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HomeMy WebLinkAboutResolution 7684 Amending Personnel Policy CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �esl,4 ��G NO. 7684 'ICES Ho A RESOLUTION TO AMEND THE PERSONNEL POLICY WHEREAS,the City of Orono is committed to foster a professional, equitable, and productive workplace by providing employees with clear policies, procedures and expectations; and WHEREAS,the personnel policy promotes transparency and trust, mitigates risks, and ensure fairness in the treatment of employees; and WHEREAS, the City of Orono personnel policy was first established on November 23, 1981 by adoption of Resolution 1339 and amended by resolutions seven times since with further amendments via Council motion; and WHEREAS,the current personnel policy was approved by Council motion on December 8, 2025; and WHEREAS,upon adoption of the Personnel Policy in Exhibit A, all previous resolutions and motions will be repealed. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, the Personnel Policy attached as Exhibit A is adopted in its entirety and the revised policies supersede all previously adopted personnel policies and procedures, except those contained in approved bargaining union contracts. Adopted by the City Council of Orono, Minnesota at a regular meeting held on May 26, 2026. ATTEST: CITY OF ORONO (12., C e Lusia , ty Clerk Bob Tunheim, Mayor 19._01\teN C. CITY OF ORONO Personnel ADOPTED BY ORONO CITY COUNCIL On May 26, 2026 Section 3.14 Non-Exempt Employee 19 Section 3.15 Paid-On-Call Firefighter(POC) 19 Section 3.16 Part-Time Employee 19 Section 3.17 Pay Period 19 Section 3.18 PERA (Public Employees Retirement Association) 19 Section 3.19 Promotion 19 Section 3.20 Reclassify 20 Section 3.21 Seasonal Employee 20 Section 3.22 Service Credit/Time 20 Section 3.23 Temporary Employee 20 Section 3.24 Training/Probationary Period 20 Section 3.25 Transfer 20 Section 3.26 Weapons 20 Section 3.27 Workweek 21 Article 4. EMPLOYEE RECRUITMENT AND SELECTION 22 Section 4.01 Scope 22 Section 4.02 Features of the Recruitment System 22 Section 4.03 Testing and Examinations 22 Section 4.04 Pre-Employment Medical Exams 22 Section 4.05 Selection Process 23 Section 4.06 Background Checks 23 Section 4.07 Training Period 24 Article 5. ORGANIZATION 25 Section 5.01 Job Descriptions 25 Section 5.02 Assigning and Scheduling Work 25 Section 5.03 Job Descriptions and Classifications 25 Section 5.04 Layoff 25 Article 6. HOURS OF WORK 26 Section 6.01 Work Hours 26 Section 6.02 Core Hours 26 Section 6.03 Meal Breaks and Rest Periods 26 Section 6.04 Adverse Weather Conditions 26 Article 7. COMPENSATION 28 Section 7.01 Direct Deposit 28 Page 3 of 167 Section 11.15 Regular Leave without Pay 46 Section 11.16 Family and Medical Leave 47 Section 11.17 Paid Family and Medical Leave (PFML) 48 Section 11.18 Reasonable Work Time for Nursing Mothers 51 Section 11.19 Light Duty/Modified Duty Assignment 51 Section 11.20 Reasonable Accommodations for Health Conditions Relating to Pregnancy 52 Article 12. RESPECTFUL WORKPLACE POLICY 53 Section 12.01 Applicability 53 Section 12.02 Abusive Customer Behavior 53 Section 12.03 Types of Disrespectful Behavior 53 Section 12.04 Employee Response to Disrespectful Workplace Behavior 54 Section 12.05 Supervisor's Response to Allegations of Disrespectful Workplace Behavior 55 Section 12.06 Special Reporting Requirements 56 Section 12.07 Confidentiality 57 Section 12.08 Retaliation 57 Article 13. POSSESSION AND USE OF DANGEROUS WEAPONS 59 Article 14. SEPARATION FROM SERVICE 60 Section 14.01 Resignations 60 Section 14.02 Severance Pay 60 Section 14.03 Post-Retirement Health Care Savings Plan 60 Section 14.04 Continuation of Group Health and Dental Insurance 61 Article 15. DISCIPLINE 62 Section 15.01 General Policy 62 Section 15.02 No Contract Language Established 62 Section 15.03 Process 62 Article 16. GRIEVANCE PROCEDURE 64 Section 16.01 Waiver 64 Article 17. EMPLOYEE EDUCATION AND TRAINING 65 Section 17.01 Policy 65 Section 17.02 Job-Related Training and Conferences 65 Section 17.03 Job-Related Meetings 65 Section 17.04 Request for Participation in Training and Conferences 65 Section 17.05 Out of State Travel 65 Section 17.06 Compensation for Travel and Training Time 65 Page 5 of 167 Appendix B. Tuition Reimbursement Policy and Forms 106 Tuition Reimbursement Policy 107 Appendix C. Website Policy 109 Website Policy 110 Appendix D. Information Technology Policies and Forms 112 IT Device Policy and Acknowledgement 113 Cell Phone Policy and Use Acknowledgement 116 Artificial Intelligence (AI) Policy 120 Appendix E. Expense/Reimbursement Report 126 Expense Reimbursement Report 127 Appendix F. Position Reclassification Guidelines and Process 128 Position Reclassification Guidelines and Process 129 Appendix G. Flexible Work Arrangement Policy 135 Flexible Work Arrangement Policy 136 Flexible Work Agreement Form 141 Appendix H. Credit Card Policy 146 City of Orono Credit Card Policy 147 Credit Card User Agreement 149 Affidavit of Lost or Destroyed Receipt 150 Appendix I. Drug and Alcohol Testing for Commercial Drivers Policy 151 Drug and Alcohol Testing for Commercial Drivers Policy 152 Page 7 of 167 Section 1.04 Data Practices Advisory Employee records are maintained in a location designated by the city administrator. Personnel data is retained in personnel files, finance files, and benefit/medical files. Information is used to administer employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc. Employees have the right to know what data is retained, where it is kept, and how it is used. All employee data will be received, retained, and disseminated according to the Minnesota Government Data Practices Act. Section 1.05 Media Requests All city employees have a responsibility to help communicate accurate and timely information to the public in a professional manner. Requests for private data or information outside of the scope of an individual's job duties should be routed to the appropriate department or to the data practices authority. Any employee who identifies a mistake in reporting should bring the error to the city administrator or other appropriate staff Regardless of whether the communication is in the employee's official city role or in a personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc. Except for routine events and basic information readily available to the public, all requests for interviews or information from the media are to be routed through the city administrator. No city employee is authorized to speak on behalf of the city without prior authorization from the city administrator or his/her designee.Media requests include anything intended to be published or viewable to others in some form such as television, radio, newspapers, newsletters, social media postings, and websites. When responding to media requests, employees should follow these steps: 1. If the request is for routine or public information (such as a meeting time or agenda), provide the information and notify the city administrator of the request. 2. If the request is regarding information about city personnel, potential litigation, controversial issues, an opinion on a city matter, or if an employee is unsure if the request is a "routine" question, forward the request to the city administrator. An appropriate response would be, "I'm sorry, I don't have the full information regarding that issue. Let me take some basic information and submit your request to the appropriate person, who will get back to you as soon as he/she can."Then ask the media representative's name, questions, deadline, and contact information. All news releases concerning city personnel will be the responsibility of the city administrator. When/if the city administrator authorizes a staff person to communicate on behalf of the city in interviews, publications, news releases, on social media sites, and related communications, employees must: • Identify themselves as representing the city. Account names on social media sites must be clearly connected to the city and approved by the city administrator. Page 9 of 167 that could contribute to a hostile work environment on the basis of sex, race (including traits associated with race, including, but not limited to, hair texture and hairstyles such as braids, locks and twists), national origin, age, color, creed, religion, disability, marital status, familial status, veteran status, sexual orientation, gender identity, or gender expression, status with regard to public assistance or membership or activity in a local human rights commission. • If you publish something related to city business and there is liable to be confusion whether you are speaking on behalf of the city,it would be best to identify yourself and use a disclaimer such as, "These are my own opinions and do not represent those of the City of Orono." • City resources, working time, or official city positions cannot be used for personal profit or business interests, or to participate in personal political activity. Some examples: a building inspector could not use the city's logo, email, or working time to promote his/her side business as a plumber; a • parks employee should not access a park after hours even though he or she may have a key; a clerk, while working at City Hall, should not campaign for a friend who is running for City Council. • Personal social media account name or email names should not be tied to the city (e.g., Orono Cop). Page 11 of 167 • The city may waive this rule if extenuating circumstances warranted such behavior. This policy does not preclude the city from administering discipline for unexcused absences of less than three days. Individual departments may establish more specific reporting procedures. For budgetary and confidentiality reasons, non-exempt employees (eligible for overtime pay) are not authorized to take work home or work through lunch without prior approval from their supervisor. Section 2.03 Access to and Use of City Property Any employee who has authorized possession of keys, tools, cell phones, pagers, or other city-owned equipment must register his/her name and the serial number (if applicable) or identifying information about the equipment with his/her supervisor. All such equipment must be turned in and accounted for by any employee leaving employment with the city in order to resign in good standing. Employees are responsible for the safekeeping and care of all such equipment. The duplication of keys owned by the city is prohibited unless authorized by the city administrator. Any employee found having an unauthorized duplicate key will be subject to disciplinary action. Section 2.04 Appearance The City of Orono has established a business casual dress code policy. While City employees are not required to wear what is traditionally considered formal business attire, appropriate standards of professionalism must be followed. Employees are expected to maintain a clean and neat appearance at all times, dressing in a manner appropriate for the work being performed and consistent with safety rules and considerations. Employees of the City are required to dress appropriately for the jobs they are performing. This policy shall apply when employees are engaging in official City business or are otherwise representing the City. Failure to adhere to this policy may result in appropriate disciplinary action, up to and including termination of employment. All employees are representatives of the City and therefore dress and appearance should: • Present a professional or identifiable appearance for external and internal customers as well as the public. • Promote a positive working environment. • Limit distractions caused by inappropriate dress. • Ensure and promote safety while at work. • Dress in a manner that is normally accepted in comparable operations. Appropriate Attire: • Neat and Well-Groomed — during working hours, employees should appear neat and professional at all times. Employees are expected to be suitably attired and well groomed, and ensure that their clothing is clean, ironed and not torn, ripped or stained. • Professional Attire—Employees should use common sense and good judgment in determining what to wear to work. Generally, if the employee is doubtful about some clothing, it is not appropriate. • Where uniforms are required, they must be worn during work hours. The uniforms should be neat and clean when the employee arrives for work. Each department is responsible for seeing to it that employees follow regulations regarding uniforms, related accessories and equipment. Uniforms bearing City identification patch should not be worn during off-duty hours. • Personal Protective Equipment (PPE): The City will provide employees, whose duties require it, with personal protective equipment. Employees are responsible for keeping the equipment Page 13 of 167 result in a personal benefit for themselves or a family member. If an employee has any question about whether such a conflict exists, he/she should consult with the city administrator. The following actions by an employee of the City of Orono shall be deemed a conflict of interest and subject to disciplinary action as appropriate: • Use or attempted use of the employee's official position to secure benefits, privilege exceptions, or advantages for the employee or the employee's immediate family or organization with which the employee's immediate family or organization with which the employee is associated, which are different from the available to the public. • Acceptance of other contractual relationship that will affect the employee's independent judgment in exercise of the employee's official duties. • Actions as an agent or attorney in any action or matter pending before the City of Orono, except in the proper discharge of official duties or on the employee's behalf or as a member of a labor bargaining unit. To prevent conflict of interest, City employees shall not appoint, employ, supervise or participate in a hiring decision involving any immediate "Family Member" (Definition per Minn. Stat. §181.9445, subd. 7.). This includes the following members: • Spouse or registered domestic partner • Child(natural, foster, or adopted), siblings (natural, step, or foster), grandchild(natural, step, or foster), grandparent (natural or step), child of a sibling of the employee, sibling of the parents of the employee, child-in-law, sibling-in-law • Any of the family members listed above of a spouse or registered domestic partner • Any other individuals related by blood or whose close association with the employee is equivalent of a family relationship For purposes of this policy, a supervisor is an employee who is responsible for, or effectively contributes to,an employee's performance appraisal; issues or recommends discipline;establishes work assignments or directs an employee's work; adjusts or recommends adjustments to grievances; or who is accountable for an employee's time, such as scheduling, approving overtime and/or timesheets. City employees shall not directly or indirectly supervise an immediate family member. The supervisory- subordinate relationship shall be interpreted to include all levels of supervisors within the chain of command, not just the immediate supervisor. If the immediate family relationship is formed after employment, both employees must disclose the relationship to the Department Head and Human Resources so that immediate steps, such as transfer, voluntary resignation, or dismissal from employment can be taken to resolve conflict with this policy. Should an employee not accept an offer to transfer to another division or department, as applicable, or should no transfer option be available, the employee may be dismissed. It shall be within the sole discretion of the City to determine which employee to dismiss based on the best interests of the City. All employees shall refrain from intervening in any employment matter involving an immediate family member and shall refrain from involvement in any employment matter which may be viewed as a conflict of interest. Page 15 of 167 • Informational material of insignificant value; • Food or beverage given at a reception, meal, or meeting away from the employee's place of work by an organization before whom the employee appears to make a speech or answer questions as part of a program; • Gifts given because of the employee's membership in group, a majority of whose members are not local officials, and an equivalent gift is given to the other members of the group; • Gifts given by a person who is a member of the employee's family unless the gift is given on behalf of someone who is not a member of the family; or • Gifts given by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds,to attendees at a conference sponsored by that organization,if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees. For reference, see Minn. Stat. §471.895 and Minn. Stat. §471.87. Page 17 of 167 Section 3.11 Full-Time Employee Employees who are required to work forty (40) or more hours per week year-round in an ongoing position. Section 3.12 Hours of Operation "Office Hours" The City's regular hours of operation are Monday through Friday, from 8 a.m. to 4:30 p.m. Section 3.13 Management Employee An employee who is responsible for managing a department or division of the city. Section 3.14 Non-Exempt Employee Employees who are covered by the federal or state Fair Labor Standards Act. Such employees are normally eligible for overtime at 1.5 times their regular hourly wage for all hours worked over forty (40) in any given workweek. Section 3.15 Paid-On-Call Firefighter(POC) A firefighter that is required to respond to emergency callouts at any time, 24 hours a day, 7 days per week. POC firefighters are called out to emergencies with no notice and compensated for time worked at a nominal rate of pay. Section 3.16 Part-Time Employee Employees who are required to work less than forty (40) hours per week year-round in an ongoing position. In accordance with federal health care reform laws and regulations, the city shall offer health insurance benefits to eligible employees and their dependents that work on average or are expected to work 30 or more hours per week or the equivalent of 130 hours or more per month. The look-back period for eligibility is 3-month. In order to comply with health care reform law while avoiding penalties, part-time employees will be scheduled with business needs and in a manner that ensures positions retain part-time status as intended. Section 3.17 Pay Period A fourteen(14) day period beginning at 12 a.m. (midnight) on Monday through 11:59 p.m. on Sunday, fourteen(14) days later. Section 3.18 PERA (Public Employees Retirement Association) Statewide pension program in which all city employees meeting program requirements must participate in accordance with Minnesota law. The city and the employee each contribute to the employee's retirement account. Section 3.19 Promotion Movement of an employee from one job class to another within the city,where the maximum salary for the new position is higher than that of the employee's former position. Page 19 of 167 Section 3.27 Workweek A workweek is seven consecutive 24-hour periods. For most employees the workweek will run from Monday through the following Sunday. With the approval of the city administrator, departments may establish a different workweek based on coverage and service delivery needs (e.g., police department, fire department,park and recreation department). Page 21 of 167 When required,the medical exam will be conducted by a licensed physician designated by the city with the cost of the exam paid by the city. (Psychological/psychiatric exams will be conducted by a licensed psychologist or psychiatrist).The physician will notify the city administrator or designee that a candidate either is or isn't medically able to perform the essential functions of the job, with or without accommodations, and whether the candidate passed a drug test, if applicable. If the candidate requires accommodation to perform one or more of the essential functions of the job, the city administrator or designee will confer with the physician and candidate regarding reasonable and acceptable accommodations. If a candidate is rejected for employment based on the results of the medical exam, he/she will be notified of this determination. Section 4.05 Selection Process The selection process will be a cooperative effort between the city administrator or designee and the hiring supervisor,subject to final hiring approval of the City Council.Any,all,or none of the candidates may be interviewed. The process for hiring seasonal and temporary employees may be delegated to the appropriate supervisor with each hire subject to final City Council approval. Except where prohibited by law, seasonal and temporary employees may be terminated by the supervisor at any time, subject to City Council approval. The city has the right to make the final hiring decision based on qualifications, abilities, experience and City of Orono needs. Section 4.06 Background Checks All finalists for employment with the city will be subject to a background check to confirm information submitted as part of application materials and to assist in determining the candidate's suitability for the position. Except where already defined by state law, the city administrator will determine the level of background check to be conducted based on the position being filled. The following will result in the rejection of employment consideration: • Not a citizen of the United