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2023-12-11 Special City Council Agenda Packet City of Albertville Special Council Agenda Monday, December 11, 2023 City Council Chambers 7 pm PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. 1. Call to Order 2. Pledge of Allegiance – Roll Call Pages 3. Recognitions – Presentations - Introductions 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the November 21, 2023, regular City Council Meeting minutes as presented. 3-6 B. Authorize the Monday, December 4, 2023, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. 7 C. Authorize the payment of all claims received by December 31, 2023, which would be the year-end closeout of payment and claims. D. Approve the renewal of the THC license for the licensee listed in the staff report for the period of January 1, 2024, through December 31, 2024. 8 E. Reduce Letter of Credit No. 750127757, held as security for Kingston Crossings to no less than $148,000, conditioned on any outstanding balances owed to City being paid in full. 9 F. Approve Payment Estimate No. 2 to Omann Contract in the amount of $416,668.18 for the 2023 Street Improvement Project. G. Approve Payment Estimate No. 1 to Fehn Companies in the amount of $81,037.38 for the 50th Street Retaining Wall Improvements. 7. Public Hearing A. Public Hearing – Special Assessment of Cleanup costs to Maeyaert Property 10-12  Mayor to open public hearing  Motion to close public hearing (Motion to adopt Resolution No. 2023-49 adopting Special Assessment Roll related to the removal of Nuisances and Zoning Violations.) City of Albertville Special City Council Agenda Monday, December 11, 2023 Page 2 of 2 B. Public Hearing – Municipal Consent for I-94 Gap Project 13-20  Mayor to open public hearing  Motion to close public hearing (Motion to adopt Resolution No. 2023-50 regarding the layout approvals for State Project 8680-189 for Interstate Highway 94.) 8. Wright County Sheriff’s Office – Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC etc) B. Building – None C. City Clerk 1. Adopt 2024 Fee Schedule Ordinance 21-44 (Motion to adopt Ordinance No. 2023-13 amending Title 3, Chapter 1, Section 3-1-3 (City Fees, Fines and Rate Schedule in the Albertville City Code) and approve summary Ordinance for Publication.) D. Finance 1. Albertville Personnel Policy – Revisions to add Earned Sick and Safe Time 45-146 (Motion to approved updated Albertville Personnel Policy.) E. Fire 1. Amended Albertville Fire Relief Association Bylaws 147-160 (Motion to approve the amended Albertville Fire Relief Association Bylaws.) F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal – None I. Administration 1. City Administrator’s Update 161-162 10. Announcements and/or Upcoming Meetings December 12 Planning Commission – Meeting Cancelled December 18 City Council – Meeting Cancelled December 25 City Offices Closed in observance of the Christmas Holiday December 26 Joint Power Water Board – Meeting Cancelled Parks Committee – Meeting Cancelled January 1 City Offices Closed in observance of New Year January 2 City Council, 7 pm (Tuesday) 11. Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES November 20, 2023 – 7 pm Council Chambers Albertville City Hall 1.Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2.Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hayden, Olson and Zagorski. Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, Finance Director Lannes and City Clerk Luedke. 3. Recognitions – Presentations – Introductions A.Proclaim November 20 to 26, 2023, as Shop Small STMA Week Mayor Hendrickson read the Resolution and presented it to Ms. Sandy Greninger and Ms. Courtney Wiest of Shop STMA. The Council thanked the members of Shop STMA for their service to the Albertville Community. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to adopt Resolution No. 2023-41 proclaiming November 20 to 26, 2023, as Shop Small STMA Week. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 4.Public Forum – None 5.Amendments to the Agenda MOTION made by Councilmember Olson, seconded by Councilmember Hayden to approve the November 20, 2023, agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 6.Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A.Approve the November 6, 2023, City Council minutes as presented. B.Authorize the Monday, November 20, 2023, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. C.Approve a THC License application for Albertville Tobacco and Vapor at 11008 61st Street NE, Suite 1005 through December 31, 2023. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of November 20, 2023 D. Approve a Consumption and Display Permit for the Church of St. Albert’s for the Parish Center located at 11400 57th Street NE contingent upon receipt of the certificate of liability insurance and further subject to receipt of licensing approval from the State of MN. E. Approve Payment #1 to Design Electric Inc for the Albertville CSAH 19/37 Signal Project in the amount of $168,088.25. City Clerk Luedke answered questions from Council regarding the number of THC licenses issued within the City in 2023. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to approve the November 20, 2023, Consent Agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. Wright County Sheriff’s Deputy Durr presented a review of the traffic incidents that had occurred over the past few weeks within the City. Wright County Sergeant Oltmanns provided information on the department’s enforcement of the City’s winter no parking ordinance and said the deputies have been issuing warning cards to the violators and he answered questions from Council. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) There were no City Council Committee Updates. B. Building – None C. City Clerk – None D. Finance 1. Approve 2023 Certification of Uncollected Utility Bills and Invoices Finance Director Lannes presented the staff report and answered questions from Council regarding the uncollected utility bills. City Administrator Nafstad provided background information on the assessment amount for the rental property located at 5517 Kahler Drive and answered questions from Council. City Attorney Couri answered questions from Council regarding the assessment process and the practice of water shutoffs. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt Resolution 2023-42 certifying the 2023 Uncollected Utility Bills and Invoices to Wright County for Collection with Real Estate Taxes. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of November 20, 2023 2. 2024 Enterprise Budgets and Rate Information Discussion City Administrator Nafstad reported the City’s Enterprise Budgets were funded solely by rates not the City’s General Budget. He answered questions from Council regarding the water meter unit cost and replacement process. Finance Director Lannes reviewed the staff report and explained the current billing system process for each of the different Enterprise budgets. She reported the Enterprise budget for sewer indicated a future fund shortage if it remained at the current rate, therefore, City staff recommended an increase to the base cost and the tier one-level rate. Director Lannes said the Enterprise budget for water also indicated large future fund shortage as a result upon researching surrounding cities’ different fee structures, City staff recommended a change to the fee structure. She explained the proposed new water base rates and different tiers structures. There was Council discussion regarding the Enterprise budget funding, the proposed rate increases and fee structure amendment. City Administrator Nafstad said no action was required tonight and reported City staff would be presenting for the Council’s review the proposed 2024 fee schedule in December. E. Fire 1. Fire Department Update – Verbal Fire Chief Bullen provided an update on the Fire Truck that has been ordered and said delivery was expected by August at the latest. He reported PERA received the resolution regarding the Albertville Fire Relief Association’s request to enter into the Statewide Volunteer Firefighter Plan. Chief Bullen said the Albertville Fire Relief Board of Trustee met and decided to continue with the Fire Relief Association which currently was drafting by-laws for the Council to review. Fire Chief Bullen also provided an update on the City of Otsego development of their own fire department. He reported their proposed start date was January 1, 2027, and said Otsego expressed an interest a joint power agreement. He answered questions from Council. City Administrator Nafstad provided background information on past discussions the cities had regarding a joint power agreement and said at that time the City of Otsego was not interested. F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal 1. Special Assessment of Cleanup cost to Maeyaert Property City Attorney Couri presented the staff report and background information on the Maeyaert property and the past issues with the property. He said the assessment costs occurred during the cleanup in August 2023. He answered questions from Council regarding the assessment process and said a notice would be sent to the property owner tomorrow. City Administrator Nafstad said some of the nuisance items have spilled over into the abutting public park so City staff was considering constructing a fence between the property and the park. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of November 20, 2023 MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to adopt Resolution No. 2023-43 calling for hearing on proposed assessment related to nuisance and zoning violations on property located at 10479 61st Street NE in Albertville, MN. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 2. Maintenance of Private Road Serving Albertville Plaza City Attorney Couri presented the staff report and background information on the agreement. He reported this maintenance agreement would update and amend the previous agreement. He said because this was a private road, the City was unable to perform the extensive maintenance work the road was in need of, therefore, this agreement would allow the City to continue to plow the road and charge the property owners. Attorney Couri said the agreement had been sent to the property owner’s attorney for review and he had not heard whether the owners would like any amendments to the agreement. He asked Council if their approval could be subject upon minor changes between the attorneys. City Administrator Nafstad answered questions from Council regarding the road’s maintenance. MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to approve Maintenance Agreement for Lots in Albertville Plaza Additions subject to minor changes between attorneys. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. I. Administration 1. City Administrator’s Update City Administrator Nafstad reviewed the City Administrator’s Update which included the Truth in Taxation meeting would be held on December 4, 2023, at 6:15 pm. Announcements and/or Upcoming Meetings November 23 City Offices Closed in observance of Thanksgiving November 27 Joint Powers Water Board, 6 pm Parks Committee, 7 pm December 4 Truth-in-Taxation Hearing, 6:15 pm December 4 City Council, 7 pm December 11 STMA Arena Board, 6 pm December 11 Special City Council, 7 pm December 12 Planning Commission, 7 pm December 18 City Council – Meeting Cancelled 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the meeting at 8:10 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 6 Mayor and Council Request for Action December 11, 2023 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, December 11, 2023, payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • List of Claims (under separate cover) Agenda Page 7 Mayor and Council Request for Action December 11, 2023 SUBJECT: CONSENT – CLERK – APPROVE ANNUAL RENEWAL OF THC RETAIL ESTALBISHMENT LICENSE APPLICATIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the renewal of THC retail establishment licenses for the applicants below from January 1, 2024, through December 31, 2024. BACKGROUND: At the August 7 City Council meeting, an ordinance was approved amending the City Code to allow for the regulation of THC products. The applicants listed below have meet City Code requirements for the renewal of their retail licenses: Establishments Address Albertville Tobacco and Vapor 11008 61st Street NE, Suite 1005 Coborn's Liquor 5600 LaCentre Avenue, Suite 114 Sacred Leaf CBD & THC 5600 LaCentre Avenue, Suite 107 The Smoke Shop 11135 61st Street, Suite F KEY ISSUES: • All of the businesses previously met the eligibility standards set by Albertville City Code section 4-10-4. • The license period for all THC retail licenses runs January 1 through December 31. • The applicants have provided the THC license fee. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to either approve or deny a THC license application. FINANCIAL CONSIDERATIONS: Per the ordinance, the annual license fee for a THC license is $250. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • The THC license applications are on file in the Clerk’s Office and available upon request. Agenda Page 8 Mayor and Council Request for Action December 11, 2023 SUBJECT: CONSENT – ADMINISTRATION – KINGSTON CROSSING – LETTER OF CREDIT REDUCTION NO. 2 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval of the following motion: MOTION TO: Reduce Letter of Credit No. 750127757, held as security for Kingston Crossings to no less than $148,000, conditioned on any outstanding balances owed to the City being paid in full. BACKGROUND: The Developer has requested a reduction to the Letter of Credit held for the Kingston Crossings development. The Letter of Credit is held as performance and warranty security for the site improvements and is currently in the amount of $484,780. Assuming the developer is current with all fees owed to the City and based on work completed to date, it is recommended that Letter of Credit No. 750127757 be reduced to no less than $148,000. The reduced balance is consistent with the development agreement and is the required surety for the first year of the 2-year warranty period. KEY ISSUES: • $148,000 will be held as surety for the first year of the 2–year warranty period and will be eligible for reduction in on year. POLICY CONSIDERATIONS: It is City policy to have all Letter of Credit reductions approved by the City Council. FINANCIAL CONSIDERATIONS: There are no financial implications for this request. LEGAL CONSIDERATIONS: The City has the legal authority under the development agreement to reduce the Letter of Credit upon completion of the required improvements or deny requests for reduction if the required improvements are found unacceptable. Submitted Through: Adam Nafstad, City Administrator-PWD On File: • LOC Reduction History Agenda Page 9 Mayor and Council Request for Action December 11, 2023 SUBJECT: PUBLIC HEARING – LEGAL – SPECIAL ASSESSMENT OF CLEANUP COSTS TO MAEYAERT PROPERTY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2023-49 adopting Special Assessment Roll related to the removal of Nuisances and Zoning Violations. BACKGROUND: On April 19, 2023, the Wright County District Court issued a second order authorizing the City to remove nuisances and zoning violations for the second time from the Maeyaert property. Like the first order, that order authorized the City to special assess the attorney’s fees, court costs and cleanup costs to the Maeyaert property pursuant to Minn. Stat. § 429.101. On August 15, 2023, the City’s contractor, Trilogy Properties, cleaned up the Maeyaert property. KEY ISSUES: •The City has incurred $17,038.75 in costs in obtaining the Court order and cleaning up the Maeyaert property. •The Court’s order authorizes the City to special assess these costs against Maeyaert’s property. •The special assessments will bear interest at 10% per year. •The special assessments appear on the 2025 property tax statement and be payable with 2025’s property taxes. POLICY/PRACTICES CONSIDERATIONS: The City has previously special assessed Maeyaert’s property in excess of $40,000 for a past clean up. Because these costs are a direct result of Mr. Maeyaert’s violation of City ordinances and the Court’s prior order, it makes sense that he should bear all of the costs incurred by the City to bring his property into compliance with City ordinances. FINANCIAL CONSIDERATIONS: If the City does not special assess these costs to the Maeyaert property, then these costs will likely be absorbed by the general fund and will essentially be borne by all taxpayers in the City rather than just Mr. Maeyaert. LEGAL CONSIDERATIONS: The Court’s April 19, 2023, Order authorizes the City to special assess these costs to the Maeyaert property. Responsible Person: Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: •Resolution No. 2023-49 Agenda Page 10 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-49 RESOLUTION ADOPTING SPECIAL ASSESSMENT ROLL RELATED TO THE REMOVAL OF NUISANCES AND ZONING VIOLATIONS WHEREAS, the City of Albertville has obtained an order from the Wright County District Court authorizing the City to enter upon and remove a nuisance and zoning violations that exist on property assigned Wright County property identification number 101-048003110 (“Property”); and WHEREAS, the City had incurred legal fees, court costs, contractor’s fees, and planning consulting fees to remove the nuisances and correct the zoning violations; and WHEREAS, said Court order authorizes the City to special assess such costs against the Property from which the nuisance zoning violations were removed pursuant to Minn. Stat. §429.101; and WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City Council has met and heard and passed upon all objections to the proposed assessment of costs related to the removal of nuisances and zoning violations from the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota: 1. Such proposed assessment, in the amount of $17,038.75 is hereby levied against PID No. 101-048003110, owned by Charles J. Maeyaert and located at 10479 61st Street in the City of Albertville. 2. The assessment levied by this resolution shall be payable in its entirety in one principal installment extending over a period of one year, payable on or before the first Monday of January, 2024, and shall bear interest at a rate of 10% per annum from the date of this resolution until December 31, 2025. Any assessment amounts not prepaid shall be spread against the property with one principal payment due plus applicable interest on the entire amount outstanding. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Agenda Page 11 City of Albertville, MN Resolution No. 2023-49 Meeting of December 11, 2023 Page 2 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other taxes. Adopted by the City Council of the City of Albertville this 11th day of December 2023. ________________________________ Jillian Hendrickson, Mayor ATTEST: ______________________________ Kristine A. Luedke, City Clerk Agenda Page 12 Mayor and Council Request for Action December 11, 2023 SUBJECT: PUBLIC HEARING – ADMINISTRATION – MUNICIPAL CONSENT FOR I-94 GAP PROJECT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: adopt Resolution No. 2023-50 regarding the layout approvals for State Project 8680-189 for Interstate Highway 94. INFORMATION: MnDOT is moving forward with the plans to complete the I-94 Gap project expanding the freeway to 3 lanes from Monticello to Albertville. The City’s approval for the project is required because it increases the highway traffic capacity of I-94. Per Statute, the City is required to conduct a public hearing in which the final layout and exhibits will be presented. At this meeting, representatives from MnDOT will be in attendance to present the final layout of the project and answer questions during the public hearing. KEY ISSUES: • MnDOT has sent a request for the City’s approval of the finally layout of the I-94 Gap project. • As part of the I-94 Gap project process, the City is required to conduct a public hearing. • MnDOT representatives will be in attendance to present the final layout of the project and answer questions. FINANCIAL CONSIDERATION: Per the Good Faith Estimate of cost, the City’s responsibility for the I-94 Gap project will be approximately $21,450 for trail improvements, if desired by the City. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council have the authority to approve the layout of the I-94 Gap project. Submitted Through: Adam Nafstad, City Administrator-PWD Attached: • Resolution No. 2023-50 • October 13, 2023 MnDOT Municipal Consent Letter • Good Faith Estimate of Cost • Cost Participation Exhibit Agenda Page 13 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-50 RESOLUTION FOR LAYOUT APPROVAL FOR STATE PROJECT 8680-189 FOR INTERSTATE HIGHWAY 94 At a Meeting of the City Council of the City of Albertville, held on the 11th day of December, 2023, the following Resolution was offered by __________________and seconded by ________________ to wit: WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project 8680-189 on Interstate Highway 94, from 0.4 mile west of the Junction of I-94 and TH 25 in Monticello to 0.4 mile east of CSAH 37 in Albertville within the City of Albertville for roadway expansion and reconstruction improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167: and WHEREAS, said final layout is on file in the District 3 Minnesota Department of Transportation office, Baxter, Minnesota, being marked as Layout No. 1B, S.P. 8680-189, from R.P. 193+00.000 to 202+00.528 and WHEREAS, the City of Albertville will be responsible for the construction cost to install a multiuse trail on the east side of Labeaux Avenue running between the interstate ramps and for future routine maintenance associated with the multiuse trail. NOW, THEREFORE, BE IT RESOLVED that said final layout for the improvement of said Interstate Highway within the corporate limits be and is hereby approved. Upon the call of the roll the following Council Members voted in favor of the Resolution: The following Council Members voted against its adoption: Adopted by the City Council of the City of Albertville this 11th day of December 2023. ________________________________ Jillian Hendrickson, Mayor ATTEST: ______________________________ Kristine A. Luedke, City Clerk Agenda Page 14 City of Albertville, MN Resolution No. 2023-50 Meeting of December 11, 2023 Page 2 State of Minnesota County of Wright City of Albertville I do hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Albertville, Minnesota at a duly authorized meeting thereof held on the 11th day of December, 2023, as shown by the minutes of said meeting in my possession. _______________________________ (SEAL) Kristine A. Luedke, City Clerk Agenda Page 15 District 3 7694 Industrial Park Road Baxter, MN 56425-8096 An Equal Opportunity Employer 10/13/2023 Adam Nafstad City Administrator City of Albertville 5959 Main Avenue Albertville, MN 55301 RE: Request for City Approval (Municipal Consent) of the Final Layout for SP 8680-189 Dear Mr. Nafstad, MnDOT is proceeding with plans to complete State Project 8680-189, I-94 Gap project expanding I-94 to 3 lanes in each direction from approximately 0.4 mile west of TH 25 in Monticello to approximately 0.4 mile east of CSAH 37 in Albertville. In accordance with Minnesota Statute 161.164, I am submitting for City approval the project’s Final Layout, identified as Layout No. 1B, S.P. 8680-189. The layout can be viewed electronically here: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=35456555 In addition, attached are a Title Sheet and Plan View Sheets that depict in more detail what the roadway configuration will look like within the limits of the City of Albertville and a cost participation plan sheet and good faith estimate that shows how costs will be broken out at CSAH 19 for the proposed turn lane and multiuse trail. The City’s approval (municipal consent) is required for this project because it increases highway traffic capacity of I-94 by adding an additional lane of traffic from west of TH 25 in Monticello to east of CSAH 37 in Albertville. Municipal consent of MnDOT projects is described in Minnesota Statutes 161.162 through 161.167 (attached). Approval or disapproval of the final layout is by resolution of the City Council. (A sample resolution is attached). However, if the City neither approves nor disapproves the final layout within 90 days of the public hearing, the layout is deemed approved (per MN Statute 161.164). The deadlines (per MN Statute 161.164) for the City’s responsibilities regarding municipal consent of the attached layout and exhibits are as follows, based on a submittal date of the final layout to the City of Albertville on October 13, 2023: Agenda Page 16 Page 2 of 3 An Equal Opportunity Employer • Within 15 days of receiving the final layout, schedule a public hearing by 10/28/2023. • Within 60 days of receiving the final layout, conduct the public hearing by 12/12/2023. • Provide at least 30-days’ notice of the public hearing. • Within 90 days of the public hearing, approve or disapprove the layout by resolution. MnDOT will attend the public hearing to present the final layout and exhibits and answer questions, as required by statute. Project Purpose The purpose of the I-94 Gap project is to provide a long-term solution for highway users that improves pavement conditions, safety, and freight movement in the region, while increasing traffic mobility on I-94 between Monticello and Albertville. The project will improve deteriorated pavement conditions while providing lane continuity by connecting the “Gap” of 3 lanes in each direction of I-94 from west of TH 25 in Monticello to east of CSAH 37 in Albertville. Project Description I-94 Gap is located between the cities of Monticello and Albertville and entirely within Wright County, MN. The project limits start from 0.37 mi west of TH 25 in Monticello along I-94 to 0.42 mi east of CSAH 37 in Albertville. The project includes construction of a 3rd general purpose lane