city of virginia personnel policies policies 2-22-00 (as of 05-2020).pdfsection 2.0 use of policy...

City of Virginia

PERSONNEL POLICIES Last Update – June 2, 2020

CITY OF VIRGINIA PERSONNEL POLICIES 1 of 50

Last Revision – June 2020

TABLE OF CONTENTS

I. INTRODUCTION 3

SECTION 1.0 DISCLAIMER 3 SECTION 2.0 USE OF POLICY MANUAL 3

II. PROCEDURES 5

SECTION 1.0 NEW EMPLOYEE ORIENTATION 5 SECTION 2.0 POLICY 6

SECTION 3.0 EMPLOYEES’ RIGHT TO KNOW 6 SECTION 4.0 EXIT INTERVIEWS 8

SECTION 5.0 EMPLOYEE STATUS CHANGES 8 SECTION 6.0 PROBATIONARY PERIOD 9 SECTION 7.0 RECORD OF HOURS WORKED 9

SECTION 8.0 TRAVEL EXPENSES 9 SECTION 9.0 ADVERSE WEATHER 10

SECTION 10.0 UNION BUSINESS DURING WORKING HOURS 10 SECTION 11.0 REFERENCES 10

III. GENERAL STANDARD OF CONDUCT 12

SECTION 1.0 GENERAL STANDARD OF CONDUCT 12

SECTION 2.0 WORK RULES 12 SECTION 3.0 CITIZEN COMPLAINTS 13 SECTION 4.0 CITY PROPERTY USE 13

SECTION 5.0 CONFIDENTIALITY 13 SECTION 6.0 DRESS STANDARDS 14 SECTION 7.0 DRUG/ALCOHOL USE 14

SECTION 8.0 GRATUITIES 15 SECTION 9.0 HONORARIA 15

SECTION 10.0 JOB-RELATED MEDIA INQUIRIES 15 SECTION 11.0 ON-THE-JOB POLITICS 16 SECTION 12.0 PERSONAL BUSINESS 16 SECTION 13.0 SEAT BELT USE 17 SECTION 14.0 SMOKING 17

SECTION 15.0 EXPENSES FOR SPOUSES 17 SECTION 16.0 TWO-WAY RADIO ETIQUETTE 17 SECTION 17.0 LUNCH, BREAKS AND QUITTING TIME 18 SECTION 18.0 PROGRESSIVE REPRIMAND 18 SECTION 19.0 TRUTH IN TERMINATIONS 21



IV. BENEFITS 22

SECTION 1.0 HEALTH, DENTAL AND LIFE INSURANCE 22 SECTION 2.0 JURY SERVICE 23 SECTION 3.0 VACATIONS 24 SECTION 4.0 SHIFT DIFFERENTIAL 25

SECTION 5.0 LONGEVITY 25 SECTION 6.0 RETIREMENT 26 SECTION 7.0 FUNERAL LEAVE 26 SECTION 8.0 HOLIDAYS 26 SECTION 9.0 SICK LEAVE 27

SECTION 10.0 SHORT TERM/LONG TERM DISABILITY 28 SECTION 11.0 EMPLOYEE ASSISTANCE PROGRAM 28

SECTION 12.0 TUITION REIMBURSEMENT 28 SECTION 13.0 MATERNITY/PARENTING LEAVE 31

V. POLICIES 32

SECTION 1.0 AFFIRMATIVE ACTION 32 SECTION 2.0 NONDISCRIMINATION 32

SECTION 3.0 RESPECTFUL WORKPLACE POLICY (INCLUDING SEXUAL

HARASSMENT PREVENTION) 34

SECTION 4.0 FAIR LABOR STANDARDS ACT (FLSA) 40

SECTION 5.0 FAMILY AND MEDICAL LEAVE ACT 41 SECTION 6.0 MATERNITY/PARENTING LEAVE 46

SECTION 7.0 CONFLICT OF INTEREST POLICY 46



I. INTRODUCTION

SECTION 1.0 DISCLAIMER

The City reserves the right to modify or change any of the provisions of this manual at any time without notice to employees. This manual is intended as a general reference guideline for its employees, however, the City may at times depart from the guidelines set forth herein, when it deems such departure to be warranted by the circumstances. Nothing contained in this manual is or shall be construed to be a part of any agreement or contract between the City and its employees.

SECTION 2.0 USE OF POLICY MANUAL

This manual contains the policies and standardized procedures for the City of Virginia. It is the responsibility of Supervisors to ensure that all employees are familiar with the contents of this manual. Supervisors are also responsible for keeping their manual updated. This manual is a means of communicating to interested parties a description of the policies and practices of the City. It is not meant to be an instrument that limits the exercise of good management or that inhibits the development of new or different procedures. Likewise, because of the size and diversity of our organization, this manual cannot address every practice and procedure used in accomplishing the City’s business. Managers and employees are urged to constantly seek the best policies and practices for the job. If a particular action is not in conformance with the manual, it may indicate that a policy or practice has changed. We expect change to occur. However, we would like to keep this manual current. Therefore, if a department or division finds a policy or procedure unclear or outdated or would like to suggest a new policy or procedure, contact the City Department Director with a written summary of the new or revised policy or procedure. All manual sections will be updated as needed. The City Department Director will issue Manual Holders, lists of revisions, deletions and additions.



The use of the masculine gender in this manual is only for convenience in drafting. Anywhere the masculine gender appears, it is understood to apply equally to the feminine gender. These policies and practices should not be construed as constituting the terms of an employment contract. The City reserves the right to unilaterally modify or revoke these policies and practices when necessary. Employees are also employed at the will of the City and may be terminated for any reason or no reason. These policies are only restricted by the terms and provisions of the City employees’ collective bargaining agreements.



II. PROCEDURES

SECTION 1.0 NEW EMPLOYEE ORIENTATION

PURPOSE: To ensure that each new employee completes the appropriate paperwork and is oriented to City employment. RESPONSIBILITY: Hiring Department:

1. Instruct all new employees to report to their immediate supervisor prior to actually starting work.

2. Advise the hiree that he/she must furnish the City Department Director

proof of eligibility for hire within 24 hours of commencement of employment in accordance with the Federal Immigration Act.

3. All new hires will be required to pass a physical examination as a

condition of employment. City Department Director’s Clerical Staff:

1. For each new employee the following forms must be completed: Regular employees -Immigration (I-9), W-4, EEO, PERA, and health history; Intermittent employees - Immigration (I-9), W-4, EEO and health history.

2. Schedule regular and provisional hires for Orientation.

3. Assure that each regular employee has had a pre-placement physical.

Employee Benefits:

1. Conduct Orientation session.

A. Welcome to the City of Virginia, organizational structure of the

City and objective of the Orientation program.

B. Benefits explanation and enrollment - health, dental and life insurance. Advise to notify the City Clerk within thirty (30) days of change in marital or family status to ensure accurate coverage.



C. Safety/Workers’ Compensation - Explain procedures to follow in case of illness or injury on the job. Distribute Safety Manual.

D. Payday/Payroll Periods - Explain.

E. Labor Contract - Distribute and overview applicable labor

contract.

F. Union Participation - Explain “Fair Share” versus membership.

G. Question and answer period.

2. Instruct new employees to report to their supervisor.

SECTION 2.0 POLICY

The City of Virginia is dedicated to providing adequate economic and personal security for each employee. Benefits have been negotiated with the Unions and designed to meet this goal in a fair and uniform manner, consistent with other City objectives. If there are statements or benefits contained within this policy manual which conflict with a labor agreement, the labor agreement will control for employees who are covered by that labor agreement. If there are any questions regarding the interpretation of benefits allowed or the eligibility for benefits, your immediate supervisor will explain the policy and your eligibility for benefits.

SECTION 3.0 EMPLOYEES’ RIGHT TO KNOW

PURPOSE: To comply with the State’s Right-to-Know law and OSHA requirements.

APPLICABLE LEGISLATION: The Minnesota Right-to-Know Act of 1983 (revised 1984 and 1985). PROCEDURE: To comply with the Minnesota Right-to-Know Act, the following procedures are to be followed:

1. Supervisors will perform an inventory of all hazardous substances or

harmful physical agents within their respective areas. This inventory



should be reviewed annually and all newly-introduced substances or agents should be added.

2. All employees who come in contact with or use the hazardous substances

or harmful physical agents or may be exposed to infectious agents, must be trained by the supervisor in the proper use of the substance or agents. The training process is described below and must contain:

a. Identification of the substance or agents. b. Hazardous ingredients. c. Physical and chemical characteristics (fire and explosion data). d. Physical hazards. e. Health hazards. f. Special protection information. g. Special precautions and spill/leak procedures.