States; • Failure to disclose or provide false information on the application; • Failure to cooperate with background check and reference check processes. The following may result in the rejection of employment consideration: • Felony, Gross Misdemeanor, or Misdemeanor charge/conviction that resulted in De Novo or Diversion, a pardon or expungement; • D.U.I, D.W.I, Implied Consent, or B.A.C. over 0.08, on the driving record in the last 5 years; • Receiving or concealing stolen property; • Evidence or admission of past abuse of controlled substance within the last 10 years; • Affiliation or association with documented gang member(s) or known criminals; • An undesirable discharge from the military or an honorable discharge which indicates the applicant is not eligible for re-enlistment; • Documented instances of undesirable work habits; Page 23 of 167 Article 5. ORGANIZATION Section 5.01 Job Descriptions The City will maintain job descriptions for each regular position. New positions will be developed as needed but must be approved by the City Council prior to the position being filled. A job description is prepared for each position within the city. Each job description will include: position title, department, supervisor's title,FLSA status (the city administrator will determine whether each employee is designated as "exempt" or "non-exempt" based on guidance provided by the FLSA(employees in executive, administrative, and professional job classes are generally exempt; all others are non-exempt)),primary objective of the position, essential functions of the position, examples of performance criteria, minimum requirements, desirable training and experience, supervisory responsibilities (if any), and extent of supervisory direction or guidance provided to position. In addition,job descriptions may also describe the benefits offered and potential career path opportunities as a means to entice a qualified pool of applicants. Good attendance and compliance with work rules and policies are essential functions of all city positions. Prior to posting a vacant position the existing job description is reviewed by the city administrator or designee and the hiring supervisor to ensure the job description is an accurate reflection of the position and the stated job qualifications do not present artificial barriers to employment. A current job description is provided to each new employee. Supervisors are responsible for revising job descriptions as necessary to ensure that the position's duties and responsibilities are accurately reflected. All revisions are reviewed and must be approved by the city administrator. Section 5.02 Assigning and Scheduling Work Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the approval of the respective department head. Section 5.03 Job Descriptions and Classifications Assignment of job titles, establishment of minimum qualifications, and the maintenance of job descriptions and related records is the responsibility of the city administrator. Section 5.04 Layoff In the event it becomes necessary to reduce personnel, temporary employees and those serving a probationary period in affected job classes will be terminated from employment with the city before other employees in those job classes. Within these groups, the selection of employees to be retained will be based on merit and ability as determined by the city administrator, subject to approval of the City Council. When all other considerations are equal, the principle of seniority will apply in layoffs and recall from layoffs. Page 25 of 167 Sworn police officers and public works maintenance employees will generally be required to report to work regardless of conditions. Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by the respective supervisor or the city administrator. Page 27 of 167 In cases of improper overpayments, employees are required to promptly repay the City in the amount of the overpayment. The employee can write a personal check or authorize a reduction in pay to cover the repayment. Once the overpayment has been recovered in full, the employee's year to date earnings and taxes will be adjusted (so that the year's Form W-2 is correct) and the paying department will receive the corresponding credit. When an overpayment occurs, the repayment must be made within the same tax year. In the exceptional situation where the overpayment occurs in one tax year and is not discovered until the next year, the overpayment must be repaid in the year it is discovered, but there will be additional steps and paperwork required. Any overpayments not repaid in full within the calendar year of the overpayment are considered "prior year overpayments" and the employee must repay not only for the net amount of the overpayment, but also the federal and state taxes the city has paid on their behalf. The city is able to recover the overpaid Social Security and Medicare taxes. Accordingly, the city will not require the employee to repay those taxes provided the employee provides a written statement that he/she will not request a refund of the taxes. The overpayment amount will remain taxable in the year of the overpayment since the employee had access to the funds. The employee is not entitled to file an amended tax return for the year but may be entitled to a deduction or credit with respect to the repayment in the year of repayment. Employees should contact their tax advisors for additional information. Section 7.03 Time Reporting The City uses an electronic time reporting system. Non-exempt employees will be paid according to the time reported in the time-keeping system. Exempt employees will be paid according to their annual salaries, but should record actual time worked for budgeting purposes. To comply with the provisions of the federal and state Fair Labor Standards Acts, hours worked, and any leave time used by non- exempt employees are to be recorded daily and submitted to payroll on a bi-weekly basis. Each time reporting form must include the digital approval of the employee and immediate supervisor. Reporting false information on a time report may be cause for immediate termination. Section 7.04 Overtime/Compensatory Time The City of Orono has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. For payroll purposes, overtime will be rounded to the nearest one-quarter (1/4) of an hour. All employees, in all departments, are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. Section 7.05 Non-Exempt(Overtime-Eligible)Employees All overtime-eligible employees will be compensated at the rate of time-and-one-half for all hours worked over 40 in one workweek. Sworn law enforcement personnel engaged in law enforcement activities will be paid overtime for hours worked above 171 hours in a continuous 28 day pay period. Page 29 of 167 • The employee is absent for a full workweek and,for whatever reason,the absence is not charged to paid leave(for example,a situation where the employee has exhausted all of his/her paid leave or a situation where the employee does not earn paid leave). • The very first workweek or the very last workweek of employment with the city in which the employee does not work a full week. In this case, the city will prorate the employee's salary based on the time actually worked. • The employee is in a position that earns paid leave and is absent for a partial day due to personal reasons, illness, or injury, but: • o Paid leave has not been requested or has been denied. o Paid leave is exhausted. o The employee has specifically requested unpaid leave. • The employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all employees. • The employee takes unpaid leave under the FMLA. • The city may, for budgetary reasons, implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the weekly salary of an exempt employee. In this case, the employee will be treated as non-exempt for any workweek in which the budget-related deductions are made. The City of Orono will not make deductions from pay due to exempt employees being absent for jury duty or attendance as a witness but will require the employee to pay back to the city any amounts received by the employee as jury fees or witness fees. If the city inadvertently makes an improper deduction to the weekly salary of an exempt employee, the city will reimburse the employee and make appropriate changes to comply in the future. If an employee thinks that a wage deduction was made in error, please contact Finance department promptly. Section 7.07 Leave Policy for Exempt Employees Exempt employees are required to work the number of hours necessary to fulfill their responsibilities including evening meetings and/or on-call hours. Exempt employees are subject to Section 6.02, plus evening meetings as necessary, or as agreed upon per a flexible work arrangement. Exempt employees are required to use paid leave when on personal business or away from the office for two hours or more, on a given day. Absences of less than two hours do not require use of paid leave if that the staff member regularly puts in work hours above and beyond the normal 40-hour workweek. Exempt employees must coordinate their absence with their supervisor. If one of the above employees is regularly absent from work under this policy and it is found there is excessive time away from work that is not justified,the situation will be handled as a performance issue. If it appears that less than forty hours per week is needed to fulfill the position's responsibilities, the position will be reviewed to determine whether a part-time position will meet the needs of the city. Additional notification and approval requirements may be adopted by the city administrator for specific situations as determined necessary. Page 31 of 167 Article 8. PERFORMANCE REVIEWS (See Appendix A for full policy and forms) An objective performance review system will be established by the city administrator or designee for the purpose of periodically evaluating the performance of city employees. The quality of an employee's past performance will be considered in personnel decisions such as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. Performance reviews will be discussed with the employee. While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable using the city's grievance process, other performance evaluation data, including subjective assessments, are not. For those parts of the performance evaluation system deemed not challengeable, an employee may submit a written response, which will be attached to the performance review. Performance reviews are to be scheduled on a regular basis, at least annually. The form, with all required signatures, will be retained as part of the employee's personnel file. During the training period, informal performance meetings should occur frequently between the supervisor and the employee. Conducting these informal performance meetings provides both the supervisor and the employee the opportunity to discuss what is expected, what is going well and not so well. Signing of the performance review document by the employee acknowledges the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the document by the employee will not delay processing. Page 33 of 167 Section 9.04 Tuition Reimbursement See Appendix B for detailed policy and forms. To be considered for tuition reimbursement,the full-time employee must be in good standing and have been employed by the city for at least one year. Employees must submit the tuition reimbursement form to the City Administrator for consideration. Courses taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement: • Courses must be directly related to the employee's present position (whether required for a degree program or not) OR • Educational goals must be aimed at completion of a certificate, undergraduate or graduate program. • Courses must be directly related to a reasonable promotional opportunity in the same field of work as present position (whether part of a degree program or not). The City will pay the cost of tuition upon successful completion(C grade or better; "pass"in a pass/fail course) of the approved course. Reimbursements will be prorated for part-time employees. Employees must reimburse the city if they voluntarily leave employment within twelve months of receiving tuition reimbursement from the city. Tuition reimbursement for an individual employee is subject to funding availability, with a maximum of 2 classes per semester reimbursable. Section 9.05 Worker's Compensation In accordance with the laws of the State of Minnesota,the City provides coverage for medical expenses in the event of work-related injury or disease, plus partial salary continuation in the event of disability, and additional benefits if the injury or disease causes partial or permanent disability or death. Employees on a workers' compensation related leave have the option use sick leave to up to the difference of the Workers' Compensation salary continuation and the employees regular pay amount. In no case shall an employee's workers' compensation and sick leave use exceed their normal pay check. Employees are automatically covered under the workers' compensation plan as soon as employment begins. To be eligible for workers' compensation, the injury or disease must arise out of and occur during the course of employment. The City pays the entire cost of this protection. Benefits paid depend entirely on the benefit schedule set up by the State of Minnesota and applicable at the time the work-related injury or disease is incurred. If an employee has a work-related injury or disease and is under a doctor's care, that employee cannot change doctors for treatment of this work-related injury or disease without first contacting the City's workers' compensation company and obtaining approval to make this change. Page 35 of 167 Article 11. LEAVES OF ABSENCE Depending upon an employee's situation, more than one form of leave may apply during the same period of time (e.g., the Family and Medical Leave Act is likely to apply during a workers' compensation absence). An employee will need to meet the requirements of each form of leave separately. Leave requests will be evaluated on a case-by-case basis. Except as otherwise stated, all paid time off, taken under any of the city's leave programs, must be taken consecutively,with no intervening unpaid leave. The city will provide employees with time away from work as required by state or federal statutes, if there are requirements for such time off that are not described in the personnel policies. Section 11.01 Earned Sick and Safe Leave (ESST) Earned Sick and Safe Leave is authorized absence from work with pay, granted to qualified employees. To qualify for Sick and Safe Leave an employee must work at least 80 hours in a 12-month period for the city. The hourly rate of Earned Sick and Safe Leave is the same hourly rate an employee earns from employment with the city Employees are to use this paid leave only when they are unable to work for medical reasons and under the conditions explained below. Sick and Safe Leave does not accrue during an unpaid leave of absence. • Full-time employees will accrue Sick and Safe Leave by pay period at a rate of ninety-six (96) hours per calendar year(3.69 Hours/pay period). • Part-time employees regularly scheduled to work will earn Sick and Safe Leave at one hour of Earned Sick and Safe for every 30 hours worked by an employee,up to a maximum of 48 hours of sick and safe leave per year. • Temporary and seasonal employees will earn Sick and Safe Leave at one hour of Earned Sick and Safe for every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per year. The maximum total amount of accrued Sick and Safe Leave cannot exceed 80 hours. • Sick and Safe Leave may be used only for days when the employee would otherwise have been at work. • Full Time and Part-Time employees will not be allowed to have more than 960 hours (120 working days) of Sick and Safe Leave on January 1st of each year. Once an employee accrues 960 hours, they will not accrue additional time unless the number of hours drops below 960. Accrued Sick and Safe Leave with pay has no value upon termination or retirement except as provided in the "Severance Pay at Retirement/ Termination of Employment in Good Standing / Sick and Safe Leave Handling at Termination" section of this handbook. • Temporary and Seasonal employees that finish their employment and return within 180 days will have their unused Sick and Safe Leave carried over. The Sick and Safe Leave amount cannot be more than 80 hours. Page 37 of 167 Eligibility If the need for sick and safe leave is foreseeable,the city requires seven days' advance notice. However, if the need is unforeseeable, employees must provide notice of the need for Earned Sick and Safe time as soon as practicable. When an employee uses Earned Sick and Safe time for more than three consecutive days, the city may require appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support safety leave). However, if the employee or employee's family member did not receive services from a health care professional,or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using,or used,Earned Sick and Safe Leave for a qualifying purpose. The city will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee's or the employee's family member's medical condition. In accordance with state law, the city will not require an employee using Earned Sick and Safe leave to find a replacement worker to cover the hours the employee will be absent. Sick Leave Benefits; Care of Relatives An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in Minn. Stat. § 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets. Donation of Sick Time With the approval of the City Administrator, city employees having accrued sick leave are allowed to donate a portion of the accrued sick leave to fellow employees experiencing a major medical condition. A major condition is considered to be a severe illness, major surgery, other physical ailment or other instances that qualify under the sick leave policy that causes, or is expected to cause an absence from work for 15 working days or more in any 12-month period. Conditions The donation of sick leave from one employee to another is subject to the following: 1. An employee must make a request to the department director or Human Resources to receive donated sick leave; 2. An employee is only eligible to receive donated sick leave for time lost from work due to a major medical condition as described above; 3. An employee will only be eligible to receive donated sick leave after all accrued sick leave, compensatory time and vacation have been used; 4. No employee will be allowed to receive more than 20 days of donated sick leave for any single major medical condition without the additional approval of the City Administrator; 5. An employee may donate no more than 16 hours per calendar year to a single fellow employee. This will not prohibit donating up to 16 hours each per year to additional employees; Page 39 of 167 Earnings and Use Vacation leave may be used as it is earned, subject to approval by the employee's supervisor. Unless approved by the City Administrator,vacation leave will not be earned during an unpaid leave of absence unless covered by FMLA or MN Paid Leave after one year of employment. An employee will not earn any vacation leave for any pay period unless he/she is employed by the city on the last scheduled workday of the pay period. Further, vacation leave will stop accruing as of the effective date of termination. Requests for vacation must be received at least forty-eight hours in advance of the requested time off This notice may be waived at the discretion of the supervisor and city administrator. Vacation can be requested in increments as small as one hour up to the total amount of the accrued leave balance. Vacation leave is to be used only by the employee who accumulated it. It cannot be transferred to another employee. Employees will not be allowed to accrue more than 240 hours of vacation leave. Once an employee accrues 240 hours, they will not accrue additional time unless the number of hours drops below 240. No vacation will be allowed to accrue in excess of this amount without the approval of the City Council. Vacation leave cannot be converted into cash payments except at termination. Section 11.03 Bereavement Leave All Full-time regular Employees will be allowed up to 3 days paid funeral leave, if requested. This time will not be deducted from any accruals of the Employee. This applies for the death of immediate family. Immediate family members include child (natural, step, adopted, or foster), spouse or registered domestic partner, siblings, (natural, step, adopted, or foster), parent (biological, step or foster), grandchild (natural, step, adopted, or foster), grandparent (natural or step), a child of a sibling of the employee, a sibling of the parents of the employee, a child-in-law, or sibling-in-law, any member of the family members listed of a spouse or registered domestic partner. This paid leave will not be deducted from the employee's vacation or sick leave balance. The actual amount of time off, and funeral leave approved,will be determined by the supervisor or city administrator depending on individual circumstances (such as the closeness of the relative, arrangements to be made, distance to the funeral, etc.). Section 11.04A Military Leave State and federal laws provide protections and benefits to city employees who are called to military service, whether in the reserves