in residence and telephone
numbers.
Contractual Services Prohibited. No employee may enter into
contract or agreement with an individual or organization for
performance of personal services while on City time, or while
using City equipment, without the approval of the City Manager.
Political Activity. The Board's policy regarding the restriction
of political activities of City employees shall be in conformance
with the Federal Hatch Political Activities Act, as amended, and
Minnesota Statutes 43.28, subd. 1, as amended. Federal and state
statutes include prohibited and permitted employee activities as
follows:
(a) Prohibited Activities. A City employee may not:
(1)
Use official authority or influence for the purpose of
interfering with or affecting the result of an election
or nomination for office.
(2)
During working hours solicit or receive funds for
political purposes.
(3)
At any time use their official authority or influence to
compel any officer or employee in the classified service
to:
apply for membership in or become a member of any
political organization; or
pay, promise to pay or lend any assessment,
subscription, or contribution for political activity.
(4)
Be a candidate for elective office in a public partisan
election.
Any employee who violates these provisions is guilty of a
misdemeanor and, if found guilty, is automatically separated
from employment with the City.
(b) Permitted Activities. A City employee may:
(1) Express opinion on political subjects and candidates.
19
(2)
Take an active part in political management and
political campaigns.
(3)
Hold membership or office in a political party,
organization or club.
(4)
Attend a political convention and participate in the
deliberations of proceedings of the convention or any
of its committees.
(5)
Be a candidate for office or serve as a delegate at a
convention as long as such candidacy does not involve a
public partisan election.
(6)
Engage in volunteer work for a partisan candidate,
campaign, committee, political party or nominating
convention of a political party.
(7)
Sign nominating petitions for candidates in a partisan
election for public office and originate or circulate
such petitions.
(8)
Make a financial contribution to a political party or
organization and solicit and collect voluntary political
contributions.
The City may grant, upon request, an unpaid leave of absence to an
employee who becomes a candidate for or assumes a federal, state or
local government office. If the needs of the municipal service so
require, the vacancy subsequently created by the leave of absence may
be filled and the services of the employee on unpaid leave of absence
may be terminated. A City employee who becomes a candidate for or
assumes a federal, state or local government office and does not elect
to request an unpaid leave of absence shall not conduct the business
of such candidacy or public office during hours when the employee is
scheduled to work.
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XI
ATTENDANCE AND LEAVES
Hours of Work. The hours of work shall be those established by
the City for the efficient conduct of City business. The regular
work day shall be eight (8) hours of work plus a lunch period.
The regular work week shall be forty (40) hours, Monday through
Friday. When a different schedule is required to meet the needs
of the City, employees shall work according to schedules prepared
by the supervising official and approved by the City Manager.
2. Attendance and Punctuality.
(a)
Employees shall be in attendance at their place or work in
accordance with these rules and general or departmental
regulations. Prompt appearance for work at the specified
hour is required of all employees. Each department may set
up such requirements as it sees fit to enforce this rule.
(b)
During severe weather conditions non-emergency personnel
unable to report to work may elect to use floating holiday,
vacation or compensatory time.
Office Hours. The general City office shall be open from 8:00
a.m. to 4:30 p.m. Monday through Friday and will be closed on
Saturdays and Sundays, except when required to be open by the City
Manager or the City Council. The City office will be closed on
legal holidays.
4. Holidays.
(a)
Number of Days. There are eleven (11) days or eighty-eight
(88) hours of holiday time provided within a calendar year.
The following days are designated as holidays:
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
One (1) Floating Holiday
(b)
Procedure for Taking Holidays. Holidays are to be taken as a
paid eight (8) hours off whenever they occur except where
otherwise provided for in labor agreements or when the need
for providing City services necessitates the scheduling of
work on a holiday.
When the department head has scheduled an employee to work on
a holiday, the employee shall be given credit for the holiday
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in one of the following three (3) alternatives, at the
discretion of the department head:
(1) Receiving an additional day off within ninety (90) days.
(2)
Receiving an additional days' pay at the regular base
rate of pay, or
(3)
Receiving an extra day added to accrued annual leave,
except that in no case shall more than three (3) days be
accumulated to be added to annual leave.
There will be no carry over of holidays except where
provided in alternatives (1) and (3).
The floating holiday must be scheduled in advance with the
permission of the employee's immediate supervisor and must be
used by the end of each calendar year, or it will be lost.