This information is available from the Material Safety Data Sheets (MSDS). The Material Safety Data Sheets (MSDS) are available from the product supplier.

3. Information (MSDS) about the hazardous substance, harmful physical

agents and infectious agents, must be readily accessible to employees in the area or areas in which exposure is likely to occur. This information must be current, accurate and complete and it must cover each substance or agent to which workers may be exposed. The information system should be coordinated with the labeling system for the hazardous substance. This information should be displayed in a three-ring binder at the work site or storage area.

4. When purchasing new products, Material Safety Data Sheets (MSDS)

must be provided by the vendor upon request. Individuals purchasing supplies must request Material Safety Data Sheets (MSDS) from vendors.

5. Employee training will be provided by supervisors in the departments

and/or divisions on an annual basis in accordance with the Act. This will include the initial training of new employees (pre-assignment) and the training of all current employees on an annual basis. Pre-



assignment training must be provided prior to the time of exposure to a hazardous substance, harmful physical agent or infectious agent.

6. Each department will keep a record of employee training. Employees

will sign a statement verifying that the employee received training.

SECTION 4.0 EXIT INTERVIEWS

Regular and provisional employees who are leaving City employment are required to follow certain procedures to ensure that the exit process is conducted smoothly. As part of this process, a three-part interview is conducted which addresses financial and insurance matters. The interviewer also requests personal impressions of City employment which may be used to improve the quality of the work environment.

SECTION 5.0 EMPLOYEE STATUS CHANGES

PURPOSE: To inform employees of their responsibilities when their status changes and define how proper payroll documents are prepared. PROCEDURE: When an employee’s status changes, the employee is to report these changed to the City Clerk. Types of changes to report: Hiring new employee Employee termination Name change Social Security status or number Address change Payroll class Salary Scheduled hours Status code Fund, agency or organization number from which employee is paid Tax information Marital status Number of dependents employee claims Exemption from tax withholding Starting or ending date



RESPONSIBILITY: Employee’s Responsibility: 1. To inform his/her Payroll Clerk of change.

SECTION 6.0 PROBATIONARY PERIOD

All new and re-hired employees shall serve a probationary period of sixty-seven (67) working days; except administrative employees, who shall serve such probationary period as the City Council deems necessary. During this probationary period, employees are evaluated extensively and may be terminated for any reason. Upon completion of the probationary period and with recommendation of the employee’s supervisor, the employee will become a regular employee of the City and shall receive seniority credit from his/her date of hire. In referring to specific probationary period requirements please refer to the specific Union Contract.

SECTION 7.0 RECORD OF HOURS WORKED

Department heads shall be responsible for the maintenance of an accurate recording of all hours worked by each employee. This record shall include a brief summary of the reasons for any overtime hours worked and the number of hours of overtime actually worked by the employee. This record must also show incidences of absenteeism and/or tardiness and the reasons therefor. Administrative employees leaving their offices during the day shall record where they are going and when they will return.

SECTION 8.0 TRAVEL EXPENSES

In accordance with instructions from the City Council, rules and regulations have been established with respect to travel and other reimbursable expenses of City officers and employees incurred while on City business. All travel expenses must be approved by the City Council. In case of an emergency, the Mayor may approve the expense.



SECTION 9.0 ADVERSE WEATHER

A. Building Closure In the event of adverse weather, the Mayor, at his/her discretion, may close to the public any or all City-owned buildings. This will be announced by the news media one hour in advance of any closings. In the event that the library needs to be closed this decision shall be made by the Library Director. If the Library Director is not available the Mayor may make this decision.

B. Disaster Plan See Appendix “A” attached hereto.

SECTION 10.0 UNION BUSINESS DURING WORKING HOURS

Employee union representatives who, pursuant to State law, request time off to conduct union business, shall notify their supervisors of the time period they expect to be engaged in such business. Upon completion of such business, employees and their supervisors shall complete a Union Leave Form provided by the Payroll Office. Time records shall be kept to the nearest 1/4 hour. Time off taken by such employees for the purpose of meeting with employer representatives to resolve employee grievances shall be without pay.

SECTION 11.0 REFERENCES

The City will provide a uniform employee reference system for former and terminating employees in order to eliminate any possible legal exposure to the City.

3. During the exit interviews, City representatives will provide an explanation of our policy to each departing employee.

4. General reference requests concerning employees which are

addressed to a department should be forwarded to the City Attorney for a response.

5. Responses to requests for personal references shall be provided on

City letterhead only by the department head and must follow these guidelines:



a. The response must be addressed to the former employee, not “To whom it may concern” or a third party.

b. Comments must be restricted to documentable facts:

“excellent attendance, exceptional performance on five successive performance reviews,” etc.

6. If someone desires to respond to request for personal references in a

manner other than that noted above, such responses must be issued on personal stationery. It should be understood that in making such a response, the person is not acting within the scope of his employment with the City and will not be provided with defense or indemnification by the City if a lawsuit is brought regarding such response.



III. GENERAL STANDARD OF CONDUCT

SECTION 1.0 GENERAL STANDARD OF CONDUCT

The job performance and personal conduct of each employee reflects directly and indirectly upon the reputation of the City. Therefore, it is important that each employee adheres to established policies and behaves in an ethical manner at all times. In addition to exercising sound judgment and conscientiously performing their duties, employees are expected to follow the guidelines set forth in this section in order to maintain the standards of the City.

SECTION 2.0 WORK RULES

It is the City’s policy to provide a pleasant working environment for all employees. This is best achieved by developing and maintaining cooperative working relationships among employees based upon mutual respect and understanding. It has been determined that there has been need for specific work rules and several have been developed over time. These rules are not all inclusive and are subject to change from time to time by additions or deletions. In the event any work rule is in conflict with a collective bargaining agreement, such agreement shall be controlling for employees covered by that collective bargaining agreement.

1. Doctor and dental appointments shall be made after working hours when it is possible.

2. Coffee breaks shall be taken at the nearest coffee shop to the work site and

every effort shall be made not to have a number of employees at the same coffee shop.

3. Lunch break shall be started and ended at the time specified by the

employee’s supervisor.

4. The City expects employees to cooperate in the performance of duties. Such cooperation is necessary for the effective performance of your assigned duties and failure to cooperate with fellow employees shall be dealt with under the progressive reprimand procedures contained within this policy.

5. All problems and misunderstandings between employees shall be brought to

the attention of the employee’s immediate supervisor.

6. Employees may not schedule haircuts during working hours.



7. All employees who have been loaned to other City departments shall be required to follow the work rules of the department to which they have been loaned.

SECTION 3.0 CITIZEN COMPLAINTS

City government exists to provide services to the citizens of Virginia. At times citizens may express their opinions about these services. Employees should regard citizens’ opinions, whether positive or negative, as an opportunity to improve service and enhance the image of the City and should react to such opinions in a positive manner. The citizens’ right to voice their concerns without fear of reprisal shall be protected. Citizens whose complaints involve possible discrimination or sexual harassment by City employees are encouraged to follow the City’s Discrimination Complaint procedure. All citizen complaints shall be referred to the supervisors.

SECTION 4.0 CITY PROPERTY USE

Every employee is expected to exercise care in the use of City property and to use City property only for authorized purposes. Negligence in the use and care of City property or violation of the rules listed below may result in disciplinary action. 1. No City materials, equipment or tools may be removed from City

properties at any time for personal use or gain except with the approval of the Public Works or Parks Supervisor.

2. No salvage material belonging to the City may be removed, collected or

sold for personal gain, whether using City time or equipment or using personal time or equipment.

SECTION 5.0 CONFIDENTIALITY

Each employee has a responsibility to safeguard confidential or sensitive information which has been obtained in connection with his or her employment.



Access to confidential or sensitive information should be on a need-to-know basis. Access to confidential information does not imply authority to act as a spokesperson for the City, department or division concerning the information. Dissemination of all personnel information must be referred to the City Attorney’s Office. It is the City’s policy to comply with State and Federal laws governing collection and dissemination of data.

SECTION 6.0 DRESS STANDARDS

While it is not the City’s intention to dictate the personal wardrobe of employees, employees should keep in mind that appropriate appearance and dress are important in creating an image supportive of public confidence. Employees are asked to wear clothing appropriate to their job functions and to conform to acceptable grooming standards. Individual dress standards may be established in certain departments or divisions due to the nature of the work. Determination of an employee’s specific dress and appearance is a proper supervisory function and will be treated as such.