or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in training or active service not exceeding a total of 15 workdays in any calendar year. City compensation is in addition to the military's pay for these 15 days, as per MN Attorney General's Opinion. The leave of absence is only in the event the employee returns to employment with the city as required upon being relieved from service or is prevented from returning by physical or mental disability or other cause not the fault of the employee or is required by the proper authority to continue in military or naval service beyond the fifteen-day paid leave of absence. Employees on extended unpaid military leave will receive fifteen days paid leave of absence in each calendar year, not to exceed five years. Page 41 of 167 Section 11.04D Civil Air Patrol The city will grant employees an unpaid leave of absence for time spent serving as a member of the Civil Air Patrol upon request and authority of the State or any of its political subdivisions, unless the absence would unduly disrupt the operations of the city. Employees may choose to use accrued paid leave while on Civil Air Patrol Leave but are not required to do so. For reference, see Minn. Stat. § 181.946. Section 11.05 Jury Duty Regular full-time and part-time employees will be granted paid leaves of absence for required jury duty. Such employees will be required to turn over any compensation they receive for jury duty, minus mileage reimbursement, to the city in order to receive their regular wages for the period. Time spent on jury duty will not be counted as time worked in computing overtime. Employees excused or released from jury duty during their regular working hours will report to their regular work duties as soon as reasonably possible or will take accrued vacation or compensatory time to make up the difference. Employees are required to notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of time spent on jury duty and pay form is completed by the clerk of court so the city will be able to determine the amount of compensation due for the period involved. Temporary and seasonal employees are generally not eligible for compensation for absences due to jury duty but can take a leave without pay subject to department head approval. However, if a temporary or seasonal employee is classified as exempt, he/she will receive compensation for the jury duty time. For reference, see Minn. Stat. § 593.50. Section 11.06 Court Appearances Employees will be paid their regular wage to testify in court for city-related business. Any compensation received for court appearances (e.g., subpoena fees) arising out of or in connection with city employment, minus mileage reimbursement, must be turned over to the city. Section 11.07 Victim or Witness Leave An employer must allow a victim or witness, who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony to attend criminal proceedings related to the victim's case. Additionally, a victim of a violent crime, as well as the victim's spouse or immediate family member (immediate family member includes parent, spouse, child or sibling of the employee) may have reasonable time off from work to attend criminal proceedings related to the victim's case. Page 43 of 167 Section 11.10 Administrative Leave Under special circumstances, an employee may be placed on an administrative leave pending the outcome of an internal or external investigation. The leave may be paid or unpaid, depending on the circumstances, as determined by the city administrator with consent of the City Council. Section 11.11 Adoptive Parents Adoptive parents will be given the same opportunities for leave as biological parents (see provisions for Parenting Leave). The leave must be for the purpose of arranging the child's placement or caring for the child after placement. Such leave must begin before or at the time of the child's placement in the adoptive home. Section 11.12 School Conference Leave Any employee may take unpaid leave for up to a total of sixteen hours during any 12-month period to attend school conferences or classroom activities related to the employee's child(under 18 or under 20 and still attending secondary school), provided the conference or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the city. Employees may choose to use vacation leave hours for this absence but are not required to do so. For reference, see Minn. Stat. § 181.940 and Minn. Stat. § 181.9412 Section 11.13 Bone Marrow/Organ Donation Leave Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40 hours,unless agreed to by the city, to undergo medical procedures to donate bone marrow or an organ. The 40 hours is over and above the amount of accrued time the employee has earned. The city may require a physician's verification of the purpose and length of the leave requested to donate bone marrow or an organ. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor,the paid leave of absence granted to the employee prior to that medical determination is not forfeited. An employer shall not be discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting bone marrow or organ donation leave rights or remedies. For reference, see Minn. Stat. §181.945 and Minn. Stat. § 181.9456 requirement for cities with more than 20 employees. Section 11.14A Elections /Voting An employee selected to serve as an election judge pursuant to Minnesota law,will be allowed time off with pay for purposes of serving as an election judge, provided the employee gives the city at least twenty days written notice, including a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. The city may reduce the wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from the place of employment. Thus, employees will be paid the difference between their pay as an Page 45 of 167 is for medical reasons. Leave without pay for purposes other than medical leave or work-related injuries will be at the convenience of the city. Employees returning from a leave without pay for a reason other than a qualified Parenting Leave or FMLA, will be guaranteed return to the original position only for absences of thirty calendar days or less. Employees receiving leave without pay in excess of thirty calendar days,for reasons other than qualified Parenting Leave or FMLA, are not guaranteed return to their original position. If their original position or a position of similar or lesser status is available, it may be offered at the discretion of the city administrator subject to approval of the City Council. Section 11.16 Family and Medical Leave The FMLA applies to all public agencies, including state, local and federal employers, and local education agencies (schools). To be eligible for FMLA leave, an employee must work for a covered employer and: • have worked for that employer for at least 12 months; and • have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and Family and Medical leave ("FMLA leave") provides up to twelve (12) weeks of unpaid leave to an eligible employee for certain family and medical reasons. Maximum Leave: An employee may take a maximum of twelve (12) work weeks of FMLA leave in any rolling twelve (12) month period. The rolling twelve-month period is measured backward from a Covered Individual's first day of leave taken. Entitlement to Leave: FMLA leave may be granted for any of the following reasons: 1. To care for the employee's child after birth, or placement for adoption or foster care; 2. To care for the employee's spouse,son or daughter,or parent,who has a serious health condition; or 3. For a serious health condition that makes the employee unable to perform the employee's job. 4. A covered military member's active duty or call to duty or to care for a covered military member (Military Caregiver and Qualified Exigency Leave). Notice: The employee must give the City at least thirty(30)days advance notice that they will be taking FMLA leave. A "Request for Family/Medical Leave" form, copy attached, must be completed by the employee and returned to the immediate supervisor. In unexpected or unforeseeable situations, the employee should give as much notice as is practicable,usually verbal notice within one or two business days of when the need for leave becomes known,followed by a completed"Request for Family/Medical Leave" form. Serious Health Condition: A serious health condition is an illness or injury that is defined in the FMLA. Page 47 of 167 The equivalent plan administrator may approve MNPL leave for the following conditions in a benefit year: • Up to 12 weeks of medical leave (for the employee) to take care of themselves for a serious health condition, including pregnancy, childbirth, recovery, or surgery. • Up to 12 weeks of family leave to: o Bond with a child through birth, adoption, or foster placement o Care for a family member with a serious health condition o Support a military family member called to active duty o Receive covered types of care for the employee or a family member because of domestic abuse, sexual assault, or stalking. Employee can take both types of leave in the same year, but cannot exceed 20 weeks total within a single benefit year. For example, an employee may be entitled to 12 weeks of family leave to bond with a child and another 8 weeks of medical leave for their serious health condition. The benefit year starts the first day the employee takes MNPL. A benefit year means a rolling 12-month period measured backward from an employee's first day of approved leave. There is no waiting period for MNPL if the employee is granted the benefit. Employees may apply for intermittent leave in most cases, provided the leave is reasonable and appropriate to the needs of the individual requiring care. In addition to the other eligibility requirements under the MN Paid Leave law, employees seeking intermittent leave must have at least eight hours of accumulated leave (unless more than 30 days have lapsed since taking the initial leave). In situations where employees seek MNPL on an intermittent basis, employees must make a reasonable effort to provide written notice to Human Resources and their supervisor of the need for intermittent leave before applying for MNPL benefits through the equivalent plan. As part of the notice, employees must provide the city with the following: 1) proposed intermittent leave schedule, making reasonable effort to schedule leave so as not to unduly disrupt the City's operations;and 2)a completed certification from a health care provider identifying the leave as necessary and a reasonable estimate of the frequency and duration and treatment schedule for the leave. Consistent with other forms of leave provided by the city, employees may take intermittent MNPL in increments of one calendar day. If eligible for intermittent leave, the city allows a maximum of 480 hours of intermittent leave in any 12-month period. After reaching the maximum amount of allowed intermittent leave, employees may request continuous MNPL provided the continuous leave does not exceed the maximum amount of MNPL allowed by law. Prior to starting a claim with MetLife, employees should reach out to Human Resources and their supervisor to notify of their intention to take leave.If the need is foreseeable,the employee must provide notice at least 30 days prior to taking leave. If the leave is not foreseeable, the employee may still be able to take MNPL leave, but must provide as much notice as practicable, as defined in Minn. Stat. 268B.085, subd. 1(b). Page 49 of 167 Definitions • Family member includes: o Spouse or partner o Child (including biological, adopted, step, or foster children, or a child the employee raise even if not legally related) o Parent or person who raised the employee o Sibling o Grandchild or grandparent o In-laws (including son, daughter, father, or mother) o Anyone close to the employee who depends on them like family, even if not related by blood • A serious health condition means a physical or mental illness, injury, impairment, condition, or substance use disorder. Taking care of themselves for this serious condition may involve evaluation,treatment, inpatient care,recovery,or not being able to perform regular work,attend school, or do regular daily activities. This includes childbirth, conditions related to pregnancy, or surgery. Section 11.18 Reasonable Work Time for Nursing Mothers Nursing mothers and lactating employees will be provided reasonable break times to express milk for her infant child during the twelve months following the birth of the child, unless it would cause undue business disruption. The paid break time times must, if possible, run concurrently with any break time times already provided. Nursing mothers and lactating employees will be provided reasonable paid break times (which may run concurrently with already provided break times) to express milk. The city will provide a clean, private and secure room (other than a bathroom) as close as possible to the employee's work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private. An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting nursing rights or remedies. Section 11.19 Light Duty/Modified Duty Assignment This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the city administrator on a case-by-case basis. This policy does not guarantee assignment to light duty. Such assignments are for short-term, temporary disability-type purposes; assignment of light duty is at the discretion of the city administrator. The city administrator reserves the right to determine when and if light duty work will be assigned. When an employee is unable to perform the essential requirements of his/her job due to a temporary disability, he/she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he/she is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician's report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability. The notice must include the Page 51 of 167 Article 12. RESPECTFUL WORKPLACE POLICY The City of Orono is committed to creating and maintaining a public service workplace free of harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964, the Minnesota Human Rights Act, and other related employment laws. In keeping with this commitment, the city maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. Discriminatory behavior includes inappropriate remarks about, or conduct related to a person's legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance The city acknowledges this policy cannot possibly predict all situations that might arise, and also recognizes that some employees can be exposed to disrespectful behavior, and even violence, by the very nature of their jobs. Section 12.01 Applicability Maintaining a respectful public service work environment is a shared responsibility. This policy is intended to express to all employees, volunteers, members of boards and commissions, applicants, contractors/vendors, elected officials and members of the public the expectations by the City of Orono for respectful workplace conduct both in the workplace and other city-sponsored social events. Section 12.02 Abusive Customer Behavior 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. 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. 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. Section 12.03 Types of Disrespectful Behavior The following behaviors are unacceptable and therefore prohibited, even if not unlawful in and of themselves: 1. Violent behavior includes the use of physical force, harassment, bullying or intimidation. 2. Discriminatory behavior includes inappropriate remarks about or conduct related to a person's legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance. 3. Offensive behavior may include such actions as: rudeness, angry outbursts, inappropriate Page 53 of 167 If employees see or overhear what they believe is a violation of this policy, employees should advise a supervisor, the City Administrator, or city attorney promptly. Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below. 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. In the event the disrespectful behavior occurring involves the employee's supervisor, the employee should contact human resources, the supervisor's manager or the City Administrator. Step 1(a). If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions. Politely request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical,bring a witness with you for this discussion. Step 1(b). If you fear adverse consequences could result from telling the offender or if the matter is not resolved by direct contact, go to your supervisor, human resources, your supervisor's supervisor, or the city administrator. The person to whom you speak is responsible for documenting the issues and for giving you a status report on the matter. In some situations, such as with an offender from the public it is preferable to avoid one on one interactions. Talk to your supervisor about available options to ensure there are others available to help with transactions with the offender. Step 1(c). The city urges that conduct which is viewed as offensive be reported immediately to allow corrective action to be taken through education and immediate counseling, if appropriate. It is vitally important you notify a supervisor, the city administrator, the mayor or councilmember of promptly of your concerns promptly. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor or the city administrator. Step 2.If, after what is considered to be a reasonable length of time(for example, 30 days),you believe inadequate action is being taken to resolve your complaint/concern,the next step is to report the incident to the city administrator, the mayor or the city attorney. Section 12.05 Supervisor's Response to Allegations of Disrespectful Workplace Behavior Employees who have a complaint of disrespectful workplace behavior will be taken seriously. 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. A supervisor must act upon such a report even if requested otherwise by the victim. In situations other than sexual harassment and discriminatory behavior,supervisors will use the following guidelines when an allegation is reported: Step 1(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 Page 55 of 167 will be made to the city administrator who will determine how to proceed in addressing the complaint as well as appropriate discipline. 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. 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. In cases such as these, it is common for the city council to authorize an investigation by an independent investigator (consultant). The independent investigator will report his/her findings to the City Council. The city will take reasonable and timely action, depending on the circumstances of the situation. 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. 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. In cases such as these, it is common for the city council to authorize an investigation by an independent investigator (consultant). The city will take reasonable and timely action, depending on the circumstances of the situation. Section 12.07 Confidentiality A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person's name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees' personnel files. 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). Section 12.08 Retaliation The City of Orono will not tolerate retaliation or intimidation directed towards anyone who reports employment discrimination, serves as a witness,participates in an investigation, and/or takes any other actions protected under federal or state discrimination laws, including when requesting religious or disability accommodation. Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation, reprisal or harassment. While each situation is very fact dependent, generally speaking, retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance evaluations or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. Page 57 of 167 Article 13. POSSESSION AND USE OF DANGEROUS WEAPONS Possession or use of a dangerous weapon (see attached definitions) is prohibited on city property, in city vehicles,or in any personal vehicle,which is being used for city business. This includes employees with valid permits to carry firearms. The following exceptions to the dangerous weapons prohibition are as follows: • Employees legally in possession of a firearm for which the employee holds a valid permit, if required,and said firearm is secured within an attended personal vehicle or concealed from view within a locked unattended personal vehicle while that person is working on city property. • A person who is showing or transferring the weapon or firearm to a police officer as part of an investigation. • Police officers and employees who are in possession of a weapon or firearm in the scope of their official duties Page 59 of 167 medical/dental benefit or have service-connected disability (priority group 1,2 or 3). Employees will need to fill out the waiver form. If waiving, upon severance, employee will receive 100% of pay of their sick leave severance pay per Section 14.02 on their last payroll as taxable income. Section 14.04 Continuation of Group Health and Dental Insurance This policy applies to all City employees who retire on or after January 1, 1993, and participated in the City's group health and dental insurance program and met the requirements necessary to receive a disability benefit or an annuity from a Minnesota public pension plan other than a volunteer fire fighter plan. Minnesota law, Minn. Stat. Chapter 43A, provides that upon retirement, an eligible City employee and his or her covered dependents can participate in the group health/dental insurance program at the same premium rate as active employees until age 65. Coverage and level of benefits provided to retirees under age 65 and their dependents must be identical to that provided for active employees and their dependents. Retiree's age 65 and over may stay in the group indefinitely,but premium rates do not have to be pooled with the active employee rates and retiree coverage does not have to be identical to active coverage. The retiree must pay the entire premium. Spouse and/or dependent coverage can be continued after retirement only if the employee carried dependent coverage prior to retirement. Employees are not required to continue spouse and/or dependent coverage after retirement. Page 61 of 167 A written reprimand will: (1) state what did happen; (2) state what should have happened; (3) identify the policy, directive or performance expectation that was not followed; (4) provide history, if any, on the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate consequences of recurrence. Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees' signatures do not mean the employee agrees with the reprimand. Written reprimands will be placed in the employee's personnel file. Suspension With or Without Pay The city administrator may suspend an employee without pay for disciplinary reasons. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans. Qualified veterans,who have completed their initial probationary period, will not be suspended without pay in conjunction with a termination. The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. A copy of the letter of suspension will be placed in the employee's personnel file. An employee may be suspended or placed on involuntary leave of absence pending an investigation of an allegation involving that employee. The leave may be with or without pay depending on a number of factors including the nature of the allegations. If the allegation is proven false after the investigation, the relevant written documents will be removed from the employee's personnel file and the employee will receive any compensation and benefits due had the suspension not taken place. Demotion and/or Transfer An employee may be demoted or transferred if attempts at resolving an issue have failed and the city administrator determines a demotion or transfer to be the best solution to the problem. The employee must be qualified for the position to which they are being demoted or transferred. The City Council must approve this action. Salary An employee's salary increase may be withheld, or the salary may be decreased due to performance deficiencies. Dismissal The city administrator,with the approval of the City Council,may dismiss an employee for substandard work performance, serious misconduct, or behavior not in keeping with city standards. If the disciplinary action involves the removal of a qualified veteran, who has completed his/her initial probationary period, the appropriate hearing notice will be provided, and all rights will be afforded the veteran in accordance with Minnesota law. Page 63 of 167 Article 17. EMPLOYEE EDUCATION AND TRAINING The city promotes staff development as an essential, ongoing function needed to maintain and improve cost effective quality service to residents. The purposes for staff development are to ensure that employees develop and maintain the knowledge and skills necessary for effective job performance and to provide employees with an opportunity for job enrichment and mobility. Section 17.01 Policy The city will pay for the costs of an employee's participation in training and attendance at professional conferences, provided that attendance is approved in advance under the following criteria and procedures: Section 17.02 Job-Related Training and Conferences The subject matter of the training session or conference is directly job-related and relevant to the performance of the employee's work responsibilities. Responsibilities outlined in the job description, annual work program requirements and training goals and objectives that have been developed for the employee will be considered in determining if the request is job-related. The supervisor and the city administrator are responsible for determining job-relatedness and approving or disapproving training and conference attendance. Section 17.03 Job-Related Meetings Attendance at professional meetings directly related to the performance of the employee's work responsibilities require the advance approval of the employee's supervisor. Section 17.04 Request for Participation in Training and Conferences The request for participation in a training session or conference must be submitted in writing to the employee's department head. All requests must include an estimate of the total cost (training session, travel, meals, etc.) and a statement of how the education or training is related to the performance of the employee's work responsibilities with the city. Section 17.05 Out of State Travel Attendance at training or conferences out of state is approved only if the training or conference is not available locally. All requests for out of state travel are reviewed for approval/disapproval by the city administrator. Section 17.06 Compensation for Travel and Training Time Time spent traveling to and from, as well as time spent attending a training session or conference, will be compensated in accordance with the federal Fair Labor Standards Act. Travel and other related training expenses will be reimbursed subject to the employee providing necessary receipts and appropriate documentation. Section 17.07 Memberships and Dues The purpose of memberships to various professional organizations must be directly related to the betterment of the services of the city.Normally, one city membership per agency, as determined by the city administrator is allowed, providing funds are available. Page 65 of 167 Article 18. OUTSIDE EMPLOYMENT The potential for conflicts of interest is lessened when individuals employed by the City of Orono regard the city as their primary employment responsibility. All outside employment is to be reported to the employee's immediate supervisor. If a potential conflict exists based on this policy or any other consideration, the supervisor will consult with the city administrator. Any city employee accepting employment in an outside position that is determined by the city administrator to be in conflict with the employee's city job will be required to resign from the outside employment or may be subject to discipline up to and including termination. For the purpose of this policy, outside employment refers to any non-city employment or consulting work for which an employee receives compensation, except for compensation received in conjunction with military service or holding a political office or an appointment to a government board or commission that is compatible with city employment. The following is to be considered when determining if outside employment is acceptable: • Outside employment must not interfere with a full-time employee's availability during the city's regular hours of operation or with a part-time employee's regular work schedule. • Outside employment must not interfere with the employee's ability to fulfill the essential requirements of his/her position. • The employee must not use city equipment, resources or staff in the course of the outside employment. • The employee must not violate any city personnel policies as a result of outside employment. • The employee must not receive compensation from another individual or employer for services performed during hours for which he/she is also being compensated by the city.Work performed for others while on approved vacation or compensatory time is not a violation of policy unless that work creates the appearance of a conflict of interest. • No employee will work for another employer, or for his/her own business,while using paid sick leave from the city for those same hours. • Departments may establish more specific policies as appropriate, subject to the approval of the city administrator. City employees are not permitted to accept outside employment that creates either the appearance of or the potential for a conflict with the development, administration or implementation of policies, programs, services or any other operational aspect of the city. Page 67 of 167 8. Employees taking a lawful drug, including prescription and over-the-counter drug, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee's responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety-sensitive functions. 9. Violations of this policy will result in disciplinary action, up to and including termination, and may have additional legal consequences. Employees may be subject to drug testing and may be disciplined,suspended,or terminated after testing positive for drugs. Supervisors are authorized under this policy section 22.03 to send an employee home if the employee's behavior creates a potential health or safety issue for the employee or others. Section 19.01 Drug/Alcohol Testing Policy. See Appendix I for policy. Page 69 of 167 Article 21. CITY TECHNOLOGY Section 21.01 Purpose The purpose of this policy is to set standards and procedures that protect the security and integrity of the City's electronic communication and information systems from business interruption, misuse, and/or unauthorized or inappropriate use and access. The full policy can be found in Appendix D. Section 21.02 General Information This policy serves to protect the security and integrity of the City's electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. Computers, cell phones and mobile electronic devises issued by the City to staff, elected official or appointed officials' property of the City. The City reserves the right to inspect, without notice, all data, emails, files, settings, or any other aspect of a City-owned computer or related system, including personal information created or maintained by an employee. The City may conduct inspections on an as-needed basis as determined by City Administrator or City Council. Beyond this policy, the city's Information Technology Department may distribute information regarding precautions and actions needed to protect City systems; all employees are responsible for reading and following the guidance and directives in these communications. Section 21.03 Personal Use The City recognizes that some personal use of City-owned computers and related equipment has and will continue to occur. Some controls are necessary, however, to protect the City's equipment and computer network and to prevent abuse of this privilege. Reasonable, incidental personal use of City computers and software (e.g., word processing, spreadsheets, email, Internet, etc.) is allowed but should never preempt or interfere with work. All use of City computers and software, including personal use, must adhere to provisions in this policy, including the following: • Employees shall not connect personal peripheral tools or equipment (such as printers, digital cameras,disks,USB drives, or flash cards)to City-owned systems,without prior approval from the Information Technology Department If permission to connect these tools/peripherals is granted, the employee must follow provided directions for protecting the City's computer network. • Personal files should not be stored on City computer equipment. This also applies to personal media files, including but not limited to mp3 files, way files, movie files, iTunes files, or any other file created by copying a music CD, DVD, or files from the Internet. Information Technology staff will delete these types of files if found on the network, computers, or other City-owned equipment. Exceptions would be recordings for which the City has created, owns, purchased, or has a license. • City equipment or technology shall not be used for personal business interests, for-profit ventures, political activities, or other uses deemed by the City Administrator to be inconsistent with City activities. If there is any question about whether a use is appropriate, it should be forwarded to Information Technology Staff for a determination. Page 71 of 167 • Use caution or avoid corresponding by email on confidential communications (e.g., letters of reprimand, correspondence with attorneys, medical information). • Do not open email attachments or links from an unknown sender. Delete junk or"spam" email without opening it if possible. Do not respond to unknown senders. • Do not use harassing language (including sexually harassing language) or any other remarks, including insensitive language or derogatory, offensive, or insulting comments or jokes. Section 21.07 Electronic Calendars. A shared calendar environment is provided as part of the City's email software program.All employees are required to keep their electronic calendar up to date and, at a minimum, must grant all staff the ability to view their calendar. Section 21.08 Personal Devices. Employees may choose to use their own equipment to read or compose email or other City data as governed in this policy.Employees understand that by connecting their personal equipment to the City's email server, their personal devices could be searched during an e-discovery or other court- ordered scenarios, and agree to grant access to their personal devices should such a situation arise. Section 21.09 Security. Passwords Employees are responsible for maintaining computer/network passwords and must adhere to these guidelines: • Password requirement will be established according to best industry practice and may be changed as necessary, as determined by the Information Technology Staff. • Employees must change passwords when prompted. • Passwords should not be shared or told to other staff If it is necessary to access an employee's computer when he or she is absent,contact your supervisor or the department head; Information Technology Staff will not provide access to staff accounts without approval of the Department Head. • Passwords should not be stored in any location on or near the computer, or stored electronically such as in a cell phone or other mobile device unless further locked by a password or pin. Network access Non-City-owned computer equipment used in the City's building should only use the wireless connection to the Internet. Under no circumstances should any non-City-owned equipment be connected to the City's computer network via a network cable. Personal computer equipment may not be connected to the City's network without prior approval of the Information Technology Staff Personal equipment may be subject to password requirements or other electronic security measures as determined by the Information Technology Staff. Remote Access to the Network Examples of remote access include, but are not limited to: Outlook Web Access (web mail), virtual Page 73 of 167 Storing and Transferring Files If you are unsure whether an email or other file is a government record for purposes of records retention laws or whether it is considered protected or private, check with your supervisor.If you are unsure how to create an appropriate file structure for saving and storing electronic information, contact the City Clerk. Employees must adhere to these guidelines when transferring and storing electronic files: • All electronic files must be stored on identified network drives and folder locations. The City will not back up documents stored on local computer hard drives, and holds no responsibility for recovery of documents on local computer hard drives should they fail. Files may be temporarily stored on a laptop hard drive when an employee is traveling/offsite; however, the files should be copied to network as soon as possible. • Electronic files, including emails and business-related materials created on an employee's home or personal computer for City business,must be transferred to and stored in designated locations on the City's network. City-related files should not be stored on an employee's personal computer, unless otherwise defined in this policy. • All removable storage media(e.g., CD-ROM, flash or USB drive, or other storage media)must be verified to be virus-free before being connected to City equipment. • Email that constitutes an official record of City business must be kept in accordance with all records retention requirements for the department and should be copied to the network for storage. • Email that is simple correspondence and not an official record of City business should be deleted (from both the "Inbox" and the "Deleted" box) as soon as possible and should not be retained by employees for more than three months. The City will not retain emails longer than one year on the network or in network back-ups. • Electronic files or emails that may be classified as protected or private information should be stored in a location on the City's network that is properly secured. • Any files considered private or confidential should not be stored anywhere other than the City's network. If there is a need to take confidential information offsite,it must be stored on encrypted media; Information Technology Staff can assist in the encryption of media. Section 21.12 Electronic Mobile devices (including Cell Phones) Electronic mobile devises are intended for the use of city staff, elected officials and appointed officials in the conduct of their work for the city. Supervisors are responsible for the Electronic mobile devises assigned to their employees and will exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent personal use of such telephones or equipment provided that: • Its use in no way limits the conduct of work of the employee or other employees. • Use of public resources for personal gain and/or private use including,but not limited to,outside employment or political campaign purposes, is prohibited and subject to disciplinary action which may include termination and/or criminal prosecution, depending on the circumstances. Incidental and occasional personal use may be permitted with the consent of the supervisor. • Personal calls and communications will be made or received only when absolutely necessary during work hours. Such calls must not interfere with working operations and are to be Page 75 of 167 allowed upon the supervisor's discretion. Section 21.14 Procedures It is the objective of the City of Orono to prevent and correct any abuse or misuse of the city network, computers, mobile electronic devices and cellular telephones through the application of this policy. Employees who abuse or misuse may be subject to disciplinary action. Section 21.15 Responsibility The city administrator, or designee, will have primary responsibility for implementation and coordination of this policy. All supervisors will be responsible for enforcement within their departments. Page 77 of 167 Article 23. EMPLOYEE RECOGNITION Pursuant to Minn. Stat. § 15.46, the City recognizes that a formal employee recognition and preventative health program is an important component of the City's benefit package and helps attract and retain quality employees. The City takes great satisfaction in the accomplishments and wellbeing of its employees and extends recognition in the following ways: Section 23.01 Service Recognition The purpose of the employee recognition program is to acknowledge employees who have contributed years of service to the City of Orono and its citizens and recognize them with a token of appreciation for their dedication and commitment. Employee service recognition shall be based on an individual's length of service with the City of Orono. Length of service shall be based on consecutive years of service as an employee in a regular full-time or regular part-time position. Section 23.02 Service Awards and Events Employee service recognition awards,provided by the City,will be presented to employees as follows: • 5 years: Plaque of Appreciation • 10 years: Engraved bar will be added to plaque • 15 years: Engraved bar will be added to plaque • 20 years: Watch(Or Similar Up to $350) and Engraved bar will be added to plaque • 25 years: Engraved bar will be added every five years after 25 years The awards for years of service will be presented by the City Administrator or designee,with assistance from the recipient's supervisor at an annual employee recognition event held during normal business hours. Employee recognition events shall include an annual luncheon or picnic, retirement,resignation with 5 or more years of service, and new employee events. Human Resources will coordinate with the employee reaching their milestone on their watch preference. Annual Employee Recognition Events All regular full-time and part-time employees will be invited to attend the City's annual luncheon and annual summer picnic held during normal business hours to thank them for their work throughout the year. A staff committee and Human Resources will organize the events. Employee Wellness All regular full-time and part-time employees will be invited to attend the City's wellness event(s)held during normal business hours to promote a healthy workplace and educate staff on City benefits.Human Resources will organize the event(s). New and Annual Employee Logo Wear Current full-time and part-time employees will receive a credit of$50 to purchase City logo wear per year. All new full-time employees will receive a credit of$60 to purchase City logo wear in their first year of service. If purchase exceeds the allowable credit, employee will need to reimburse the City for the remaining balance of their purchase. New part-time employees will be issued one top (polo, t-shirt, vest)per year. Employees do have the option to purchase additional logo wear outside their credit limit. Page 79 of 167 Appendix A. Performance Evaluation Process and Forms Page 81 of 167 Annual The employee input portion is completed by the employee January Review— and then provided to the supervisor for review and 1-15 Employee preparation of the supervisor's assessment. The employee Input should review the last evaluation form that was prepared to determine if he or she has achieved the listed goals. Thereafter, the employee should prepare a list of key results and accomplishments for the period. w Annual Prior to meeting, the supervisor should review the last January Review- evaluation form that was prepared to determine if goals were 15-31 oSupervisor met and whether the items listed in"Areas of Improvement" Assessment have been addressed. The supervisor should then prepare Evaluation responses for discussion with the employee during the current evaluation process. When completing the form,the supervisor should use specific examples of conduct to formulate comments. The supervisor and employee will meet to discuss the current January evaluation and set goals for the coming rating period. They 15-31 Goal should meet in an atmosphere that is both private and free of Setting interruptions, and the supervisor should take particular care Meeting to make the meeting a priority. There should be an open and honest exchange where each is permitted to state his or her opinion regarding the answer to any section. After the meeting, the supervisor will finalize the evaluation NLT 31 January form including any additional comments. If an employee Department disagrees with a particular answer, he or she may note the Director Review disagreement on the form or by attaching a separate document. When the form has been completed, it will be signed by the employee, the supervisor, and the department director. The supervisor will provide the original copy to Human Resources, will keep a copy in his or her files, and will provide a copy to the employee. Page 83 of 167 better, and agree on next steps. Ongoing check-ins promote progress toward goals by providing opportunities for feedback and support. Having regular meaningful conversations is key to on-the-job learning which is the single most important way people improve and grow at work. The ideal frequency of check-in discussions depends upon the work, the person,and any department practices. For most roles,ongoing check-in conversations around goals should happen at least quarterly, and they can be as short as 15 minutes. The following are recommended are the steps for a check in: 1) Discuss Roles and Responsibilities for Check-Ins Discuss expectations for what you, the supervisor, and your direct report are each responsible for. A good time to do this is at the beginning of the performance cycle, once the annual goals are set and revisit as needed. If one or both of you are not taking ownership for your role in check-ins, this is an important place to start your next check-in conversation. 