An employee who resigns or is discharged before using the
floating holiday will not receive pay for it, unless the
employee has been employed for at least six months of the
calendar year. An employee who is being laid off will
receive eight (8) hours pay for an unused floating holiday.
Whenever a holiday falls on a Saturday, the preceding Friday
shall be taken as a holiday. Whenever a holiday falls on a
Sunday, the following Monday shall be taken as a holiday.
(c)
Part-time and Temporary Employees. Part-time permanent
employees will take holiday time off and will be paid for the
holiday on a pro-rated basis consistent with the number of
hours for which they are regularly scheduled to work.
Temporary full-time employees will take holiday time off and
will be paid for eight (8) hours. Temporary part-time
employees will receive holiday time off but will not be paid
for the holiday.
5. Annual Leave.
(a)
Number of Days Earned. Vacation shall be accrued by each
probationary and regular full-time employees in accordance
with the following schedule:
Years of Service
Days Earned Per Year
0 - 5 years
10 days
6 - 10 year
15 days
11 - 20 years
An additional one (1) day
per year to a maximum of
twenty (20) days.
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21 - 25 years
An additional one (1) day
per year to a maximum of
twenty five (25) days per
year.
Vacation time shall be earned, beginning the date of
employment, for each month, or portion thereof, during which
an employee receives pay.
(b)
Probationary Period. No vacation shall be granted during the
original probationary period, but if a regular appointment is
received, vacation time will be allowed for time served
during probationary status.
(c)
Vacation Units. Vacation shall be charged against employees
is not less than one (1) hour units.
(d)
Separation. Regular full-time employees who are separated
from City service in good standing shall be compensated for
vacation accrued up to the date of separation at their
regular rate of pay, not to exceed payment for 160 hours.
(e)
Vacation Year. The vacation year for each employee shall
begin on the date of the employment with the City. Time on
lay off, suspension, or other leave of absence without pay
shall not be counted in determining the date of completion of
a full months' service.
(f)
Accumulation. Vacation leave should normally be taken within
one (1) year of the time the vacation has been earned.
However, earned vacation may be accumulated without
restriction upon the recommendation of the Department Head
and with the consent of the City Manager, with no more than
160 hours accumulated vacation being carried over to a new
calendar year.
(g)
When Taken. The time at which an employee shall take
vacation shall be determined by the department head with due
consideration of the wishes of the employee and priority
given to the need for continuation of City services.
(h)
Waiving Vacation. Vacation leave is granted to employees
for a period of recreation; an employee shall not be
permitted to waive such leave for the purpose of receiving
double pay.
6. Sick Leave.
(a)
Number of Days Earned. Sick leave with pay shall be credited
to regular full-time employees at the rate of one (1) work
day for each full month of service and shall be accumulated
to a maximum of 960 hours. Probationary employees shall
23
accumulate sick leave from the date of their appointment but
cannot use it during their probationary period.
(b)
Not a Privilege. Sick leave shall not be considered a
privilege which an employee may use at will, but shall be
allowed only in case of necessity and actual sickness or
disability of the employee; or because of illness, birth or
death in the immediate family; or to meet dental
appointments, take physical or eye examinations, or take
other illness prevention measures. Dental appointments and
physical or eye examinations are to be taken at the
convenience of the City.
(c)
Notification of Supervisor. To receive compensation while
absent on sick leave, the employee shall notify the immediate
supervisor prior to use of sick leave, if possible, or within
four (4) hours of the start of the normal work day, or as may
be specified by the department head.
(d)
Physician's Certificate. When absence is for more than three
(3) work days, the employee may be required to file a
physician's certificate.
(e)
Request Form. A request form for sick leave must be filled
out immediately upon the employee's return to work.
(f)
False Pretenses. Claiming sick leave under false pretenses
shall be cause for disciplinary action, including transfer,
suspension, demotion or discharge.
(g)
Injury in Line of Duty Not Counted. Time lost from work
because of injury received while on duty will not be charged
against sick leave, unless at the option of the employee as
outlined below in the option to use sick leave and vacation
credits.
(h)
Severance Payment. Unused sick leave will be cancelled upon
the date of termination of City employment, employee shall
be paid, as severance pay, one-third (1/3) of their
accumulated unused sick leave at a straight time rate not to
exceed payment for more than forty (40) days at termination
of employment.
Leave for Injury or Sickness Incurred in Line of Duty.