SECTION 7.0 DRUG/ALCOHOL USE

It is the responsibility of the employees of the City to serve the public in the most pleasant, effective manner possible. The use of drugs or alcoholic beverages either during or prior to work hours may reduce the efficiency of employees. Even if employees have not used these substances to the extent that they are “under the influence” of such substances (as defined in criminal law) their behavior pattern and appearance may make members of the public question whether they are getting the service they are entitled to and may create an unfavorable public image that is damaging to other City employees and to City Government. Therefore, the following rules relating to the use of drugs and alcoholic beverages are hereby established:

1. Employees are prohibited from making any use of drugs (other than drugs

authorized by doctor’s prescription) or alcoholic beverages during their scheduled work hours, rest periods and lunch breaks, except that police officers may use such substances in accord with Department policy, when such use is necessary in connection with the investigation of illegal activities.



2. No employee shall report to work either under the influence of drugs (other than drugs authorized by doctor’s prescription) or alcoholic beverages or manifesting symptoms of use of such substances.

3. If an employee is taking prescribed medication which may affect his ability

to operate a motor vehicle or other equipment or which may make it unwise for him to have contact with the public, the employee shall report this fact to his/her supervisor.

Supervisors are instructed to relieve the employee from duty when appropriate and take disciplinary action against any employee who is in violation of these rules.

SECTION 8.0 GRATUITIES

Any City employee or family member must comply with Minnesota Statutes 471.895, Subds. 1 and 2, concerning the acceptance of gifts or favors. All interpretations concerning gifts or gratuities must be brought to the City Attorney’s Office for review.

SECTION 9.0 HONORARIA

If employees present programs, workshops or make speeches or other appearances for which they receive honoraria, these honoraria are to be turned back to the City when: 1. the presentation is prepared on City time;

2. the presentation is made on City time; or

3. the City is paying travel expenses.

SECTION 10.0 JOB-RELATED MEDIA INQUIRIES

In order to protect both employees and the City, media inquiries shall be directed to the department director, department heads or the Mayor. Only personnel authorized by the department head or the Mayor are allowed to give any information to the media.



SECTION 11.0 ON-THE-JOB POLITICS

1. No employee shall solicit or collect funds for political purposes during working hours.

2. No employee shall at any time use his or her influence as a supervisor to

coerce any employee to join an organization, to pay any assessment or make a contribution to an organization or take part in any political activity.

3. All employees shall refrain from making any politically motivated phone

calls during the times they are scheduled for City work. 4. No employee shall misappropriate City property by using the Xerox

machine, sign painting apparatus or computer graphics for political purposes.

5. Employees may discuss politics only while they are performing their jobs if

it does not interfere with their job performance or the job performance of others.

6. Employees who make public political statements of their individual

opinions must make it clear that their opinions are not the official position of the City.

7. No employee shall use City time for any political activity.

SECTION 12.0 PERSONAL BUSINESS

Personal business should not be conducted on City time. PHONES: No employee shall cause personal long distance telephone calls to be billed to a City telephone number. Personal long distance calls shall be kept to a minimum and made only when absolutely necessary. All long distance personal calls shall be billed to the employee’s home phone or personal telephone credit card. SOLICITATIONS: Solicitations of employees during work hours for any reason or purpose by other employees or outside agents are not permitted without the written approval of the Mayor. The sale of such items as cosmetics, household products and other small items may be conducted by employees during breaks and lunch periods.



SECTION 13.0 SEAT BELT USE

No employee shall operate or ride in a City vehicle or personal vehicle while on City business without a safety belt properly fastened.

SECTION 14.0 SMOKING

The City is implementing a smoking policy that balances the rights of smokers and non-smokers. This policy addresses smoking in common areas, workplace areas, ad specialty areas such as vehicles. The State law mandates that each non-smoker has a right to an acceptable smoke-free area. This policy is to be implemented by department heads and designated City staff members. It is the policy of the City to comply with applicable State laws. Common Areas: There will be one Designated Smoking Area in City Hall. It will be posted “Smoking Permitted”. All the rest of the building is “No Smoking”. Special Situations - Vehicles: All City vehicles are designated as “Non-smoking Vehicles”. Each Department Head shall be responsible for monitoring compliance with the Clean Indoor Air Act.

SECTION 15.0 EXPENSES FOR SPOUSES

The City will not pay registration fees or meal expenses for spouses or significant others who attend civic or other special events which are mandatory for department heads or managers.

SECTION 16.0 TWO-WAY RADIO ETIQUETTE

Federal Communications Commission regulations govern the use of communication radios and the City is periodically monitored by the Commission.



Our radios are also subject to being heard by any member of the public with such equipment as well as by the Virginia and other local law enforcement agencies. Federal regulations and City policy prohibit the use of these communication radios for non-City business. These radios are not to be used to make comments about co-workers or to make abusive or profane comments or statements. Any employee violating this policy shall be subject to immediate written warning.

SECTION 17.0 LUNCH, BREAKS AND QUITTING TIME

Please refer to the appropriate bargaining unit contract in determining lunch, breaks and quitting times.

SECTION 18.0 PROGRESSIVE REPRIMAND

PURPOSE: To identify such rules and standards of conduct and to establish a framework for correcting situations where rules are not being followed or standards are not being met. ORGANIZATIONS AFFECTED: All departments. POLICY: It is the policy of the City of Virginia to provide certain rules and standards of conduct essential to all employees (both Management and Union) in performing jobs efficiently and safely. DEFINITIONS: Progressive reprimand is a series of disciplinary steps that increase in severity when any employee’s behavior is inappropriate. It is a tool for correcting poor employee performance or behavior. The process ensures that the employee will be advised of substandard performance and will be provided with a plan of action for improvement. The major goal is to provide employees the opportunity to make a choice to improve their performance or behavior and to do so with clearly specified objectives and time frame. PROCEDURE:



The following is the sequence of steps which, in most cases, will be used under the policy for progressive reprimand:

1. Verbal Warning Performed immediately, or as soon as possible, following unacceptable behavior. A record of the verbal reprimand will be entered into the employee’s personnel file. As soon as possible after such verbal reprimand a discussion between the employee and his/her supervisor will follow to review the action which constituted the reprimand.

2. Written Warning

A more serious performance discussion when an individual has failed to satisfactorily improve behavior or resolve performance deficiencies. A written reprimand will include a discussion between employee and the supervisor involved with the reprimand to review job performance standards to work rules which were violated. The supervisor will encourage the employee to improve and schedule a follow-up meeting to evaluate such improvement. A copy of the written reprimand will be placed in employee’s personnel file and the employee will receive a copy. If the employee shows an improvement in behavior, a memo to this effect will also be included in the employee’s personnel file.

3. Decision Making Leave or Unpaid Suspension of up to 3 Days

Used when time is needed to investigate a serious allegation or when the employee has repeatedly demonstrated inappropriate behavior. An employee reaching this step in the progressive discipline process will be notified by their immediate supervisor and the City Department Director that they are being placed on a “decision making leave.” This may be for the remainder of the shift, or an entire shift. Such leave will allow the use of vacation or compensatory time by the employee. Prior to beginning work on the employee’s next scheduled shift, the employee will meet with his/her immediate supervisor to review the reasons for the pending suspension, the duration of such suspension and the work rules or expected conduct the employee is to abide by. If the employee agrees to work under the guidelines stipulated by the supervisor, the employee may return to work. If, in the opinion of the employee’s supervisor, the incident is serious enough to warrant additional time off or the employee does not agree to return



to work under the conditions stipulated, a suspension without pay for up to three (3) days will be implemented. If an employee’s decision making leave and subsequent suspension are overturned by an arbiter, the time off taken for the decision making leave will be credited back to the employee. A copy of the decision making leave will be placed in the employee’s personnel file and a copy will be given to the employee.

4. Termination

The final step in the progressive reprimand process is used when an employee has failed to correct serious performance deficiencies or has repeatedly demonstrated inappropriate behavior as documented through the progressive reprimand process. The City will notify employee in writing of its intent to terminate employment and a termination hearing will be scheduled in accordance with the City Charter. A copy of this notice will also be provided to the Union.