2) Review and Update Goals Ongoing check-ins by design are centered on goals. 3) Evaluate Current Progress And Provide Comments To Support Performance And Development Discuss and evaluate progress toward goals; this does not need to be a formal assessment. Provide feedback about the goals based on your observations, feedback from others, and the updates that the employee has shared. 4) Determine Next Steps. Determine What do they need to support them in this work(additional information, resources, skills, training, opportunities to practice, etc.)? Discuss Agree on next steps for the work, for the person's development, and for your future check-ins: • What are the person's next steps and when will these next steps be taken? • What are your next steps as their supervisor and when will you take them? This can be a simple conversation or a more detailed, formal process. Consider what makes the most sense for the work, for the individual, and what practices and expectations exist within your organization. Document Take a note of this information as reference for future check-ins, especially since it will help inform the formal evaluation at the end of the year: updated goals, summary of progress and next steps. Page 85 of 167 how they are performing relative to the expectations for their role. 6) Discuss The Review With The Employee This is the most important part of the process. Key point: Context If you had formal or informal ongoing check-ins throughout the year, summarize these discussions in the annual review conversation to provide context. Narrative Discuss the narrative, the performance rating, and the rationale for the and Rating rating the person received. Discuss both the results the person achieved as well as how they achieved those results (i.e., behaviors). Input Ask the employee to share their thoughts and opinions on each portion of the review. Show If anything surprises the employee (particularly anything negative), Empathy consider whether this is the first time they are hearing it. If it is,then let them know that you are aware that this is new information to them and give them time to consider what they have heard. Give time Before and during review discussion: Provide employees with a written review prior to your discussion so that they a chance to familiarize and reflect. If they react defensively expect that they will need time before they can have a productive conversation about how to address the information. If the employee is receiving regular feedback and coaching throughout the year, nothing in an annual review should be a surprise. 7) Set Goals and Developmental Activities for the Upcoming Year If you aren't already doing so, consider setting broad annual goals for next year and then using ongoing flexible goalsetting for specific shorter-term goals. Keep the broad goals specific, important and measurable. The review session is often a good time to begin creating a development plan. Focus on the specific behaviors and skills that will help the person be successful in achieving the goals ahead. Forms A. New Employee Initial Counseling B. Ongoing Check In Record C. Annual Review—Employee Input D. Annual Performance Review Example Forms Attached A. New Employee Initial Counseling B. Ongoing Check In Record C. Annual Review—Employee Input D. Annual Performance Review Page 87 of 167 DEVELOPMENT/TRAINING GOALS Inchoate specific training or development goals for the evallicrtion period. GOAL# GOAL DESCRIrTION 2 3 SIGNATURES By signing below.both pales acknowledge that This document accurately reflects the expectations tor improvement and that failure to adhere to the outlined requirements may result in further action. (MPLOVEE NAME EANTIOYM SIGNATURE DATE Omni/MOE NAME EIANNITMONSIGNANDN DATE By&ivniv beiow,d&onatiterA he hers tuvievied the above.r&forth. DETAINMENT HEAD NAME DETAINMENT MEAD SIONADME DATE Page 89 of 167 SUPERVISOR FEEDBACK Provide feedback on progress on goal achievement and any additional fluicinrce to move forward AREAS FOR IMPROVEMENT Identify any(peas requirement improvement and a plan to achieve that improvement. SIGNATURES By signing below,both parties acknowledge that This document accurately reflects the expectations for invroverneni and that lailure to adhere to the autined requirements may result in further action_ EMPLOYEE NAME EMPLOYEE-SIGNATURE DATE SIMERVISOR NAME SUPERINSIX SIGNATURE DATE By*ring below doh<irtmool hood has royinwerl they iohave sot frAth DEPARTMENT HEAD NAME DEPARTMENT HEAD SIGNATURE DATE Page 91 of 167 GROWTH AREAS List I:wens/items/challenges you would like to have done betteriachve Lring the evaluation period and how you plan to- improve upon the areasfiterm/challenges during the next evaluation period PROFESSIONAL DEVELOPMENT/TRAINING List your development/training ochevements for the evaluator)period. ORGANIZATION FEEDBACK QUESTION COMMENT/FEEDBACK/EXAMPLES I know what is expected of toe at work?1 0 Yes kinderstond the mission and goals of my Deportment and the City? No I have the support,rnateriab and equipment!need to perform my job well 0 YeS [Clear directions,access to supervisor. 0 No toolOeduibment,training' Do I receive enough relevant feedback at 0 Yes vioak0 No ADDITIONAL COMMENT/FEE DBACK!EXAMP LES SIGNATURES EMPLOYEE NAME 1 - EMPLOYEE SLOMAIIME DATE Page 93 of 167 Leads;Creates a positive work environment focusing on teamwork.mutual respect and trust.Gains commitments horn arganizalian members by setting the example.efler live communication,and maintaining discip►ne,Creates a culture'.vtllch fasters individual ymotivation,Ensures teams is property trained and performs task in a sate manner, o Plans.Sets goals and objecfives,consistent with cityideporiment goats,and develops al >r plans to achieve the desred goals.Schedules work rk activities effectively.arranges • workload to resources available to get desired result,allows flexibility in planning to • accommodate changing needs by adopting alternate pions,and copes we'll with fa,. unexpected occurrences through proper planning, Risourc•Management:Develops Jamb in devetopiry tire organization budget covering all functions and monitor expenditures to ensure compliance v.sth the budget Ensures the care maintenance of organization equipment.faculties and supplies. Achieves:Plans and coordinates both internal and external activities and resources to ensure successful completion of the organizations mission and goals. ADDITIONAL COMMENT/FEEDBACK,EXAMPLES OVERALL ANNUAL ASSESSMENT Provide an overall assessment of the employee's perlorniance during the evaluation period.Group by ogees of responsibility,For supervisors include ossessrnent of management and leadership, Page 95 of 167 NEW EMPLOYEE INITIAL COUNSELING FORM -Art-r7y John Doe RLA.k n•LE Parks Maintenance Worker 5/15/2025 \AP:F. NATF rvAtuAtioN 5/13/2025 SLPERVISOR Jane Blue DEPARTMENT Parks PERIOD 11/13/2025 JOB DESCRIPTION This position performs a wide range of tasks to maintain the city parks, trails, natural/open space, grounds, playground equipment, and lake access points. This position will require the use of a variety of equipment and tools. Occasional help may be required for public works and the golf course. KEY ONBOARDING REQUIREMENTS kierthty key OnbOardir10 ilerni the ernalbyee must occootoiso lO roeet the requirements of the pOsitiOn and to be successfut REQUIREMENT DUE DATE Administrative enrollment 5/28/2025 PPE Issuance 5/17/2025 Equipment Certification on chainsaw,skid steer and mowers 8/13/2025 Complete State Certification for pesticide application 9/13/2025 Complete all annual safety training 9/13/2025 GOAL SETTING Provide specific goats as they relate lu posNieri for the evaluation period Group by areas of responsibility as applicable. GOAL it GOAL DESCRIPTION I Familiarization-visit each park in the system to become familiar with their layout maintenance needs and location. 2 Complete one round of inspections on Playground Equipment. 3 Successfully operator equipment for snow and ice operations on city trails,sidewalks and parking lots. 4 Successfully complete irrigation stat up procedures this spring. 5 Complete/assist coordinating preventive maintenance activities for parks and Golf Course equipment. 6 7 a reach out to HR for continuation sheet if needed Page 97 of 167 EMPLOYEE ONGOING 0 CHECK-IN FORM ""1."-'Y5e John Doe "sc."""N 7/15/2025 roir •'In F PW Streets Supervisor NAPA DAR SUPFV.VriOR Jane Blue DEPARIMFN3 Public Works EvAtuanon 1/1/2025- PI Pion 6/30/2025 GOALS Cops/and paste the souls s-et at the beginning of the evaluation period here. GOAL 0 GOAL DESCRIPTION Roads:Continue to improve our po o e patc ing q • ity.Gel our preventive emaintenance I one.Continue the work on the targeted street sweeping plan.Focus efforts on reducing the amount of salt we use on our streets. 2 Stormwateri In 2020 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified arc completed. 3 Equipment:Continue to work equipment into our asset/work management system.Lead the implementation of a preventive(proactive)maintenance system for 2020. 4 5 6 7 8 DEVELOPMENT/TRAINING GOALS Copy and paste the development and trciining goals set al the beginning of the evaluation period I iere. GOAL 4 GOAL DESCRIPTION Comp ete 40 ours o pro essi• dev:opment training an' recoil'cation s.Sanitary sewer recert;S a.eTree recert,APWA Winter conference continuing education;Cartegraph administrator certification. 2 3 EMPLOYEE INPUT Provide updates on progress towards goals and any assistance and/or directions you need from your supervisor to progress towards your goa-s. Roads,Salt usage in the start of this year is down 20%from previous 2 years.I've instituted a new sweeping program with the spring sweeping completed successfully. Stormwater.Eve completed the remaining MS-4 inspection that had not been completed in 2019.Eve noted one key improvement for 2020 and am working to ensure we have sufficient funding.This spring we did not have ant spring thaw flooding situations due to proactive maintenance of the system. Equipment The overall equipment readiness continues to improve with down time reduced form the same time last year.We completed new equipment training for the new Toolcat prior to its use for winter trial maintenance. Leadership and Management:We've successfully on boarded two new employees.So far to date we arc under budget on the budget lines I'm responsible for.We had no reportable accidents in the first 6 months of the year. Training-I completed my shade tree recert via online training.Slightly behind on the Canegraph training.Other training is scheduled, Usr a continuation sheet n'necessary Page 99 of 167 ANNUAL REVIEW EMPLOYEE INPUT E/A70,;)EE John Doe ROIT•TM. PW Streets Supervisor DISCUSSION 7/15/20,5 NAMt OArk suriRvisoR Jane Blue OFPAPINUNT PW Superintendent EVALUATION I/1/2025- ptcoo 6/30/202 5 GOALS Copy and paste the goals set of the beginning of the evaluation period here. GOAL Or GOAL DESCRIPTION 1 Roads:Continue to improve our pa ole patching quality.Get our preventive bi-', e maintenance done.Continue the work on the targeted street sweeping plan.Focus efforts on reducing the amount of salt we use on our streets. Stormwater:In 2020 focus on ensuring the numerous storm water maintenance tasks that have been identified and will 2 be identified are completed. Equipment:Continue to work equipment into our asset/work management system.Lead the implementation of a 3 preventive(proactive)maintenance system for 2020. 4 Use a continuation sheet if necessary 6 7 8 DEVELOPMENT/TRAINING GOALS Copy and paste the development and hafting goa set at the beginring of the evaluation period here. GOAL 4 GOAL DESCRIPTION Recertify shade tree certification. 2 Complete defensive drivers training 3 Attend fall APW A conference to complete continuing education requirements. KEY ACCOMPLISHMENTS List at Feast three(3J items/areasichalenges that you have accomplished or felt were successes during the evaluation period.Group by areas of responsibility and tie to goals set at the beginning of the evaluation period. Roads:Salt usage in the start of this year is down 20%form previous 2 years.I've instituted a new sweeping program with this year's sweeping completed successfully. Stormwater:I've completed the remaining MS4 inspection that had not been completed in 2019 as well as all of those due in 2020. This spring we did not have any spring thaw flooding situations due to proactive maintenance of the system.Managed the successful completion of 73 Stormwater maintenance tasks in 2020. Equipment The overall equipment readiness continues to improve with down time reduced form the same time last year.We completed new equipment training for the new Toolcat prior to its use for winter trial maintenance. Leadership and Management:We've successfully on-boarded two new employees.The department finished the year under budget on the budget lines I'm responsible for.We had no reportable accidents this year. Use a continuation sheet if necessary Page 101 of 167 ANNUAL REVIEW PERFORMANCE EVALUATION EMPLOYEE John Doe FOE HILL PW Street Supervisor Di'ic:-.Issicoi 1/21/2025 : V AME DATE s UP ERVISOR Jane Blue DEPARTMENT PW Superintendent EVALUATION 1/1/2025- PERIOD 12/31/2025 RATING -1"AppyapticiTe Box.Cornments required for"Exceeds Expectottons-and"t leech Impluverrierit". 6 Please , e in C xplain why OtYlrfierilileoOMplei and'what(WI it./IS Ore tolie 10<en, CD -Exceeds Expectations:Performance is exceationol and usually exceeds job recpiremenis.Meets Expectations:Meets all job Requirements_ Needs Improvement Perlonnance h below Mandarch and requirementu et the Xob. ,ra i.. E I, Valves:Deploys the Valves al Honesty,Integrity.Service.Coital:so-ration.and Excellence X 2 Punctuality and Affenclorico:Meet rer.qialreart work horirs.owl arrives pursClatally to w'vt a and SCheduled Meetings X - Accountability:ACCeptS reSpOnSibilly ler()charts and/al OCCOMPliShinentS, X a_ Job Knowledge;Possesses and oppkas the necessary, knowledge and nies..harical skills x th for the position. Ti Proleisionol Development Participates in training programs,fakes advantage of a 5 educcifiond apportunitlei.reads psolestionol oubic.otionis to stay current on new X devements and methods regaled to paSittart 111111.PACMSPIPM•411 Or one work to use time elfectlyety and oricloopy,work5 X effectively under heavy workload and meets asgreed-Lipon stated deadlines_ Initiative:Willing to accept new and/cr addilional responsibilities_Completes tasks with little supervision Suggests rnproYernents to existing procedures. X • tietition Molting_Demonstrates eftectlie deciston-rnoking skils.Regulcarly exercises X sOund vagement,Thinks gLickiy and logically.Demonstrates ability to evaluate protaerns and X situations colmly and Identity prOblern Of&OS which need to be OCkiiessecl, Quallhi;FdlOwS Eline010115 and asks questions as necessary lo meet desired results lstiork X accurate and lhorough,Suggests ways to improve warty,Checks work to ensure good quality? Safety:Follows safety rules and demonstrates safe work practices.Provide comment on X any Of:641-14rItt,Priiiiprrie-)111 ilomrice ino,ry'ec-I over ine post f r i log rifffiad, 4 Communicarron:Demonstrates estfec Frye Ural caeorrAinicarbon Ails and conveys e Lnlormo1iran X • ; in a clear and concise manner.Demonstrates effective vni:len communication skills aril U conveys ideas and iniamsation in'mitten format. 4 * E ii Cooperation:Cooperates with peers and immediate supervisor to accomplish work iI effectively and efficiently:helps create and maintain good working relationshis,and X provides effective assistance. iCustomer Service:When dealing with residents,customers.or the general public is CaufteauS,palife patient poirtrve and relalvl,Listens diS4Dby1 empathy arid responds in a'timely manner,keeps customers intorriren Page 103 of 167 ANNUAL REVIEW OVERALL Overall performance scoring related to position requirements.Select only one. OUTSTANDING EXCEEDS MEETS EXPECTATIONS NEEDS IMPROVEMENT NOT EFFECTIVE EXPECTATIONS Performance is Performance is A fully competent. Performance is below Perforrnxance is well Distinguished in all exceptional in the highly valued the standards and below standard and aspects of the major aspects of the per fanner. requirements of the unacceptable. Position. position, position. ❑ ❑ ❑ ❑ ❑ GOALS Set goals lot the next evaluation period Isere, GOAL a l GOAL DESCRIPTION ' : ontinuc to improve pot o e pat ing. ity. .et our preventive.ri.gc maintenance.one .ntinue wor on target ." street sweeping plan with emphasis on tracking AMS4 requirements.Focus efforts on reducing the amount of salt used on streets. 2 Starmwater.In 2021 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed.Continue to refine the h1S1 3 Equipment:Continue to work equipment into our asset!work management system.Lend the implementation of a preventive (proactive)maintenance system for 2021. 