(a)
Benefit Provided. An employee who is injured while on duty,
or who incurs an illness arising out of, and in the course of
employment, and who is entitled under state law to Worker's
Compensation, will continue to receive that portion of their
regular salary, which will, together with any payments
received from Workers' Compensation insurance, equal their
normal net salary for the same period for a maximum of three
24
(3) consecutive months.
(b)
(c)
Option to Use Sick Leave and Vacation Credits. If, because
of this injury, an employee is unable to return to work at
the expiration of the three (3) month period, the employee
may, at their option, use all accumulated sick leave and
vacation credits before being removed from the payroll and
before being transferred for disability benefits available
under the pension or retirement plan which has jurisdiction.
Disability Payments. If, because of this injury, an employee
is unable to return to work at the expiration of both the
three (3) months' period and the accumulated sick leave and
vacation credits, the employee will receive compensation in
accordance with the provisions of the Workers' Compensation
Act and disability payments as are provided under the pension
or retirement plan which has jurisdiction.
8. Other Leaves of Absence with Pay.
(a)
Jury, Court, Public Duty. Employees shall be granted leaves
of absence for required jury duty or for other required
appearances before a court or other public body. Such
employe shall receive that portion of their regular salary
which will, together with the jury duty pay, or fees, equal
their gross salary for the same period.
(b)
Official Meetings. Leave with pay may be authorized in order
that regular employees may attend meetings, if such meeting
attendance is approved by the department head and/or City
Manager.
(c)
Official Training. Leave with pay may also be granted for
the purpose of allowing a regular employee to engage in
official training courses or to participate in other official
activities or training required by the City.
9. Leave of Absence Without Pay.
(a)
(b)
Period Approved. The City Manager may grant a regular
employee leave of absence without pay for a period not to
exceed one (1) year. Such leave shall be granted only when
it is deemed to be in the best interest of the City.
Written Request. No leave without pay shall be granted
except upon written request of the employee. The request
must be approved by both the department head and the City
Manager.
(c)
Reinstatement. Upon expiration of an approved leave without
pay, the employee shall be reinstated in the position held
at the time leave was granted.
25
(d)
Failure to Report to Duty. Failure of an employee on unpaid
leave to report to duty immediately after the expiration of
the leave shall be cause for discharge.
(e)
When Granted. Leave without pay shall be granted only when
it will not result in undue prejudice to the interest of the
City as an employer.
10. Military Leave of Absence.
(a)
With Pay. Ail municipal employees shall be entitled to leave
of absence with pay for service in any component of State
militia, or with a military reserve unit, for a period not to
exceed a total of fifteen (15) days in any calendar year as
provided for under Minnesota Statutes 192.26. During such
leave the employee shall accrue sick and annual leave and
other benefits as though actually employed, except as
otherwise provided by state or national law.
(b)
Without Pay. Municipal employees called to active military
service in time of war or other emergency declared by proper
authority shall be entitled to leave of absence without pay
during such service with the right of reinstatement as
provided for under Minnesota Statutes 192.26 to 192.264.
11. Accrual of Benefits Durinq Leave. Employees on paid leave or
suspension with pay shall accrue all benefits. Employees on
unpaid leave of absence or suspension without pay shall not accrue
benefits.
12. Absence Without Leave.
(a)
Definition. Absence of an employee from duty, including any
absence for a single day, or part of a day, that is not
authorized by as specific grant of leave of absence under the
provisions of these rules shall be deemed to be on absence
without leave.
(b)
Without Pay and Subject to Discipline. Any such absence
shall be without pay and may be cause for disciplinary
action.
(c)
Reconciliation. Such action may be reconciled by a
subsequent grant of leave at the discretion of the City
Manager if the conditions warrant.
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e
XII
DISCIPLINARY ACTION, LAYOFF AND RESIGNATION
Disciplinary Action. Disciplinary action will be for just cause
and will be in one or more of the following forms:
(a) Oral reprimand,
(b) Written reprimand,
(c) Withholding of a pay increment,
(d) Suspension without pay,
(e) Demotion, or
(f) Discharge.
Written reprimands, withholding of a pay increment, suspension,
demotion and discharge will be in writing and will set forth the
reasons for such action. The written notices will become part of
an employee's personnel file and will be read and acknowledged by
signature of the employee.
Oral and Written Reprimands. The employee's immediate supervisor
has the authority to issue oral and written reprimands for cause.
Withholdinq of a Pay Increment. Withholding of a pay increment
for cause maybe recommended by the employee's immediate supervisor
and department head to the City Manager. The City Manager has the
authority to withhold a pay increment for cause.