A record of each step of the progressive reprimand process shall remain in an employee’s personnel file for a minimum of one (1) year and a maximum of two (2) years from the date of issuance. After one (1) year, if the employee has demonstrated improvement in documented appropriate behavior to the satisfaction of the supervisor, all records related to such inappropriate behavior may be removed from the employee’s file. In no event shall documents related to specific inappropriate behavior be kept longer than two (2) years from the date of issuance. The above process of progressive reprimand is intended to allow employees the opportunity to correct inappropriate conduct or unsatisfactory behavior before such conduct or behavior leads to termination. In general, the types of inappropriate behavior that would lead to the progressive reprimand process are: Insubordination (refusing work as assigned); Chronic tardiness or absenteeism without satisfactory explanation; Failure to abide by safety rules and regulations; Possession of alcohol or illegal drugs at the workplace.

Failure to work emergency overtime (subject to the A.F.S.C.M.E. Local 454 Contract.)

The progressive reprimand process is not intended, however, to allow employees the right to conduct themselves in any manner they choose up to three (3) times before being subject to suspension or termination. There are certain types of behavior that are serious enough in nature to warrant immediate leave, suspension or termination.



Any on the job behavior by an employee that includes a willful act which causes harm to person or property (or with the potential for causing harm) will not be tolerated and may be cause for immediate leave or suspension. Other types of conduct or behavior that may be cause for immediate leave or suspension are: Theft of City or fellow employee property; Possession of firearms or other unauthorized weapons on the job; One the job use of alcohol or illegal drugs. For employees covered under the CDL or MnOPS Drug and Alcohol policies, a positive test for drugs or alcohol or refusal to take such tests would likewise be cause for a decision making leave or suspension.

SECTION 19.0 TRUTH IN TERMINATIONS

AUTHORITY Minnesota Statute 181.933 PROCEDURE Under Minnesota law, an involuntarily terminated (laid off, fired) employee may request that the employer state the truthful reason for the termination. The employer has five (5) days to respond. This applies to both regular and intermittent employees. If you are asked to provide an explanation, contact the City Attorney.



IV. BENEFITS

SECTION 1.0 HEALTH, DENTAL AND LIFE INSURANCE

The City provides health and major medical insurance for all full-time employees. The basic idea behind the City’s health and major medical plan is to provide a financial cushion for employees who must meet rapidly rising health care costs and to prevent an employee and his or her family’s resources from being totally drained by catastrophic illnesses. The City provides the following health insurance program to all regular full-time employees or qualifying part-time employees commencing with the first of the month following thirty (30) days of employment with the City.

1. Blue Cross/Blue Shield AWARE Comprehensive Hospitalization Plan.

(365 day average toward semi-private).

2. Blue Cross/Blue Shield AWARE Surgical, Medical and Drugs Plan. (Usual and customary)

3. Term life insurance for all active employees as per bargaining unit

contracts. Employees having ten (10) or more years of continuous service with the City at the time they reach age sixty-two (62) and who retire at age sixty-two (62) or when their age plus years of service equal a total of 90, and further who are eligible for retirement under bylaws of the Public Employees Retirement Association, shall be provided with a paid-up life insurance policy in the amount of $5,000.00 at the time of their retirement or at age sixty-five (65), providing they have satisfied the age plus service requirement of 90. The City shall pay the entire premium cost for the $5,000.00 paid-up life insurance policy.

4. Delta Dental Plan, basic contract benefits, plus the special endorsement.

5. Long term disability insurance as per bargaining unit contracts.

The Employer shall pay 85% of the insurance premium costs of Items 1, 2, 3, and 4 above, including 85% of the cost of coverage of the dependents of the employees, per month. The Employer shall continue to provide the coverages hereinabove set forth during the period of temporary total disability to employees resulting from compensable injury under the Workmen’s Compensation Act and for a period not exceeding six (6) months for employees either laid off or after sick leave has



been exhausted, but shall terminate the same upon such employee obtaining other employment.

The Employer shall provide continued coverage for retirees who qualify pursuant to paragraph 3 above, and their dependents, under the Blue Cross and Blue Shield plans outlined above, until the time of the retiree’s death. In the case where the employee is eligible for such coverage under Federal Medicare, he shall be required to apply for such coverage, and they shall then be covered under the supplemental Blue Cross and Blue Shield plans. In the event the spouse of the retiree is under age sixty-five (65) and therefore not eligible for Federal Medicare, he or she shall be continued in coverage under the regular Blue Cross-Blue Shield plan until such time as they become eligible for Medicare, at which time the spouse will be furnished supplemental Blue Cross and Blue Shield coverage; provided, however, that the spouse must qualify as a dependent of the employee to be eligible for this coverage. Effective after the date of City Council ratification 1995, any future retirees who qualify pursuant to paragraph 3 above, and their dependents, shall contribute toward the monthly premiums for items 1, 2, 3 and 4 above, at the same level as the active employees (85/15) with the City paying the 90%. All other provisions of the above paragraph shall continue to apply. All benefits shall be given to a retired employee if he or she has thirty (30) years of service with the City of Virginia and has reached age sixty-two (62) or if he or she has qualified in accordance with his/her bargaining unit.

SECTION 2.0 JURY SERVICE

An employee who is required to serve jury duty by the municipal, state or federal courts and does serve on such jury thereby being absent from work, shall be paid his or her regular salary by the City. At the completion of jury duty, the employee must present his or her jury service checks to the City for verification. The employees next regular paycheck shall be reduced by the amount of jury service check, less any payments for travel expenses. Any employee scheduled to work on a day that he or she is scheduled for jury duty who is released from such jury duty two (2) or more hours prior to the end of his or her regular schedule shall return to work for the balance of the day. Any employee scheduled to work an afternoon shift on a day scheduled for jury duty who is dismissed by the court two (2) hours or more prior to the beginning of his or her shift will not be considered as having performed any jury duty on that day. This will result in an employee being compensated only for time actually worked on his or her afternoon shift.



In order to be eligible for jury duty pay the employee must notify his or her supervisor of the dates of jury service as soon as notification is received by the employee. Failure to immediately notify the supervisor will result in the employee being paid only for time actually worked.

SECTION 3.0 VACATIONS

The city provides a vacation plan to allow employees time off to rest and rejuvenate so that they may provide the best services possible to the residents of the City of Virginia. Full-time employees with one or more years of continuous service shall earn vacation according to the following schedule:

Weeks of Vacation Years of ____With Pay____ Continuous Service Two (2) One (1) Three (3) Five (5) Four (4) Ten (10) Five (5) Fifteen (15) Six (6) Twenty (20)

One additional day for each additional year of service after twenty (20) years. Employees working less than half-time shall not be eligible for vacation. Employees working half-time or more, but less than full-time shall receive vacation benefits on a pro rata basis based upon their average work week during the preceding year. Employees are urged to take their vacation each year, however, in the event the needs of the City dictate that employees may not take vacation during any year, the employees shall be allowed to accumulate unused vacation for a period of up to two (2) years. In no event will an employee be allowed to accumulate vacation longer than two (2) years. Employees who schedule a vacation period of two (2) weeks or more and who provide a written request to the payroll department at least one (1) week prior to the start of the vacation shall be allowed to receive vacation pay prior to the start of the vacation period. An employee’s vacation pay for vacation periods of one (1) week or more shall be computed on the basis of the employee’s average rate of pay excluding overtime during the month immediately preceding the vacation period. For vacations of less than one (1) week the vacation pay shall be computed on the employee’s base pay of his regular classification excluding overtime.



Vacations must be scheduled no later than February 1 of each calendar year. Any employee who fails to indicate his or her choice of vacation on or before April 30 shall be assigned vacation days by the department head. Between April 1 to April 15, department heads will consult with all regular employees entitled to vacations to determine employees’ preferences for vacation times. In scheduling vacation times, the need for service to residents of the City of Virginia must be considered. However, every effort will be made to respect the wishes of the employee with respect to scheduling vacations. In the event two (2) employees schedule vacations at the same time and the needs of the City will not permit both employees off at the same time, the most senior employee shall be given preference to schedule his or her vacation.

SECTION 4.0 SHIFT DIFFERENTIAL

Employees whose jobs require shift work shall receive additional compensation for hours worked according to the following plan:

1. Employees who are scheduled to work on the 4:00 p.m. to 12:00 midnight

shift shall be entitled to an additional shift differential of 20¢ per hour.

2. Employees who are scheduled to work on the 12:00 midnight to 8:00 a.m. shift shall be entitled to a differential of 25¢ per hour.