4 5 Use a continuation sheer if necessary 6 DEVELOPMENT/TRAINING GOALS Set the development and training goats for the next evaluation period here. GOAL If GOAL DESCRIPTION Compete Commercial Driver relicenstng 2 Begin APWA Public Works Supervisor certification course with goal of completing in 2 years. SIGNATURES By signing below,both parties acknowledge that Ibis document accurately reflects the expectations for improvement and that failure to adhere Ia the outlined requirements may result in further action. EMPLOYEE NAME EMPLOYEE SIGNATURE DATE SUPERVISOR NAME SUPERVISOR SIGNATURE j DATE By signing below,department head has reviewed the above set forth, Demin EN 1 HEAD NAME DEPARTMENT NEAR SIGNATURE DATE Page 105 of 167 Tuition Reimbursement Policy Purpose The purpose of this plan is to provide guidance in the administration and participation of the tuition reimbursement program for City of Orono Staff members. Definitions • Tuition Reimbursement Form— The document completed by an employee requesting tuition reimbursement as approved by the City Administrator. • Tuition Cost — The amount of money charged by an institution for participation in class(es) including all fees, service charges, textbooks and other expenses. • Educational Planning Statement—A statement of the employee's educational goals,how those goals will benefit the City of Orono in fulfilling its mission,the courses the employee is going to take to achieve those goals, the approximate tuition cost the for which the employee is seeking reimbursement and the time frame the officer intends to use to complete the educational goals. • Reimbursable Amount — The amount of tuition cost that will be reimbursed to an employee. May include all or only a portion of the tuition cost based on available funds, up to a limit of 2 classes per semester, and must be approved by the City Administrator. Procedure All tuition reimbursement will be incumbent upon the amount of money available to the City of Orono at the time application is made. Monies for reimbursement can come from a combination of several sources such as private donations, grants and available training money. • The employee will be responsible for filling out the Tuition Reimbursement Application Form, completing an Educational Planning Statement and turning it in to their Department Head. After review, the Department Head shall forward the application and statement to the City Administrator with a written recommendation. The Department Head shall forward this information to the City Administrator no later than seven days after receipt. Improper or inadequate applications and/or statements shall be returned to the employee. • Upon receipt of the Tuition Reimbursement Application Form and the Educational Planning Statement, the City Administrator shall approve or disapprove the application on a case-by-case basis based upon whether or not the employee's request is consistent with the mission and goals of the City of Orono and whether or not there are adequate funds available to meet the employee's reimbursement request. The City Administrator shall notify the employee on the outcome. • The employee shall be responsible for providing the Department Head with evidence of satisfactory completion of approved class(es)within 30 days of receipt of grades showing course completion. For our purposes, satisfactory completion of the course means at least a grade of "C" or a "Satisfactory/Pass" and at least a 2.0 GPA. Any grade less than a "C", "Satisfactory/Pass"or lower GPA then a 2.0 shall result in no tuition cost reimbursement for the employee. If the class is not completed, or no grade obtained, the City would not pay. The maximum reimbursement per course will be based on an average course cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the Page 107 of 167 Appendix C. Website Policy Page 109 of 167 • Organizations providing information about tourist attractions in the City's area; • Generally recognized community organizations. Inappropriate links include, but are not limited to, sites which endorse a specific candidate for local, state or federal office, represent a religious position, or operate for-profit. The City of Orono shall not be responsible for and does not endorse the information on any linked website; nor does the City of Orono guarantee the accuracy, completeness or timeliness of the information on those sites. The City of Orono is not liable for defamatory, offensive, or illegal conduct of linked sites. The links from this site to other sites on the World Wide Web do not constitute or imply endorsement or recommendation on the part of the City of Orono. Links to the City website are not controlled. It is the nature of the internet for websites to link to other websites. Administrators from other websites do not have to ask for permission to link to the City of Orono website. It is recommended that websites that link to Orono should periodically verify links for accuracy since page URLs are subject to change without notice. Advertisements No advertisements other than for City-sponsored events, paid or unpaid, will be posted on the City's web site. Disclaimer The City of Orono will make every effort to ensure the accuracy of the information provided on its website. However, due to the possibility of unauthorized modification of the data, transmission errors, HTML browser incompatibilities, human error, changes made since the last update to the website or other aspects of electronic communication that are beyond the City's control,the City does not guarantee the accuracy of the information provided on its website and is not liable for reliance on the information. Training Department Heads shall be responsible for addressing staff training needs as part of the development of their annual budgets in an effort to ensure each user is adequately trained to accomplish their job duties. Annual training needs shall be reviewed with Administration in order to determine if there are cross-Departmental needs. Training needs will be prioritized based on amount of need, training funds available, and applicability to job functions. Page 111 of 167 IT Device Policy and Acknowledgement Purpose These guidelines pertain to City staff and Council Members who are issued a device purchased by the city. The purpose of these guidelines is to outline the responsibilities and care required for city-issued laptops, iPad or tablet devices. The devices are intended to be utilized by City staff and Council Members for the purpose of enhancing meeting workflow, reducing the use of paper agenda packet materials, improving staff efficiency, and to improve the timeliness of Council, staff and resident communication. Authorized Use Issued devices are intended for conducting City business. The city does not maintain loaner devices, so users will be responsible for conducting meetings without a device in the event of a lost or misplaced device. In addition, the user must adhere and are subject to the following: • Devices shall be maintained in a suitably charged state during work hours. Inappropriate media may not be used as a screensaver or background photo. Devices will be secured with a minimum eight (8) digit numeric pass code. Sound shall be muted at all times unless needed for instructional purposes. • Personally-owned music, games and apps may only be present on city-issued device when using a personal application store account. • In case a device is restored to its original condition, the user is responsible for restoring any personal content. • City IT department is not responsible for backing up personal related content. • Users may save work locally on the device. It is strongly recommended that users utilize the city-designated online storage technology. • Information stored on the iPad or tablet device could be classified as public, private, or other data and is governed by the Minnesota Government Data Practices Act(MN Statute Chapter 13) and must be treated accordingly. • City staff and Council Members should retain information stored on the iPad or tablet device in keeping with city policies and procedures per the General Records Retention Schedule. Personal/Home Use The, laptop,iPad or tablet device is a powerful computing tool. City-issued devices may be taken home provided the use is consistent with the City's mission, does not interfere with or negatively impact any other person's or entity's rights and work and/or learning environment, and does not conflict with any law. Failure to adhere to the policy shall result in the revocation of such use privilege. Installation of applications is limited to applications that are consistent with the terms listed in this policy and are available through the application store. Installation of additional applications shall be at the sole expense of the user, utilizing their personal application store account. Modification of the device's operating system to allow installation of applications not approved legally Page 113 of 167 Purchase or Return of Device Upon separation with the City, the City staff and Council Members must return the device to the IT department. Upon separation with the City due to the conclusion of the term of office or resignation, the iPad will be returned to the IT department,who will: (1)have the device returned to factory settings and remove any documents, images, files, or media stored on the device and re-issue the unit; or(2) allow the outgoing Council Member or City staff to purchase his or her device at"trade in"value established by a reputable electronic store. Acknowledgement All City staff and Council Members who are assigned an iPad or tablet device shall be provided a copy of these guidelines and shall acknowledge receipt and understanding of the provisions outlined herein. The guidelines may be updated as needed. I agree that I will use the City's laptop, iPad or tablet device in accordance with the specifics outlined in this user agreement. I also understand that use of a city asset is a privilege that may be revoked at any time. Printed Name: Signature: Date: Page 115 of 167 phone number being changed. d. Limiting personal calls, incoming and outgoing, during work hours so as not to interfere with City business or the performance of the employee's job. e. Replacement or repair of the phone. No allowance will be paid when an employee is in a leave status exceeding forty-five(45) days, unless approved by the City Council. No allowance will be paid when an employee is in an unpaid leave status. Approved Uses Employees receiving a City-owned cell phone or cell phone allowance will be responsible for the following: a. Employees are expected to keep their cell phones turned on during their designated working and on-call hours to assure they can be reached. b. Retrieving messages on voice mail if telephone calls are missed on the cell phone. c. Ensuring that use of the phone does not provide a distraction to the employee during work hours. This includes setting the cell phone to a silent alert mode during meetings and other times that an interruption is undesirable. d. Employees in possession of City-owned cell phones are required to care for the equipment in a responsible manner and to take appropriate precautions to prevent theft, damage, and vandalism. e. Providing adequate security for the phone to prevent unauthorized users from accessing work-related telephone numbers or documents stored on the cell phone, including, but not limited to,using a pass-code lock function when available. f. Limited Personal Use Exception: personal use during off-peak and weekend hours is permitted with City-owned cell phones, provided no costs are incurred by the City for such use. If the City does incur costs for employee's personal use, the employee will be responsible for immediate payment of the personal use charges. Unapproved Uses Employees receiving a City-owned cell phone are prohibited from the following: a. Using City-owned cell phones for personal long-distance. b. Use of the equipment for personal profit or gain. c. To transmit, receive or distribute pornographic, obscene, abusive, or sexually explicit materials, or materials containing unclothed or partially clothed people. d. To violate any local, state, or federal law or engage in any type of illegal activity. e. To engage in any form of gambling. f. To engage in any type of harassment or discrimination, including but not limited to sexual harassment and harassment or discrimination based upon Page 117 of 167 coordination of this policy. Violations of this policy will subject the user to disciplinary action in accordance with the personnel policy or collective bargaining agreement. The Division Directors will be responsible for enforcement within their departments. When an employee terminates employment, the Division Director is responsible to ensure that a City-owned cell phone is returned to the City. The City-owned cell phone shall be returned to the City prior to final compensation to the employee. Acknowledgement A Cell Phone Plan and Use Acknowledgement Signature Form will be required to be completed prior to any employee using a City-owned cell phone or receiving a cell phone allowance. As an employee that has been identified as being in a position that requires the use of a cell phone, I acknowledge that I have received the City of Orono's policy on Cell Phone Use and understand that this receipt will be filed with my personnel records. I hereby choose the following: El I will use a city provided cell phone. El I choose to use my personal cell phone. I understand that under current IRS regulations, the reimbursement that I will receive is added to my taxable income. Name (Please Print) My Phone Number is: My Provider is: Employee Signature Date Department Head Signature Date City Administrator Signature Date Page 119 of 167 The City defines an"AI system"to be any data system, software,hardware, application, tool, or utility that operates in whole or in part using AI. This includes: • Machine learning models • Predictive analytics tools • Generative AI systems (e.g., chatbots, text/image generators) • Automated decision-support systems • Facial recognition and biometric systems • Robotic process automation with decision logic Guiding Principles These principles describe the City's values with regards to how AI systems are purchased, configured, developed, operated, or maintained. 4.1. Lawfulness and Compliance AI systems must comply with all applicable federal, state, and local laws, including: • Public records laws • Data protection and privacy regulations • Civil rights and anti-discrimination laws • Procurement regulations • Criminal Justice Information Services (CJIS) regulations 4.2. Transparency The City of Orono shall: • Maintain an AI Use Inventory. • Clearly disclose when residents are interacting with AI systems. • Provide plain-language explanations of AI-assisted decisions that affect individuals. 4.3. Human Oversight Human oversight ensures adherence to relevant laws and regulations. AI systems are developed and deployed with a human-centered approach that evaluates AI powered services for their impact on the public. • AI systems shall not replace final human judgment in high-impact decisions. • Employees remain accountable for decisions assisted by AI. • High-risk applications require documented human review. 4.4. Fairness and Equity AI systems support equitable outcomes for everyone. Bias in AI systems is effectively managed with the intention of reducing harm for anyone impacted by its use. • AI systems must be evaluated for bias prior to deployment. • Disparate impact testing must be conducted for high-impact systems. Page 121 of 167 • Summarizing meetings, reports, or emails that only contain public data; • Generating documents that only deal with public information; • Researching public topics in which the content can be verified by a subject matter expert; and • Brainstorming ideas or generating content drafts. Sensitive data includes: • Personally Identifiable Information; • Financial Information; • Information that is not public per Minnesota State Statute; and • Information that is not ready for public disclosure. The purpose of this policy is not to restrict commonly used grammar aids and spelling review products that have been traditionally utilized. AI platform usage and/or integration into existing tools will require review and approval by the IT Division. All vendors must be reviewed in accordance with City of Orono Risk Classification section of this policy and an impact analysis must be completed before the committee will consider usage. This process can be initiated by contacting the IT Division. Employees who wish to use AI technologies using City data or to generate content (text, images, etc.) need to attend AI training sessions. The training may cover the appropriate usage of AI platforms, including data privacy, security best practices, copyright, and the importance of adhering to the established policies. Please contact IT Division to request the training. Please keep your supervisor informed about how you are using AI in your work. Ensure that AI platform interactions using city data occur on City-owned computers to protect non- public information from unauthorized access or disclosure. Usage must adhere to all relevant laws,regulations, and industry standards, such as data protection and privacy regulations and financial industry guidelines (e.g., Payment Card Industry Data Security Standard(PCI DSS)). Avoid storing or retaining chat logs longer than necessary. Employees must follow the Minnesota Government Data Practices Act. AI-generated content used in city decision making, official communications, or retained work product may be considered government data subject to retention and disclosure requirements by the Minnesota Government Data Practices Act. Employees are responsible for independently reviewing and verifying AI-generated outputs before use, publication, or reliance in City operations. Exercise caution when relying on AI responses for critical decisions or actions. Use these models as a support tool rather than a sole source of information. Page 123 of 167 violation of any other department and city policies, including but not limited to the CJIS policies, Minnesota Data Policies, or code of conduct policy. If City staff become aware of an instance where an AI system has caused harm, staff must report the instance to their supervisor and the city administrator. Examples of instances includes data exposure, discriminatory outcomes, incorrect or false public communications,security compromise,unauthorized automation, incorrect legal or financial outputs. Violations of the AI Policy Violations of any section of the AI Policy, including failure to comply with other City policies, may be subject to disciplinary action, up to and including termination of employment, and related civil or criminal penalties. Violations made by a third party while operating an AI system on behalf of the City may result in a breach of contract and/or pursuit of damages.Infractions that violate local, state,federal or international law may be remanded to the proper authorities. Page 125 of 167 Expense Reimbursement Report Purpose The purpose of this form is intended to cover the reasonable cost of necessary travel, lodging and other miscellaneous expenses incurred by the City's employees in relation to City matters. Guidelines 1. Reimbursement for expenses when traveling on City business must be approved by the Department head. 2. All expenses must clearly indicate a business purpose. 3. Original receipts, charge bills or copies of invoices must be attached for all transactions. 4. Mileage will be reimbursed at the annual rate established by the Internal Revenue Service(IRS) when an employee uses their personal vehicle on City business. 5. See Article 17 for more details. 6. The following form is an example and will be updated and distributed each year by the Finance Department. 