on I-94 primarily by separation of a 54” median barrier, construction of new noise walls, retaining walls, bridge widening and replacement, trail and side street and ADA improvements, ponding and other storm water improvements. Near Labeaux Avenue, the existing park and pool lot pavement will be removed and replaced with topsoil, and grass seed will be planted to restore the parcel to a turfed condition. A 10’ wide multiuse trail will be installed at this location at MnDOT costs to allow for pedestrian passage between Labeaux Avenue and 60th Street NE. Also, a short northbound Labeaux Avenue to eastbound I-94 on-ramp turn lane will be constructed to allow for right turning traffic movement storage and will be paid for by Wright County. Also, a 10’ wide multiuse trail will be constructed on the east side of Labeaux Avenue between the interchange ramps and will be paid for by the City of Albertville. Planned Project Schedule I-94 Gap is planned to be let in March 2024, with temporary widening construction starting in summer of 2024 and mainline reconstruction starting in 2025. Construction is expected to take 3 years to complete. During construction, I-94 will maintain 2 lanes of traffic per direction. Labeaux Avenue will remain open to traffic throughout the project duration, with the exception of one weekend. A Friday evening to Monday morning closure of Labeaux Avenue will be required to allow construction crews to remove the existing westbound I-94 bridge. During this one weekend closure, Labeaux Avenue traffic will be detoured utilizing County Road 38, Maciver Avenue, and County Road 37. Agenda Page 17 Page 3 of 3 An Equal Opportunity Employer City’s Estimated Project Costs The City of Albertville will be responsible for construction and engineering costs for the multiuse trail on the east side of Labeaux Avenue running between the interstate ramps. A good faith estimate has been prepared and the City of Albertville’s construction cost participation is estimated to be approximately $21,000. Exact City costs will be determined upon contract award and actual contractor bid pricing. City’s Maintenance Responsibilities The City of Albertville will be responsible for the minor maintenance of the sidewalks and trails along Labeaux Ave and for the multiuse trial between Labeaux Avenue and 60th Street NE. Minor maintenance includes snow removal, sweeping, crack repair, and other minor items. Cost participation and maintenance responsibilities for the City, State, and County will be spelled out in a three-party agreement to be prepared by MnDOT at a future date. Once the three-party agreement is agreed to by all parties, signatures will be required to make the agreement final. Thank you for your consideration and please feel free to contact me if you have any questions about this submittal. Sincerely, Darren Nelson, PE District 3 Project Development Engineer. Darren.nelson@state.mn.us 218.828.5760 Attachments: Link to Final Layout for SP 8680-189, dated 09-12-2022 Good Faith Estimate of Cost Cost Participation Exhibit for CSAH 19/Labeaux Avenue Sample City Resolution MN Statutes 161.162 – 161.167 cc: Virgil Hawkins, Chad Hausman – Wright County Agenda Page 18 Project:TH 94 GAP Project Location:MNDOT DISTRICT 3 State Project No.:8680-189 WSB Project No.:019079-000 Date:12/7/2023 Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Quantity Cost Quantity Cost Quantity Cost Quantity Cost 2104.502 REMOVE PIPE APRON EACH $393.00 1 $393.00 1 $393.00 2104.502 REMOVE DRAINAGE STRUCTURE EACH $1,370.00 1 $1,370.00 1 $1,370.00 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT $4.10 150 $615.00 90 $369.00 60 $246.00 2104.503 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT $2.75 345 $948.75 220 $605.00 125 $343.75 2104.503 REMOVE SEWER PIPE (STORM)(P)LIN FT $23.30 65 $1,514.50 65 $1,514.50 2104.503 REMOVE CURB AND GUTTER (P)LIN FT $5.75 300 $1,725.00 225 $1,293.75 75 $431.25 2104.503 REMOVE BITUMINOUS CURB (P)LIN FT $6.20 501 $3,106.20 501 $3,106.20 2104.504 REMOVE CONCRETE WALK (P)SQ YD $15.50 97 $1,503.50 97 $1,503.50 2104.504 REMOVE CONCRETE PAVEMENT (P)SQ YD $8.70 124 $1,078.80 36 $313.20 88 $765.60 2104.504 REMOVE BITUMINOUS PAVEMENT (P)SQ YD $6.05 72 $435.60 43 $260.15 29 $175.45 2106.507 EXCAVATION - COMMON (P)CU YD $11.50 307 $3,530.50 125 $1,437.50 182 $2,093.00 96 $1,104.00 2106.507 SELECT GRANULAR EMBANKMENT (CV)(P)CU YD $26.70 109 $2,910.30 30 $801.00 79 $2,109.30 2106.507 COMMON EMBANKMENT (CV) (P)CU YD $6.25 22 $137.50 10 $62.50 12 6 $37.50 2211.507 AGGREGATE BASE (CV) CLASS 6 (P)CU YD $42.50 149 $6,332.50 70 $2,975.00 79 $3,357.50 83 $3,527.50 2360.509 TYPE SP 12.5 WEARING COURSE MIXTURE (4,C)TON $95.00 129 $12,255.00 36 $3,420.00 93 $8,835.00 2501.502 15" RC PIPE APRON EACH $1,500.00 2 $3,000.00 1 $1,500.00 1 $1,500.00 2502.503 4" PERF TP PIPE DRAIN LIN FT $10.00 151 $1,510.00 45 $450.00 106 2503.503 15" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $75.00 93 $6,975.00 37 $2,775.00 56 $4,200.00 2506.502 CASTING ASSEMBLY EACH $1,100.00 2 $2,200.00 1 $1,100.00 1 $1,100.00 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN G LIN FT $700.00 7 $4,830.00 4 $2,660.00 3 $2,170.00 2511.504 GEOTEXTILE FILTER TYPE 4 SQ YD $4.00 21 $83.20 21 $83.20 2511.507 RANDOM RIPRAP CLASS III CU YD $157.00 5 $753.60 5 $753.60 2521.518 6" CONCRETE WALK SQ FT $11.50 731 $8,406.50 731 $8,406.50 2521.518 3" BITUMINOUS WALK SQ FT $3.75 2781 $10,428.75 2781 $10,428.75 4474 $16,777.50 2521.602 DRILL AND GROUT REINF BAR (EPOXY COATED)EACH $30.00 80 $2,400.00 80 $2,400.00 2521.618 CONCRETE CURB RAMP WALK SQ FT $30.00 337 $10,110.00 337 $10,110.00 2531.503 CONCRETE CURB AND GUTTER DESIGN B424 LIN FT $23.50 360 $8,460.00 250 $5,875.00 110 $2,585.00 2531.618 TRUNCATED DOMES SQ FT $58.00 132 $7,656.00 132 $7,656.00 2554.602 GUIDE POST TYPE SPECIAL EACH $135.00 2 $270.00 1 $135.00 1 $135.00 2557.502 ELECTRICAL GROUND EACH $300.00 2 $600.00 2 $600.00 2557.503 WIRE FENCE DESIGN 48V-9322 LIN FT $40.00 222 $8,880.00 222 $8,880.00 2565.616 REVISE SIGNAL SYSTEM C SYSTEM $40,000.00 1 $40,000.00 1 $40,000.00 2565.616 REVISE SIGNAL SYSTEM D SYSTEM $40,000.00 1 $40,000.00 1 $40,000.00 CONSTRUCTION COST $194,419.20 $159,970.85 $33,313.35 $21,446.50 100% LOCAL FUNDS (CITY OF ALBERTVILLE) 100% LOCAL FUNDS (WRIGHT COUNTY CP 086-019-235) STATEMENT OF ESTIMATED QUANTITIES PROJECT TOTAL Unit PriceItem No.UnitDescription SP 8680-189 Agenda Page 19 SCALE IN FEET 25 500 EB TH 94 CD ROAD1 1 CSAH 19 COST PARTICIPATION 10' TRAIL CSAH 19 SE RAMPCSAH 19 SW RAMP10' TRAILLEGEND MNDOT WRIGHT COUNTY CITY OF ALBERTVILLE 10' TRAIL DESIGNED BY: CHECKED BY:Projects\Minnesota\8680-189\Design\ORD\Layout-Exhibits\CSAH 19 RTL\cd8680-189_CSAH19-CostPart.dgn10/9/202311:19:45 PMFILENAME:DATE:TIME:DRAWN BY: ofSheet No.Sheets STATE PROJECT 8680-189 (TH 94)CWK/SG MNO MNO MINNESOTA DEPARTMENT OF TRANSPORTATION TH 94 GAP PROJECT MONTICELLO TO ALBERTVILLE, MINNESOTA ? ? ? ? ? ? CSAH 19 NB� CSAH 19 SB� TH 94 WB CD ROAD� TH 94 WB� TH 94 EB� PROPOSED BRIDGE 86825 12' RTL RR CROSSING INPLACE BNSF INPLACE RIGHT OF WAY INPLACE ACCESS CONTROL 33015 105 2013301330Agenda Page 20 Mayor and Council Request for Action December 11, 2023 SUBJECT: CITY CLERK – ADOPTION OF 2024 FEE SCHEDULE AND APPROVE SUMMARY ORDINANCE FOR PUBLICATION RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Adopt Ordinance No. 2023-13 Amending Title 3, Chapter 1, Section 3-1-3 (City Fees, Fines and Rates Schedule in the Albertville Municipal Code) and approve summary ordinance for publication. BACKGROUND: Annually, the City reviews and updates its fee schedule for various services, licenses, fines, permits, etc. KEY ISSUES: • Listed below are the most significant changes to the fee schedule for 2024: o Restructure and amending water rates o Addition of Building Department fees o Delete obsolete fees o New recycling fee beginning May 2024 per Resolution No. 2021-016 • Ordinance will become effective January 1, 2024. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to set fees for City services. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Title 3, Chapter 1, Section 3-1-3 underline/overstruck • Ordinance No. 2023-13 • Summary Ordinance No. 2023-13 Agenda Page 21 Proposed City of Albertville 2024 Fee Schedule PC = Plan Check SC = Surcharge based on PC value $1.00 SC = Surcharge on flat fee permits Section Subject Fee/Escrow/Penalty Rentals - City Hall: Damage Deposit $100.00 Full community room with kitchen - nonresident $400.00 per 4 hour block + tax Full community room with kitchen - resident $200.00 per 4 hour block + tax Key Deposit $10.00 Kitchen only - nonresident $150.00 per event + tax Kitchen only - resident $75.00 per event + tax Multipurpose room with kitchen - civic group 1-4 hour block/month free. Additional meeting $150.00 per 4 hour block + tax Multipurpose room with kitchen - nonresident $300.00 per 4 hour block + tax Multipurpose room with kitchen - resident $150.00 per 4 hour block + tax Upstairs - nonresident $150.00 per 4 hour block + tax Upstairs - resident $75.00 per 4 hour block + tax Use of audio/visual equipment $30.00 (cart only) - multipurpose room + tax $50.00 - full community room + tax West conference room - nonresident $20.00 per hour + tax (2 hour minimum) West conference room - resident $10.00 per hour + tax (2 hour minimum) Rentals - Parks: Adult fall/winter leagues $100.00/team per season + tax Adult winter tournaments $100.00/rink per day + tax Central Park shelter - damage deposit $100.00 Central Park shelter key deposit $10.00 Central Park shelter - nonresident $150.00 per day + tax Central Park shelter - resident $100.00 per day + tax Field - damage deposit $100.00 Field rental - nonresident $150.00/field per day + tax Field rental - resident $100.00/field per day + tax Key deposit - shelter only $10.00 Youth baseball/softball tournaments $25.00/field per day Adult summer leagues $175.00/team per season + tax Adult summer tournaments $100.00/field per day + tax Service: Assessment Certification Fee $10.00 Copies - 8 ½ x 11 $0.25/page + tax Fax (send or receive) $0.25/page + tax Filing fee for City Council/Mayor $15.00 Maps: Street or zoning - 2' x 3' $5.00/page + tax Street or zoning - 11" x 17" $0.50/page + tax Agenda Page 22 Proposed City of Albertville 2024 Fee Schedule Page 2 of 10 Section Subject Fee/Escrow/Penalty Snowplowing $100.00 $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax Special Assessment Search $25.00 per property search Water and Sewer Service Repair $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax Administration: 1-4-1A Misdemeanor penalties Not more than $1,000.00 Petty misdemeanor penalties Not more than $300.00 1-5-2C1 Fee for special meeting $150.00 1-6-2 Code offense $200.00 1-6-6A Failure to pay late charge 15% for each 7 days 1-6-7A Second violation 25% over penalty amount 1-6-7B Third violation 50% over penalty amount 1-6-7C Fourth violation 100% over penalty amount City Finances: Delinquent Invoices 1.5% late fee of unpaid invoice balance (18% APR) every 30 day period 3-1-2 Returned check fee/ACH return fee $25.00 $30.00 3-4-3 Filing for deferral status $25.00 3-5-1C Burglar and False alarm: 3-5-2A1a First - Third Free Fourth $200.00 Fifth $250.00 Sixth $300.00 Seventh $350.00 Eighth $400.00 Ninth $450.00 Tenth $500.00 3-5-2A Fire protection/emergency response/chemical/ hazardous materials spill Hourly rate for personnel and equipment per Wright County Fire Chief's Association Joint Cooperative 3-5-2A2 ATV/UTV with water tank Agreement for Use of Fire Personnel and Command vehicle/utility or grass truck Equipment Engines - all types Extra personnel Fire Investigation Team (County-wide response team) Heavy rescue/rescue/ambulance Ladder/aerial Special Response Unit (County-wide response team) Water tender 3-5-2B Fire watch Hourly rate for personnel and equipment per Wright 3-5-2C Preventative fire watch County Fire Chief’s Association Joint Cooperative 3-5-2D Car fires/accidents (nonresidential) Agreement for Use of Fire Personnel and Equipment Agenda Page 23 Proposed City of Albertville 2024 Fee Schedule Page 3 of 10 Section Subject Fee/Escrow/Penalty Business Regulations: 4-1-6A Liquor license: Consumption and display State license fee Off-sale intoxicating liquor $150.00 per year 4-1-6A Off-sale 3.2 malt liquor $100.00 per year On-sale intoxicating liquor $3,300 per year On-sale taproom $210.00 per year On-sale 3.2 malt liquor $100.00 per year On-sale wine $110.00 per year Sunday on-sale intoxicating liquor $200.00 per year Temporary intoxication on-sale (1-4 days) $100.00 per event Temporary 3.2 malt on-sale $10.00 per day 2 am license State license fee Background investigation fee (new or renewal) $100.00 4-1-15A Revocation/suspension of liquor license: Liquor violation - first $500.00 Liquor violation - second $1,000.00 Liquor violation - third $1,500.00 + 2 day suspension of license Liquor violation - fourth $2,000 + a suspension of not less than 5 but no more than 60 days or revocation as determined by City Council 4-3-1D Bingo $25.00 annually 4-3-2B2 Charitable gambling investigation fee $100.00 4-4-3C Canvasser $50.00/individual per 90 days consecutive Transient business, peddling, soliciting $50.00/individual per 90 days consecutive 4-5-7 Massage enterprise license/investigate $300.00 initially + $50.00 annually Massage therapist (individual) practitioner $50.00 annually 4-6-24C Unauthorized cable connections and modifications Not less than $20.00 and the costs of the action nor more than $500.00 and the costs of the action 4-7-2B2 Waste Hauler $150.00 4-8-2B Special Event Permit $50.00 application fee, $25.00 review fee 4-9-3C Mobile Food Unit $75.00 annually, $20.00 1-3 day event 4-10-9 Tetrahydrocannabinol “THC” License $250.00 annually Health and Sanitation: 5-3-3C Mowing/weed elimination/Stormwater and Ponding $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax 5-3-4 Grass and weeds violation Petty misdemeanor 5-4-5A,B Open burning violation Petty misdemeanor or misdemeanor 5-5-2A1 Excessive motor vehicle noise Misdemeanor 5-5-3A2 Temporary major outdoor music permit $50.00 per event 5-5-3B2 Minor live outdoor music event $50.00 annual permit 5-6-3A Public property vegetation permit $25.00 per event 5-6-3E Unauthorized public property tree work $100.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax 5-6-5A3 Private property pruning 5-6-5B3 Private property diseased and infected Agenda Page 24 Proposed City of Albertville 2024 Fee Schedule Page 4 of 10 Section Subject Fee/Escrow/Penalty Public Safety: 6-2-14A Dog impoundment - first $50.00 + boarding fees Dog impoundment - second $100.00 + boarding fees Dog impoundment - subsequent $200.00 + boarding fees 6-2-16B,C Commercial kennels $50.00 annually 6-4-1D2a- D2d Curfew: Minor - first offense $75.00 + cost of prosecution Parents - first offense $75.00 + cost of prosecution 6-4-1D2a Minor - second offense within 6 months $300.00 + cost of prosecution D2d Parents - second offense within 6 months $300.00 + cost of prosecution 6-7-4 Public Use of Cannabis in Prohibited Areas $100 + cost of prosecution General Traffic Provisions: 7-1-2 Operation of vehicle in excess of 12,000 pounds on 57th Street, 55th Street, 54th Street, 51st Street from Main Avenue NE to Barthel Industrial Drive NE and 62nd Street from Lakeshore Drive W to 63rd Street NE Misdemeanor 7-3-6 Operation of snowmobiles and recreational vehicles in violation of Section 7-3-6 Misdemeanor or Petty Misdemeanor + costs of prosecution 7-3-7A1b Operation of Motorized Golf Cart or ATV on public street permit $50.00 per three years Right-of-Way Fees and Charges: 8-2-8A Driveway Permit $25.00 8-2-8C1 Small Wireless Facility permit Engineer Estimate 8-2-8L Collocation rent on City structure $150.00 Maintenance cost associated with collocation $25.00 Electrical service fee $73.00 per radio node less than or equal to 100 watts $182.00 per radio node over 100 watts The actual cost of electricity if actual cost exceeds the forgoing 8-2-11 Registration fee $75.00 per hour (2 hour minimum) Excavation permit fees - hole1: Verification: Plan review $75.00 per hour Inspection: Location before work $60.00 per hour Compliance during work $60.00 per hour Completion after work $60.00 per hour Reinspection $60.00 per hour Testing result review: Compaction $60.00 per hour Material $60.00 per hour Mapping: Review data $60.00 per hour Transfer to AutoCad $60.00 per hour Insert to overlay to tie in $60.00 per hour Agenda Page 25 Proposed City of Albertville 2024 Fee Schedule Page 5 of 10 Section Subject Fee/Escrow/Penalty 8-2-11 Excavation permit fees - emergency hole1: Administration $75.00 per hour Inspection after completion $60.00 per hour Excavation permit fees - trench1: Administration $75.00 per hour Verification: Plan review $75.00 per hour Inspection: Location before work $60.00 per hour Compliance during work $60.00 per hour Completion after work $60.00 per hour Reinspection $60.00 per hour Testing result review: Compaction $60.00 per hour Material $60.00 per hour Mapping: Review data $60.00 per hour Transfer to AutoCad $60.00 per hour Insert to overlay to tie in $60.00 per hour Obstruction permit fee1: Administration $75.00 per hour Recording $75.00 per hour Review $100.00 minimum base + $75.00 per hour Inspection1: Compliance during work $60.00 per hour Completion after $60.00 per hour Permit extension fee1: Administration $75.00 per hour Recording $75.00 per hour Review $75.00 per hour Delay penalty Administration $75.00 per hour Water and Sewer Access Charges: 9-1-2B1 Residential single and multiple dwelling SAC $4,600.00 per dwelling unit 9-1-2B2a Nonresidential SAC $4,600.00 per SAC unit 9-1-2C1 Residential WAC $950.00 per dwelling unit + Joint Powers fee 9-1-2C2a Nonresidential WAC $950.00 per dwelling unit + Joint Powers fee 9-1-2-1D Water trunk access $1,925.00 per gross acre 9-1-2-2D Sanitary sewer trunk access $2,055.00 per gross acre CSAH 37 Special District: 9-1-2-3D1 Municipal water trunk access $6,408.00 per acre + interest per Code 9-1-2-3D2 Municipal water trunk access - supplemental $14,934.86 connection 9-1-2-4D1 Municipal water trunk access $16,920.00 per acre + interest per Code 9-1-2-4D2 Municipal water trunk access - supplemental $11,266.65 connection Agenda Page 26 Proposed City of Albertville 2024 Fee Schedule Page 6 of 10 Section Subject Fee/Escrow/Penalty Water Use and Service 9-2-5B Water meter - residential $480.00 $490.00 9-2-5B Water meter - 1" $660.00 Water meter - 1.5" T10 $1,280.00 $1,330.00 9-2-5B Water meter – 2” T10 $1,520.00 $1,600.00 9-2-10A Water connection and inspection $100.00 9-2-10B Water base rates - 0 - 3,333 gallons $8.22 Water usage rates - 3,334 - 6,667 gallons $0.87 per 1,000 over 3,334 and up to 6,666 Water usage rates - 6,668 - 11,667 gallons $0.93 per 1,000 over 6,668 and up to 11,667 Water usage rates - over 11,668 gallons $0.96 per 1,000 over 11,668 9-2-10B Water Base Residential base $8.38 1" meter $11.25 1.5" meter $14.28 2" meter $17.31 3" meter $20.34 4" meter $23.37 Water Tiers Tier 1 0-3,333 gallons included in base fee Tier 2 3,334 - 6,666 gallons $1.00/1,000 gallons over 3,333 Tier 3 6,667-11,667 gallons $1.19/1,000 gallons over 6,666 Tier 4 11,668-16,668 gallons $1.35/1,000 gallons over 11,667 Tier 5 16,669+ gallons $1.48/1,000 gallons over 16,668 Sprinkler Base Meter size Tier 1 (all water usage) $1.63/1,000 gallons Joint Powers Water Board portion (JP District) Per Joint Powers Water Board fee schedule 9-2-10C Water shutoff notice $20.00 9-2-10D Water shutoff and reconnection fee $35.00 per time 9-3-3A Sewer connection and inspection/reinspection $100.00 per occurrence 9-3-3B Sewer base rate - 0 - 5,000 gallons $24.19 Sewer usage rate: Per 1,000 over 5,000 gallons $4.25 9-3-3D Delinquent utility account fee 10% late charge subject to a minimum charge of unpaid balance every 30 day period 9-4-6D Private sewer system permit $300.00 9-4-8A2 Private sewer system inspection $100.00 per inspection Stormwater Utility Charges: 9-5-4B Connection charge - single family $500.00 per unit Connection charge - multiple family $400.00 per unit Connection charge - all other construction $1,500.00 per gross acre 9-5-5A Stormwater rate: Residential $4.00 monthly Nonresidential 0 - 5% impervious $6.29 per acre monthly Nonresidential 6 - 35% impervious $11.85 per acre monthly Nonresidential 36 - 65% impervious $16.66 per acre monthly Nonresidential 66 - 100% impervious $29.98 per acre monthly Golf courses $1.00 per acre monthly Agenda Page 27 Proposed City of Albertville 2024 Fee Schedule Page 7 of 10 Section Subject Fee/Escrow/Penalty 9-5-5C Delinquent stormwater utility fee payment 10% late charge subject to a minimum charge 9-6-3B5 Noncompliance surcharge for sewer discharge $100.00 per month added to sewer bill 9-7-2D Stormwater pond water appropriation fee $150.00 Recycling fee Jan-May 2024: $4.67 June 2024-May 2025 $4.81 Building and Development Regulation: 10-1-1C Commercial certificate of occupancy (temporary) $50.00 Escrow for new residentials: 10-1-3A1b Fee for temporary certificate of occupancy $50.00 (single family dwelling) 10-1-3D1- Administration fee $100.00 D6 Site improvement escrow $2,500.00 Fee per tree escrow $250.00 Engineer review as built survey fee $75.00 Engineer review survey fee $75.00 Engineer review - revised survey fee $75.00 Landscape reinspection fee $25.00 Reinspection fee $50.00 10-2-3A Building permit fees - Valuation: $1.00 to $500.00 $50.00 $501.00 to $2,000.00 $50.00 for the first $500.00, plus $3.70 for each additional $100.00 or a fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $105.50 for the first $2,000.00, plus $16.55 for each additional $1,000.00 or a fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $486.15 for the first $25,000.00, plus $12.00 for each additional $1,000.00 or a fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $786.15 for the first $50,000.00, plus $8.45 for each additional $1,000.00 or a fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,208.65 for the first $100,000.00, plus $6.75 for each additional $1,000.00 or a fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,908.65 for the first $500,000.00, plus $5.50 for each additional $1,000.00 or a fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,658.65 for the first $1,000,000.00, plus $4.50 for each additional $1,000.00 or a fraction thereof Surcharge fee Fee per MN Statute 326B.148 10-2-3B Plan review fee 65% of building permit fee per MN Statute 326B.153 subd. 2 10-2-3A,B, Air conditioner $75.00 + $1.00 SC C,D,E Gas line (residential) $75.00 + $1.00 SC Agenda Page 28 Proposed City of Albertville 2024 Fee Schedule Page 8 of 10 Section Subject Fee/Escrow/Penalty 10-2-3A,B, C,D,E Gas line (commercial) Valuation + SC + PC or minimum $150.00 + $1.00 SC Heating/furnace (replacement only) $75.00 + $1.00 SC Backflow irrigation system $75.00 + $1.00 SC Mechanical (existing residence) Valuation + SC ($75.00 minimum + $1.00 SC) Mechanical (new residence) Valuation + SC ($75.00 minimum + $1.00 SC) Mechanical - commercial (new or existing) Valuation + SC + PC ($150.00 minimum + 1.00 SC) Other building permit related inspections and fees: Addition (residential) Valuation + SC + PC Basement finish Valuation + SC + PC Additional plan review required by changes, $65.00 per hour additions or revisions to plans Commercial Minimum Permit $150 + 1.00 SC Contractor verification $5.00 Decks Valuation + SC + PC Detached garages/outbuildings Valuation + SC + PC Drain Tile (commercial) $150.00 + 1.00 SC + PC (If review is needed by Building Official) Drain Tile (residential) $75.00 + 1.00 SC + PC (If review is needed by Building Official) Fence (new or existing commercial) Valuation ($90.00 minimum) Fence (new or existing residential) $75.00 Fireplace (new or existing residence) $75.00 + $1.00 SC For use of outside consultants for plan checking and inspections, or both Actual costs Gas fitter processing fee $35.00 (required for all gas connections and work) Inspection for which no fee is specifically indicated $65.00 per hour (minimum charge 1/2 hour) Inspections outside of normal business hours $100.00 per hour New Construction (commercial or residential) Valuation + SC + PC Permanent sign Valuation + SC + PC Reinspection fees $65.00 per hour Retaining walls (over 4 ft height) Valuation Site inspection (residential) $150.00 Three season and screened porches Valuation + SC + PC Window installation (commercial) Valuation + SC + PC ($150.00 minimum+ $1.00 SC) Window installation (residential) Valuation + SC Plumbing (commercial - new or existing) Valuation + SC + PC ($150.00 minimum+ $1.00 SC) Plumbing (existing residence) Valuation + SC ($75.00 minimum + $1.00 SC) Plumbing (new residence) Valuation + SC + PC ($150.00 minimum+ $1.00 SC) Reroof (commercial) Valuation + SC + PC ($150.00 minimum+ $1.00 SC) Reroofing (existing residence) Valuation + SC ($150.00 minimum + 1.00 SC) Roof Top Unit – Single (commercial) $150.00 + $1.00 SC Roof Top Unit – Multiple 2 or more (commercial) Valuation + SC ($150.00 minimum + $1.00 SC) Agenda Page 29 Proposed City of Albertville 2024 Fee Schedule Page 9 of 10 Section Subject Fee/Escrow/Penalty 10-2-3A,B Tenant occupancy $100.00 + $1.00 SC C,D,E Tenant finish Valuation + SC + PC Water heater $75.00 + $1.00 SC Water softener $75.00 + $1.00 SC 10-3-4 Fire Alarm Permit - commercial Valuation + SC +PC (SC + PC depends on if State reviews) 10-3-4 Fire Suppression Valuation + SC + PC (SC + PC depends on if the State reviews) 10-3-8A Fire Department lock box - exterior mounted $190.00 + tax 10-3-9A,B Fire inspection - commercial First 3 free, $50.00/commence fourth inspection Fire inspection - suppression/alarm Valuation ($125.00 minimum) 10-4-10D1 Rental units - residential: Multiple family/apartment $150.00/building + $10.00 per unit Single family/townhomes $100.00 per year 10-4-10D2 Rental unit inspection fee (after 1st reinspection) $50.00 per occurrence 10-4-13F Compliance order reimbursement Cost of remedy and administration (time + materials + equipment) 10-5-3 Numbering buildings violation Petty Misdemeanor Sign Regulations: 10-7-7B1a Temporary and/or portable signs $35.00 per 