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and motions will be repealed.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
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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
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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
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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.
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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).
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• 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
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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.
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• 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.
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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.
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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).
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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;
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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.
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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.
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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.
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• 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.
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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.
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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.
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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.
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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;
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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.
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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.
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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
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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.
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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).
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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
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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
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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
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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.
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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
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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.
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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.
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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. The following pages is an example of what the form contains.
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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.
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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
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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
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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.
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