SECTION 5.0 LONGEVITY

Full-time City employees shall be entitled to a longevity differential which is designed to reward the employee for length of service to the City of Virginia and its residents. This longevity differential shall be added to each employee’s base wage as follows:

1. A two percent (2%) increase after completion of seven (7) years of

service.

2. A four percent (4%) increase after completion of thirteen (13) years of service.

3. A six percent (6%) increase after completion of eighteen (18) years of

service.

4. An eight percent (8%) increase after completion of twenty-three (23) years of service.



SECTION 6.0 RETIREMENT

As a recognition of faithful service to the citizens of the City of Virginia, any employee who has twenty (20) years of continuous service with the City shall upon retirement receive one (1) day of vacation pay for each year of service.

SECTION 7.0 FUNERAL LEAVE

In the event of a death in an employee’s immediate family, up to three (3) days of absence with pay shall be allowed starting from the date of death to and including the date of the funeral. Immediate family is defined as including spouse, children, father, mother, sister, brother, grandparents, grandparents of spouse, father-in-law, mother -in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law and grandchildren. In the event an employee is required to travel to a point outside a 200-mile radius from the City of Virginia, the employee may request up to two additional days from the date of the funeral for travel.

SECTION 8.0 HOLIDAYS

The City has designated twelve (12) specific days which are either partially or fully-paid holidays. In addition, the City allows personal holidays which may be scheduled by mutual agreement between the employee and his or her supervisor. The specific designated holidays are as follows:

* ** New Years Day Presidents Day Memorial Day Good Friday Fourth of July Day After Thanksgiving Labor Day Veterans Day Thanksgiving Day 1/2 Day Christmas Eve Christmas Day 1/2 Day New Years Eve Martin Luther King Day

Employees may be required to work on one of the specifically-designated partial or fully-paid holidays and, if so, will be paid time and one-half for all hours worked on the holiday, plus the holiday pay for those designated holidays under the (one



asterisk). Any employee required to work on a designated holiday described under the above (two asterisks) will be paid for all hours worked on the holiday plus eight (8) hours holiday pay. Any holiday which falls on a Saturday shall be observed on the preceding Friday and any holiday which falls on a Sunday shall be observed on the following Monday. To be eligible for holiday pay, an employee must be an active employee and must have worked his or her regularly-scheduled work day immediately before and after the holiday. Employees shall be considered active employees if they are not on layoff, an unpaid leave of absence, disciplinary suspension or Workers’ Compensation. The holiday pay will be based upon the number of hours the employee would normally have worked on the holiday at the employee’s regular hourly rate of pay including shift differential if the employee is normally scheduled to shift work. Any employee off work on a designated holiday as a result of an injury compensable under Workers’ Compensation, shall receive pay for that holiday deducted from his or her accumulated sick leave.

SECTION 9.0 SICK LEAVE

The City of Virginia provides sick leave benefits to employees so that the employees will not suffer financial loss during period of illness. In order to assure that there is no abuse of the sick leave policies, the City reserves the right to require a doctor’s excuse from the employee stating that the employee is physically unable to work and stating the dates that such inability to work is expected to last. Employees shall not be eligible for sick leave until completion of one (1) year of service with the City. Upon completion of one (1) year of service all full-time employees shall receive credit for thirty (30) working days sick leave with pay. Thereafter, sick leave shall earned at the rate of 2-1/2 working days per month worked, up to a maximum as specified by the appropriate union contract. Employees working less than half-time shall not be eligible for sick leave. Employees working half-time or more but less than full-time, shall earn sick leave benefits on a pro rata basis, based upon an average work week during the previous year. Employees who are injured as a result of employment with the City, shall be considered to be working, for purposes of accumulation of sick leave credits.



In the event of a serious illness of an employee’s spouse or children and provided the employee presents a doctor’s certificate at the time the request for time off is made, indicating a dire need for the employee’s presence at home or with the incapacitated spouse or child. Employee may use sick leave for such absences.

SECTION 10.0 SHORT TERM/LONG TERM DISABILITY

The City agrees to provide short and long term disability insurance for all employees. Short term shall commence on the 5th day of any injury or illness and shall pay 100% of the employee’s regular wage and shall continue for ninety (90) calendar days when the employee shall convert to long term disability. Long term disability shall pay 66 2/3% of the employee’s monthly earnings, and shall continue until age sixty-five (65). Short term disability shall be verified by the employee’s attending physician, and employees shall not be required to work in a light duty capacity. The City shall continue to provide hospital/medical insurance, dental, and life insurance for any employee who has qualified for and is receiving long term disability insurance benefits from the City’s insurance carrier, under the same terms and conditions as regular, active employees, for the term of this Agreement. The employee shall provide payment for their portion of the medical, dental and life insurance premiums by the first of each month they are receiving long term disability benefits.

SECTION 11.0 EMPLOYEE ASSISTANCE PROGRAM

The City of Virginia offers an Employee Assistance Program for all personnel employed by the City. If an employee is interested in the program he should contact the City Clerk’s Office to determine what authorized counselor is available through this program. Also, see Appendix “B” attached hereto.

SECTION 12.0 TUITION REIMBURSEMENT



POLICY: The City of Virginia shall provide a Tuition Reimbursement Program for all employees scheduled to work twenty (20) hours or more per week on a regular basis and who have completed a minimum of six (6) months of employment. The City encourages participation in formal educational course work which is designed to increase their knowledge and skill in the performance of responsibilities related to their current position or anticipated future positions within the City under the following conditions:

1. Courses which maintain and/or improve skills or knowledge in an employee’s current job or courses which lead an employee to qualify for a new trade or profession which are of value to the City are eligible for tuition reimbursement upon approval. These are post high school courses offered by accredited schools, colleges and universities and approved correspondence courses. They do not include workshops, conferences and seminars of short duration, which are paid under departmental budgets and are not reimbursable under this policy or credits that are taken for CEU’s or license requirements.

2. Tuition reimbursement shall be treated for tax purposes in accordance

with all applicable laws and regulations in that the employee must be working towards a degree or certification in a recognized educational institution.

3. Courses are to be attended on non-work time.

4. To be granted tuition reimbursement, the employee must complete the

course with a grade of A, B, C, Pass or Certificate of Completion. A grade of D, F, Incomplete, Not Pass, or Audit will not be reimbursed. Written proof of successful completion is required.

5. The employee will be reimbursed for tuition and required textbooks at

the rate of fifty percent (50%) up to a maximum reimbursement of Five Hundred and No/100ths Dollars ($500.00) per year. Fees not qualifying for reimbursement include:

a. Charges for equipment which become property of the employee.

b. Laboratory fees.

c. Student Activity or Student Union fees.

d. Parking Permits.

e. Graduate school exam fees.



f. Non-resident tuition.

g. Travel.

h. Health service fees.

6. An employee leaving the employment of the City within twelve (12)

months or less than 2,080 hours after receiving a tuition reimbursed course shall pay back the amount reimbursed or have it deducted from their final pay.

RESPONSIBILITY:

1. Department Heads or City Department Director are responsible for approving requests for tuition reimbursement and for obtaining proof of successful completion from the employee.

2. Department Heads are responsible for maintaining tuition

reimbursement forms, verifying successful completion of courses applied for, forwarding approved applications to Accounts Payable for reimbursement and filing of completed forms in individual personnel records.

3. Accounts Payable is responsible for issuing a check for approved

course(s) to the appropriate employee. PROCEDURES:

1. Employee receives approval from Department Head or City Department Director in advance of the course stating date. Employee obtains Tuition Reimbursement Application form, completes Part I and signs form. Form must be submitted to the Department Head at least three (3) weeks prior to start of course or course will not be approved for reimbursement.

2. Employee pays for the course of instruction, keeps all receipts that

show amount of tuition paid and obtains a grade slip or similar verification of successful completion. Receipts and verifications are given to Department Head.

3. Department Head obtains tuition receipts and verification of successful

completion from employee, attaches copies to Tuition Reimbursement Application Form, signs the form and forwards all information to City Clerk’s Office.



4. City Clerk’s Office completes the form, computes reimbursement to be received, files information in individual personnel files and sends a copy to Accounts Payable for payment.

5. Accounts Payable makes out a separate check for payment and sends

a copy of check paid to City Clerk’s Office for inclusion into personnel file.

SECTION 13.0 MATERNITY/PARENTING LEAVE

The City of Virginia has a Maternity and Parenting Leave Policy which has been adopted by the City and is included in its entirety in V. Policies, Section 6.0, of this manual.