2026 Personal Expense Reimbursement Form PLEASE DO NOT STAPLE RECEIPTS TO FORM t:,F/rON\ City of Orono Print Name: d �1J4 P.O.Box 66 ) f Crystal Bay,MN 55323-o066Employee Signature: (952)249-4600 Mileage Miles Other Expenses Date Start End Traveled Destination Mileage$ Meals Lodging Misc. Purpose O $0.00 0 $0.00 0 $0.00 O $0.00 0 $0.00 O $0.00 O $0.00 0 $0.00 0 $0.00 O $0.00 O $0.00 O $0.00 0 $0.00 O $0.00 0 $0.00 0 $0.00 O $0.00 O $0.00 Totals 0 $0.725 $ - $ - $ - $ - $ Page 127 of 167 Position Reclassification Guidelines and Process Purpose and Scope: The City of Orono is committed to maintaining a fair,consistent, and predictable position classification and compensation program for the benefit of all employees. While the City will take reasonable measures to ensure that all positions are accurately reflected in position descriptions and classification points and grades, there may be instances where a formal review of a specific position is warranted. The following information provides guidance related to the general classification methodology used by the City, formal review request eligibility criteria, and the reclassification process. Definitions: Classification Determination is the outcome of the analysis process that results in the allocation of a pay grade level to a position. Comparable position is comparable to the position under review in its functions, responsibilities and accountabilities, direct supervisor responsibilities, and/or organizational hierarchy and scope. Desk Audit is an opportunity for the incumbent to describe the duties and responsibilities of their position and provide illustrative examples. Direct supervisor is to whom an incumbent directly reports and completes the incumbent's annual performance evaluation. Incumbent is an employee who has been appointed to the position under review on a continuous basis or a fixed term. Job Analysis is the process used to measure the relative worth of positions within an organization at a point in time. Position Description (PD) is an approved City document which outlines the primary accountabilities and responsibilities of a position and the essential and desirable criteria required to undertake the position. Reclassification is a change in classification due to an up, down, or lateral pay grade change. Methodology: The City utilizes a formal methodology to conduct position analysis and classification and positions will be scored using a plan adapted from the Hay Method. The model assigned each position a score in the following categories (adapted from the State of Minnesota 2009 Hay Manual): Know-How, Problem Solving, Accountability, and Special Conditions. The following information provides a summary of factors and considerations used to apply this classification method. Know-How represents the knowledge, skills and abilities an employee needs to be successful in a particular job. The Hay evaluation method places the greatest emphasis on Know-How. Know-How is defined as an expert skill, information or body of knowledge that imparts an ability to cause a desired result. The Know-How category is the most heavily weighted category. If a position is more easily learned, the position will point toward the lower end of the scale. Know-How category is further divided into three parts: Depth and Breadth of Job-Specific Knowledge Page 129 of 167 Accountability does not mean being responsible for getting one's own work done. Rather, it reflects responsibility for actions and their consequences and the measured effect of the job on end results, or impact, for the organization. Accountability includes three factors: Freedom to Act/Empowerment, Magnitude, and Job Impact. Freedom to Act/Empowerment involves the degree of personal or procedural control or guidance exercised over the position. For example, what constraints are put on an employee in this job? How closely supervised is the position? What kinds of decisions are made higher up in the organization? Magnitude is the portion of the total organization encompassed by the position's primary purpose. It's most typically indicated by the general dollar size of the area(s) most directly affected by the job, i.e., the resources over which the position has control or influence. A variety of factors are considered such as size of budget is employee responsible for, what degree of influence is held and is this person a decision maker. Job Impact is considered to be indirect (indirect or contributory) or direct and measurable (shared or primary). It involves the way in which the position's actions affect end results in the agency. For example, how does the employee influence the business - directly or indirectly? Does the employee provide advisory or interpretive services for others to use in making decisions? Is the job an information- recording one? Does it provide a necessary service with a relatively small effect on the business of the agency? "Contributory" and "primary" are, by far, the most frequently used options. Information For Direct Supervisors And Staff: The analysis of the work value of a position is the measure of the relative worth of positions within an organization at a point in time. This means that the City of Orono Classification and Compensation compares the work that is performed not only to similar jobs, but also on a scale that encompasses all City positions. Submissions for reclassification of a position(s) may be made by the direct supervisor or an incumbent(s)who occupies the position or group of positions. The incumbent may submit a request for a position reclassification review with or without the support of the unit. However, all updated position descriptions must be reviewed and approved by the related Department Head, the City Administrator, and the Council prior to formal classification review. An incumbent may submit their PD for reclassification no more than once every twenty-four (24) months, unless otherwise authorized by the City Administrator. In addition, in order to be eligible to submit a position for reclassification, an incumbent must be performing the duties, as written, for a minimum of six (6) months prior to initiating the reclassification request and meet the minimum qualifications of the requested classification. Direct supervisors are also eligible to submit requests for position reclassification for positions which fall under their direct management. Where the direct supervisor initiates a reclassification process,there is no requirement to gain the incumbent's agreement to the PD although it is encouraged to have a discussion regarding the document with the incumbent. Page 131 of 167 Step 1: Discussion If there have been significant ongoing changes to the position duties and responsibilities, this may result in a change in the work value of the position and possibility of the need for reclassification. Contact your Department Head or direct supervisor to discuss updating your Position Description (PD). Step 2: Initiate Reclassification Action Incumbent initiates: An agreed upon PD is developed between the incumbent and direct supervisor. Direct supervisor initiates: The direct supervisor submits an updated PD to reflect the revised duties and responsibilities. The direct supervisor, per policy, is certifying that the PD is accurate. Note: To avoid confusion about duties and responsibilities, direct supervisors should discuss any changes to the PD with the incumbent who occupies the position which is proposed to be reclassified. Direct Supervisors are not required to gain the incumbent's agreement to the changes; however, incumbents should be made aware of the pending classification review. Step 3: Routing The direct supervisor routes the updated PD to the appropriate department head and City Administrator for their review. All final updated position descriptions must be formally approved by the City Council before proceeding. Step 4: Position Analysis Once the updated PD has been approved,the City Administrator and Finance Director will undertake an analysis, which may include a desk or phone audit, to review the reclassification documents, and make a reclassification determination,usually within 30 days. All final reclassification determinations must be formally adopted by the City Council. Step 5: Approval If adopted by the council, the direct supervisor will finalize the reclassification action by notifying the incumbent and obtaining a signed copy of the new PD and classification. These signed documents will be retained in the department personnel file to ensure all parties are aware of the expectations of the position. Effective Date Of Reclassification Fair and reasonable time frames will be adhered to throughout the reclassification process. Reclassification requests should be promptly submitted for evaluation and final determination. The effective date of an approved reclassification request should normally coincide with the date the PD is formally adopted by the City Council. In exceptional circumstances, the City Council may determine an earlier effective date of reclassification upon written request. Reclassification Appeal If the incumbent or direct supervisor is not satisfied with the reclassification determination,they may request an appeal. The appeal must be filed within thirty (30) calendar days of receipt of the reclassification determination. The City will engage an objective third party consultant to review the Page 133 of 167 Appendix G. Flexible Work Arrangement Policy Page 135 of 167 require minimal supervision and limited face-to-face contact. Criteria. Flexible work arrangements are discretionary based upon the operational needs of the department, division or work group and must have prior approval by the supervisor, department head and City Administrator. In some cases, a request for family and medical leave or a reasonable accommodation related to a disability may be more appropriate than a flexible work arrangement. Requests for flexible work arrangements will be evaluated on the following criteria: A. Can the employee's job duties,tasks and responsibilities be performed remotely or independent of co-workers or team members? B. Can the work be monitored with quantifiable tasks, quantity and quality measures? C. Is there likely to be an adverse impact on customers or coworkers? D. Will working remotely expose private or confidential data to an unacceptable level of risk? E. Has the employee successfully completed the new hire probationary period? F. Has the employee demonstrated a high degree of skill and job knowledge? G. Does the employee have a proven record of satisfactory job performance and attendance? H. Has the employee consistently demonstrated appropriate self-discipline, self-motivation and the ability to work independently? I. Has the employee consistently demonstrated strong communication skills and the ability to communicate with others in an appropriate form, time and level of detail? J. Are there sufficient funds available to acquire needed resources? Guidelines. General Guidelines. 1) A flexible work arrangement is a business and workplace strategy, not an employee right or universal employee benefit. 2) A flexible work arrangement is not a substitute for paid time off Flexible work arrangement requests are not the same as the occasional need for flexibility. Flexible work arrangements generally last longer than two months and are a regular and predictable part of the employee's work schedule. 3) Not all requests will be accommodated and not all positions are appropriate for flexible work options. 4) The operational needs of the department, division or work group must be met even when an employee has a flexible work arrangement. 5) Performance expectations remain the same regardless of the employee's work schedule or location. 6) Flexible work arrangements are not guaranteed or permanent—they may change as the needs of the department, division or work group change. 7) The supervisor may temporarily adjust work schedule or location as needed to meet the operational needs of the work group. 8) Flexible scheduling is limited to the standard 40-hour work week. All 40 hours must be accounted for in the work week. 9) Flexible work arrangements must not result in additional work for other staff Page 137 of 167 5) A teleworking arrangement cannot substitute for dependent or child care. The remote work site must be free of distractions including demands on the employee's time and attention by dependents. Employees must have the same dependent care arrangements in place when they are teleworking as they would if they were working at a City office. 6) Any work-related accident,injury,or illness that occurs while teleworking should be reported immediately to the employer's supervisor so that a first report of injury can be completed. An employee is covered by Worker's Compensation laws while teleworking. 7) An employee's existing insurance policy(ies) may not include coverage for liability arising out of the use of a residence for a business purpose. Employees are solely responsible for determining an appropriate level of insurance based on their own circumstances. 8) Federal and state tax implications of teleworking and use of a home office are the responsibility of the employee. 9) The teleworker's schedule, including number of teleworking days per week, normal teleworking hours and use of vacation,personal or compensatory time will be discussed with the employee prior to finalizing the teleworking agreement. 10)Unless other arrangements are made, the employee will be expected to attend all assigned office meetings related to the performance of the job, including those held on a teleworking work day. Reasonable attempts will be made to accommodate the teleworker's schedule. 11)The supervisor retains the right to call a teleworker into the office as needed. As such, a teleworking employee must have a designated work area that allows them to report to the office with one hour's notice or within the employee's normal commute. 12)Teleworkers and supervisors are expected to develop an effective communication strategy. Teleworkers must be reachable via telephone or e-mail during agreed-upon work hours. 13)Teleworkers must notify their supervisor if they are unavailable for more than one hour. 14)Travel to and from a City office for the purposes of meetings or other work requirements are not considered eligible for compensation and mileage will not be reimbursed. 15)Ongoing interaction between the employee and his or her work unit should be maintained daily by phone and/or emails. The teleworking employee should be as accessible as they would be in City offices. The only difference is where the work occurs. The arrangement must be seamless to customers. Process. The employee must complete a flexible work arrangement request form and submit it to his/her supervisor. A. The employee and supervisor must discuss the flexible work arrangement request. B. The work group's operational needs must be considered (e.g., impact on work group, co- workers, customers, budget, business needs, etc.) C. Supervisors should specify when the employee is expected to be present at the office, how they are to be available during their offsite work time and how they are to communicate their specific availability, if the flexible work arrangement is approved. D. Flexible work arrangement agreements must be in writing and approved by the supervisor, department head and Human Resources before taking effect. E. Supervisors should evaluate an employee's flexible work arrangement with him/her on an ongoing basis. Page 139 of 167 Flexible Work Agreement Form Employee must request the form from their supervisors. Supervisors will assign the form through the Employee Portal in NeoGov. 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Prima.).Cantata Phone Mimeo., Other E74pc rted Co-nmanicator kithhons wren Teie wonting I .email anclor tennisi The leiewark Localien z' 0 Herne Office 0 Other(please szectit bermi d you.teleuerit locactr s sccievitere other filar a'male atitce,mease specify Die ocator, relemiettiLecatlea Acletess, [ ---- ,„ - , ---. _.---------- —_.- ----- 1 1 Dribe location of worynnece Imlnin The home or other ocater,ink dokrislairs don,dinng room desk ti farrvy morn) Piense provide a itst at Ctty issued Neperty used xx you be lework ocator - -.----- ., - — ---.--,— -- --,--,— -..,----, Ind Cty does rot pre.dere roartters ler 0-iv:names whole onork.I knderstaid that it is try rospons tthxy loinrrnsl any necessary orknariam such as a-n°altar.at rrn own[therefor to effectively win of6cie-ttly perletin my Jr*doges Page 143 of 167 lework Caen:1st 1 understand that I ern responsade for adhering to MI safety çJtoot nes appacable todry normal City-work reect on Mate Wow:Irking,as well as the gulecties outtned mm time telewadlier Serlilrespecttor Sdety CtleatilMt oravided The hallowing deem:1ton is Intended to d4SiSt117C re lowetter to ensure the telmork toe is sate and make you aVAVO of you*responsiailtos as a worker.Yew signmore means that you are aware of your re^yornstietes n these areas.anspection land tie,JVC CET thiS checklist!snoolti be=maimed at least onruaty oty the ineworke:ant forwarded to their supervisor for review.6mooyee and 514-wevisar Iirespenttale to ensure that 1-Urrwi gesoLrees rece Wes a copy of thp record, General Work Enetromnent - Work site to clear,orderly and state.Materials or Nuipmeist we stoned in such a way than sharp prat c‘Chico hIll rot interfere ash the wat4yay.Adequam headroom is prey-tried for the entire length of any isiOe or walkway AldeS and passageways we kept nem There are standard stair rats om handraf1c an in stairways having four en mere steps.Equip:Nees are mina*of al exits and all emtlte we kept free of otnt-uctions. - Ad room ant emitoricim rboti departmental and erapegee.ovaled:,used lag the employee at their Mame for Cay au-Mehemet work is.1 good condition.Want area It adequately Alu Manatee The work area 1.entiatien system b appropriate.to WO*bone roc-formed in Performang Tasks - Work can Co performed without eye then or giant to the employee. ▪ Nock and stir:kit:tem we no stooped to view-the taSc There we no pressure de rtb on any petite ol the body Wrests,forearms,heck of Mgr's! The VAZIN comm be done withei.11 twisting to moody beadele the lower back trots a-Immure nts and,maclancry are shaped positioned and handled comfortabety, • Al mecca of&manure are adttsied,posnioned,and arranged to rri ranee mon cm all pans cf timc body Workplace Postings EMZICIACC awam that stantory trricerrkstIceial posters ant C Ineis are posted and aigulabro far vowing to[Smeary tortktlle.These posters and toLkeuris include xiirw-lria00-1, 01 leave rotes,discarronahen,salery,lnfrJry and itness arewman,wreckers eardensation,and CoheSRA regulatims Amornotalle Safety erraioyeos WIC OpCMC veNcirs or Coy Wryness have a vendee vers.ltorte.are Dperaing vch del In accordance WOO tier teener rerannons,rave rent,understand.ant comply weir Me City E.Vhang Policy Article 20 of City of Orono Personnel Policy). Emergency 1/*reparetetess Emolayom is aware of toe zootion at a heoptal to elhic to*medical care Mat s in pratintty of she home works/a it A test and kit is cosily accessible to each work trot with necessary woollen.Tit first aid kit is periodically inspected we replchlWed no needed, - There is afi operating portable Mc arnagushe-,whirr It rated for A,It.and C(ciade,,aquae and electable;tees or site and he etneloyee is aware of hew to use the fire extirge shot ExtmpJahor C easity moo:Mole we tree from otastmetien on blockage. Teieweeker Sefirspecton Safety Admcwiteiragersent Commerm(Acme I at coy protierrs Mat were Mortified and haw they were reaotrodr SiTiorine of teleworker performing irspeciaan Cate of setkinspecten Page 145 of 167 City of Orono Credit Card Policy Purpose The purpose of this policy is to establish guidelines for the City of Orono to provide for the issuance of credit cards to personnel. City issued credit card is intended for purchases needed for City operations. Use of the credit cards would provide efficiencies, such as: • Less time required at the point of sale with retailers; • Purchases made over the Internet, resulting in lower costs; • Quicker turnaround time for goods or service when needed; • Reduction in the total number of checks written. Authority In accordance with Minn. Stat. § 471.382, the City of Orono is authorized to use city issued credit cards for official business purchases and the Finance Director will determine which personnel will be assigned credit cards. Credit cards will be issued only when it is clear that they will create efficiencies in the normal purchasing process. Each card issued will bear the name of the City of Orono and the individual card holder. The employee whose name is on the card is the only one authorized to use that card, unless the employee temporarily authorizes a subordinate to use the card for a specific purchase. The City credit card(not a personal card) should be used for City business requiring the use of a credit card. Authorized Card Use Cardholders are authorized to use the card to purchase merchandise or services required as a function of their duties at the City of Orono. This includes the purchase of food and/or non-alcoholic beverages for business meetings and public events and is subject to Section 17.08 of the Employee Personnel Policy A purchase made with a credit card may be made in-store, by telephone, fax, internet or U.S. mail. All purchases that are not picked up in-store should be shipped directly to City facilities, unless prior authorization for a home delivery is given by the Finance Director or City Administrator. Unauthorized and/or Inappropriate Card Use Credit cards must never be used to purchase items for personal use or for non-City of Orono purposes, even if the card holder intends to reimburse the City of Orono. In the event of accidental use of a City credit card, the cardholder will reimburse the City for the full purchase price,plus any applicable fees, within five (5) days of the accidental use, or notification by the Finance Department of the accidental use. Unauthorized and/or inappropriate card use includes, but is not limited to: a. Items for personal use; b. Items for non-City of Orono purposes; c. Cash or cash advances; d. Alcoholic beverages (except authorized Golf Course purchases); e. Weapons of any kind or explosives (except authorized Police Department purchases); f. Relocation expenses; g. Personal entertainment; and Page 147 of 167 Credit Card User Agreement I, , as an employee of the City of Orono, have read and agree to the City of Orono Credit Card Policy. I accept personal responsibility for the safeguarding and proper usage of the City credit card(s), which has been assigned to me for use in performance of my job, in accordance with the terms outlined below. • I understand that I am making a financial commitment on the behalf of the City of Orono. • I understand that under no circumstances that I will use the credit card(s) to make personal purchases, whether for myself or for others. • I have been given the City Credit Card Policy, which I have read and understand the requirements for City purchasing card use. • I will follow the established procedure for the use of the credit card(s). • I understand the Finance Director will disallow my use of a City credit card for violation or misuse of the credit card and/or credit card policies and procedure and that such violation or misuse may subject me to discipline, including termination,under the City's Personnel Policies. I understand that each time I use, or authorize the use thereof, that I am adhering to the following statement: "I hereby certify under penalty of perjury that this is a true and correct claim for necessary expenditures incurred by me and that no payment has been received by me on account thereof." I understand that I will be held personally liable for inappropriate charges I incur to the City credit card, and payment for any such inappropriate charges is hereby authorized to be withheld from my paycheck. Receipts backup will show the date, name of establishment and an itemized detail of items bought that will accompany the credit card statement(s). The undersigned individual has read and understands the above statements. This agreement will be filed with the individual personnel records. Signature Date The above employee is authorized to be issued the following City credit card(s): Signature of Department Head(or City Administrator) Date Page 149 of 167 Appendix I. Drug and Alcohol Testing for Commercial Drivers Policy Page 151 of 167 Purpose. The City of Orono ("City") has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The City is concerned about providing a safe workplace for its employees, and while the City does not intend to intrude into the private lives of its employees, it is the goal to provide a work environment conducive to maximum safety and optimum work standards. Alcohol and drug abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers' compensation claims, higher insurance rates, and an increase in theft of city property. The use, possession, manufacture, sale, transportation, or other distribution of controlled substance or controlled substance paraphernalia and the unauthorized use, possession transportation, sale, or other distribution of alcohol is contrary to this policy and jeopardizes public safety. In response to regulations issued by United States Department of Transportation("DOT"),the City has adopted this Policy on Alcohol and Controlled Substances for employees who hold a commercial driver's license (CDL) to perform their duties. Given the significant dangers of alcohol and controlled substance use, each applicant and driver must abide by this policy as a term and condition of hiring and continued employment. Moreover, federal law requires the City to implement such a policy. To ensure this policy is clearly communicated to all drivers and applicants, and in order to comply with applicable federal law, drivers and applicants are required to review this policy and sign the"Certificate of Receipt"portion. Because changes in applicable law and the City's practices and procedures may occur from time to time, this policy may change in the future, and nothing in this policy is intended to be a contract, promise, or guarantee the City will follow any particular course of action, disciplinary, rehabilitative or otherwise, except as required by law. This policy does not in any way affect or change the status of any at-will employee. Any revisions to the Federal Omnibus Transportation Employee Testing Act and Federal Motor Carrier Safety Administration(FMCSA)regulations will take precedent over this policy to the extent the policy has not incorporated those revisions. Definitions. A. Accident: An occurrence involving a commercial motor vehicle operating on a public road which results in a fatality;bodily injury to any person who,as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. The term "accident" does not include an occurrence involving only boarding and alighting from a stationary motor vehicle; an occurrence involving only the loading or unloading of cargo; or an occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle unless the vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the Page 153 of 167 1) Disabling damage does not include damage which can be remedied temporarily at the scene of the accident without special tools or parts, tire disablement without other damage even if no spare tire is available, headlight or tail light damage or damage to turn signals, horn or windshield wipers which make them inoperative. 