14 days 10-7-8 Advertising device - billboard Valuation + PC + SC Advertising device renewal fee $75.00 annually Business sign permit Valuation + PC + SC Change of advertising device Valuation + PC + SC 10-7-9B Sign Code violation $200.00 Vacant Building Registration: 10-8-5 Vacant building registration $100.00 annually 10-8-6C Vacant building securing by City Cost of time + materials + equipment + tax 10-8-6D Vacant building mowing lawn by City $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax 10-8-8 Penalty for failure to register a vacant building $100.00 per month Subdivision Regulations: 11-2-7A Administrative subdivision $400.00/$1,500.00 Sketch plan $200.00/$2,500.00 plus $50.00 per lot Preliminary plat: 11-2-7A Residential $450.00/$5,000.00 or $250.00 per lot, whichever is greater Commercial/industrial $450.00/$5,000.00 plus $500.00 per lot; whichever is greater Final plat $400.00/$2,500.00 Park dedication: Residential $3,630.00 per residential unit 10-2-7A Commercial $9,020.00 per acre subdivided Industrial $2,750.00 per acre subdivided Variance/appeal $300.00/$500.00 11-2-7B Administrative fee 3.5% of all Municipal improvement costs Agenda Page 30 Proposed City of Albertville 2024 Fee Schedule Page 10 of 10 Section Subject Fee/Escrow/Penalty Appendix A - Zoning Ordinance: 300.1A Rezoning $400.00 + $1,000.00 escrow 400.2A Conditional use permit: Site <4 acres $300.00 + $1,500.00 escrow Site 4 - 10 acres $300.00 + $2,500.00 escrow Site >10 acres $300.00 + $5,000.00 escrow 500.2A3a Minor variance $100.00 + $100.00 escrow 500.2B2 Major variance/appeals $300.00 + $650.00 escrow Vacations $300.00 + $1,000.00 escrow 700.2 Certificate of occupancy of zoning $200.00 800.2 Administrative enforcement $1,000.00 1000.5B Swimming pool permit Valuation + PC + SC 1000.7B1a Landscaping, general - sodding/seeding $100.00 administrative fee + escrow of $3,000.00 (minimum) or 1.5 times the cost of ground cover, whichever is greater 1000.7B1b Nongrowing season escrow 1000.7C2b Landscaping, new residential - required ground cover escrow 1000.22 Temporary outdoor seasonal sales $50.00 per event 1500.4 & 1500.6A Administrative permits and minor site and building plan review $250.00 + $250.00 escrow 1500.2 & 1500.5 & 1500.6 Site and building plan review (major): Site <4 acres $300.00 + $1,500.00 escrow Site 4 - 10 acres $300.00 + $2,500.00 escrow Site <4 acres $300.00 + $5,000.00 escrow 1600.3B Special home occupation permit $100.00 1800.2A Land filling permit (in excess of 20 cu. yards): Residential - single lot $25.00 Commercial/industrial/institutional $200.00 + $1,000.00 per acre escrow 1900.3A Land excavation, grading permit (in excess of 20 cu. yards): Residential - single lot $25.00 Commercial/industrial/institutional $200.00 + $1,000.00 per acre escrow 2100.2 Essential service permit $300.00 + $1,000.00 plus $50.00 per lot escrow 2700.4A1 PUD rezoning $400.00 + $50.00 per lot + $5,000.00 escrow 2700.4C2b PUD concept plan $300.00 + $50.00 per lot + $1,500.00 escrow 2700.4D PUD development stage plan $300.00 + $1,000.00 escrow 2700.4E PUD final plan $300.00 + $1,000.00 escrow 5100.10 Flood regulations violation Not more than $1,000.00 or imprisonment not to exceed 90 days, or both, plus cost of prosecution in either case 1. Fees shall be based on an hourly rate as estimated by the City Engineer. Agenda Page 31 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2023-13 AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 (GENERAL FINANCE PROVISIONS), SECTION 3 (CITY FEES, FINES, AND RATES SCHEDULE )IN THE ALBERTVILLE CITY CODE The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Purpose: The purpose of this section is to formally establish the fees, fines, and rates (dollar amounts) to be charged by the City. Fees are subject to State Sales Tax where applicable. Section 2. Zoning Applications: Zoning applications shall consist of both a fee and escrow to be collected with the application. The fee is a nonrefundable charge for City administration. The escrow account is intended to cover City expenses related to engineering, planning, and legal expenses incurred in the processing of an application. The escrow is an estimate of costs. All applications include a written agreement between the City and the applicant whereby the applicant agrees to pay all applicable fees, charges, administrative, planning, engineering, and legal costs associated with the review and processing of any zoning application. If these expenses exceed the application escrow, the applicant shall be billed for these costs. If monies are not paid within thirty (30) days after the bill is sent to the applicant/landowner, the City will assess the aforementioned fees, charges, and/or expenses against the land subject to the development application. Section 3. Adoption of the 2024 Fee Schedule. The fees to be charged by the City of Albertville for 2024 are listed on the attached Exhibit A, which is incorporated herein; that said fee schedule is hereby adopted. Section 4. Continuation/Amendment: Any amendment to the fee schedule shall be made annually, or more often if necessary, by ordinance; if there are no amendments to the fee schedule, the most recently adopted fee schedule ordinance shall remain in force and effect until amended. Section 5. This ordinance shall be in full force and effective January 1, 2024. Adopted by the City Council of the City of Albertville this 11th day of December, 2023. ________________________________ Jillian Hendrickson, Mayor ATTEST: _________________________ Kristine A. Luedke, City Clerk Agenda Page 32 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 2 Proposed City of Albertville 2024 Fee Schedule PC = Plan Check SC = Surcharge based on PC value $1.00 SC = Surcharge on flat fee permits Section Subject Fee/Escrow/Penalty Rentals - City Hall: Damage Deposit $100.00 Full community room with kitchen - nonresident $400.00 per 4 hour block + tax Full community room with kitchen - resident $200.00 per 4 hour block + tax Key Deposit $10.00 Kitchen only - nonresident $150.00 per event + tax Kitchen only - resident $75.00 per event + tax Multipurpose room with kitchen - civic group 1-4 hour block/month free. Additional meeting $150.00 per 4 hour block + tax Multipurpose room with kitchen - nonresident $300.00 per 4 hour block + tax Multipurpose room with kitchen - resident $150.00 per 4 hour block + tax Upstairs - nonresident $150.00 per 4 hour block + tax Upstairs - resident $75.00 per 4 hour block + tax Use of audio/visual equipment $30.00 (cart only) - multipurpose room + tax $50.00 - full community room + tax West conference room - nonresident $20.00 per hour + tax (2 hour minimum) West conference room - resident $10.00 per hour + tax (2 hour minimum) Rentals - Parks: Adult fall/winter leagues $100.00/team per season + tax Adult winter tournaments $100.00/rink per day + tax Central Park shelter - damage deposit $100.00 Central Park shelter key deposit $10.00 Central Park shelter - nonresident $150.00 per day + tax Central Park shelter - resident $100.00 per day + tax Field - damage deposit $100.00 Field rental - nonresident $150.00/field per day + tax Field rental - resident $100.00/field per day + tax Key deposit - shelter only $10.00 Youth baseball/softball tournaments $25.00/field per day Adult summer leagues $175.00/team per season + tax Adult summer tournaments $100.00/field per day + tax Service: Assessment Certification Fee $10.00 Copies - 8 ½ x 11 $0.25/page + tax Fax (send or receive) $0.25/page + tax Filing fee for City Council/Mayor $15.00 Maps: Street or zoning - 2' x 3' $5.00/page + tax Agenda Page 33 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 3 Section Subject Fee/Escrow/Penalty Street or zoning - 11" x 17" $0.50/page + tax Snowplowing $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax Special Assessment Search $25.00 per property search Water and Sewer Service Repair $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax Administration: 1-4-1A Misdemeanor penalties Not more than $1,000.00 Petty misdemeanor penalties Not more than $300.00 1-5-2C1 Fee for special meeting $150.00 1-6-2 Code offense $200.00 1-6-6A Failure to pay late charge 15% for each 7 days 1-6-7A Second violation 25% over penalty amount 1-6-7B Third violation 50% over penalty amount 1-6-7C Fourth violation 100% over penalty amount City Finances: Delinquent Invoices 1.5% late fee of unpaid invoice balance (18% APR) every 30 day period 3-1-2 Returned check fee/ACH return fee $30.00 3-4-3 Filing for deferral status $25.00 3-5-1C Burglar and False alarm: 3-5-2A1a First - Third Free Fourth $200.00 Fifth $250.00 Sixth $300.00 Seventh $350.00 Eighth $400.00 Ninth $450.00 Tenth $500.00 3-5-2A Fire protection/emergency response/chemical/ hazardous materials spill Hourly rate for personnel and equipment per Wright County Fire Chief's Association Joint Cooperative 3-5-2A2 ATV/UTV with water tank Agreement for Use of Fire Personnel and Command vehicle/utility or grass truck Equipment Engines - all types Extra personnel Fire Investigation Team (County-wide response team) Heavy rescue/rescue/ambulance Ladder/aerial Special Response Unit (County-wide response team) Water tender Agenda Page 34 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 4 Section Subject Fee/Escrow/Penalty 3-5-2B Fire watch Hourly rate for personnel and equipment per Wright 3-5-2C Preventative fire watch County Fire Chief’s Association Joint Cooperative 3-5-2D Car fires/accidents (nonresidential) Agreement for Use of Fire Personnel and Equipment Business Regulations: 4-1-6A Liquor license: Consumption and display State license fee Off-sale intoxicating liquor $150.00 per year 4-1-6A Off-sale 3.2 malt liquor $100.00 per year On-sale intoxicating liquor $3,300 per year On-sale taproom $210.00 per year On-sale 3.2 malt liquor $100.00 per year On-sale wine $110.00 per year Sunday on-sale intoxicating liquor $200.00 per year Temporary intoxication on-sale (1-4 days) $100.00 per event Temporary 3.2 malt on-sale $10.00 per day 2 am license State license fee Background investigation fee (new or renewal) $100.00 4-1-15A Revocation/suspension of liquor license: Liquor violation - first $500.00 Liquor violation - second $1,000.00 Liquor violation - third $1,500.00 + 2 day suspension of license Liquor violation - fourth $2,000 + a suspension of not less than 5 but no more than 60 days or revocation as determined by City Council 4-4-3C Canvasser $50.00/individual per 90 days consecutive Transient business, peddling, soliciting $50.00/individual per 90 days consecutive 4-5-7 Massage enterprise license/investigate $300.00 initially + $50.00 annually Massage therapist (individual) practitioner $50.00 annually 4-6-24C Unauthorized cable connections and modifications Not less than $20.00 and the costs of the action nor more than $500.00 and the costs of the action 4-7-2B2 Waste Hauler $150.00 4-8-2B Special Event Permit $50.00 application fee, $25.00 review fee 4-9-3C Mobile Food Unit $75.00 annually, $20.00 1-3 day event 4-10-9 Tetrahydrocannabinol “THC” License $250.00 annually Health and Sanitation: 5-3-3C Mowing/weed elimination/Stormwater and Ponding $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax 5-3-4 Grass and weeds violation Petty misdemeanor 5-4-5A,B Open burning violation Petty misdemeanor or misdemeanor 5-5-2A1 Excessive motor vehicle noise Misdemeanor 5-5-3A2 Temporary major outdoor music permit $50.00 per event 5-5-3B2 Minor live outdoor music event $50.00 annual permit 5-6-3A Public property vegetation permit $25.00 per event Agenda Page 35 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 5 Section Subject Fee/Escrow/Penalty 5-6-3E Unauthorized public property tree work $100.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax 5-6-5A3 Private property pruning 5-6-5B3 Private property diseased and infected Public Safety: 6-2-14A Dog impoundment - first $50.00 + boarding fees Dog impoundment - second $100.00 + boarding fees Dog impoundment - subsequent $200.00 + boarding fees 6-2-16B,C Commercial kennels $50.00 annually 6-4-1D2a- D2d Curfew: Minor - first offense $75.00 + cost of prosecution Parents - first offense $75.00 + cost of prosecution 6-4-1D2a Minor - second offense within 6 months $300.00 + cost of prosecution D2d Parents - second offense within 6 months $300.00 + cost of prosecution 6-7-4 Public Use of Cannabis in Prohibited Areas $100 + cost of prosecution General Traffic Provisions: 7-1-2 Operation of vehicle in excess of 12,000 pounds on 57th Street, 55th Street, 54th Street, 51st Street from Main Avenue NE to Barthel Industrial Drive NE and 62nd Street from Lakeshore Drive W to 63rd Street NE Misdemeanor 7-3-6 Operation of snowmobiles and recreational vehicles in violation of Section 7-3-6 Misdemeanor or Petty Misdemeanor + costs of prosecution 7-3-7A1b Operation of Motorized Golf Cart or ATV on public street permit $50.00 per three years Right-of-Way Fees and Charges: 8-2-8A Driveway Permit $25.00 8-2-8C1 Small Wireless Facility permit Engineer Estimate 8-2-8L Collocation rent on City structure $150.00 Maintenance cost associated with collocation $25.00 Electrical service fee $73.00 per radio node less than or equal to 100 watts $182.00 per radio node over 100 watts The actual cost of electricity if actual cost exceeds the forgoing 8-2-11 Registration fee $75.00 per hour (2 hour minimum) Excavation permit fees - hole1: Verification: Plan review $75.00 per hour Inspection: Location before work $60.00 per hour Compliance during work $60.00 per hour Completion after work $60.00 per hour Reinspection $60.00 per hour Testing result review: Agenda Page 36 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 6 Section Subject Fee/Escrow/Penalty 8-2-11 Compaction $60.00 per hour Material $60.00 per hour Mapping: Review data $60.00 per hour Transfer to AutoCad $60.00 per hour Insert to overlay to tie in $60.00 per hour Excavation permit fees - emergency hole1: Administration $75.00 per hour Inspection after completion $60.00 per hour Excavation permit fees - trench1: Administration $75.00 per hour Verification: Plan review $75.00 per hour Inspection: Location before work $60.00 per hour Compliance during work $60.00 per hour Completion after work $60.00 per hour Reinspection $60.00 per hour Testing result review: Compaction $60.00 per hour Material $60.00 per hour Mapping: Review data $60.00 per hour Transfer to AutoCad $60.00 per hour Insert to overlay to tie in $60.00 per hour Obstruction permit fee1: Administration $75.00 per hour Recording $75.00 per hour Review $100.00 minimum base + $75.00 per hour Inspection1: Compliance during work $60.00 per hour Completion after $60.00 per hour Permit extension fee1: Administration $75.00 per hour Recording $75.00 per hour Review $75.00 per hour Delay penalty Administration $75.00 per hour Water and Sewer Access Charges: 9-1-2B1 Residential single and multiple dwelling SAC $4,600.00 per dwelling unit 9-1-2B2a Nonresidential SAC $4,600.00 per SAC unit 9-1-2C1 Residential WAC $950.00 per dwelling unit + Joint Powers fee 9-1-2C2a Nonresidential WAC $950.00 per dwelling unit + Joint Powers fee 9-1-2-1D Water trunk access $1,925.00 per gross acre 9-1-2-2D Sanitary sewer trunk access $2,055.00 per gross acre Agenda Page 37 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 7 Section Subject Fee/Escrow/Penalty CSAH 37 Special District: 9-1-2-3D1 Municipal water trunk access $6,408.00 per acre + interest per Code 9-1-2-3D2 Municipal water trunk access - supplemental $14,934.86 connection 9-1-2-4D1 Municipal water trunk access $16,920.00 per acre + interest per Code 9-1-2-4D2 Municipal water trunk access - supplemental $11,266.65 connection Water Use and Service 9-2-5B Water meter - residential $490.00 9-2-5B Water meter - 1" $660.00 Water meter - 1.5" T10 $1,330.00 9-2-5B Water meter – 2” T10 $1,600.00 9-2-10A Water connection and inspection $100.00 9-2-10B Water Base Residential base $8.38 1" meter $11.25 1.5" meter $14.28 2" meter $17.31 3" meter $20.34 4" meter $23.37 Water Tiers Tier 1 0-3,333 gallons included in base fee Tier 2 3,334 - 6,666 gallons $1.00/1,000 gallons over 3,333 Tier 3 6,667-11,667 gallons $1.19/1,000 gallons over 6,666 Tier 4 11,668-16,668 gallons $1.35/1,000 gallons over 11,667 Tier 5 16,669+ gallons $1.48/1,000 gallons over 16,668 Sprinkler Base Meter size Tier 1 (all water usage) $1.63/1,000 gallons Joint Powers Water Board portion (JP District) Per Joint Powers Water Board fee schedule 9-2-10C Water shutoff notice $20.00 9-2-10D Water shutoff and reconnection fee $35.00 per time 9-3-3A Sewer connection and inspection/reinspection $100.00 per occurrence 9-3-3B Sewer base rate - 0 - 5,000 gallons $24.19 Sewer usage rate: Per 1,000 over 5,000 gallons $4.25 9-3-3D Delinquent utility account fee 10% late charge of unpaid balance every 30 day period Stormwater Utility Charges: 9-5-4B Connection charge - single family $500.00 per unit Connection charge - multiple family $400.00 per unit Connection charge - all other construction $1,500.00 per gross acre 9-5-5A Stormwater rate: Residential $4.00 monthly Nonresidential 0 - 5% impervious $6.29 per acre monthly Agenda Page 38 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 8 Section Subject Fee/Escrow/Penalty 9-5-5A Nonresidential 6 - 35% impervious $11.85 per acre monthly Nonresidential 36 - 65% impervious $16.66 per acre monthly Nonresidential 66 - 100% impervious $29.98 per acre monthly Golf courses $1.00 per acre monthly 9-5-5C Delinquent stormwater utility fee payment 10% late charge subject to a minimum charge 9-6-3B5 Noncompliance surcharge for sewer discharge $100.00 per month added to sewer bill 9-7-2D Stormwater pond water appropriation fee $150.00 Recycling fee Jan-May 2024: $4.67, June 2024-May 2025 $4.81 Building and Development Regulation: 10-1-1C Commercial certificate of occupancy (temporary) $50.00 Escrow for new residentials: 10-1-3A1b Fee for temporary certificate of occupancy $50.00 (single family dwelling) 10-1-3D1- Administration fee $100.00 D6 Site improvement escrow $2,500.00 Fee per tree escrow $250.00 Engineer review as built survey fee $75.00 Engineer review survey fee $75.00 Engineer review - revised survey fee $75.00 Landscape reinspection fee $25.00 Reinspection fee $50.00 10-2-3A Building permit fees - Valuation: $1.00 to $500.00 $50.00 $501.00 to $2,000.00 $50.00 for the first $500.00, plus $3.70 for each additional $100.00 or a fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $105.50 for the first $2,000.00, plus $16.55 for each additional $1,000.00 or a fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $486.15 for the first $25,000.00, plus $12.00 for each additional $1,000.00 or a fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $786.15 for the first $50,000.00, plus $8.45 for each additional $1,000.00 or a fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,208.65 for the first $100,000.00, plus $6.75 for each additional $1,000.00 or a fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,908.65 for the first $500,000.00, plus $5.50 for each additional $1,000.00 or a fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,658.65 for the first $1,000,000.00, plus $4.50 for each additional $1,000.00 or a fraction thereof Agenda Page 39 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 9 Section Subject Fee/Escrow/Penalty 10-2-3A Surcharge fee Fee per MN Statute 326B.148 10-2-3B Plan review fee 65% of building permit fee per MN Statute 326B.153 subd. 2 10-2-3A, Air conditioner $75.00 + $1.00 SC C,D,E Gas line (residential) $75.00 + $1.00 SC Gas line (commercial) Valuation + SC + PC or minimum $150.00 + $1.00 SC Heating/furnace (replacement only) $75.00 + $1.00 SC Backflow irrigation system $75.00 + $1.00 SC Mechanical (existing residence) Valuation + SC ($75.00 minimum + $1.00 SC) Mechanical (new residence) Valuation + SC ($75.00 minimum + $1.00 SC) Mechanical - commercial (new or existing) Valuation + SC + PC ($150.00 minimum + 1.00 SC) Other building permit related inspections and fees: Addition (residential) Valuation + SC + PC Basement finish Valuation + SC + PC Additional plan review required by changes, $65.00 per hour additions or revisions to plans Contractor verification $5.00 Commercial Minimum Permit $150 + 1.00 SC Decks Valuation + SC + PC Detached garages/outbuildings Valuation + SC + PC Drain Tile (commercial) $150.00 + 1.00 SC + PC (If review is needed by Building Official) Drain Tile (residential) $75.00 + 1.00 SC + PC (If review is needed by Building Official) Fence (new or existing commercial) Valuation ($90.00 minimum) Fence (new or existing residential) $75.00 Fireplace (new or existing residence) $75.00 + $1.00 SC For use of outside consultants for plan checking and inspections, or both Actual costs Gas fitter processing fee $35.00 (required for all gas connections and work) Inspection for which no fee is specifically indicated $65.00 per hour (minimum charge 1/2 hour) Inspections outside of normal business hours $100.00 per hour New Construction (commercial or residential) Valuation + SC + PC Permanent sign Valuation + SC + PC Reinspection fees $65.00 per hour Retaining walls (over 4 ft height) Valuation Site inspection (residential) $150.00 Three season and screened porches Valuation + SC + PC Window installation (commercial) Valuation + SC + PC ($150.00 minimum+ $1.00 SC) Window installation (residential) Valuation + SC Agenda Page 40 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 10 Section Subject Fee/Escrow/Penalty 10-2-3A, Plumbing - commercial (new or existing) Valuation + SC + PC ($150.00 minimum+ $1.00 SC) C,D,E Plumbing (existing residence) Valuation + SC ($75.00 minimum + $1.00 SC) Plumbing (new residence) Valuation + SC + PC ($150.00 minimum+ $1.00 SC) Reroof (commercial) Valuation + SC + PC ($150.00 minimum+ $1.00 SC) Reroofing (existing residence) Valuation + SC ($150.00 minimum + 1.00 SC) Roof Top Unit – Single (commercial) $150.00 + $1.00 SC Roof Top Unit – Multiple 2 or more (commercial) Valuation + SC ($150.00 minimum + $1.00 SC) Tenant occupancy $100.00 + $1.00 SC Tenant finish Valuation + SC + PC Water heater $75.00 + $1.00 SC Water softener $75.00 + $1.00 SC 10-3-4 Fire Alarm Permit - commercial Valuation + SC +PC (SC + PC depends on if State reviews) 10-3-4 Fire Suppression Valuation + SC + PC (SC + PC depends on if the State reviews) 10-3-8A Fire Department lock box - exterior mounted $190.00 + tax 10-3-9A,B Fire inspection - commercial First 3 free, $50.00/commence fourth inspection Fire inspection - suppression/alarm Valuation ($125.00 minimum) 10-4-10D1 Rental units - residential: Multiple family/apartment $150.00/building + $10.00 per unit Single family/townhomes $100.00 per year 10-4-10D2 Rental unit inspection fee (after 1st reinspection) $50.00 per occurrence 10-4-13F Compliance order reimbursement Cost of remedy and administration (time + materials + equipment) 10-5-3 Numbering buildings violation Petty Misdemeanor Sign Regulations: 10-7-7B1a Temporary and/or portable signs $35.00 per 14 days 10-7-8 Advertising device - billboard Valuation + PC + SC Advertising device renewal fee $75.00 annually Business sign permit Valuation + PC + SC Change of advertising device Valuation + PC + SC 10-7-9B Sign Code violation $200.00 Vacant Building Registration: 10-8-5 Vacant building registration $100.00 annually 10-8-6C Vacant building securing by City Cost of time + materials + equipment + tax 10-8-6D Vacant building mowing lawn by City $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax 10-8-8 Penalty for failure to register a vacant building $100.00 per month Subdivision Regulations: 11-2-7A Administrative subdivision $400.00/$1,500.00 Sketch plan $200.00/$2,500.00 plus $50.00 per lot Agenda Page 41 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 11 Section Subject Fee/Escrow/Penalty 11-2-7A Preliminary plat: Residential $450.00/$5,000.00 or $250.00 per lot, whichever is greater Commercial/industrial $450.00/$5,000.00 plus $500.00 per lot; whichever is greater Final plat $400.00/$2,500.00 Park dedication: Residential $3,630.00 per residential unit Commercial $9,020.00 per acre subdivided Industrial $2,750.00 per acre subdivided Variance/appeal $300.00/$500.00 11-2-7B Administrative fee 3.5% of all Municipal improvement costs Appendix A - Zoning Ordinance: 300.1A Rezoning $400.00 + $1,000.00 escrow 400.2A Conditional use permit: Site <4 acres $300.00 + $1,500.00 escrow Site 4 - 10 acres $300.00 + $2,500.00 escrow Site >10 acres $300.00 + $5,000.00 escrow 500.2A3a Minor variance $100.00 + $100.00 escrow 500.2B2 Major variance/appeals $300.00 + $650.00 escrow Vacations $300.00 + $1,000.00 escrow 700.2 Certificate of occupancy of zoning $200.00 800.2 Administrative enforcement $1,000.00 1000.5B Swimming pool permit Valuation + PC + SC 1000.7B1a Landscaping, general - sodding/seeding $100.00 administrative fee + escrow of $3,000.00 (minimum) or 1.5 times the cost of ground cover, whichever is greater 1000.7B1b Nongrowing season escrow 1000.7C2b Landscaping, new residential - required ground cover escrow 1000.22 Temporary outdoor seasonal sales $50.00 per event 1500.4 & 1500.6A Administrative permits and minor site and building plan review $250.00 + $250.00 escrow 1500.2 & 1500.5 & 1500.6 Site and building plan review (major): Site <4 acres $300.00 + $1,500.00 escrow Site 4 - 10 acres $300.00 + $2,500.00 escrow Site <4 acres $300.00 + $5,000.00 escrow 1600.3B Special home occupation permit $100.00 1800.2A Land filling permit (in excess of 20 cu. yards): Residential - single lot $25.00 Commercial/industrial/institutional $200.00 + $1,000.00 per acre escrow 1900.3A Land excavation, grading permit (in excess of 20 cu. yards): Residential - single lot $25.00 Commercial/industrial/institutional $200.00 + $1,000.00 per acre escrow 2100.2 Essential service permit $300.00 + $1,000.00 plus $50.00 per lot escrow 2700.4A1 PUD rezoning $400.00 + $50.00 per lot + $5,000.00 escrow Agenda Page 42 City of Albertville Meeting of December 11, 2023 Ordinance No. 2023-13 Page 12 Section Subject Fee/Escrow/Penalty 2700.4C2b PUD concept plan $300.00 + $50.00 per lot + $1,500.00 escrow 2700.4D PUD development stage plan $300.00 + $1,000.00 escrow 2700.4E PUD final plan $300.00 + $1,000.00 escrow 5100.10 Flood regulations violation Not more than $1,000.00 or imprisonment not to exceed 90 days, or both, plus cost of prosecution in either case 1. Fees shall be based on an hourly rate as estimated by the City Engineer. Agenda Page 43 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2023-13 AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 (GENERAL FINANCE PROVISIONS), SECTION 3-1-3 (CITY FEES, FINES, AND RATES SCHEDULE) NOTICE IS HEREBY GIVEN that on December 11, 2023, Ordinance No. 2023-13 was adopted by the City Council of the City of Albertville, Minnesota. This ordinance sets the fees, fines, and rates for various services. NOTICE IS FURTHER GIVEN that due to the lengthy nature of Ordinance 2023-13, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the adopted ordinance amends Title 3, Chapter 1, Section 3 of the Albertville City Code and formally establishes fees, fines, and rates throughout the City Code and includes amendments to the following components: This Ordinance shall take effect on January 1, 2024. Listed below are the most significant changes to the fee schedule for 2024: o Restructure and amending water rates o Addition of Building Department fees o Delete obsolete fees o New recycling fee beginning May 2024 per Resolution No. 2021-016 Adopted by the City Council of the City of Albertville on the 11th day of December 2023. ATTEST: /s/Kristine A. Luedke, City Clerk Publish Date: December 21, 2023 Agenda Page 44 Mayor and Council Request for Action December 11, 2023 SUBJECT: ADMINSTRATION – PERSONNEL POLICY – REVISIONS TO ADD EARNED SICK AND SAFE TIME MOTION TO: Approve the City of Albertville’s Personnel Policy as presented. BACKGROUND: Effective January 1, 2024, all employers are required to provide Earned Sick and Safe Time (ESST) to any employee that works at least eighty (80) hours a year. With the state mandates, the City of Albertville has to amend the employee’s personnel policy. While adding the requested ESST language, City staff reviewed the entire policy and made additional changes needed for language clarification and formatting. KEY ISSUES: • The State has mandated all employers to provide Earned Sick and Safe Time to employee who work at least 80 hours within a year. • The required section regarding ESST has been added to the Albertville Personnel Policy. • Staff reviewed the entire policy for language clarification and formatting. • The updated Albertville Personnel Policy shall be effective on January 1, 2024. POLICY CONSIDERATIONS: The Mayor and City Council have the authority to set the City’s Employee Personnel Polices. FINANCIAL CONSIDERATIONS: With the new state mandate of Earned Sick and Safe Time, the City will accrue additional costs because the mandate requires that the benefit be given to Seasonal/Temporary employees and Volunteer Fire Fighters who work at least 80 hours in a year. The additional costs are in the 2024 budget as adopted. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Current Albertville Personnel Policy underline/overstruck • Draft Albertville Personnel Policy Agenda Page 45 Last Edited: 10/11/2022 PERSONNEL POLICY Agenda Page 46 Table of Contents Section 1 Page 1.0 - Purpose 1 1.1 - Definitions 1 1.2 - Position Classification Plan 2 Section 2 2.0 - Recruitment Qualifications & Exams 3 2.1 - Employment Requirements 3 Section 3 3.0 - Appointments 4 3.1 - Provisional Appointments 4 3.2 - Probationary Period 4 Section 4 4.0 - Employee Conduct 5 4.1 - Personal Telephone Calls 4.2 - Wireless Communication Devices 6 6 4.3 - Outside Employment 8 4.4 - Solicitations 9 4.5 - False Statements, Fraud 9 4.6 - Weapons at Work 9 4.7 - Sexual harassment 10 Section 5 5.0 - Personnel Records 12 5.1 - Performance Appraisal Policy 14 5.2 - Grievances 15 5.3 - Safety 16 Section 6 6.0 - Salaries 16 6.1 - Pay Policy in Transfers, Promotions, Demotions 17 6.2 - Advancement; Demotions 18 Section 7 7.0 - Regular Hours of Work 18 7.1 - On Call Policy 19 7.2 - On Duty Policy 19 7.3 - Overtime 19 7.4 - Compensatory Time 19 Section 8 8.0 - Holidays 20 8.1 - Vacation Leave 21 Agenda Page 47 8.2 - Sick Leave, Incentive 23 8.3 - Insurance 8.4 - Health Care Saving Plan 8.5 - Longevity Pay 8.6 - Tuition Assistance 25 25 26 26 Section 9 9.0 - Military Leave 27 9.1 - Jury or Witness Duty 27 9.2 - Layoffs 28 9.3 - Leave of Absence Without Pay 28 9.4 - Absence without Leave 28 9.5 - School Conferences and Activities Leave 29 9.6 - Elections and Voting 29 9.7 - Family and Medical Leave Act 29 9.8 - Workers Compensation 35 9.9 - Dismissals, Suspension and Demotion 36 Section 10 10.0 - Discipline 10.1 - Termination of Employment 37 38 Section 11 11.0 - Repeal or Changes 39 Section 12 12.0 - Use and Safeguarding of City Property 40 12.1 - Computer Use 40 12.2 - Computer/Laptop Use External/Offsite 44 Agenda Page 48 Page 1 Personnel Policy 1.0 PURPOSE (a) The Council deems it advisable to formulate a policy governing the relationship between employees and the City. and to provide machinery for its administration. In formulating their policies, Tthe Council recognizes that the City is a municipal corporation of the State of Minnesota and that these personnel policies must conform to any applicable federal laws and state statutes, but that within this framework of law, the Council must maintain final control. Subject to these conditions, the Council can establish governing principles upon which a progressive program of employee relations can be based. (b) The Council will support favorable labor standards and conditions of employment as are consistent with local welfare, having regard for the fact that the work of the City is being financed by the citizens of the City. (c) All offices and positions in the City created by the Council shall be covered by these policies except for the following: (1) All elected officials (2) Members of boards, commissions and committees (3) Volunteer firefighters and other volunteer personnel (ESST eligible) (4) Emergency employees (5) Other employees not regularly employed in permanent positions (ESST eligible) (6) Any other persons specifically exempted by the Council 1.1 DEFINITIONS As used in this ordinancePolicy, the following terms shall have the respective meaning ascribed to them: (a) ANNIVERSARY DATE: The date of original employment with the City unless otherwise stated. (b) APPLICANT: A person who has filed application for a position with the City. (c) APPOINTING AUTHORITY: All appointments shall be made by the Council. (d) BENEFIT EARNING EMPLOYEE: Permanent Full-Time employee or Permanent Part- Time employee. (e) CALENDAR YEAR: A twelve (12) month period beginning January 1st and ending December 31st. (f) CHIEF ADMINISTRATIVE OFFICER: The top supervisory position among the City staff. When the City has an administrator, that person will be the Chief Administrative Officer. In the absence of an administrator, the City Clerk will assume these duties. Agenda Page 49 Page 2 (g) CLASSIFICATION PLAN: The plan or schedule for the classification of all positions in the classified service, based on the duties, responsibilities, and qualification requirements of each position. (h) CLASSIFIED SERVICES: All positions in the City service, except those expressly exempt or designated as unclassified by the Council. (i) DEPENDAENT: Spouse, children and legally adopted children. (i)(j) EARNED SICK/SAFE TIME – paidTIME: Paid leave employers must provide to employees in Minnesota that can be used for certain reasons. Required to provide up to 48 hours annually with a maximum of 80 hours for employees who work at least 80 hours a year for an employer in Minnesota. (j) ELIGIBLE LIST: The record of those persons who have successfully passed competitive examinations in the order of the relatively earned grades. (k) (k) EXAMINATION: A testing of candidates to determine their relative fitness for a position in the classified service. (kl) IMMEDIATE FAMILY MEMBER: cChild, foster child, adult child, legal ward, spouse, domestic partner, sibling, stepsibling, foster sibling, biological parent, adoptive parent, foster parent, stepparent, grandchild, foster grandchild, step grandchild, grandparent, step-grandparent, child of a sibling, sibling of employees parent, child- in-law, sibling-in-law, and all listed above of employee’s spouse/domestic partner, any other individual related by blood or whose close association with the employee is equivalent of a family relationship and up to one (1) individual annually designated by the employee.mother, father, husband, wife, son, daughter, brother, sister, or grandparent of the employee or spouse. (m) PERMANENT FULL-TIME EMPLOYEE: An appointment to a permanent position made from an eligible list shall be effective after completion of the probationary period. Regularly scheduled for 40 hours per week year-round. (n) PERMANENT PART-TIME EMPLOYEE: An appointment to a permanent position made from an eligible list shall be effective after completion of the probationary period. Regularly scheduled for a minimum of 30 hours per week year-round. (o) POSITION CLASS: A specific employment, calling for the performance of certain duties and carrying out of certain responsibilities of an individual. (p) PROBATIONARY EMPLOYEE: An original appointment from the eligible list in a permanent classification subject to a probationary period. (q) PUBLIC NOTICE: Giving notice either by posting or publication or both, as hereinafter set forth. (r) TEMPORARY/SEASONAL EMPLOYEE: An appointment to a temporary/seasonal position regularly scheduled or scheduled for a specific period of time. Agenda Page 50 Page 3 (s) YEARS OF SERVICE: Calculated based on anniversary date with the City, unless otherwise stated. 1.2 POSITION CLASSIFICATION PLAN (a) There shall be prepared a written position class specification for each class of position within the City. All position class specifications shall consist of a title. A description of the distinguishing features of the position class and typical examples of work performed and other pertinent information relative to the preparation and abilities necessary for the duties of the position class. (b) All position class specifications are descriptive and explanatory of the kind of work to be performed but not necessarily inclusive of all duties to be performed. (c) The City Council may create a new position class specification when needed or abolish a position class specification when not needed. (d) The Chief Administrative Officer or Department Head by, as circumstances require, may assigning tasks to personnel that are outside of their specific position class specification. Such assignments will be made on a temporary basis only, and if such assignment becomes more than temporary, a review of the individual’s position class specification will be required. (e) The pPosition Cclassification Pplan will be reviewed periodically by the Council and necessary adjustments made therein. 2.0 RECRUITMENT AND QUALIFICATION EXAMINATIONS (a) Upon approval of the Council, the Chief Administrative Officer shall have a recruiting notice prepared to publicize each endeavor to secure applicants for City employment. Such notice shall be given at least ten (10) days in advance of the closing date for filing applications by posting announcement in the City Hall and by at least one publication in the official newspaper. (b) The recruitment notice shall contain statements regarding the position class position, duties and certain qualifications. (c) Recruiting of applicants for classes of employment shall take place at the direction of the Council. (d) Applications, when submitted, become the property of the City and need not be returned to the applicant. (e) The Council reserves the right to reject any applicant and its decision shall be final. (f) Examination of application shall consist of any testing devices that will establish and confirm the qualifications of the applicants required by the position class for which the applicants applicant is are being examined. (g) In the case of a vacancy in a position requiring particular and exceptional qualifications, the Council may suspend competitionrecruitment. Agenda Page 51 Page 4 (h) The Council reserves the right to determine the type and method of test to be used for each position. (i) All Temporary/Seasonal employees, including STMA Ice Arena employees, shall be hired under this process with the City Administrator approving employment. 2.1 REQUIREMENTS FOR EMPLOYMENT (a) All applicants must be full citizens or resident aliens of the United States before eligibility for employment is complete. (b) All applicants and employees seeking or holding a pPermanent fFull-tTime or Ppermanent part-time position shall have sound physical and mental health. Physical impairments, not of chronic or infectious nature, shall be favorably considered if the physical irregularities are not of such kind that the applicants or employees can reasonably be expected to meet adequately the performance requirements of the position the applicant seeks or the employee holds. The physical condition or the mental condition of persons entering the employment of the City shall be evaluated by a licensed physician approved by the Council and paid for by the City if reasonable cause is shown by a Department Head or the Chief Administrative Officer for the need of such an evaluation[KM1][TL2]. (c) All applicants for a position with the City are required to file an employment application on forms provided by the City. All information must be documented if required by the City. (d) Any applicant giving false information or making false or misleading statements on the application or during test or examination shall not be considered for the position or will be subject to immediate dismissal with complete loss of benefits. (e) A criminal background check may be required for any applicant who has been selected for an interview and/or offered a position. All such applicants shall cooperate and provide the necessary information and/or authorizations for the City to properly conduct such background check. An applicant who has been convicted of a crime which directly relates to the position of employment sought may be disqualified as a candidate for such position. A Predatory Offender Registration background check may be required for any applicant who has been selected for an interview and/or offered a position that will have indirect/direct contact with minors on a daily basis. All such applicants shall cooperate and provide the necessary information and/or authorizations for the City to properly conduct such background check. An applicant may be disqualified as a candidate for such position if they are convicted of a crime which directly relates to predatory offender related to the position that has indirect/direct contact with minors. (e) 3.0 APPOINTMENTS (a) All appointments shall be made solely on the basis of qualifications as required by the position relative to experience, training, personal and physical fitness, skills and knowledge. No person shall be employed, promoted, demoted, or discharged by the Agenda Page 52 Page 5 City, or in any way favored or discriminated against because of political opinions or affiliations, race, color, national origin, religion, sex, marital status, status with regards to public assistance or disability or because of the exercise of rights under provisions of the Public Employment Relations Act, Minnesota Statutes Section 179.61 and 179.76. No person because of age shall be discriminated against with reference to City employment in any way forbidden by federal or state law. (b) Veterans preference shall be granted to those persons entitled to the same in accordance with state law. Proof of military service shall be supplied by the veteran. (c) Appointment to any position is subject to final approval of the Council. (d) It shall be the policy of the Council to fill vacancies in the municipal service by promotion of permanent employees, insofar as it is practical. Promotions from within shall be at the discretion of the City Council. 3.1 PROVISIONAL APPOINTMENTS (a) If necessary to prevent the stoppage of public business or inconvenience to the public, but not otherwise, the Council may make a provisional appointment to a position in a class for which examinations are ordinarily given. (b) No benefits shall be given for service rendered under a provisional appointment unless the appointee shall, at the time of appointment, be a permanent employee in another capacity. (c) A provisional appointment shall be terminated by action of the Council, but in no case shall the appointment remain in force longer than ninety (90) days. 3.2 PROBATIONARY PERIOD (a) The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of the employee to the position and for rejecting any employee whose performance does not meet the required standards. (b) All appointments shall be probationary and subject to a probationary period of six (6) months service after appointment. At any time during the probationary period, any employee may be transferred or dismissed if such employee’s performance does not meet the required standards. (c) All promotions shall be subject to the same probationary period as established for new appointments in subsection (b). If the employee who has been promoted is found unsuited for the work or the class or the position to which promoted, such employee may be reinstated to the position and rate of pay, or other position in the class from which such employee was promoted. (d) Any employee’s probationary period may be extended for an additional six (6) months if such an extension is requested in writing by the Department Head and approved by the Personnell Committee and City Council. (e) Any employee who has completed such employee’s probationary service and has not received written notice within thirty (30) days from the Council that such employee’s Agenda Page 53 Page 6 services are terminated, shall be considered to have successfully completed the probationary period and shall automatically receive status as a permanent employee. (f) During the initial probationary period, as defined in subsection (b), vacation leave and sick leave shall be earned as established in Sections 8.1 and 8.2, respectively. Sick leave shall not be available to the employee until completion of the probationary period, unless an exception is approved by the City Administrator. If employment is terminated prior to completion of the probationary period, no payment for accrued vacation or sick leave shall be allowed. 4.0 EMPLOYEE CONDUCT (a) All City employees are expected to report to work on time and to remain on the job until their assigned shift is over. All employees are expected to use their available working hours to the best advantage in carrying out their duties. (b) The conduct of each individual employee on the job shall be such that it does not bring negative public opinion on the City government or individual staff members. By doing this, the employee not only protects each employee from censure, but also, helps make the entire organization one of which the community can be proud. (c) No employee in the classified service of the City shall directly or indirectly solicit or receive of in any manner concerned in soliciting for receiving any assessment, subscription, or contribution of any political purpose from any person holding a position with the City and no person holding a position in the City shall take any part or be required to take any part in political management or affairs in municipal political campaigns, or other than to cast such employee’s vote in any election and to express privately such employee’s views and opinions as a citizen. This shall not apply to those persons set forth in subparagraphs (1) through (3) of subsections c of Section 1.0 but shall apply to employees exempt under subparagraph (4) of subsection C of Section 1.0. 4.1 PERSONAL TELEPHONE CALLS It is the policy of the City of Albertville that telephone facilities shall be available during normal working hours for effective communication with the City’s citizens and business associates. Accordingly, the City’s facilities should not be used for personal telephone calls except in the case of emergency. (1) Use of the City’s telephone lines shall be confined to business calls. Personal telephone calls shall be limited to those that are absolutely necessary. (2) When necessity requires that an employee make a personal long-distance call, the call shall be placed through the telephone operator and/or charges to the individual’s credit card, home number, or placed collect. (3) Personal cell phone use shall be limited to calls absolutely necessary. 4.2 WIRELESS COMMUNICATION DEVICES Based on business need, the City Administrator, Department Director or designee will determine which positions in the department require a wireless communications device Agenda Page 54 Page 7 and whether the needs are best served through the allocation of a City-purchased/leased wireless communications device or through authorizing an employee to use his/her own personal device for City business, for which he/she will receive a reimbursement by the City as outlined below. Some of those needs include, but are not limited to:  When safety of self or others may be of concern  To provide immediate communication with staff in the department and other agencies, as required, to coordinate programs or to provide customer service  To retrieve messages from voice mail while working in the community  To contact customers in situations where a land line is not available  In personal emergencies including unexpected illness, car trouble, inclement weather, etc.  When the employee's main work location is in the field where land lines are not available  When on call Employees receiving a cell phone reimbursement will be paid a rate of $40 960 per month year for phone and data service, an additional reimbursement of $10 per month for texting service, and data service for City business on a smart phone device. may receive an additional reimbursement of up to $30 per month; however, the total amount of monthly reimbursement shall not exceed the lesser of: 1) $80 per month; or 2) the actual costs of the service paid by the employee. Employees on the reimbursement method shall provide proof that they have a wireless device by providing a copy of their cellular service bill upon request of the City. The employee shall be reimbursed on a bi-weekly basis. Information related to the use of a personal device for City business may be government data. However, it may be considered personnel data which is classified as private data on an individual, but pursuant to court order Employees receiving either a City-purchased wireless communications device or personal wireless device reimbursement are subject to the following requirements:  The wireless communications device must be available for use during all hours of work and when the employee is subject to call.  Use of the device must not provide a distraction to the employee during work hours. This includes limiting personal use during work hours and setting the wireless communications device to a "silent alert" mode during meetings and other times that an interruption is undesirable.  All employees must follow federal, local and state laws pertaining to wireless device use (texting, emailing and voice communications) while driving a motor vehicle.  Adequate security for the device must be provided by the employee to prevent unauthorized users from finding client/work-related information stored in the device's memory. Agenda Page 55 Page 8  Use of public resources, as it relates to this policy, by City employees for personal gain and/or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and punishable by disciplinary action which may include termination and/or criminal prosecution, depending on the nature and severity of the transgression. Electronic Mail: The City may provide employees with an email address for work-related use. Some personal use of the City email system by employees is allowed, provided it does not interfere with an employee's work and is consistent with all City policies. Employee emails (including those that are personal in nature) may be considered public data for both e-discovery and information requests and may not be protected by privacy laws. Email may also be monitored as directed by the City authorized staff and without notice to the employee. Employees must adhere to these email guidelines:  Never transmit an email that you would not want your supervisor, other employees, council members, city officials, or the media to read or publish (e.g., avoid gossip, personal information, swearing, etc.).  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. Do not gossip or include personal information about yourself or others in e-mail  Do not curse or use swear words in an e-mail. Electronic Calendars: A shared calendar environment may be provided as part of the City's email software program. Employees may be required to keep their electronic calendar up to date and, at a minimum, must grant all staff the ability to view their calendar. Instant Messaging: Due to data retention concerns, the City does not provide employees with resources or tools to communicate by instant messaging (IM) when conducting City business. Employees are not allowed to use IM as a mechanism for personal communication through the City's computer network or when using City equipment, and are not allowed to download or install any IM software on their City computer. Personal Devices: Employees may choose to use their own equipment to read or compose email, text, 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 Agenda Page 56 Page 9 during an e-discovery or other court-ordered scenarios, and agree to grant access to their personal devices should such a situation arise. 