V. POLICIES

SECTION 1.0 AFFIRMATIVE ACTION

The City has an affirmative action program which improves employment opportunities for women and minorities in areas in which these groups traditionally have been underrepresented. A copy of the Affirmative Action Program of the City of Virginia may be reviewed in the City Clerk’s Office.

SECTION 2.0 NONDISCRIMINATION

PURPOSE: To establish policy for a nondiscriminatory working environment and disciplinary action for discriminatory behavior by employees. POLICY It is the policy of the City of Virginia to treat all employees equally and without regard to race, creed, color, national origin, sex, age, marital status, or the presence of any handicap. It is also the City of Virginia’s policy to foster and maintain a harmonious and nondiscriminatory working environment for all employees. The City of Virginia will not tolerate racial, ethnic, religious or sexual slurs or comments demeaning national origin or the handicapped by any employees. Violations of this policy will be cause for disciplinary action, including written warnings, suspension and termination. Any employee who feels he/she has been the victim of a discriminatory comment in violation of the above policy should bring this concern to his/her supervisor for appropriate action.

DEFINITIONS:

Refuse to hire, or maintain a system of employment which unreasonably excludes, a person seeking employment; Discharge an employee; or Discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities or privileges of employment based on any of the following: race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance,



membership or activity in a local commission, disability, sexual orientation or age.

PROCEDURE: If you feel that you are a victim of discrimination within your working environment immediately report it to your supervisor even if you have discussed it directly with the individual(s) involved. Please provide the following information when reporting discrimination: 1) Date(s), time(s), and location(s) of the incident/incidences that took place;

2) Description of each incident: e.g., was any physical contact made, what

was said and/or done, etc.

3) Name(s) of anyone present during each incident; and

4) Anyone with one you have discussed the incident/incidences.

All complaints of discrimination will be investigated and the results of the investigation will be reported to the complaining party. Investigation of a discrimination complaint may include, but is not limited to, interviewing the complaining party as well as other employees and/or customers necessary to obtain sufficient information upon which to make an assessment of the situation. While we will make every effort to be sensitive to privacy issues, in the course of an investigation relevant information will be discussed with appropriate parties on a need-to-know basis. Retaliation against an employee who complains of discrimination is strictly prohibited and will not be tolerated. The City of Virginia is committed to investigating and correcting any form of discrimination taking place in our employ. We are committed to addressing these issues within our organization, and we believe we can effectively address such matters internally when employees advise us of a problem in this area.



SECTION 3.0 Respectful Workplace Policy (including sexual harassment prevention)

1. PURPOSE

1.1 The intent of this policy is to provide general guidelines about conduct that is and is not appropriate in the workplace and other city-sponsored social events.

1.2 The city acknowledges this policy cannot possibly predict all situations that might arise, and recognizes that some employees are exposed to disrespectful behavior, and even violence, by the very nature of their jobs.

2. APPLICABILITY

Maintaining a respectful public service work environment is a shared responsibility. This policy is applicable to all city employees, volunteers, firefighters, members of boards and commissions and City Council members.

3. STANDARDS FOR BEHAVIOR

Although the standard for how employees treat each other and the general public will be the same throughout the city, there may be differences between work groups about what is appropriate in other circumstances unique to a work group. If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or the city administrator.

3.1 Abusive Customer Behavior

3.1.1 While the city has a strong commitment to customer service, the city does not expect employees to accept verbal and other abuse from any customer. 3.1.2 An employee may request that a supervisor intervene when a customer is abusive, or the employee may defuse the situation themselves, including professionally ending the contact.

3.1.3 If there is a concern about the possibility of violence, the individual should use his/her discretion to call 911, and as soon as feasible, a supervisor. Employees should leave the area immediately when violence is imminent unless their duties require them to remain (such as police officers). Employees must notify their supervisor about the incident as soon as possible.

3.2 Types of Disrespectful Behavior

The following behaviors are unacceptable and therefore prohibited, even if not unlawful in and of themselves: 3.2.1 “Violent Behavior” includes the use of physical force, harassment, bullying or intimidation.



3.2.2 “Discriminatory Behavior” includes inappropriate remarks about or conduct related to a person’s race, color, creed, religion, national origin, disability, sex, pregnancy, gender-biased statements, such as stereotypes about women or men, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance.

3.2.3 “Offensive Behavior” may include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disparaging language, or any other behavior regarded as offensive to a reasonable person based upon violent or discriminatory behavior as listed above. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, taking into account the sensibilities of employees and the possibility of public reaction.

3.3 Sexual Harassment

3.3.1 Sexual Harassment can consist of a wide range of unwanted and unwelcome sexually directed behavior such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: a. Submitting to the conduct is made either explicitly or implicitly a term or

condition of an individual’s employment; or b. Submitting to or rejecting the conduct is used as the basis for an employment

decision affecting an individual’s employment; or c. Such conduct has the purpose or result of unreasonably interfering with an

individual’s work performance or creating an intimidating, hostile or offensive work environment.

3.3.2 Sexual harassment includes, but is not limited to, the following: a. Unwelcome or unwanted sexual advances. This means stalking,

patting, pinching, brushing up against, hugging, cornering, kissing, fondling or any other similar physical contact considered unacceptable by another individual.

b. Verbal or written abuse, making jokes, or comments that are sexually-oriented and considered unacceptable by another individual. This includes comments about an individual’s body or appearance where such comments go beyond mere courtesy, telling “dirty jokes” or any other tasteless, sexually oriented comments, innuendos or actions that offend others. The harassment policy applies to social media posts, tweets, etc., that are about or may be seen by employees, customers, etc.

c. Requests or demands for sexual favors. This includes subtle or obvious expectations, pressures, or requests for any type of sexual favor, along with an implied or specific promise of



favorable treatment (or negative consequence) concerning one’s current or future job.

3.4 Names and Pronouns: Every employee will be addressed by a name and by

pronouns that correspond to the employee’s gender identity. A court‐ordered name or gender change is not required.

4. EMPLOYEE RESPONSE TO DISRESPECTFUL WORKPLACE BEHAVIOR

4.1 All employees should feel comfortable calling their supervisor or another

manager to request assistance should they not feel comfortable with a situation. If situations involve violent behavior call the police or ask the individual to leave the area.

4.2 If employees see or overhear a violation of this policy, employees should advise a supervisor, the city administrator, or City Attorney promptly.

4.3 Procedure for Recording & Reporting:

Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below

4.3.1 As with all allegations of misconduct, informal resolution and formal investigatory processes related to this policy will be conducted in a timely, fair, and objective manner. 4.3.2 Individuals are encouraged to informally resolve concerns whenever possible. If there is a concern about the possibility of violence, the individual should use his/her discretion to call 911, and as soon as feasible, a supervisor.

4.3.3 Informal Resolution Process

a. If possible, the employee or third party who feels a violation has occurred should have a conversation with the other individual(s) involved.

b. Employees and third parties are encouraged to speak with their supervisor, Human Resources Director, union representative, or Employee Assistance Program (EAP) representative for assistance or guidance on how to resolve the situation.

c. If a direct approach is not possible or does not resolve the concern, employees and third parties are encouraged to meet with their supervisor or manager to discuss next steps.

d. If the concern is about the supervisor or manager, parties are encouraged to contact the Human Resources office or an EAP counselor to determine options for resolution.

4.3.4 Formal Complaint Process



a. Any employee or third party may choose to initiate a formal complaint under this policy. Complaints should be submitted to the Human Resources Director or City Administrator.

b. If the complaint concerns a member of the Human Resources office, the complainant may contact their supervisor or manager or the Human Resources Director.

c. If the complaint concerns an department head, the complainant may contact the City Administrator

d. Complaints must contain details of the situation and the identity of the person or persons against whom the complaint is being made.

e. The person against whom a formal complaint is made may be informed of the complaint.

f. As a matter of best practice, any formal complaint must be in writing, with as much as the following information as available:

Date(s), time(s) and location(s) of the incident/incidences that took place;

Description of each incident: e.g., was any physical contact made, what was said and/or done, etc.;

Name(s) of anyone present during each incident; and

Anyone with whom you’ve discussed the incident/incidences.

4.3.5 All complaints of disrespectful behavior will be investigated and the results of the investigation will be reported to the complaining party. Investigation of a disrespectful behavior complaint may include, but is not limited to, interviewing the complaining and accused parties as well as other employees and/or customers/ vendors necessary to obtain sufficient information upon which to make an assessment of the situation. While we will make every effort to be sensitive to privacy issues, in the course of an investigation relevant information will be discussed with appropriate parties on a need-to-know basis.