49 C.F.R. § 382.107. O. Driver: Means any person who operates a commercial motor vehicle. This includes, but is not limited to full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors who are either directly employed by or under lease to the City or who operate a commercial motor vehicle at the direction of or with the consent of the City. For purposes of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107. P. Drug: Has the same meaning as "controlled substance." Q. Employee seeking a transfer: Refers to an employee who is not subject to DOT regulations seeking a transfer to a position that will subject them to DOT regulations in the sought-after position. R. Evidential Breath Testing Device or EBT: A device approved by the National Highway Traffic Safety Administration ("NHTSA") for the evidential testing of breath and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices." 49 C.F.R. § 40.3. S. Federal Motor Carrier Safety Administration or FMCSA: The Federal Motor Carrier Safety Administration of the United States Department of Transportation. T. Medical Review Officer or MRO: A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by a controlled substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. 49 C.F.R. § 40.3 U. Performing (a Safety-Sensitive Function): Any period in which a driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. 49 C.F.R. § 382.107. V. Positive Test Result: A finding of the presence of alcohol or controlled substance, or their metabolites, in the sample tested in levels at or above the threshold detection levels established by applicable law. W. Reasonable Suspicion: Means a belief a driver has engaged in conduct prohibited by the FMCSA controlled substance and alcohol testing regulations, except when related solely to the possession of alcohol, based on specific contemporaneous, articulable observations made by a supervisor or City official who has received appropriate training concerning the appearance, behavior, speech or body odors of the driver. The determination of reasonable suspicion will be made in writing on a Reasonable Suspicion Record Form during,just preceding,or just after the period of the work day that the driver is required to be in compliance with this policy. In the case of a controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. X. Safety-Sensitive Function: All time from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work. Safety-sensitive functions include: 1) All time at a City facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer; All time Page 155 of 167 • all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper berth) • all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle • all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle. The City may test any applicant to whom a conditional offer of employment has been made and any driver for controlled substance and alcohol under any of the following circumstances: Pre-Employment Testing All applicants, including current employees seeking a transfer, applying for a position where duties include performing safety-sensitive duties described above,will be required to take a drug test prior to the first time a driver performs a safety-sensitive function for the City. A driver may not perform safety-sensitive functions unless the driver has received a controlled substance test result from the Medical Review Officer ("MRO") indicating a verified negative test result. In addition to pre- employment controlled-substance testing, applicants will be required to authorize in writing former employers to release alcohol test results of.04 or greater, positive controlled substance test results, refusals to test, other violations of drug and alcohol testing regulations, and completion of return to duty requirements within the preceding three years. The City will contact the candidate's DOT regulated previous and current employers within the last three years for drug and alcohol test results as referenced above and review the testing history if feasible before the employee first performs safety-sensitive functions for the City. Beginning in 2020, an applicant must provide consent to the City, and successfully pass a full query of the Federal Motor Carrier Safety Administration's Clearinghouse. In addition, at least once a year, the City will conduct a limited query of the Clearinghouse for each currently employed CDL driver. If the limited query reveals that the Clearinghouse has information about resolved or unresolved drug and alcohol program violations by a candidate or current employee,he or she will be asked to provide electronic consent to a full query of the Clearinghouse (unless he or she has previously provided electronic consent). In the event a full query of the Clearinghouse reveals unresolved violation information for a candidate or current employee, the driver will not be permitted to perform safety-sensitive functions, including the operation of a Commercial Motor Vehicle and, in the case of a candidate, may have their conditional offer of employment rescinded or, in the case of a current employee,may be subject to discipline. Post-Accident Testing As soon as practicable following an accident involving a commercial motor vehicle operating on a public road, the City will test each surviving driver for controlled substances and alcohol when the following occurs: • The accident involves a fatality or • The driver receives a citation for a moving traffic violation from the accident and an injury is treated away from the accident scene or • The driver receives a citation for a moving traffics violation from the accident and a vehicle Page 157 of 167 number of drivers for controlled substance each year, and to test at a rate of at least ten percent(10%) of its average number of drivers for alcohol each year. These minimum testing rates are subject to change by the DOT. Reasonable Suspicion Testing When a supervisor has reasonable suspicion to believe a driver has engaged in conduct prohibited by federal law or this policy,the City will require the driver to submit to an alcohol and/or controlled substance test. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test will be based on "specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver." In the case of controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. The required observations for reasonable suspicion testing will be made by a supervisor or other person designated by the City who has received appropriate training in identification of actions, appearance and conduct of a driver which are indicative of the use of alcohol or controlled substance. These observations leading to an alcohol or controlled substance test,will be reflected in writing and signed by the supervisor who made the observations. The record will be retained by the City. The person who makes the determination that reasonable suspicion exists to conduct testing, will not be the person conducting the testing, which shall instead be conducted by another qualified person. Alcohol testing is authorized only if the observations are made during,just before, or just after the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not administered within two(2)hours following the determination of reasonable suspicion,the City will prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not administered and will cease attempts to conduct the alcohol test. Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol use, nor will the City permit the driver to perform or continue to perform safety-sensitive functions until (1) an alcohol test is administered and the driver's alcohol concentration is less than .02; or(2)twenty-four(24)hours have elapsed following the determination of reasonable suspicion. Return-to-Duty Testing The City reserves the right to impose discipline against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policy and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers for a first positive test result. Should the City consider reinstatement of a DOT covered driver,the driver must undergo a Substance Page 159 of 167 On-Duty Use of Alcohol No driver may use alcohol while performing safety-sensitive functions. Pre-Duty Use of Alcohol No driver may perform safety-sensitive functions within four (4) hours after using alcohol. If an employee has had alcohol within four hours, they are to notify their supervisors before performing any safety-sensitive functions. Alcohol Use Following an Accident No driver required to take a post-accident alcohol test may use alcohol for eight(8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. Refusal to Submit to a Required Alcohol or Controlled Substance Test No applicant or driver may refuse to submit to pre-employment, post-accident, random, reasonable suspicion or follow-up alcohol or controlled substance testing. In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety-sensitive functions, and may appear on the driver's permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to an including termination. In accordance with the Federal Motor Carrier Safety Administration's (FMCSA) Commercial Driver's License(CDL)Drug and Alcohol Clearinghouse reporting requirements,beginning January 6, 2020, the City will report a driver's refusal to submit to a DOT test for drug or alcohol use to the Clearinghouse within three business days. If an applicant refuses to submit to pre-employment controlled-substance testing, any applicable conditional offer will be withdrawn. For purposes of this section, a driver is considered to have refused to submit to an alcohol or controlled substance test when the driver: • Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing. • Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing. • Fails to report for testing within a reasonable period of time, as determined by the City. • Fails to remain at a testing site until testing is complete. • In the case of directly observed or monitored collection, fails to permit observation or monitoring. • Fails or declines to take a second test as required by the City and/or collector. • Fails to undergo a medical examination as directed by the City pursuant to federal law. • Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to provide an adequate amount of breath,or otherwise cooperate in any way that prevents the completion of the testing process. Page 161 of 167 the result is negative. If a driver's first attempt is positive (with an alcohol concentration of.02 or greater),the driver will be asked to wait at least 15 minutes and then be tested again. The driver may not eat, drink or place anything in his/her mouth (e.g., cigarette, chewing gum) during this time. All confirmation tests will be conducted in a location that affords privacy to the driver being tested, unless unusual circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident) make it impracticable to provide such privacy. Any results less than 0.02 alcohol concentration is considered a"negative"test result. If the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to a physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the City by the collection site staff Controlled Substance Testing The City will use a "split urine specimen" collection procedure for controlled substance testing. Collection of urine specimens for controlled substance testing will be conducted by an approved collector and will be conducted in a setting and manner to ensure the driver's privacy. Controlled substance testing generally takes about 15 minutes. At the collection site, the driver will be given a sealed container and must provide at least 45 ml of urine for testing. Once the sample is provided the collection personnel will check the temperature and color and look for signs of contamination. The urine is then split into two separate specimen containers (A, or "primary,"and B, or"split")with identifying labels and security seals affixed to both. The collection facility will be responsible for maintaining a proper chain of custody for delivery of the sample to a DHHS-certified laboratory for analysis. The laboratory will retain a sufficient portion of any positive sample for testing and store that portion in a scientifically acceptable manner for a minimum 365- day period. If an employee fails to provide a sufficient amount of urine to permit a controlled substance test(45 milliliters of urine), the collector will discard the insufficient specimen, unless there is evidence of tampering with that specimen. The collector will urge the driver to drink up to 40 ounces of fluid, distributed reasonably over a period of up to three hours, or until the driver has provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease efforts to attempt to obtain a specimen. The driver must then obtain, within five calendar days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. If the licensed physician concludes the driver has a medical condition, or with a high degree of probability could have, precluded the driver from providing a sufficient amount of urine, the City will consider the test to have been canceled. If a licensed physician cannot make such a determination, the City will consider the driver to have engaged in a refusal to test and will take appropriate disciplinary action under this policy. The primary specimen is used for the first test. If the test is negative, it is reported to the MRO who then reports the result, following a review of the CCF Form for compliance, to the City. If the initial result is positive or non-negative,a"confirmatory retest"will be conducted on the primary specimen. If the confirmatory re-test is also positive,the result will be sent to the MRO. The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the driver directly, the MRO Page 163 of 167 Employees The City will notify a driver of the results of random, reasonable suspicion, and post-accident tests for controlled substance if the test results are verified positive and will inform the driver which controlled substance or substances were verified as positive. Results of alcohol tests will be immediately available from the collection agent. Right to Confirmatory Retest Within seventy-two(72)hours after receiving notice of a positive controlled substance test result, an applicant or driver may request through the MRO a re-analysis (confirmatory retest) of the driver's split specimen. Action required by federal regulation as a result of a positive controlled substance test (e.g., removal from safety-sensitive functions) will not be stayed during retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO will cancel the test. Dilute Specimens Dilute Negatives Creatinine concentration of specimen is equal to or greater than 2 mg/dL, but less than or equal to 5 mg/dL. If the City receives information that a driver has provided a dilute negative specimen, the City will direct a recollection, pursuant to the MRO's direction, under direct observation. Consequences for Drivers Engaging in Prohibited Conduct Job Applicants Any applicable conditional offer of employment will be withdrawn from a job applicant or employee seeking a transfer who refuses to be tested or tests positive for controlled substance pursuant to this policy. Employees Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of controlled substance, as defined earlier in this policy, are subject to the following consequences: • Removal from Safety-Sensitive Functions No driver may perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law. No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may perform or continue to perform safety-sensitive functions for the City, including driving a commercial motor vehicle, until the start of the driver's next regularly scheduled duty, but not less than twenty-four(24)hours following administration of the test. If a driver tests positive under this policy or is found to have an alcohol concentration of .02 or greater but less than .04, the driver will be removed from safety sensitive duties and escorted home; the driver should not drive home but be escorted to his or her home. The driver will then be placed on vacation, compensatory time or sick leave, for hours missed from work. • Notification of Resources Available Page 165 of 167 Driver's License (CDL) Drug and Alcohol Clearinghouse reporting requirements beginning January 6, 2020,the City will report the following information to the Clearinghouse within three business days: o A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or greater; o A negative DOT return-to-duty test result; o The driver's refusal to submit to a DOT test for drug or alcohol use; o Actual knowledge a driver has used alcohol or controlled substances, based on the employer's direct observation, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee's admission of alcohol or controlled substance abuse except as provided in § 382.121) of: o On duty alcohol use pursuant to § 382.205; o Pre-duty alcohol use pursuant to § 382.207; o Alcohol use following an accident pursuant to § 382.209; o Controlled-substance use pursuant to § 382.213; o Employers will also report negative return-to-duty (RTD) test results and the successful completion of a driver's follow-up testing plan as ordered by a SAP. Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles Effective August 1,2005,the FMCSA established strict rules impacting when CDL license holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle. Employees are required to notify their supervisor immediately if the status of their CDL license changes in anyway. Maintenance and Disclosure of Records Except as required or authorized by law,the City will not release driver's information that is contained in records required to be maintained by this policy or FMCSA and DOT regulations. As of 2020, the City will be required to query and report to the agency's Commercial Driver's License(CDL)Drug and Alcohol Clearinghouse prior to hiring new drivers,will conduct annual checks of existing CDL-drivers, and will report certain violations of the DOT drug and alcohol testing program for holders of CDLs. In addition, a driver is entitled, upon written request, to obtain copies of any records pertaining to the driver's use of alcohol or a controlled substance, including any records pertaining to his or her alcohol or controlled substance tests. Policy Contact for Additional Information If you have any questions about this policy or the City's controlled substance and alcohol testing procedures, you may contact your immediate supervisor or Human Resources to obtain additional information. Page 167 of 167