Suspension Without Pay. Suspension without pay may be authorized
by the City Manager for cause. The employee's immediate
supervisor and department head may recommend such action.
(a)
For Thirty (30) Calendar Days or Less. The City Manager may
suspend the employee without pay for thirty (30) calendar
days or less and shall provide the Board with a copy of the
written notice of suspension issued to the employee.
Suspensions of thirty (30) calendar days or less may not be
appealed to the Board for a hearing.
(b)
For More Than Thirty (30) Calendar Days. A suspension
without pay for more than thirty (30) calendar days may be
appealed by the employee to the Board in accordance with the
provisions of Chapter XV. The employee shall be given
advance written notice of the suspension. A copy of this
notice shall be provided to the Board.
Demotion. An employee may be demoted by the City Manager by
reassignment to a job in a lower class or by reduction of the
salary of the current job classification on a temporary or
permanent basis. Cause for demotion includes, but is not limited
to: failure to meet performance standards or a significant
decrease in the level of performance, infraction of rules or
27
misconduct, changes in health or qualifications of the employee to
perform the job, or a change in the nature and responsibilities of
the employee's job classification. The City Manager will consider
recommendations regarding demotions from the employee's immediate
supervisor and department head.
(a)
Right of Appeal. The employee may appeal demotion to the
Board in accordance with the provisions of Chapter XV.
(b)
Demotion by Reassignment to a Job in a Lower Class. Demotion
by reassignment to a job in a lower class shall not take
place unless the employee has the job-relevant qualifications
for employment in a lower class and such demotion would not
require the lay off of an employee in the lower class.
(c)
Demotion in Lieu of Layoff. The City Manager, with the
consent of the affected employee, may demote an employee in
lieu of layoff. Upon request, the employee's name shall be
placed on the re-employment list for the class from which the
employee was demoted.
Discharge. Discharge is involuntary separation from employment
for cause. The employee's immediate supervisor and department
head may recommend discharge. The City Manager has the authority
to discharge an employee. Written notice of the discharge will
include the reasons for such action. A copy of the notice will be
provided to the Board.
(a)
Cause for Discharge. Cause for discharge includes, but is
not limited to, evidence of the following:
(1) Inability to meet required standards of job performance;
(2) Conviction of a felony;
(3)
Violation of any lawful or official rule, regulation or
order;
(4)
Failure to obey a lawful order given by the employee's
supervisor or other insubordinate acts;
(5) Intoxication on duty;
(6) Abuse of sick leave.
(7)
Offensive conduct or language toward the public, City
officials, or employees;
(8)
Unauthorized participation in outside employment or
other financial agreements that adversely affect job
performance;
28
(9) Abuse of public trust:
(10)
Carelessness and/or negligence in the handling or
control of City equipment and property'
(11)
Attempts to induce an official or employee of the City
to commit an unlawful act or to act in violation of any
lawful and reasonable official regulation or order;
(12)
Acceptance of a fee, reward, gift, tip, or other form of
remuneration from any source for the performance of job
duties;
(13)
Incompatibility with fellow employees or supervisors;
and
(14) Dishonesty in the performance of job duties.
(15) Sexual harassment of any member of the public or any
other City official or employee as governed by Chapter
XVI.
(b)
Right of Appeal. Discharge may be appealed to the Board in
accordance with the provisions of Chapter XV.
(c)
Disqualification from Future Employment. Any discharged
employee shall be disqualified from future employment by the
City unless the Board, after investigation, shall determine
that the cause for discharge has been adequately remedied by
the former employee and that the former employee is
qualified for re-employment consideration through the normal
procedures established in Chapter V.
(d)
Discharge of Veterans. Discharge of veterans, including
discharge during the probationary period, shall be in
accordance with M.S. 197-455 through 197.481, as amended.
Layoff.
(a)
Authority. The City Manager may lay off an employee as
deemed necessary because of shortage of work or funds, the
abolition of the position, changes in the job duties or
organizational structure, or for other related reasons.
(b)
Not Disciplinary Action.
be considered a layoff.
Suspension or discharge shall not
(c)
Order of Layoff. Employees serving in the class of position
to be reduced shall be laid off based on consideration of
performance or job duties, abilities and length of service.