4.3.6 Retaliation and/or discrimination against an employee or customer/vendor who complaints of disrespectful behavior is strictly prohibited and will not be tolerated.

4.3.7 It is the right of all employees to seek at any time remedy by the Minnesota State Human Rights Commission, the Equal Employment Opportunity Commission, or through a court of law. It is encourages that the administrative remedies outlined in this policy be exhausted before outside agencies are consulted.

4.3.8 The City is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. § 363A.28, subd. 3(b) by adopting and



enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of Human Rights.

5. SUPERVISOR’S RESPONSE TO ALLEGATIONS OF DISRESPECTFUL

WORKPLACE BEHAVIOR 5.1 Employees who have a complaint of disrespectful workplace behavior will be

taken seriously.

5.2 In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations promptly to the city administrator, who will determine whether an investigation is warranted.

5.3 A supervisor must act upon such a report even if requested otherwise by the

victim.

5.4 In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported:

a. If the nature of the allegations and the wishes of the victim warrant

a simple intervention, the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his/her actions and requiring the conduct not reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful.

b. Supervisors, when talking with the reporting employee will be encouraged to ask him or her what he or she wants to see happen next. When an employee comes forward with a disrespectful workplace complaint, it is important to note the city cannot promise complete confidentiality, due to the need to investigate the issue properly. However, any investigation process will be handled as confidentially as practical and related information will only be shared on a need to know basis and in accordance with the Minnesota Data Practices Act.

c. If a formal investigation is warranted, the individual alleging a

violation of this policy will be interviewed to discuss the nature of the allegations. The person being interviewed may have someone of his/her own choosing present during the interview. Typically, the investigator will obtain the following description of the incident, including date, time and place:



Corroborating evidence.

A list of witnesses.

Identification of the offender.

d. The supervisor must notify the city administrator about the allegations (assuming the allegations do not involve the city administrator).

e. In most cases, as soon as practical after receiving the written or verbal complaint, the alleged policy violator will be informed of the allegations, and the alleged violator will have the opportunity to answer questions and respond to the allegations. The City will follow any other applicable policies or laws in the investigatory process.

f. After adequate investigation and consultation with the appropriate

personnel, a decision will be made regarding whether or not disciplinary action will be taken.

g. The alleged violator and complainant will be advised of the findings

and conclusions as soon as practicable and to the extent permitted by the Minnesota Government Data Practices Act.

6. SPECIAL REPORTING REQUIREMENTS

6.1 When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the city administrator who will determine how to proceed in addressing the complaint as well as appropriate discipline.

6.2 If the city administrator is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the city attorney who will confer with the mayor and City Council regarding appropriate investigation and action.

6.3 If a councilmember is perceived to be the cause of a disrespectful workplace

behavior incident involving city personnel, the report will be made to the city administrator and referred to the city attorney who will undertake the necessary investigation. The city attorney will report his/her findings to the City Council, which will take the action it deems appropriate.

6.4 Pending completion of the investigation, the city administrator may at

his/her discretion take appropriate action to protect the alleged victim, other employees, or citizens.



6.5 If an elected or appointed city official (e.g., council member or commission member) is the victim of disrespectful workplace behavior, the City Attorney will be consulted as to the appropriate course of action.

7. CONFIDENTIALITY

7.1 A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity.

7.2 The person’s name and statements may have to be provided to the alleged offender.

7.3 All complaints and investigative materials will be contained in a file separate

from the involved employees’ personnel files.

7.4 If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s).

8. RETALIATION

8.1 Consistent with the terms of applicable statutes and city personnel policies, the city may discipline any individual who retaliates against any person who reports alleged violations of this policy.

8.2 The city may also discipline any individual who retaliates against any participant in an investigation, proceeding or hearing relating to the report of alleged violations. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or disrespectful behavior.

8.3 Employees should also be aware that they might be held personally liable for

monetary damages if they are found guilty of disrespectful behavior.

SECTION 4.0 FAIR LABOR STANDARDS ACT (FLSA)

PURPOSE To establish guidelines for the promotion of fair practice and nondiscrimination in activities relating to employment and treatment of all citizens. POLICY: The policy of the City of Virginia is to promote and afford equal treatment and services to all citizens and to assure equal employment opportunity to all persons regardless of race, creed, color, ethnicity, national origin, sex, the presence of a non-job-related physical, sensory, or mental handicap, age, or marital status. This policy shall be based on the principles of equal employment opportunity and affirmative action guidelines as set forth in Federal, State and local laws. All departments of the City of Virginia shall adhere to the following guidelines.



1. Employment Practices: All activities relating to employment such as recruitment, selection, promotion termination, and training shall be conducted in nondiscriminatory manner. Personnel decisions will be based on individual performance, staffing requirements, and in accord with the Minnesota Human Rights Act and the agreements between the City and AFSCME and the Management Association. 2. Cooperation with Human Rights Organizations: The City of Virginia will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. 3. Affirmative Action Program: The City’s Affirmative Action Program will be maintained to facilitate equitable representation within the work force and to assure equal employment opportunity to all. It shall be the responsibility and duty of the City and all employees to carry out the policies, guidelines and corrective measures as set forth by this program. Corrective employment programs may be established by the City on the recommendation of an affirmative action committee for those departments in which a protected class of employees is under-represented. 4. Contractors’ Obligation: Contractors, subcontractors, and suppliers conducting business with the City shall affirm and subscribe to the Fair Labor Practices and Nondiscrimination policies set forth by law and in the Affirmative Action Program. 5. Copies of this policy shall be distributed to all employees, shall appear in an occupational documentation of the City, including bids, and shall be prominently displayed in appropriate City facilities.

SECTION 5.0 FAMILY AND MEDICAL LEAVE ACT

PURPOSE To comply with provisions of the Federal Family and Medical Leave Act (FMLA) and State Family and Medical Leave Laws. ORGANIZATIONS AFFECTED All full time employees who have worked for the City of Virginia for a total of at least twelve (12) months and for at least 1,250 hours during the 12-month period preceding the state of the leave. REFERENCE Family and Medical Leave Act of 1993 (FMLA)



POLICY It is the policy of the City of Virginia to enable employees to receive up to twelve (12) weeks away from work within any twelve (12) months to attend specified family and medical needs with job protection and no loss of accumulated service. Eligible employees may be granted up to twelve (12) weeks of unpaid leave per year for:

Newborn or newly adopted children. Eligible employees may request a leave of absence to provide care for a child following the child’s birth, adoption, or foster placement in the employee’s home. This leave must be taken within a year after the child is born, adopted or placed in the employee’s home. Illness of a family member. Employees may request a leave of absence to provide care for a child, parent or spouse who has a serious health condition. Illness of an employee. Employees may also request a leave of absence if they are unable to work due to their own serious health condition.

Earned vacation and sick leave benefits may be used prior to commencement of the unpaid family and medical leave of absence. No loss of seniority will occur while the employee is on this leave of absence. Employees must pay their portion of the cost of their group health and welfare insurance premiums. DEFINITIONS: 1. Child. Anyone under 18 years who is the employee’s biological, adopted or

foster child, stepchild, legal ward, or an adult legally dependent child. This may also include a child for whom the employee has day-to-day responsibility.

2. Parent. Biological, foster or adoptive parents, stepparents, legal guardians,

or someone who plays or has played the role of parent, but does not include parents-in-law.

3. Spouse. A legal marital relationship. 4. Serious Health Condition. An illness, injury, impairment, or physical or mental

condition serious enough to involve:

a. Any period of incapacity or treatment in connection with, or consequent to, hospitalization, in-patient care (i.e., an overnight stay) hospice, or in a residential health care facility.



b. Any period of incapacity requiring absence from work, school, or other regular daily activities, of more than three (3) calendar days, that also involves continuing treatment by (or under the supervision of a health care provider.

c. Continuing treatment by (or under the supervision of) a health care

provider for a 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) calendar days, or for prenatal care.

5. Medically Necessary. When certified by a licensed health care provider such

certification including the medical facts supporting such leave and a specific description of the treatment regimen provided.

The City of Virginia may require appropriate medical certification before a leave is granted. In some instances, a second or third medical opinion may also be required.

Any terms not defined above shall be defined in accordance with the Family and Medical Leave Act of 1993 and other applicable laws. PROCEDURE: 1. Application and Commencement.

A family and Medical Leave of Absence form must be completed requesting family and medical leave of absence and submitted to the department head thirty (30) days prior to commencement date, except where medical conditions make such a requirement impossible.