4.3 OUTSIDE EMPLOYMENT (a) Employees will be permitted to engage in outside employment subject to the following restrictions: (1) Any outside employment is secondary to City employment and shall not interfere with the proper performance of City employment. Employees should report refreshed and ready to work. (2) No employee shall accept pay or compensation from anyone for time during which such employee is reimbursed by the City. (3) Employees are prohibited from working for any contractor or company that has a contract with the City during the time the contractor or company is actually working on city projects or business, unless specifically authorized by the Council. (4) No employee shall accept outside employment that requires the use of City equipment, facilities or materials. (5) Department Heads may prescribe additional regulations as they deem appropriate. (6) Regular City employees[KM3]Permanent Full-Time or Permanent Part-Time employees may perform work for the Fire Department during regular working hours provided such Employee is a member of the Fire Department. When performing work for the Fire Department during regular working hours, regular City employeesPermanent Full-Time or Permanent Part-Time Employees will be paid their regular full-time position hourly wage. When such employee performs work for the Fire Department during non-regular working hours, such employee shall be paid firefighter pay, subject to overtime pay as agreed to by the City and employee when applicable. (b) Any doubtful case, problem, or question concerning outside employment should be taken up with the City Administrator and/or City Council. 4.4 SOLICITATIONS (a) Unless authorized by the City Council, all solicitations among City employees during working hours for charitable or any other purpose and selling of tickets, magazines, merchandise or services of any kind are hereby prohibited. (b) This restriction applies to all solicitations, selling or peddling of every nature in City buildings, whether by City employees or others not in the employ of the City. (c) The address and telephone number of City employees shall be withheld from all persons, business or organizations. Agenda Page 57 Page 10 4.5 FALSE STATEMENTS, ETC.; FRAUD; PAYING FOR EMPLOYMENT, ETC. (a) No person shall willfully or corruptly make any false statement, certificate, rating or report in regard to any test, certificate, or appointment held or made under the municipal personnel system, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of these regulations. (b) No person seeking employment to or promotion in municipal service shall either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person for or in connection with such applicant’s test, proposed appointment or proposed promotion. 4.6 MINNESOTA CLEAN INDOOR AIR ACT MN State Statue 144.417 Minnesota Clean Indoor Air Act (MCIAA) protects employees and the public from the health hazards of secondhand smoke and involuntary exposure to aerosol or vapor from electronic delivery devices by eliminating smoking in public places, places of employment, public transportation and at public meetings[KM4]. The City of Albertville prohibits smoking/vaping of any product in all City buildings and vehicles. 4.6 4.7 WEAPONS AT WORK The City of Albertville hereby establishes a policy prohibiting all employees, except sworn employees of Wright County Sheriff’s Department, from carrying or possessing firearms while acting in the course and scope of employment for the City. The possession or carrying of a firearm by employees other than sworn Sheriff’s Department personnel is prohibited while working on City property or while working in any location on behalf of the City. This includes, but is not limited to: (1) Driving while on City business (2) Riding as a passenger in a car vehicle or any type of mass transit on City business (3) Working at City Hall or any other City-owned work site (4) Working off-site on behalf of the City (5) Performing emergency or on-call work after normal business hours and on weekends (6) Working at private residences and ator businesses on behalf of the City (7) Attending training or conferences on behalf of the City An exception to this policy is that City employees may carry and possess firearms in City- owned parking areas if they have obtained the appropriate permits(s). When responding to on-call work from home after regular work hours, an employee is prohibited from bringing a firearm in the private vehicle unless the vehicle remains in a parking lot and is not needed in order to respond to the call. Violations of this policy are subject to disciplinary action in accordance with the City’s Ddisciplinary pProcedures Ppolicy. 4.7 8 Sexual HarassmentSEXUAL HARASSMENT POLICY (Required) Policy Agenda Page 58 Page 11 This The Sexual Harassment pPolicy is to advise employees of their behavioral obligation to treat other employees and the general public with respect and to inform employees of their right to be free from harassment. The policy applies to all full-time, part-time, and temporary City employees, elected officials, appointed positions, members of boards and commissions, volunteer firefighters and other volunteer personnel and any individuals who are contracted to provide services to the City. The City will not tolerate harassment and with this policy has established procedure for addressing the issue in accordance with the law to ensure a good work environment for its employees. Definition To provide employees with a better understanding of what constitutes sexual harassment, the following definition, based on Minnesota Statues, is provided: Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when: Submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment; Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment; or That conduct or communication has the purpose or effect of substantially interfering with an individual’s employment or creating an intimidating, hostile, or offensive employment environment and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Such conduct or communication occurred because of the sex of the victim even though it is not closely related to the nature or an explicit sexual advance. Conduct prohibited by this policy may include, but is not limited to, unwanted sexual comments, compliments, flirtations, advances, or jokes; sexual suggestions or remarks about a person’s clothing, body, or sexual activity; unwanted and unnecessary touching, brushing against, patting, or pinching; requests for sexual favors; unwelcome and repeated invitations to social engagements or other activities; display in the workplace of sexually suggestive pictures, cartoons or objects; any indication or threat, express or implied, that an employee’s job security, job assignments, conditions of employment, or opportunities for advancement may depend on the granting of sexual favors; conduct, whether deliberate or careless, which creates an intimidating, hostile or offensive work environment interfering with an employee’s work. Expectations The City of Albertville recognizes the need to educate its employees on the subject of sexual harassment and stands committed to provide information and training. All employees are expected to treat each other and the general public with respect and to assist in fostering an environment that is free from unwanted harassment. Violations of this policy may result in discipline, including possible discharge. Each situation will be Agenda Page 59 Page 12 evaluated on a case by case basis depending on the severity and the circumstances involved. Reporting In order for a sexual harassment issue to be addressed, it must be brought to the attention of the proper City official. Any employee who believes he or she has been sexually harassed by a coworker, supervisor or an agent of the City must promptly file a written report of the facts of the incident or incidents and the names of the individuals involved. That report must be promptly filed with the City Administrator, unless the City Administrator is the alleged perpetrator. In that case, the report should be submitted to the Mayor or a member of the City Council. The City Administrator (or the City Council) will investigate such claims. In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also urged to take the following steps: (a) Make it clear to the harasser that the conduct is unwelcome and document that conversation. (b) Document the occurrences of harassment. (c) Submit the documented complaints to your Supervisor, the Administrator, mayor, or Council member. The City urges the employee to put the complaint in writing. (d) Document any further harassment or reprisals that occur after the complaint is made. Investigation The investigation will be conducted by the City Administrator or City Attorney, who have the option to appoint an outside professional consultant if needed. The supervisor will not perform any screening or investigative function. All investigations will be done in compliance with applicable state statutes, union contracts, and this policy. Any employee under investigation for possible violation of this policy will be informed of his or her rights and responsibilities under the Garrity/Tennessen advisory. Strict confidentiality is not possible in all cases of sexual harassment as the accused has the right to answer charges made against her or him, particularly if discipline is the result. Reasonable efforts will be made to respect the confidentiality of the persons involved, to the extent possible in accordance with the Minnesota Government Data Practices Act. Discipline The City will discipline any individual who retaliates against any person who reports harassment or any person who testifies, assists or participates in any manner in any investigation, proceeding or hearing relating to the report alleging sexual harassment. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. City Action Pending completion of the investigation, the City Administrator with City Council approval may at their discretion take any action necessary to protect the alleged victim, other employees or citizens. Agenda Page 60 Page 13 After review of the investigation report, the City Administrator with City Council approval will take such action as they deem necessary and/or appropriate, including termination, to end sexual harassment found to exist. 5.0 PERSONNEL RECORDS It is the policy of the City of Albertville to maintain records on each employee which are directly related to the employee’s job with the City. At all times the City will do its best to balance the employee’s right to privacy with the City’s need to collect and use information. (a) Each employee’s personnel file will contain only such information as is needed by the City in conducting its business or is required by federal, state or local law. This information normally will include: (1) Application forms (2) Payroll information (3) Performance appraisals (4) Medical information (5) Disciplinary records (6) Training certificates and information (7) Letters of commendation (8) Time sheets, attendance records and the like (9) Proof of eligibility to work – 1986 Immigration Act (10) Veterans Certificate, if employee to be classified as a veteran (b) Information contained in each personnel file will be obtained directly from the employee to the greatest extent possible. When information must be obtained from an outside source, the employee will be informed of the identity of the source and the reason the City is obtaining the information. (c) Each personnel file will be reviewed annually to ensure the file contains only information that is relevant to the individual’s employment with the City as specified. Each record in the file will be examined for accuracy, timeliness and completeness. Material that is irrelevant, inaccurate or obsolete will be deleted from the file in accordance with this policy and the Minnesota Government Data Practices Act and under the final authority of the Personnel Committee and City Council. (d) Various federal, state and local laws require that certain records be retained for a specific length of time, as established in the Minnesota Records Retention Act for Cities. Agenda Page 61 Page 14 (e) Each employee is allowed to inspect and request copies of their personnel record in the presence of the Finance Director or the City Clerk. An employee is entitled to review all of the material in the personnel file unless classified as confidential by law. No material shall be removed from a file after a written file review request has been made until the employee has had a chance to review the material. A written request to do so should be directed to the City Clerk who will schedule a time for inspection that is convenient for both the employee and the City. A reasonable charge will be made for any copies of records made by the employee, not to exceed the actual cost to the City. (f) If, after inspecting their personnel record, the employee believes that certain material is irrelevant, inaccurate or obsolete, the employee may submit a written request to the City Administrator to remove the material from the file. The City Administrator will forward the request to the Personnel Committee to either remove the material or to inform the employee why the material should remain in the file. If the employee is not satisfied with the decision, the employee shall be permitted to place a written statement of disagreement in the file and/or may pursue the matter further to the City Council for final formal action. (g) All requests from sources outside the City for personnel information concerning applicants for employment, current employees, and former employees shall be directed to the City ClerkFinance Director, City Clerk and/or Administrator. The City’s “Responsible Authority”, who is the City ClerkFinance Director or City Clerk, will release information to requestors in response to written requests only, after receiving the written consent of the individual who is the subject of the inquiry. However, the City’s “Responsible Authority” may release the following information without first obtaining the consent of the individual involved, based on the Minnesota Data Practices Act: (1) Employment dates (2) Position held (3) Wage and salary information (4) Location of job site (5) Other information as provided in federal and state law (h) In order to keep personnel records up to date, employees are urged to notify the Finance Director in writing of any changes in: (1) Name (2) Address (2) (3) Telephone number (4) Marital status (5) Number of dependents Agenda Page 62 Page 15 (6) Beneficiary designations for any of the City’s insurance, disability and pension plans (7) Persons to be notified in case of emergency (i) When a change in number of dependents or marital status occurs, the employee should report to the Finance Director to complete a new Form W-4 for income tax withholding purposes. (j) All new employees will submit completed and signed employment applications, I-9’s and child support forms as required by law. 5.1 PERFORMANCE REVIEW APPRAISAL POLICY It is the policy of the City of Albertville that the job performance of each employee shall be evaluated annually (once per calendar year) by the employee’s Department Head, the City Administrator and the Personnel Committee. (a) The performance appraisal review consists of a written evaluation of the employee’s performance by the Department Head and the City Administrator’s comments and Personnel Committee recommendations, and, if necessary, an action plan for both the employee and Department Head with performance goals for the next evaluation period. Information derived from the performance appraisal review will be used to identify the employee’s eligibility for pay raises, promotion or transfer. (b) Performance appraisals shall be completed upon the following occasions: (1) At the completion of six months of employment (2) Every calendar year of employment during December (3) When the employee is transferred or promoted to a different job (c) When appropriate, i.e. each time the employee performs exceptionally well or poorly (d) The job performance of each employee shall be evaluated by objectives and goals, knowledge of the job, quantity and quality of work, promptness in completing assignments, and cooperation (e) Initiative, reliability, attendance, judgment, acceptance of responsibility, as specified in the standardized performance appraisal forms approved by the City Council. (f) After the written evaluation has been received by the City Administrator and the Department Head, there will be a meeting with the Personnel Committee to discuss the evaluation, assess the employee’s strengths and weaknesses, and set objectives and goals for the period ahead. The employee shall be given the opportunity to examine the written evaluation and make written comments about any aspect of it. The employee, Department Head, and/or City Administrator and Personnel Committee shall sign and date the evaluation and forward it for inclusion in the employee’s personnel file. Agenda Page 63 Page 16 (g) If the written evaluation contains unfavorable comments or ratings which the employee believes need further consideration and the matter has not been resolved to the employee’s satisfaction during the discussion with the Department Head, City Administrator, and Personnel Committee, the employee may review the matter with the City Council as required. 5.2 GRIEVANCES It is the policy of the City of Albertville to allow employees a process through which they can aggrieve perceived unfair treatment or decisions. A grievance is a dispute or disagreement raised by an employee or group of employees against the City because of an interpretation of City policies. Step 1. Employees having a grievance shall discuss the problem with their Department Head within five (5) working days after the event causing the grievance. It shall be the responsibility of the Department Head to investigate and seek a solution to the problem. The Department Head shall discuss the problem with the employee and others who may have knowledge of the facts involved and recommend a solution to the City Administrator, Personnel Committee, and possibly, the City Council. The Department Head shall give an oral answer within five (5) working days of the time the grievance was initially presented. Step 2. If the grievance is not resolved at Step 1 and the employee wished to appeal the grievance to Step 2, it shall be referred to the City Administrator and signed by the employee and a report prepared by the Department Head. The City Administrator shall full investigate the problem and the facts involved and discuss the matter with the parties concerned. After fully having investigated the problem, the City Administrator shall advise the parties concerned in writing within ten (10) working days. Step 3. In the event the grievance is not resolved at Step 2 and the employee wishes to appeal the decision to Step 3, it shall be referred in writing along with copies of the written grievances and responses from Steps 1 and 2 to the Personnel Committee. Within ten (10) working days of submission, the Personnel Committee shall schedule a hearing for the purpose of resolving the grievance. The Personnel Committee shall have the authority to call any city employee for testimony on the matter and all departments for the purpose of resolving grievances. After conducting the hearing and investigation, the Personnel Committee shall render a decision in writing to the City Council at their next regular meeting as required. In all cases the decision of the City Council shall be final, subject to a court of law. If the grievance is not presented in the time periods set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit, it shall be considered settled on the basis of the prior answer. If the proper authority does not answer a grievance or appeal; thereof within the specified time limits, the employee may elect to treat the grievance as denied and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the employee and the authority involved in the Step. Agenda Page 64 Page 17 5.3 SAFETY (a) There will be a Safety Committee set up consisting of two (2) City employee representatives (chosen by the employees) and two (2) supervisory personnel. This committee shall meet on a semi-annual basis. (b) The Safety Committee will set written rules concerning all City safety procedures, including on-the-job conduct, dress codes, health and injury policies, and other related subjects. (c) The Safety Committee will be guided in setting up its rules by the most recent OSHA standards and publications but will not be limited by these standards. The personal health and safety of each employee of the City and the prevention of occupational injuries and illnesses are of primary importance to the City. Administration of this policy is the responsibility of each Supervisor. Worker’s compensation benefits and OSHA (job safety laws) require that all on the job accidents and sickness be reported as soon as possible by the employee, or on behalf of the injured or sick employee, to his or her Supervisor. Any employee routinely exposed to hazardous substances or harmful physical agents as defined in the Minnesota Employee Right to Know Act of 1983 (Laws 1983, Ch. 316, Minn. Stat. 182.65-182.675) shall be trained before being assigned or reassigned to work which exposes the employee to such substances or agents, and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the workplace, how the hazards are labeled, and where to obtain specific information. The City Administrator shall provide for such training and for compliance with the “Minnesota Employee Right to Know Act of 1983,” including the establishment of specific policies to ensure compliance with the state law and regulations. An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm to the employee. 6.0 SALARIES It is the policy of the City of Albertville to pay wages and salaries which are based upon the nature of the job performed and which are competitive with rates being paid for similar work by other employers and cities in the community/state and commensurate with pay equity. (a) The City Administrator and the Personnel Committee have been appointed to review all wages and salaries on an annual basis. It is their responsibility to determine whether existing pay ranges are competitive and whether the compensation of individual employees accurately reflect their job performance and responsibilities. Increases for individual employees and adjustments to the pay ranges will be presented to the City Council by committee in keeping with the Minnesota law on pay equity. The City Council will formally act on any recommendations by resolution of the Council. Agenda Page 65 Page 18 (b) New employees generally are hired at the minimum pay rate of the pay range in relation to the nature of the job. Department Heads may recommend higher starting rates based on the employee’s prior experience and/or education. These recommendations will be reviewed by the City Administrator and the Personnel Committee before recommendation for formal action by the resolution of the City Council. (c) Wage and salary surveys are conducted among area cities and the League of Minnesota Cities. The date obtained from these surveys form the basis for the City Administrator and Personnel Committee’s recommendations for pay adjustments to the City Council for formal action. (d) There will be no automatic cost-of-living adjustment. Cost of living adjustments must be approved by the City Council. (e) Employees are paid every two weeks (bi-weekly) on Wednesday following the close of the pay period. (f) On each payday, employees will receive a statement showing gross pay, deductions, and net pay. City, Federal, Social Security (FICA), State taxes, Public Employees Retirement Association (PERA) and employee contributions to the City’s benefit plans will be automatically deducted. Deductions for the 457K Plan and other City Council authorized deductions will be made if the employee submits a written request to the City. (g) Every permanent full-time or permanent part-time employee shall be considered for an increase in compensation based on a salary compensation plan within the City’s adopted annual budget. Compensation increases will not be given on an automatic basis, but shall be contingent upon favorable service/performance reports and recommendation of the Department Head and City Administrator, as well as the availability of funds. (h) Pay schedules for compensation will be established within the City’s adopted annual budget with all pay ranges and steps determined in hourly pay amounts. The resolution will establish pay ranges based on Pay Equity Job Value Points with steps for future movement based on performance. (i) At the time of initial employment, promotion or demotion, the City Council will appoint the employee by resolution and will specify in the resolution the criteria, such as education and/or experience used for initial placement on a step within a pay range. Movement between steps will be based on the initial criteria for credit and other verifiable criteria credit as deemed appropriate by the City Council to determine the move to the next step on the pay schedule. 6.1 PAY POLICY IN TRANSFERS, PROMOTIONS OR DEMOTIONS (a) In the case of a demotion, if the rate of pay for the former position is more than the rate of pay established for the new position, the demoted employee’s rate of pay shall be reduced to the pay set for the new position. Agenda Page 66 Page 19 (b) In the case of a transfer, not in the nature of a promotion or demotion, the rate of pay shall remain the same. (c) In the case of promotion, the rate of pay shall be increased to a rate of pay not less than the employee’s former position nor greater than the new (promoted) position as determined by the Council. (d) In all cases of promotion, the pay shall be increased by an amount equal to at least one step or pay range from which promoted. 