8. Resignation.
29
(b)
(c)
Required Advance Resignation Notice. To resign in good
standing an employee must give the City Manager at least
fourteen (14) calendar days advance written notice unless the
City Manager, because of extenuating circumstances, agrees to
permit a shorter period of notice. The resignation notice
shall include a statement of the reason(s) for leaving.
Failure to Comply. Failure to comply with the requirement
for advance written resignation notice shall be entered in
the employee's personnel file and may because for denying
future employment with the City.
Report to city Manager. The resignation of any employee who
fails to give advance written notice shall be reported
immediately to the city Manager by the department head.
30
XIII
RETIREMENT
Retirement is now governed by Federal and State Law. The City
will attempt to keep all employees informed of current law
regarding the subject. Employees should check with the City
Manager's office when they have questions as to the current law.
Changes in the law will be distributed when received by the City.
31
XIV
GENERAL PROVISIONS AND PROHIBITIONS
General Prohibitions.
(a)
No Political Endorsement. In no event shall any political
endorsement be considered in connection with the appointment
to a position in the City service.
(b)
No Abuse of official Authority. No person shall use or
promise to use, directly or indirectly, any official
authority or influence to secure or attempt to secure an
appointment or advantage in appointment to a position in the
City Service, or an increase in pay, promotion, or other
advantage in employment in any such position, for the
purpose of influencing the vote or political action for any
purpose, or for any other consideration.
Compliance. Ail officers and employees of the City shall comply
with and aid in all proper ways in carrying out the provisions of
these personnel rules and special departmental regulations.
Employment of Relatives. It is the general policy of the City to
avoid employing the relatives or spouse of an employee in the same
department. This policy does not preclude their employment in
other departments.
Chanqe of Address. Employees also are required to notify their
department head and clerk promptly of any change of address or
telephone number so that the employee may be contacted at all
times by either mail or telephone.
Employee Training. In order that employees may perform their
work more efficiently and will be able to qualify for positions of
increasing difficulty and responsibility, the City Manager shall
promote a system of employee training. The City Manager may
encourage employees to take courses in night schools, suggest
programs of supervisory and foremanship training to department
heads, provide for necessary facilities to educate and keep
employees informed on activities and functions of the various
departments, promote employee training programs, encourage
employees regarding possibilities of advancement in the City
service, and suggest additional training.
32
XV
PROCEDURE FOR SUGGESTIONS, COMPLAINTS AND APPEALS
Suggestions. The Board, the City Council and the City Manager
welcome suggestions from any employee or City resident for
improving municipal personnel services. These suggestions may be
presented to the City Manager by letter, memorandum or in person.
Suggestions which appear desirable and feasible will be reviewed
by the Board and, if compatible with City service, they will be
incorporated into the personnel rules and regulations.
2. Complaints.
(a)
Jurisdiction. This procedure applies to an employee
complaint relevant to any aspect of the terms and conditions
of their employment with the City, but excludes appeals of
the following: a suspension of more than thirty (30)
calendar days, demotions or disCharge. Appeals of such
action shall be made directly to the Board in accordance with
Section 3 of this Chapter.
(b)
Complaint Procedure. An employee who has a complaint arising
out of any aspect of the terms and conditions of their
employment may discuss the complaint with their immediate
supervisor within fifteen (15) calendar days of the event(s)
and situation(s) giving rise to the complaint.
If the complaint is unresolved, the employee may, within ten
(10) calendar days of the response from the immediate
supervisor discuss the complaint with the department head.
If the complaint is unresolved after discussion with the
department head, the employee may submit the complaint in
writing to the City Manager within ten (10) calendar days of
the response from the department head. The written complaint
shall be dated and shall explain the nature of the complaint
and responses received from the immediate supervisor and
department head. The City Manager shall investigate the
complaint and render a written decision, a copy of which
shall be submitted to the immediate supervisor and department
head.
If the complaint remains unresolved, the employee may forward
the written complaint to the Board and include a copy of the
city Manager's written decision. The Board shall
investigate the complaint and may, at its discretion, conduct
a hearing in accordance with Section 4 of this Chapter if
considered necessary for proper resolution of the complaint.
(c)
Board Decision Final. The decision of the Board shall be
given to the employee in writing and shall be final. Copies
33
of the decision shall also be provided to the immediate
supervisor, the department head and the City Manager.
(d)
Other Investigation. The Board shall receive and consider
any complaints regarding the administration of these rules.