In order to qualify as Family and Medical Leave under this policy, the employee must be taking the leave for one of the reasons listed below:

a. the birth of a child and to care for that child; b. the placement of a child for adoption or foster care with an employee; c. to care for a spouse, child, or parent with a serious health condition; or d. the serious health condition of the employee.

When the leave is to care for a sick child, parent or spouse, the requesting employee must submit a letter signed by a physician that states: (a) the date the illness or condition began; (b) the probable duration of the condition; (c) the estimated time the employee will need to care for the family member; and (d) a statement that the illness or condition requires the participation of a family member. When the leave is for the employee, the employee must submit appropriate medical certification.



The City of Virginia may request a second opinion for a medical leave. The City will pay for the employee to get a certification from a second doctor which the City will select. If necessary, the City will request the opinion of a third doctor. The City and the employee will jointly select the third doctor, and the City will pay for the opinion. This third opinion will be considered final. When the leave is for planned medical treatment, the employee must attempt where possible to schedule the treatment so as not to disrupt the City’s operations.

2. Intermittent Leave.

An employee may take leave intermittently (a few days or a few hours at a time) or on a reduced work schedule to care for an immediate family member with a serious health condition or because of a serious health condition of the employee when medically necessary. For the birth, adoption or foster care of a child, the employee may take leave intermittently or work a reduced schedule only with the Department Head’s approval. Leave for birth, adoption or foster care must be taken within one (1) year of the birth or placement of the child. In cases when leave is authorized on an intermittent or reduced schedule basis, the Department Head, with the City Clerk/Finance Director’s approval, may temporarily transfer the employee to a position that better accommodates the leave needed subject to Union approval and by mutual consent of the City.

3. Status, Pay, and Benefits.

An employee who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay, benefits, and other employment terms. The position will be the same or one that entails substantially equivalent skill, effort, responsibility and authority. Employees taking leave under this policy must use all eligible paid sick leave, vacation, and personal holidays before taking the remainder as unpaid leave. Such paid leave will be considered FMLA leave and counted against twelve (12) eligible weeks. An employee who is taking leave due to the employee’s own serious health condition or the serious health condition of an eligible family member must use all eligible sick leave, vacation, and floating holidays prior to being eligible for unpaid leave. En employee must also use available sick leave during the recovery from the birth of a child (maternity



disability). Use of sick leave for approved FMLA purposes will not be counted against the definition of “Excessive and/or Patterned Absenteeism”. An employee who is taking leave for the birth, adoption, or foster care of a child must use all paid vacation and personal holidays prior to being eligible for unpaid leave.

Eligible exempt employees utilizing leave for the reason outlined in this FMLA policy, who exhaust all paid leave will typically not have deductions in salaries made for absences less than one (1) day. On the other hand, deductions will be made from exempt salaries for absences of a day or longer for employees who no longer have paid leave available. The City of Virginia reserves the right, within FMLA guidelines, to reduce the salary of an exempt employee who arranges an on-going reduced work schedule and incurs absences of less than one (1) day with no paid leave available without affecting the exempt status of the employee (FMLA 825.206). While an employee is on leave, the City of Virginia will continue the employee’s health benefits, as well as life and disability insurance provided by policy or labor agreement, during the leave period at the same level and under the same conditions as if the employee had continued to work. The employee continues to pay any portion of the cost they had been paying for additional coverage. If this was done through payroll deduction, this will continue while the employee is on paid leave. While on unpaid leave, those employees must continue to make this payment either in person or by mail. Coverage may be terminated, for non-payment by the employee, if the payment is thirty (30) days past due. If the employee chooses not to return to work for reasons other than a continued serious health condition, the City of Virginia will require the employee to reimburse the City for the amount paid for the health insurance premium during the leave period. Employees on paid leave will continue to accrue vacation and sick leave as governed by labor agreements. Retirement system contributions shall not be made during unpaid leave. Seniority continues to be governed by applicable Civil Service rules and/or labor agreements.

4. Reinstatement.

Employees on leave must notify their supervisor at least two (2) weeks prior to the end of leave to inform the City of Virginia of availability to return to work.



In the case of employee illness, the City of Virginia may require a fitness for duty report from the employee’s physician prior to the employee’s returning to work, 20 CFC 825.310(c). The employee’s practitioner shall complete the City of Virginia’s Fitness for Duty - Physician or Practitioner Certification form, and forward this confidentially to the City Department Director or Department Head. The employee will be given at least fifteen (15) days to obtain medical certification. An employee’s failure to return from leave, or failure to contact his or her immediate supervisor or the City Department Director on the scheduled date of return, will be considered a voluntary resignation. Exception: If the employee on leave of absence is an exempt employee in a critical job position and keeping the job open for the employee would result in substantial economic injury to the City, reinstatement to the position may be denied. The employee will be given an opportunity to return to work in a different job.

5. Other Considerations.

Personal and family situations may vary regarding the use of the above. The City Department Director or Department Head should be contacted to assist in clarifying the application of this policy and related laws, policies, and labor agreements. Employee may not engage in outside employment during a period of leave covered by this policy.

SECTION 6.0 MATERNITY/PARENTING LEAVE

PURPOSE To establish guidelines for Maternity/Parenting leaves of absence. POLICY: Maternity Leaves It is the policy of the City to comply with applicable laws and labor contracts. Maternity leave is handled through a combination of the City’s policies governing temporary disability leave, sick leave and leave of absence. The City may be required to apply all of these policies during different phases of the pregnancy delivery and recovery.

For Example: Pre-delivery: 1. The employee wishes to stop working for a time prior to delivery,

but is medically able to work.



a. The employee may request use of accrued vacation, compensatory time or personal leave days.

b. The employee may apply for an unpaid leave of absence. 2. The employee is medically unable to work.

a. This must be certified in writing by the attending physician. b. Sick leave policy applies.

Post-delivery Recovery: 1. The time needed for recovery before the employee is physically

able to return to her job must be certified in writing by the attending physician.

2. Sick leave policy applies.

Parenting Leave: The procedures covering the granting of parenting leaves are contained in Minnesota Statute, Section 181.940-181.944, in the Leave of Absence provisions in the various labor contracts covering City employees, and in City Policy. The law requires the City to grant unpaid leaves of up to six (6) weeks to natural or adoptive parents for the birth or adoption of a child if the employee has been employed by the City for at least twelve (12) months. The parenting leave granted to natural mothers may be reduced by paid sick leave taken in connection with the birth so that the total leave does not exceed six (6) weeks after the birth or adoption and that the employee shall be entitled to reinstatement in his/her former position or a comparable position upon return. The Statute permits the employer to establish reasonable policies governing the timing of requests for unpaid leaves which the City has done in the Leave of Absence sections of its labor contracts. If an employee requests a Parenting Leave longer than that required by law or that starts later than six (6) weeks after birth or adoption, the Leave of Absence provisions in the labor contracts apply. In deciding whether to grant such a Leave the same criteria should be applied to adoptive parents and natural parents and to men and women. Parenting leaves for adoptive parents may begin prior to placement of the child in the adoptive parents’ home to arrange for the child’s placement. The form entitled “Request for Parenting Leave under Minnesota Statutes, Sections 181.940” should be used for leaves falling under this law.

RESPONSIBILITY Those responsibilities granting temporary disability leave, sick leave and leave of absence are outlined in the Union Contract.



PROCEDURE The procedures governing temporary disability leave, sick leave and leave of absence as outlined in the Union Contract are to be followed. In addition, the City has adopted a policy which provides that up to six (6) months leave of absence without pay may be granted by specific approval of the City Council. Accumulated sick leave, vacation and compensatory time may be utilized during said six (6) month period, but such benefits will not extend the leave of absence beyond the total leave of absence period as granted by the City Council. Additional leave of absence without pay may be granted by specific approval of the City Council.



Section 7.0 CONFLICT OF INTEREST POLICY

It is the policy of the City of Virginia that all City officials and employees are to

remove themselves from situations in which they would have to take action or make a decision where that action or decision could be a perceived or actual conflict of interest or could result in a personal benefit for themselves or a family member. If an official or employee has any question about whether such a conflict exists, they should consult with the city administrator. Pursuant to this policy it shall be the obligation of each employee to review the City handout related to Conflict of Interest and sign an acknowledgement of receipt of that information for their file.

See “Conflict of Interest Policy Information Sheet” See “Model Resolution Declaring a Conflict”

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