6.2 ADVANCEMENT; DEMOTIONS (a) Advancement with the City service will be based on merit and efficiency, having due regard for the length of service or any other extenuating circumstance. (b) No test of political belief or religious affiliation will be required or considered in for advancement or demotion of any City personnel. (c) Any City employee may be demoted by the City Council for inefficient performance or such employee’s duties, for disciplinary reasons, or for other good and sufficient reasons. (d) Any employee wishing to dispute a demotion may do so in accordance with Section.12, GRIEVANCES. 7.0 REGULAR HOURS OF WORKOF OPERATION It is the policy of the City of Albertville to establish working hours as required by workload, present service needs, and the efficient allocation of personnel resources. Regular work hours will be set forth by resolution of the City Council. (a) The normal workweek is established as 12:01 AM Saturday morning and termination at 12:00 PM Friday night, consisting of a forty (40) hour week for both essential and non-essential[KM5] employees as defined by Minnesota law (Minnesota State Statute 179A.03). (b) The normal workday shall consist of eight or ten consecutive hours of work (following the council approved hours of work for departments), plus a thirty (30) minute, duty-free, unpaid meal period. Employees shall have two (2) duty-free paid fifteen (15) minute rest periods, scheduled approximately half-way in the morning and afternoon work schedules. (c) Attendance at meetings and training programs are not considered time worked if: (1) The employee’s attendance is voluntary, i.e. not required by the City; or (2) Course or meeting is not directly related to the employee’s job. (d) When a department is required to work more than one shift per day, the hours of work for each shift will be determined by the Department Head. Employees shall be informed of their scheduled shift of hours of work and of any changes to the schedule as far in advance as possible, generally one work shift minimum for advance notice. Agenda Page 67 Page 20 (e) Employees may be required to work overtime whenever it is deemed necessary by their Department Head. No employee shall be permitted to work overtime without the prior approval of their Department Head and/or City Administrator. For the purpose of compensation, only hours worked in excess of forty hours during a workweek will be counted. 7.1 ON- CALL AND ROUNDS POLICY One Employee from the Public Works/Utilities Department is required to be on-call during non-business hours for emergency issues and to conduct routine weekend rounds. On- call shall be for the course of one week and shall be assigned to employees by a Public Works/Utilities Supervisor and/or City Administrator. The weekNon-business hours for on- call will be from Friday at 4:00 PM to Friday the following week at 3:59 PM. The employee who is on-call must remain within 30 minutes of the wastewater treatment plant at all times and will receive one (1) hour of pay per day paid at one and one-half (1½) times their regular hourly pay rate. On-call employees conducting routine weekend rounds and rounds on holidays will, in addition, be paid on an hourly basis at one and one-half (1½) times their regular hourly pay rate. Employees conducting rounds will be paid a minimum of one (1) hour at one and one-half (1½) times the regular hourly pay rate. 7.2 ON- DUTY POLICY When an employee is “On- Call” status and is called out to “On- Duty” status, causing the employee to lose the ability to utilize their own time for their own benefit, they will be compensated in accordance with City policies on overtime and/or compensatory time off. 7.3 OVERTIME (a) In emergencies and during peak workloads, certain City employees may be required to work overtime. (b) All overtime worked must be authorized by the appropriate Department Head or by the Chief Administrative Officer. (c) The City and employees shall make every effort possible to limit compensatory time to essential needs. (d) Employees called out after regular working hours will be paid a minimum of one hour times one and one-half (1½) times the regular hourly pay rate unless specifically excluded by the Department Head. (e) Accrued time, including vacation leave and sick leave, in excess of forty (40) hours per seven (7) day period as defined in subsection (a) of Section 7, shall be compensated for at one and one-half (1½) times the regular pay. 7.4 COMPENSATORY TIME Agenda Page 68 Page 21 It is the policy of the City of Albertville to maintain a policy on compensatory time off for use when overtime had been earned for work periods extending beyond the normal workweek of forty (40) hours and overtime is not being paid. (a) Compensatory time may be granted to regular permanent full-time permanent employees for any of the following reasons: (1) Employees were required to work overtime by the City. (2) Emergencies that required employees to be called out. (3) Weekend “On Call” and “Inspection Check” duties. (4) After business hours functions where the City requests the employee to be present. (b) The City and employees shall make every effort possible to limit compensatory time to essential needs. (c) Determinations as to eligibility for compensatory time shall be made by resolution of the City Council based on current federal and state laws on overtime. (d) All compensatory time must be taken in multiples of one hour or more. (e) Determination of daily and weekly work schedules are at the discretion of the City Council, City Administrator, and Department Head. (f) Compensatory time may be used in conjunction with vacation periods. (g) An employee may take the option of banking overtime in a compensatory overtime bank to a maximum of forty (40) compensatory time off hours. One and one-half (1½) hours of compensatory time off will be granted for every employee determined eligible for overtime compensation by resolution of the City Council.10 (h) Every effort shall be made to utilize compensatory time off within the same pay period of its being earned. 8.0 HOLIDAYS (a) The Legal Holidays to be observed for all City Employees is passed by resolution annually. Legal Holidays will be observed by all City employees as one (1) eight (8) hour day for each Legal Holiday approved by City Council. The number of hours paid per holiday are dependent on the departments work schedule based on the time of the year. City employees may be required to use vacation time when they are following the four (4) ten (10) work week schedule. To receive holiday pay the employee must work, or use vacation, compensatory or sick time, the scheduled day before and after the holiday. (b) Whenever one of the legal holidays falls on a Sunday, the following day shall be observed as a holiday. Agenda Page 69 Page 22 (c) Whenever one of the above legal holidays falls on a Saturday, or Friday if following the four (4) ten (10) hour work week, the preceding day will be observed as a holiday. (d) All employees who are required to be on- duty on any holiday, or who agree to be on- duty on any holiday, or who are on vacation during any holiday, shall either be given the following day as a holiday, or given an additional day of vacation leave, at the discretion of the Department Head, or paid one and one-half (1½) times their regular rate of pay for actual hours worked. (e) All employees who choose to be off- duty for any legal holiday and are called out for duty will be compensated at one and one-half (1½) times their regular rate of pay. (f) Any permanent part-time employee, other than seasonal, casual[KM6],volunteer, temporary or recreational, whose employment is of indefinite duration and consists of a regularly scheduled workweek of at least (30) hours, but less than (40), shall receive pro-rated hours of pay for each holiday set forth in subsection (a) of this section for the pay period within which the holiday occurs. Such employee is hereby defined as a permanent[KM7], part-time employee. (f) (g) City offices will close at 12:00 noon on December 24th of each year if it falls on a regular work day. City employees shall use vacation or compensatory time for the remaining half day. 8.1 VACATION LEAVE It is the policy of the City of Albertville to grant vacation with pay to permanent full-time employees in accordance with guidelines established below. (a) An employee’s anniversary date will be used to determine an employee’s length of service for vacation. All anniversary dates will be January 1st. (b) An employee must have maintained one hundred percent (100%) approved compensated time (regular work hours, holiday pay, sick leave and vacation leave) for the calendar month in order to accrue vacation time based on the monthly accrual rate. An employee must have completed the probationary period before using accrued vacation leave, unless an exception is approved by the City Administrator. (c) Permanent Full-time permanent employees will accrue vacation leave at one additional eight (8) hour day per year of service. Permanent Part-time permanent employees with a regularly scheduled workweek of at least thirty (30) hours but less than forty (40) hours shall receive prorated vacation accruals. The following schedule is an example: Length of Service Paid Vacation 0 – 12 months 5 days 2nd year 10 day 3rd Year 11 day Agenda Page 70 Page 23 4th Year 12 day 5th Year 13 day 6th Year 14 day 7th Year 15 day 8th Year 16 day 9th Year 17 day 10th Year 18 day 11th Year 19 day 12th Year 20 day 13th Year 21 day 14th Year 22 day 15th Year 23 day 16th Year 24 day Over 16 years 25 day (d) Vacation pay for permanent full-time and permanent part-time employees employees shall consist of the employee’s regular rate of pay. (e) Accrued vacation may be taken as it is earned; however, each employee shall submit vacation plans to the Department Head. In the event of conflicting vacation plans within a department, priority shall be established on the basis of the date vacation plans were submitted and the employment anniversary date, but in no case will an employee, regardless of their employment anniversary date, be allowed to re- schedule vacation plans in place of another employee in the same department unless the other employee agrees to re-schedule his/her vacation and approval is given by the Department Head and/or the City Administrator. (f) Should circumstances compel a re-scheduling of vacation plans, any changes must be approved by the Department Head and the City Administrator. It is the responsibility of the Department Head to ensure that staffing is adequate at all times. (g) An employee’s maximum vacation accumulation shall not exceed 150% of the employee’s annual accrual at any point in time and any amount in excess of such 150% of the accrual shall be lost. Agenda Page 71 Page 24 (h) On separation from employment with the City for reasons other than cause or resignation without due notice, an employee shall receive vacation pay for any accrued and unused vacation. However, no vacation pay will be paid for new employees who have worked less than twelve (12) months. (i) If a paid holiday falls within an employee’s vacation period, the holiday is not considered a vacation leave day. (j) Any employee who feels there is a discrepancy in the calculation of their vacation pay or eligibility may request a review of that calculation by the Finance DirectorHuman Resources and/or City Administrator. (k) Temporary employees, Part-Time employees with a regularly scheduled workweek of less than thirty (30) hours, or employees on a leave of absence, are not eligible for vacation pay under this policy. 8.2 SICK LEAVE AND EARNED SICK/SAFE TIME AND INCENTIVE (a) Sick leave and earned sick/ safe time may be granted to employees for any of the following reasons: (1) Sickness or injury resulting in temporary disability of the employee or a member of his/her immediate family. (2) The necessity of medical, dental or chiropractic care. (3) Childbirth or adoption procedures. (4) Death of an immediate family member. (5) Testifying as a witness in a judicial proceeding. (6) An absence due to hazardous travel conditions (i.e. snow or ice). (7) Bone marrow donations. 1) Mental or physical illness, injury or other health condition of the employee or employee’s family member 2) Need for medical diagnosis, care or treatment of a mental or physical illness of the employee or the employee’s family member 3) Need for preventive medical or health care for employee or employee’s family member 4) Childbirth or adoption procedures 5) Bone marrow donations 6) Death of a family member Agenda Page 72 Page 25 7) An absence due to hazardous travel conditions (i.e. snow or ice) 8) Closure of place of business due to weather or public emergency, or for a family member whose school or place of care has been closed due to weather or public emergency 9) Inability to work or telework because the employee is prohibited from working by the city due to health concerns related to potential transmission of a communicable illness related to a public emergency. Or, if the employee is seeking or awaiting the results of diagnostic test for, or medialmedical diagnosis of, a communicable disease or the city has requested a test or diagnosis 10) When determined by a health authority or health care professional that the presence of the employee’s family member in the community would jeopardize the health of others because of the exposure to a communicable disease, whether or not the family member has actually contracted the communicable disease. 11) Absence due to domestic abuse, sexual assault, or stalking of an employee or an employee’s family member provided the absence it to:  Seek medical attention related to physical or psychological injury or disability cause by domestic abuse, sexual assault or stalking  Obtain services from a victim services organization  Obtain psychological or other counseling  Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking  Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault or stalking 12) Testifying as a witness in a judicial proceeding (b) Permanent Full-time employees accrue sick leave and earned sick/safe time leave at a combined total of one (1) eight (8) hour day for each calendar month of full-time service. Permanent Part-time permanent employees with a regularly scheduled workweek of at least thirty (30) hours but less than forty (40) hours shall receive prorated sick leave and earned sick/safe leavetime accruals. Earned Sick/Safe time will accrue up to 48 hours annually with a maximum of 80 hours. Sick leave leave may be accumulated to a maximum of one ninetyhundred (10090) days or 720800 hours. Hours accumulated for sick leave in excess of the maximum will be applied to the sick leave leave incentive portion of this policy. Sick leave and earned sick/safe time leave may be taken in ¼ hour increments with a minimum of one (1) hour. (b)(c) Temporary/Seasonal/Volunteer Fire Fighter employees accrue sick and safe time at one (1) hour for every thirty (30) hours worked. Sick and safe time may be accumulated to a maximum of forty-eight (48) hours annually with a maximum balance of Eighty (80) hours. Eligible use of Earned Sick and Safe Time occurs once the employee has worked Eighty (80) hours in a year without separation. When Agenda Page 73 Page 26 there is a separation from city employment if the employee is rehired within 180 days of separation, previously accrued earned sick and safe time that had not been used will be reinstated and accrue additional earned sick and safe time at the commencement of re-employment. (c) An employee is not entitled to sick leave during the probationary period; when the employee receives regular status from the City Council, the employee is entitled to use sick leave accrued from the initial date of employment. (d) To be eligible for sick leave and earned sick/safe time leave with pay, an employee shall: (1) Report as soon as possible to their Department Head the reason for the absence (within two hours of normal reporting time). (2) Keep their Department Head informed of their condition, and if the absence is of more than three days’ duration, the City may require appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support sick leave or use of earned sick/safe time.submit to the City AdministratorHuman Resources and/or City Administrator a medical certificate signed by a licensed physician explaining the reason for the absence 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 sick leave or earned sick/safe time 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 the state law, the city will not require an employee using earned sick/safe time to find a replacement worker to cover the hours the employee will be absent.. (e) Using or claiming sick leave for a purpose not authorized in this policy will be cause for disciplinary action. (f)(e) For the purpose of accumulating additional sick leave and earned sick/safe time leave, an employee using earned sick leave and earned sick/safe time leave is considered to be working. (f) The Finance DirectorHuman Resources shall maintain records of each employee’s accumulated sick leave and earned sick/safe time leave and absences that have occurred during a calendar year. An employee shall may be required to provide an explanation to their Department Head, City Administrator, Personnel Committee, or City Council when if/when more than three absences have occurred in a given year. (g) The city shall not discharge, discipline, penalize, interfere with or otherwise retaliate or discriminate against and employee for asserting earned sick/safe time rights, requesting aan earned sick/safe time absence, or pursuing remedies. Further the use of earned sick/safe time will not be factored into any attendance point system the city may use. Additionally, it is unlawful to report or threaten to report a person Agenda Page 74 Page 27 or a family member’s immigration status for exercising the right under earned sick /safe time. (g)(h) In accordance with law, employees may use sick leave and earned sick/safe time during Family and Medical Leave, at their option. Employees must use sick leave or earned sick/safe time prior to using paid vacation or compensatory time prior to an unpaid leave of absence for Family and Medical Leave, except where Parenting Leave, Family or Medical Leave overlap. (h)(i) Sick Lleave Iincentive pProgram: Permanent Full-time and Permanent Part-time An employees shall earn one-fourth (1/4) day paid vacation or one-fourth (1/4) day’s pay in lieu of paid vacation at the employee’s option. The option shall be selected in December of each year for the next calendar year running December 1st and terminating November 30th. This option is only active and available when the beginning sick leave balance for each month is one hundredninety days (10090) days. In the event an employee takes sick leave, the employee then cannot earn the one-fourth (1/4) day of incentive stipulated for that month. The cash in lieu option will be paid, if applicable, on the first regular payroll check in December ofwould be made in December between the two normal payrolls each year. December 1st will be the date used in calculating the vacation or days paid in lieu of vacation option. Temporary/Seasonal/Volunteer Firefighter employees are not eligible for the sick leave incentive program under this policy. (i) Temporary employees, Part-Time employees with a regularly scheduled workweek of less than thirty (30) hours, or employees on a leave of absence, are not eligible for sick leave pay under this policy. (j) On separation from Permanent Full-time or Permanent Part-time employment with the City for reasons other than cause or resignation without due notice, an employee shall receive a percentage of their sick leave and earned sick/safe timeleave pay as is outlined below. However, no sick leave and earned sick/safe time pay will be paid for employees who have worked less than five years. Length of Service Percentage of Sick Leave 5-9 years 10% 10- 14 years 20% 15+ years 30% Temporary/Seasonal/Volunteer Fire Fighter employees are not eligible for sick leave and earned sick/safe time payout under this policy. (k) Retirement – Permanent Full-time and Permanent Part-timeAn employees leaving the service of the employer in good standing, because of retirement, shall have 50% of the balance of accumulated sick leave and earned sick/safe time pay for single coverage medical insurance. The value is determined by the balance in the sick leave and earned sick/safe time leave bank times the current rate of pay for the employee at retirement. The retired employee shall have the option of remaining on the employers’ group insurance plan, with the retiree assuming full responsibility for Agenda Page 75 Page 28 the premium payments. If the retiring employee chooses not to remain on the employer’s group insurance plan, the employee may receive a percentage of their sick leave and earned sick/safe time leave balance as a cash payout as outlined below. Length of Service Percentage of Sick Leave 5-9 years 10% 10- 14 years 20% 15+ years 30% (l) In case of death of a Permanent Full-Time or Permanent Part-time n employee prior to retirement or other termination, payment in an amount equal to 10% of the accumulated sick leave and sick/safe time leave accrued to the credit of the employee shall be paid to the employee’s estate. Temporary/Seasonal/Volunteer Fire Fighter employees are not eligible for sick leave and earned sick/safe time payout for under this policy. (l) 8.3 INSURANCE (a) Benefits are offered to permanent full-time , permanent employees and his/her dependents. Benefits to cover permanent Part-time permanent employees with a regularly scheduled workweek of at least thirty (30) hours but less than forty (40) hours shall receive prorated insurance benefits. (1) Life Insurance Policy ($30,000 employee, $5,000 spouse and $2,000 child). *Policy requires minimum of at least 32 scheduled hours a week year-round ** Policy covers children until age 22 or married before age 22 (2) Health Insurance Policy – Major Medical/Fee for Service: HMO; major medical, a combination of these programs or flexibility to explore new options as they become available. *Children can be covered until age 26 (MN Statue 62A.302) (3) Dental Insurance Policy – Diagnostic and preventative services, other services, and flexibility to explore new options as they become available. *Under the Affordable Care Act most plans cover children until age 26 (4) Vision Insurance Policy – Comprehensive exam of visual functions and prescription of corrective eyewear, limited eyewear coverage and the flexibility to explore new options as they become available. *Under the Affordable Care Act most plans cover children until age 26 (5) Short-Term Disability Insurance Policy – Short-term insurance to supplement employee wages and sick leave in the event there is a coverable absence from work. Coverage up to 26 weeks (per incident/claim). Agenda Page 76 Page 29 *Policy required minimum of at least 32 scheduled hours a week year-round (6) Long-Term Disability Insurance Policy – Long-term insurance to supplement employee wages in the event there is a coverable absence from work for an extended period of time. *Policy required minimum of at least 32 scheduled hours a week year-round (b) Other Benefits (optional) (1) Flexible Benefits Plan (1) (2) Health Care Savings Plan (3) Supplemental Insurance product (example such as Aflac/Globe Life) (4) IRS 125 Deduction for premium payments 8.4 HEALTH CARE SAVING PLAN Post-Retirement Health Care Savings Plan The City of Albertville permanent Full-time employees and permanent Part-time permanent employees with regularly scheduled workweek of at least thirty (30) hours, but less than forty (40) are eligible to participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minnesota Statutes, section 352.98 (Minn. Supp. 2001) and as outlined in the Minnesota State Retirement System's Trust and Plan Documents. All funds collected by the employer on the behalf of the employee will be deposited into the employee's post-employment health care savings plan account. Employee Contribution All employees must contribute the mandatory minimum wage percentage set by 100% agreement of all employees. Contribution amounts may change every two years if 100% agreement of all employees and employer are met. All employees agree upon a tiered contribution effective DATE: 01/01/2022. Employees have agreed to contribute an ongoing percentage of pay as set below: Employees who have: 0 - 5 years of service shall contribute 2% of pay 6 + years of service shall contribute 4% of pay Employer Contribution The City of Albertville, approved by City Council, will match the employee’s HCSP tiered contribution as set below: Employer contribution for employees who have: 0 - 5 years of service shall contribute 2% of pay Agenda Page 77 Page 30 6 + years of service shall contribute 4% of pay 8.5 LONGEVITY PAY Purpose The purpose of this policy is to reward employees Permanent Full-Time and Permanent Part-Time for staying with the City, increasing their knowledge and applying it to their jobs. The policy is also intended to maintain high employee retention and to maintain competitive pay for the City’s employees[KM8]. Pay and Terms So long as budgetarily feasible, Permanent Full-Time employees will be paid $100 for each full year of service completed with the City. Permanent Part-Time employees will be paid at a prorated rate. An employee must have completed at least one full year of service to be eligible for payment. Payment would be made in December between the two normal payrolls. Taxes such as federal and state withholding and FICA contributions would apply. PERA would also apply. Should an employee terminate during the year, they will not receive any longevity pay. Longevity pay is only paid to employees that are active at the time payment is scheduled to be made. If an employee is out on FMLA leave, they are eligible for longevity pay. If an employee terminates employment with the City, then is re-hired, years of service shall be calculated from the initial hire date as long as no more than 6 months have passed between the termination date and re-hire date. If more than 6 months have passed between the termination date and re-hire date, longevity pay is calculated based on the re-hire date. Longevity pay applies only to benefit earning employees. Seasonal/Temporary/Volunteer Fire Fighter employees are not eligible. 