On the basis of such complaints, or on its own initiative,
the Board shall make such investigation and hold such
hearings as it deems desirable concerning all matters
touching the enforcement and effect of the provision of the
merit system ordinance and these rules. On the basis of its
investigations and hearings, the Board shall take such
remedial action as it deems warranted.
3. Direct Appeal to the Board.
(a)
Jurisdiction. Direct appeal to the Board maybe made by an
employee who wishes to appeal a suspension of more than
thirty (30) calendar days, demotion, or discharge.
(b)
Appeal Procedure. The employee may, within fifteen (15)
calendar days of the date of receipt of the notice of
suspension, demotion or discharge, file a written request
with the Board for a hearing, with a copy to the city
Manager. When a timely appeal has been filed, the City
Manager shall file with the Secretary of the Board the
charges to show cause for the aCtion taken. The employee
shall receive ten (10) days advance written notice of the
date, time and place of the hearing. The Board shall hold
the hearing to determine whether the action taken is to be
upheld, modified or overturned.
Action taken by the City Manager to suspend without pay for
more than thirty (30) calendar days, demote or discharge
shall be final in the absence of the filing of a timely
appeal to the Board.
4. Hearings.
(a)
Conduct of Hearings. The Board, in considering an appeal,
shall conduct the hearing in such a manner most conducive to
quick and satisfactory solution of the complaint involved.
(b)
Board Decision Final. The decision of the Board shall be in
writing and shall be final.
(c)
Conduct of Hearing. Every hearing held by the Board shall be
open to the public. The Board shall have the powers provided
in Subd. 2, Section 8 of "An Ordinance Providing for Civil
Service Personnel System in the City of New Hope" in
conducting the hearing.
(d) Action After Hearing. If, after the hearing, the Board finds
34
that the action taken is sustained, the action taken shall be
upheld unless an appeal is made to the courts as provided by
law. If the Board finds that the action taken is not
sustained, appropriate remedial action shall be ordered: a
suspended employee shall be immediately reinstated and shall
be paid all back pay for and accrue all benefits during the
period of suspension; a demoted or discharged employee shall
be continued in their position.
(e)
Filinq and Notice. Findings hereunder and orders sustaining
actions or compelling reinstatements shall be in writing and
shall be filed among the records of the Board within three
(3) calendar days after the completion of the hearing. The
Board shall give written notice of the decision to the
concerned employee and to the city Manager.
35
XVI
SEXUAL HARASSMENT POLICY
It is the City's policy that the work force environment will be
free of sexual harassment and that all individuals will be treated
with respect at all times.
Sexual harassment by city officials and employees toward any
member of the public or any other City official or employee is
prohibited.
This policy will apply to all officials and employees of the City
of New Hope.
Sexual harassment is defined as behavior such as, but not limited
to, unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact, and other verbal or physical
conduct or communication of a sexual nature when:
Submission to or conduct or communication is made either
implicitly or explicitly a term or condition of an
individual's employment.
Submission to or rejection of such conduct or
communication is used as a basis for an employment
decision affecting that individual's employment.
Such conduct or communication has a purpose or effect or
substantially interfering in an individual's employment
or creating an intimidating, hostile, or offensive
employment environment.
5. Other behavior, whether subtle, overt or otherwise, which
constitutes sexual harassment includes, but is not limited to:
Verbal harassment (epithets, derogatory remarks, or
slurs);
Physical harassment (gestures, assault, impeding or
blocking movement; or any physical interference with
normal work or movement);
Visual forms of harassment (derogatory posters, letters,
poems, graffiti, cartoons, or drawings); and
d. Requests for sexual favors or unwanted sexual advances.
It is the responsibility of any employee who feels he or she is
being subjected to sexual harassment in any form, or who believes
he or she has witnessed sexual harassment in any form, to contact
his or her supervisor, the city Manager, or Director of
36
Administrative Services immediately with out fear of any
retaliatory action by any employee of the city. All supervisors
are required to report immediately any allegations to the
appropriate city personnel.
Any complaints which are made will be investigated confidentially
and in a timely fashion. All officials and employees shall
cooperate in any investigation of such a complaint. If the facts
support the allegations, the perpetrator of the sexual harassment
will be subject to disciplinary action up to and including
termination. Any official or employee found to have made a false
complaint of sexual harassment or found to have knowingly given
false information during an investigation of such a complaint may
also be subject to disciplinary action. ,,Discipline", as used in
this paragraph, shall mean any of the courses of action described
in Personnel "Rules and Regulations Policy and Procedures"
handbook including dismissal.
37