8.6 TUITION ASSISTANCE The City of Albertville encourages the continued education and professional development of its staff by assisting employees with certain tuition expenses. The City of Albertville will assist staff in paying for costs related to education provided that participation is approved in advance under the following criteria and procedures: (a) The employee requesting tuition assistance has completed his or her probationary period and has been appointed as a permanent regular full-time or permanent part- time permanent city employee. (b) The subject matter of the course work is directly job related. The responsibilities outlined in the position description and annual employee work and training goals will be considered in determining if the request is job related. Courses taken by employee in order to maintain licensing or other professional accreditation will not be eligible under this section unless the subject matter relates directly to the employee’s duties, even though the employee may be required to maintain such licensing or accreditation as a condition of employment. Agenda Page 78 Page 31 (c) The request for tuition assistance must be submitted in writing to the City Administrator. Such requests should include the total dollar amount requested for assistance and a statement of how the education or training is related to the employee’s job. (d) Course work must be taken at an accredited institution of higher education. An invoice for tuition must be submitted to the Finance Officer for payment. Tuition assistance is not available for the cost of books, supplies or equipment. Following course completion, the employee must submit verification of a passing grade (C or better or a pass in a pass fail system). (e) Course work must be scheduled in such a way as to avoid conflict with the employee’s normal workday schedule. If the employee cannot avoid conflict and must leave work for class they must take vacation or sick time. (f) Tuition assistance will not exceed the amount listed in the annual budget for each department. 9.0 MILITARY LEAVEAUTHORIZED LEAVE FOR MILITARY DUTY The provisions of Minnesota Statutes 1978, Section 192.26 to 192.264, related to military leave, are hereby adopted by reference as is fully set forth herein. 9.1 JURY OR WITNESS DUTY Regular employees may be absent with pay when serving jury duty or when subpoenaed as a witness in court or voluntarily serving as a witness in a case in which the City is a party. Jury Duty is considered regularly scheduled work hours. To receive their normal wages, the employee must pay the City the jury duty compensation, minus any mileage reimbursement. If the jury duty compensation exceeds the regular salary rate, he or she may keep the difference. Employees summoned to serve on a jury or as a witness shall notify their Supervisor or the City Administrator immediately in order to provide sufficient time to cover the employees’ work assignments. When employees are excused from service on a jury or as a witness during their regular working hours, they are expected to return to work. Employees will continue to receive City benefits while serving on a jury or as a witness. However, if jury or witness duty lasts longer than 10 working days, performance reviews and probationary periods may be extended by the length of the duty at the discretion of the City Administrator. 9.2 LAYOFFS (a) The City Council may lay off any employee whenever such action is made necessary by the reason of shortage of work or funds, the abolition of a position, or changes in organization. Agenda Page 79 Page 32 (b) Two (2) weeks advanced written notice shall be given to the employee involved, except that this provision shall not apply to seasonal and temporary employees. (c) No permanent employee shall be laid off while there are temporary, provisional or probationary employees serving in the same position for which the permanent employee is qualified, eligible and available. (d) The Chief Administrative Officer may temporarily lay off any City employee without pay for a period not exceeding one (1) day due to lack of work or for disciplinary reasons. A written report documenting the reason for the layoff will be provided to the City Attorney and the City Council. Upon request of the affected employee, the City Council will review the layoff action and, if warranted, restore the loss of pay[KM9]. (d) 9.3 LEAVE OF ABSENCE WITHOUT PAY (a) Upon request of an employee, leave of absence without pay may be granted by the City Council, taking into consideration good conduct, length of service, efficiency of the employee and the general good of the City. (b) Such leave of absence shall not exceed a period of ninety (90) days, provided that the same may be extended beyond such period if the leave of absence is for continued disability or other good and sufficient reason, but in no case to exceed one year, except when the employee is detained for military service duty. or is disabled for disability incurred while in the service of the City. (b) (c) No vacation or sick leave and earned sick/safe time leave benefits shall accrue during a period of leave of absence without pay. (d) Leave of absence without pay shall require advance approval of the appropriate Department Head and the City Council. (e) The City may cancel a leave of absence at any time upon written notice to the employee specifying a reasonable date of termination of the leave. 9.4 ABSENCE WITHOUT LEAVE (a) No employee shall be absent himself or herselfthemselves from duty without specific permission of such employee’s Department Head. as specified in other section of this policy. (b)(a) An employee absenting himself or herselfthemselves from duty without leave or permission may be subject to disciplinary action or dismissal. (c)(b) Any employee who habitually absents himself or herselfthemselves from duty without leave or permission may be discharged from City service employment by the City Council. (d)(c) Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the City Council as a resignation from City employment with benefits. Agenda Page 80 Page 33 9.5 SCHOOL CONFERENCES AND ACTIVITIES (MN Dept of Labor)LEAVE Minnesota’s School Conference and Activities Leave law allows eligible employees up to 16 hours of unpaid leave from work to attend their child’s school conferences and activities each year and for each child MN Statues 181.9412 All employees are eligible regardless of amount of time for which they have worked for their employer. “Child” includes any child of the employee, whether biological, adopted or foster, who is younger than 18 or who is younger than 20 and is still attending secondary school. The employee may choose to use available vacation, sick or compensated time, but the is not required. Leave can be used to attend school conferences and school-related activitesactivities that cannot be scheduled during non-work hours. When possible, the employee must provide reasonable advance notice before the leave and make a reasonable effort to schedule the leave when it will not undultyunduly disrupt the operations of the CityRegular employees, who work an average of twenty (20) or more hours per week during the twelve consecutive months preceding the request for leave, are qualified and must be granted a leave of absence to attend school conferences, pre-kindergarten, special education, or classroom activities related to the employee’s child up to 16 hours annually. Leave shall only be granted if the conferences or activities cannot be scheduled during non-work hours. Employee can take Vacation or comp time for this if they wish. 9.6 ELECTIONS/VOTING (State of MN) Employees shall notify the City Administrator at least 20 days in advance and provide certification from the appointing authority. All employees who are eligible to vote at a State Primary or General Election, an election to fill a vacancy in the office of the United States Senator or Representative, or a Presidential Primary will be allowed time off with pay to vote during the election day. Employees shall seek prior approval from their Supervisor or the City Administrator to ensure that the City is staffed appropriately. 9.7 FAMILY AND MEDICAL LEAVE ACT The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of unpaid, job-protected leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. The following is a summary of FMLA provisions and regulations as they are applied to City employees: This law covers only certain employers; affects only those employees eligible for the protections of the law; involves entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; sets requirements for notice and certification of the need for FMLA leave; and protects employees who request or take FMLA leave. The law also includes certain employer record keeping requirements. FMLA allows employees to balance their work and family life by taking reasonable unpaid leave for certain family and medical reasons. FMLA seeks to accomplish these purposes in a manner that accommodates the legitimate interests of employers, and minimizes the Agenda Page 81 Page 34 potential for employment discrimination on the basis of gender, while promoting equal employment opportunity for men and women. FMLA applies to all public agencies, including State, local and Federal employers, and local education agencies (schools); and private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year including joint employers and successors of covered employers. To be eligible for FMLA leave, an employee must work for a covered employer and: (1) have worked for that employer for at least 12 months; and (2) have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave in a 12-month period for one or more of the following reasons: (1) for the birth of a son or daughter and to care for the newborn child; (2) for the placement with the employee of a child for adoption or foster care, and to care for the newly placed child; (3) to care for an immediate family member (spouse, child, or parent -- but not a parent in-law) with a serious health condition (4) when the employee is unable to work because of a serious health condition; and (5) For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status. Leave to care for a newborn child or for a newly placed child must conclude within 12 months after the birth or placement. Spouses employed by the same employer may be limited to a combined total of 12 workweeks of family leave for the following reasons: (1) birth and care of a child; (2) for the placement of a child for adoption or foster care, and to care for the newly placed child; and (3) to care for an employee's parent who has a serious health condition. An eligible employee may also take up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the service member. FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee's serious health condition. Intermittent/reduced schedule leave may be taken to care for a newborn or newly placed adopted or foster care child only with the employer's approval. Agenda Page 82 Page 35 Only the amount of leave actually taken while on intermittent/reduced schedule leave may be charged as FMLA leave. Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Employers may account for FMLA leave in the shortest period of time that their payroll systems use, provided it is one hour or less. Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with their employers to schedule the leave so as not to unduly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee's regular job. Substitution of Paid Leave - Employees may choose to use, or employers may require the employee to use, accrued paid leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued paid vacation or personal leave for any of the situations covered by FMLA. The substitution of accrued sick or family leave is limited by the employer's policies governing the use of such leave. Serious Health Condition - "Serious health condition" shall be defined by the FMLA. An employer may, at its own expense, require the employee to obtain a second medical certification from a health care provider. The employer may choose the health care provider for the second opinion, except that in most cases the employer may not regularly contract with or otherwise regularly use the services of the health care provider. If the opinions of the employee's and the employer's designated health care providers differ, the employer may require the employee to obtain certification from a third health care provider, again at the employer's expense. This third opinion shall be final and binding. The third health care provider must be approved jointly by the employer and the employee. The "Certification of Health Care Provider" (optional form WH-380) may be used to obtain the certifications. The City may request that the employee provide a recertification no more often than every 30 days and only in connection with an absence by the employee, unless the FMLA allows a recertification more frequently. If a certification indicates that the minimum duration of the serious health condition is more than 30 days, the employer must generally wait until that minimum duration expires before requesting recertification. In all cases, the City may request a recertification for absences every six months. The employee must pay for the cost of the recertification. Failure by the employee to provide a requested certification may result in the City denying the employee’s request for FMLA leave. The City may require an employee returning from FMLA leave, because of the employee’s serious health condition, to provide a fitness-for-duty certification from the same class of health care providers who can certify a serious health condition under this personnel policy. The City shall provide the employee with notice of the City’s required fitness-for- duty certification at the time it provides the employee with the FMLA designation notice. Agenda Page 83 Page 36 Health Care Provider - Health care providers who may provide certification of a serious health condition include: (1) doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; (2) podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice under State law; (3) nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under State law and performing within the scope of their practice as defined under State law; (4) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; (5) any health care provider recognized by the employer or the employer's group health plan's benefits manager; and (6) a health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country. Maintenance of Health Benefits: A covered employer is required to maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. Where appropriate, arrangements will need to be made for employees taking unpaid FMLA leave to pay their share of health insurance premiums. For example, if the group health plan involves co-payments by the employer and the employee, an employee on unpaid FMLA leave must make arrangements to pay his or her normal portion of the insurance premiums to maintain insurance coverage, as must the employer. Such payments may be made under any arrangement voluntarily agreed to by the employer and employee. An employer's obligation to maintain health benefits under FMLA stops if and when an employee informs the employer of an intent not to return to work at the end of the leave period, or if the employee fails to return to work when the FMLA leave entitlement is exhausted. The employer's obligation also stops if the employee's premium payment is more than 30 days late and the employer has given the employee written notice at least 15 days in advance advising that coverage will cease if payment is not received. In some circumstances, the employer may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave. Other Benefits - Other benefits, including cash payments chosen by the employee instead of group health insurance coverage, need not be maintained during periods of unpaid FMLA leave. Certain types of earned benefits, such as seniority or paid leave, need not continue to accrue during a period of unpaid FMLA leave provided that such benefits do not accrue for Agenda Page 84 Page 37 employees on other types of unpaid leave. For other benefits, such as elected life insurance coverage, the employer and the employee may make arrangements to continue benefits during periods of unpaid FMLA leave. An employer may elect to continue such benefits to ensure that the employee will be eligible to be restored to the same benefits upon returning to work. At the conclusion of the leave, the employer may recover only the employee's share of premiums it paid to maintain other "non-health" benefits during unpaid FMLA leave. Job Restoration: Upon return from FMLA leave, an employee must be restored to his or her original job, or to an "equivalent" job, which means virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using (but not necessarily during) FMLA leave. "Key" Employee Exception - Under limited circumstances where restoration to employment will cause "substantial and grievous economic injury" to its operations, an employer may refuse to reinstate certain highly paid, salaried "key" employees. In order to do so, the employer must notify the employee in writing of his/her status as a "key" employee (as defined by FMLA), the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after so notifying the employee. Notice: Employee Notice - Eligible employees seeking to use FMLA leave may be required to provide: (1) 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable (2) notice "as soon as practicable" when the need to take FMLA leave is not foreseeable ("as soon as practicable" generally means at least verbal notice to the employer within one or two business days of learning of the need to take FMLA leave) (3) sufficient information for the employer to understand that the employee needs leave for FMLA-qualifying reasons (the employee need not mention FMLA when requesting leave for the first time to meet this requirement, but may only explain why the leave is needed) (4) where the employer was not made aware that an employee was absent for FMLA reasons and the employee wants the leave counted as FMLA leave, timely notice (generally within two business days of returning to work) that leave was taken for an FMLA-qualifying reason Employer Notices - Covered employers must take the following steps to provide information to employees about FMLA: (1) post a notice approved by the Secretary of Labor (WH Publication 1420) explaining rights and responsibilities under FMLA; Agenda Page 85 Page 38 (2) include information about employee rights and obligations under FMLA in employee handbooks or other written material, including Collective Bargaining Agreements (CBAs); or (3) if handbooks or other written material do not exist, provide general written guidance about employee rights and obligations under FMLA whenever an employee requests leave (a copy of Fact Sheet No. ESA 95-24 will fulfill this requirement); and (4) provide a written notice designating the leave as FMLA leave and detailing specific expectations and obligations of an employee who is exercising his/her FMLA entitlements. The employer may use the "Employer Response to Employee Request for Family or Medical Leave" (optional form WH-381) to meet this requirement. This employer notice should be provided to the employee within one or two business days after receiving the employee's notice of need for leave and include the following: i. that the leave will be counted against the employee's annual FMLA leave entitlement; ii. any requirements for the employee to furnish medical certification and the consequences of failing to do so; iii. the employee's right to elect to use accrued paid leave for unpaid FMLA leave and whether the employer will require the use of paid leave, and the conditions related to using paid leave; iv. any requirement for the employee to make co-premium payments for maintaining group health insurance and the arrangement for making such payments; v. any requirement to present a fitness-for-duty certification before being restored to his/her job; vi. rights to job restoration upon return from leave; vii. employee's potential liability for reimbursement of health insurance premiums paid by the employer during the leave if the employee fails to return to work after taking FMLA leave; and viii. whether the employee qualifies as a "key" employee and the circumstances under which the employee may not be restored to his or her job following leave. Unlawful Acts: FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by this law. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, nor can FMLA leave be counted under "no fault" attendance policies. Agenda Page 86 Page 39 Enforcement: FMLA is enforced by the Wage and Hour Division of the U.S. Department of Labor's Employment Standards Administration. This agency investigates complaints of violations. If violations cannot be satisfactorily resolved, the Department may bring action in court to compel compliance. An eligible employee may bring a private civil action against an employer for violations. An employee is not required to file a complaint with the Wage and Hour Division prior to bringing such action. Other Provisions: Some special rules apply to employees of local education agencies. Generally, these rules provide for FMLA leave to be taken in blocks of time when the leave is needed intermittently or when leave is required near the end of a school term (semester). Several states and other jurisdictions also have family or medical leave laws. If both the Federal law and a State law apply to an employer's operations, an employee is entitled to the most generous benefit provided under either law. Employers may also provide family and medical leave that is more generous than the FMLA leave requirements. The FMLA does not modify or affect any Federal or State law which prohibits discrimination. 9.8 WORKERS COMPENSATION Employees, as defined by the Minnesota Worker’s Compensation Act, are covered by Worker’s Compensation Insurance. Worker’s compensation insurance provides wage replacement and medical payment benefits to City employees who become ill or injured as a result of performing their required work duties. Worker’s compensation has two goals: (a) To return employees to work as soon as possible. (b) To bring employees back to work at or as close as possible to the same income they had prior to the injury. If an employee is injured on the job, the following procedures shall be followed: (a) The employee shall report the injury to his or her immediate supervisor or Supervisor as soon as possible and receive medical attention if the injury is serious. All injuries, no matter how insignificant, shall be reported to the employee’s supervisor. (b) The supervisor shall complete the Supervisor’s Report of Accident and submit the report to the City Clerk as soon as possible to avoid any delays in processing the claim. The City Clerk shall complete a First Report of injury, establish a city claim number, and submit a copy of all information to the City’s worker’s compensation carrier. Agenda Page 87 Page 40 (c) Any information, medical bills, or requests for reimbursement, shall be submitted to the City Clerk to be made a part of the employee’s workers compensation claim file for submittal to the City’s worker’s compensation carrier. (d) The City’s worker’s compensation carrier shall submit worker’s compensation checks for an employee injured on duty to the Finance Officer. The Finance Officer Director will make a copy of the check to be placed into the employee’s worker’s compensation file and will compute the difference between the worker’s compensation check and the employee’s regular pay. The difference in pay will be paid to the employee out of his or her accumulated sick or vacation leave. The worker’s compensation check and the employee’s pay check will be sent to the employee. (e) It is the employee’s responsibility to keep his or her supervisor and the City informed about the status of his or her medical condition and return to work date. (f) Worker’s compensation pays 2/3’s of an employee’s daily wage to a maximum limit set by Minnesota Law. In addition, worker’s compensation pays medical bills directly related to and required by the work-related injury. The first three days of lost time (including the day of the injury if the employee missed part of the day) are not covered. Worker’s compensation payments begin on the fourth day of injury. However, if ten consecutive calendar days pass and the employee has still not returned to work, payment is retroactive to the first day of lost time. Employees can use available vacation or sick leave for the first three days of lost time. 9.9 DISMISSALS, SUSPENSION AND DEMOTION (a) The City Council may dismiss, suspend, or demote any employee under such Department Head’s supervision. Such dismissal, suspension or demotion shall separate the employee from pay status. (b) A written statement of the reason for the dismissal, suspension for more than thirty (30) days, or demotion shall be submitted by the City Council and to the employee within twenty-four (24) hours of the time of the dismissal, suspension of more than thirty (30) days, or demotion goes into effect. (c) An employee so dismissed or suspended for more than thirty (30) days, or demoted shall be entitled to a hearing before the City Council if requested in writing by the employee or the employee’s representative within five (5) days after the notice of dismissal, suspension for more than (30) days, or demotion is received. (d) The following items constitute cause for dismissal, suspension for more (30) days, or demotion: (1) Failure to report or refusal to work when necessary to keep the essential services operating and provide service to the public. (2) Reporting for work when under the influence of alcohol or controlled substances. (3) Incompetence or inefficiency in the performance of such employee’s duties. Agenda Page 88 Page 41 (4) Conviction of a criminal offense or a misdemeanor involving moral in turpitude. (5) Violation of any lawful or official regulation, order or failure to obey any lawful direction made and given by such employee’s superior officer when such violation or failure to obey amounts to any act of insubordination or a breach of proper discipline or had resulted, or reasonably might be expected to, result in loss or injury to the municipality or to the public. (5) (6) Wanton use of offensive conduct or language toward the public or municipal employees. (7) Physical or mental defects which, in the judgment of the Council, incapacitates the employee from the proper performance of the duties of such employee’s position; an examination by such medical personnel as the employer requests shall be required. (8) Failure to pay or make reasonable provisions for future payment of just debt due or repeated garnishments, subject to applicable state laws. (9) Carelessness and negligence in the handling and control of municipal property. (10) Taking a fee, gift, or other valuable thing in the course of such employee’s work, or in connection with it from any citizen for such employee’s personal use, when such fee, gift or other thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other citizens. (11) Inducing or attempting to induce an employee of the City to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order. (12) Conduct in private life which brings discredit upon the municipal services. (12) (13) Proven dishonesty in the performance of such employee’s duties. (14) Use of City time or equipment in outside employment or for such employee’s own benefit. (e) Notwithstanding any provision above in the Section 9.5 to the contrary, the City Council may with or without cause suspend any employee with or without pay for a period of not more than thirty (30) days. Notice of such suspension need not be in writing unless a written request is received from the employee or the employee’s representative within five (5) days after the oral notice of suspension is given. Suspension under this subsection shall not be deemed a grievance under Section 5.2 of this policy. 10.0 DISCIPLINE Agenda Page 89 Page 42 It is the policy of the City of Albertville that any employee who violates any of the City’s standards of job performance and behavior shall be subject to progressive disciplinary action as set forth below and the employee shall be notified within forty-eight (48) hours of any violation, subject to mitigating circumstances, legal holidays and weekends. Step 1. A Department Head and/or City Administrator has the option to issue an oral reprimand or simply proceed to step 2. Step 2. On the next occasion of an incident, the City Administrator shall take the following action: (a) Meet with the employee to discuss the matter and/or (b) Inform the employee of the nature of the problem and the action necessary to correct it, and/or (c) Prepare and forward to the personnel file a written report describing the incidents and summarizing the action(s) taken during the meeting with the employee. Step 3. Should additional incidents occur, the City Administrator shall take action as follows: (a) Issue a written reprimand or warning, and/or (b) Place the employee on probation, and/or (c) Suspend the employee without pay for up to five (5) working days, and/or (d) Suspend the employee indefinitely and recommend termination to the City Council. Suspension may be with pay pending opinion from the City Attorney and/or formal action of the City Council. Serious Misconduct. In cases involving serious misconduct, such as a violation of the law, the City Administrator shall suspend the employee immediately and, if appropriate, recommend termination of the employee. Suspension shall be in accordance with this policy. Termination. In the event the City Administrator recommends that an employee be terminated, a complete investigation of the situation shall be conducted by the Personnel Committee. Based upon the Personnel Committee’s recommendation, the City Council and the employee may call for a hearing. The Council may terminate the employee. Investigative Interview. During the interview of the investigated employee, conducted for the purpose of determining the facts involved in any suspected violations for City, State and Federal rules and regulations, the following procedures shall apply: Prior to the interview, the employee who is suspected of violating City rules and regulations must be informed in general terms what the interview is about. Agenda Page 90 Page 43 The employee shall have an opportunity to respond to charges. 10.1 TERMINATION OF EMPLOYMENT It is the policy of the City of Albertville to terminate employment because of an employee’s resignation, discharge (including disciplinary action, inability of employee to satisfactorily perform job duties and the like) or retirement; the expiration of an employment contract; or a permanent reduction in the work force. In the absence of a specific written agreement, employees may resign for any reason, subject to provisions to the contrary contained in this policy. (a) All employees are expected to give written notice of their intent to resign. (1) Department Head employees are expected to give at least four weeks’ notice. (2) All other employees are expected to give at least two weeks’ notice. (3) Failure to give the required notice may result in forfeiture of City benefits and ineligibility for re-employment as permitted in law. (b) An employee who is absent from work without having notified their Department Head of the absence or the reason for it will be considered as having resigned after the third consecutive day of absence. (c) The City Administrator shall conduct an exit interview. The City Administrator conducting the interview will: (1) If the termination is voluntary, attempt to determine the actual reason or reasons why the employee is leaving so that, where appropriate, action can be taken to correct any problems that may exist. (2) If the termination is involuntary, explain the circumstances and reasons leading to the termination. (3) Review conversion of benefits under the City’s group insurance plans and any other vested benefits available to the employee under the City’s benefits plans. (4) Determine the employee’s availability for future employment. (5) Obtain the correct address for mailing Internal Revenue Service Form W-2. (6) Collect keys, identification papers, badges, insignias, uniforms, etc. (d) A written report of the termination interview will be prepared and placed in the employee’s personnel file. Pertinent items requiring City Council review and possible change of policy will be brought to the attention of the Personnel Committee and/or City Council. Agenda Page 91 Page 44 11.0 REPEAL OR CHANGES The foregoing provisions are the City’s general statement of policy and not a condition of any ongoing binding employment contract. Each employee of the City covered by these policies shall at all times remain an “at will employee”, thus the City reserves the right to repeal or change in whole or in part the foregoing policy statement. No employee shall acquire any vested rights to any condition or re-employment or benefit after the specific condition, benefit or right is changed or appealed, specifically including but not limited to the condition, benefit, or right under Sections .02, .19, .20, and .25. These general statements of policy are not issued pursuant to Chapter 44, Minnesota Statutes, but under the City’s general powers. 12.0 USE AND SAFEGUARDING OF CITY PROPERTY No member of the City Council, Commission or Board, Official or employee shall use or permit the use of city owned vehicles, equipment, tools, machinery, materials, credit cards, or other property for personal convenience or profit. All officers and employees of the City who have authority over, or the use of city vehicles, equipment, machinery, credit cards, or property in the course of their duties must assume responsibility for the safeguarding and care of such items. 12.1 COMPUTER USE Acceptable Uses City of Albertville encourages the use of the internet and e-mail because they make communication more efficient and effective. Internet service and e-mail are the City of Albertville property, and their purpose is to facilitate business. Every staff member has a responsibility to maintain and enhance the City’s public image and to use City of Albertville’s e-mail and access to the internet in a productive manner. To ensure that all employees are responsible, the following guidelines have been established for using e-mail and the internet. Unacceptable Uses City of Albertville e-mail and internet access may not be used for transmitting, retrieving or storage of any communications of a discriminatory or harassing nature or materials that are obscene or X-rated. Harassment of any kind is prohibited. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, physical attributes or sexual preference shall be transmitted. No abusive, profane or offensive language is to be transmitted through City of Albertville e-mail or internet system. Electronic media may also not be used for any other purpose which is illegal or against city policy or contrary to the City of Albertville’s best interest. Communications Each employee is responsible for the content of all text, audio or images that they place or send over City of Albertville e-mail/internet system. No e-mail or other electronic communications may be sent which hides the identity of the sender or represents the sender as someone else or someone from another company/county or city. All messages communicated on City of Albertville e-mail/internet must contain the employee’s name. Any message or information sent by an employee to another individual outside of the City of Albertville via an electronic network (e.g., bulletin board, list serve, online service or Agenda Page 92 Page 45 internet) are statements that reflect on the City of Albertville. While some users include personal “disclaimers” in electronic messages, there is still a connection to the City of Albertville and the statements may be tied to the City. All communications sent by employees via City of Albertville e-mail/internet system must comply with this and other City policies and may not disclose any confidential or proprietary City information. Copyright Issues Copyrighted materials belonging to entities other than the City of Albertville may not be transmitted by employees on the City of Albertville e-mail/internet system. All employees obtaining access to other companies, counties, cities or individuals’ materials must respect all copyrights and may not copy, retrieve, modify or forward copyrighted materials, except with permission, or as single copy for reference only. Failure to observe copyright or license agreements may result in disciplinary action. Security The City of Albertville reserves the right to access and monitor all messages and files on City of Albertville e-mail/internet system. Employees should not assume electronic communications are totally private and should transmit highly confidential data in other ways. Violations Any employee who abuses the privilege of City of Albertville facilitated access to e-mail or the internet, will be subject to corrective action. If necessary the City of Albertville also reserves the right to advise appropriate legal officials of any illegal violations. General Information All data collected, stored, processed or disseminated by City employees is governed by the Data Practices Act, MN Stat. Chap. 13 and other applicable statues. Therefore, the gathering, use and dissemination of all such information through computers must be done within the strictures of the Data Practices Act and other applicable statues. The duplication of licensed software, except for backup or archival purposed, is a violation of the Federal Copyright Act, the terms of software license agreements must be strictly observed. Personal computers and more specifically those pc’s which are referred to as “laptops” and “notebook-size” computers, and the data (confidential or otherwise) stored on them, are susceptible to loss through theft of the computer or damage to the computer itself. If the computer assigned to you is damaged or stolen, notify your supervisor immediately. Minnesota Statues, Section 609.87-.89 define two types of computer crime. One is to intentionally and without authorization physically damage or alter computer hardware, computer software, stored data or a computer network. A second type of computer theft is the unauthorized access to a computer or computer network as well as unauthorized possession of computer hardware, software or data from a computer. Penalties for both types of crime range up to ten years imprisonment and/or $50,000 in fines. Purpose Agenda Page 93 Page 46 This policy serves to protect the security and integrity of the City of Albertville’s electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. The City of Albertville reserves the right to inspect any data, e-mails, files, settings or any other aspect of a City owned computer or related system and will do so on an as-needed basis as determined by the City Finance Director or City Administrator. Personal Use The City of Albertville recognizes that some personal use of City-owned computers and related equipments 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. Only City employees may use City-owned equipment. Family members or friends of employees are not allowed to use City equipment or technology resources, unless authorized by the City Finance Director or City Administrator. Reasonable use of City e-mail systems for personal correspondence is allowable, provided it does not interfere with an employee’s normal work and is consistent with all provisions in this policy. Passwords and Physical Security of Equipment Employees are responsible for maintaining computer passwords and for following these guidelines: (a) Passwords must be at least six (6) characters in length and include at least one number. (b) Your 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 the Finance Director. (c) Passwords should not be stored in any location on or near the computer. (d) The computer system maywill prompt employees to update passwords every 120 days. Employees must change passwords when prompted. (e) When leaving your desk or office for more than five minutes, lock your workstation by pressing the Ctrl-Alt-Del keys. Your computer can be unlocked by doing the same and then typing your password. (f) Because technology equipment is generally small and portable, employees should use caution when leaving equipment unattended at any off-site facility. If your office or desk area is in a high-traffic public area, take appropriate security measures. Software, Hardware, Games, and Screen Savers In general, all software and hardware required for an employee to perform his/her job functions will be provided by the City. Requests for new or different equipment or software should be made to your supervisor and then to the Finance Department. Agenda Page 94 Page 47 The following is approved software that may be downloaded by employees without prior approval: (a) Microsoft updates as provided in automatic updates to the user (b) Anti-virus updates as provided in automatic updates to the user (c) Microsoft clipart and photo files contained on the site www.microsoft.com Unapproved software or downloads (free or purchased), hardware, games, screen savers, toolbars, clipart, music and movie clips, other equipment, software or downloads that have not been specifically approved may compromise the integrity of the City’s computer systems and are prohibited. The City of Albertville, without notice may remove any unauthorized programs or software, equipment, downloads, or other resources if they could harm City systems or technology performance. Electronic Mail The City of Albertville provides employees with an e-mail address for work-related use. Some personal use of the City’s e-mail system is allowed, provided it does not interfere with an employee’s normal work and is consistent with all City policies. An employee’s personal e-mail (and other personal documents) may be considered “public” data and may not be protected by privacy laws. Personal e-mails may also be monitored as directed by the City Administrator and without notice to the employee. Use common sense and focus primarily on using e-mail for City business. Never transmit an e-mail that you would not want your boss or other employees to read. Do not correspond by e-mail on confidential communications Do not open e-mail attachments for links from an unknown sender. Delete “junk” or “spam” e-mail without opening it, if possible, and do not respond to unknown senders. Do not gossip or include personal information about yourself or others in e-mail Do not use harassing language, including sexually harassing language or any other remarks including insensitive language or derogatory, offensive or insulting comments or jokes in an e-mail Do not curse or use swear words in an e-mail. Internet The City of Albertville provides access to employees for work on City business. Employees may use this access for work related matters in a professional manner. Occasional personal use of the Internet is acceptable within the bounds of all City policies. The following considerations apply to all uses of the Internet whether business related or personal: Agenda Page 95 Page 48 (a) There is no quality control on the Internet. All information found on the Internet should be considered suspect until confirmed by another source. (b) Employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races or religions. (c) Employees may not participate in any Internet chatroom unless the topic is related to City business. (d) The City may monitor any employee’s use of the internet without prior notice, as deemed appropriate by the City Administrator. 12.2 COMPUTER/LAPTOP USE – EXTERNAL USE/OFF SITE All employees must take the following actions to ensure the physical security of City of Albertville computers/laptops that are off-site:  Use of City owned computers/laptops by individuals other than the employee is strictly prohibited  Sharing login information for the City of Albertville with non-employees or unauthorized employees is strictly prohibited  All computer/laptop passwords and codes must be available to the City of Albertville at all times.  Make sure that the computer/laptop is in locked/“log in required” status if you need to walk away from it  When not in use, the computer/laptop must be locked with a password and caution taken when entering any City passwords on the computer/laptop  No employee may add unauthorized or pirated software or files to any machine owned by the City of Albertville.  Store the laptop in a safe and secure place when not in use.  Employees may not use computer files or software from home or other sources on the City computer/laptop (to avoid viruses, unless authorized by the City).  The City reserves the right to enter, search, and monitor the computer/laptop files or email of any employee, without advance notice, for the purposes such as investigating theft, disclosure of confidential business or proprietary information, or personal abuse of the system, or monitoring work flow or productivity.  Do not leave your laptop in your vehicle. If it is necessary to leave the laptop in your vehicle for a very short period of time, the laptop must be locked in the trunk Agenda Page 96 Page 49 of the vehicle. During travel:  Do not pack your laptop in checked luggage.  Attach a name tag or business card to your laptop to easily identify it during security checks or if lost.  Store the laptop in a hotel room safe or locked suitcase when you are not in the room.  Make sure that the laptop is in locked/“log in required” status if you need to walk away from your laptop - - even if you remain in the meeting room. Agenda Page 97 Last Edited: 12/11/2023 PERSONNEL POLICY Agenda Page 98 Table of Contents Section 1 Page 1.0 - Purpose 1 1.1 - Definitions 1 1.2 - Position Classification Plan 2 Section 2 2.0 - Recruitment Qualifications & Exams 3 2.1 - Employment Requirements 3 Section 3 3.0 - Appointments 4 3.1 - Provisional Appointments 5 3.2 - Probationary Period 5 Section 4 4.0 - Employee Conduct 6 4.1 - Personal Telephone Calls 4.2 - Wireless Communication Devices 6 6 4.3 - Outside Employment 8 4.4 - Solicitations 9 4.5 - False Statements, Fraud 9 4.6 - Minnesota Clean Indoor Air Act 9 4.7 - Weapons at Work 10 4.8 - Sexual harassment 10 Section 5 5.0 - Personnel Records 12 5.1 - Performance Appraisal Policy 14 5.2 - Grievances 15 5.3 - Safety 16 Section 6 6.0 - Salaries 17 6.1 - Pay Policy in Transfers, Promotions, Demotions 18 6.2 - Advancement; Demotions 18 Section 7 7.0 - Regular Hours of Work 18 7.1 - On Call Policy 19 7.2 - On Duty Policy 19 7.3 - Overtime 19 7.4 - Compensatory Time 20 Agenda Page 99 Section 8 8.0 - Holidays 21 8.1 - Vacation Leave 21 8.2 - Sick Leave, Incentive 23 8.3 - Insurance 8.4 - Health Care Saving Plan 8.5 - Longevity Pay 8.6 - Tuition Assistance 27 27 28 29 Section 9 9.0 - Military Leave 29 9.1 - Jury or Witness Duty 29 9.2 - Layoffs 30 9.3 - Leave of Absence Without Pay 30 9.4 - Absence without Leave 31 9.5 - School Conferences and Activities Leave 31 9.6 - Elections and Voting 31 9.7 - Family and Medical Leave Act 31 9.8 - Workers Compensation 37 9.9 - Dismissals, Suspension and Demotion 38 Section 10 10.0 - Discipline 10.1 - Termination of Employment 39 40 Section 11 11.0 - Repeal or Changes 41 Section 12 12.0 - Use and Safeguarding of City Property 42 12.1 - Computer Use 42 12.2 - Computer/Laptop Use External/Offsite 45 Agenda Page 100 Page 1 Personnel Policy 1.0 PURPOSE (a) The Council deems it advisable to formulate a policy governing the relationship between employees and the City. The Council recognizes that the City is a municipal corporation of the State of Minnesota and that these personnel policies must conform to any applicable federal laws and state statutes, but that within this framework of law, the Council must maintain final control. Subject to these conditions, the Council can establish governing principles upon which a progressive program of employee relations can be based. (b) The Council will support favorable labor standards and conditions of employment consistent with local welfare, having regard for the fact that the work of the City is being financed by the citizens of the City. (c) All offices and positions in the City created by the Council shall be covered by these policies except for the following: (1) All elected officials (2) Members of boards, commissions and committees (3) Volunteer firefighters and other volunteer personnel (ESST eligible) (4) Emergency employees (5) Other employees not regularly employed in permanent positions (ESST eligible) (6) Any other persons specifically exempted by the Council 1.1 DEFINITIONS As used in this Policy, the following terms shall have the respective meaning ascribed to them: (a) ANNIVERSARY DATE: The date of employment with the City unless otherwise stated. (b) APPLICANT: A person who has filed application for a position with the City. (c) APPOINTING AUTHORITY: All appointments shall be made by the Council. (d) BENEFIT EARNING EMPLOYEE: Permanent Full-Time employee or Permanent Part- Time employee. (e) CALENDAR YEAR: A twelve (12) month period beginning January 1st and ending December 31st. (f) CHIEF ADMINISTRATIVE OFFICER: The top supervisory position among the City staff. When the City has an administrator, that person will be the Chief Administrative Officer. In the absence of an administrator, the City Clerk will assume these duties. (g) CLASSIFICATION PLAN: The plan or schedule for the classification of all positions, based on the duties, responsibilities, and qualification requirements of each position. (h) CLASSIFIED SERVICES: All positions in the City service, except those expressly exempt or designated as unclassified by the Council. Agenda Page 101 Page 2 (i) DEPENDENT: Spouse, children and legally adopted children. (j) EARNED SICK/SAFE TIME: Paid leave employers must provide to employees in Minnesota that can be used for certain reasons. Required to provide up to 48 hours annually with a maximum of 80 hours for employees who work at least 80 hours a year for an employer in Minnesota. (k) ELIGIBLE LIST: The record of those persons who have successfully passed competitive examinations in the order of the relatively earned grades. (k) FAMILY MEMBER: Child, foster child, adult child, legal ward, spouse, domestic partner, sibling, stepsibling, foster sibling, biological parent, adoptive parent, foster parent, stepparent, grandchild, foster grandchild, step grandchild, grandparent, step-grandparent, child of a sibling, sibling of employees parent, child-in-law, sibling- in-law, and all listed above of employee’s spouse/domestic partner, any other individual related by blood or whose close association with the employee is equivalent of a family relationship and up to one (1) individual annually designated by the employee. (m) PERMANENT FULL-TIME EMPLOYEE: An appointment to a permanent position made from an eligible list shall be effective after completion of the probationary period. Regularly scheduled for 40 hours per week year-round. (n) PERMANENT PART-TIME EMPLOYEE: An appointment to a permanent position made from an eligible list shall be effective after completion of the probationary period. Regularly scheduled for a minimum of 30 hours per week year-round. (o) POSITION CLASS: A specific employment, calling for the performance of certain duties and carrying out of certain responsibilities of an individual. (p) PROBATIONARY EMPLOYEE: An original appointment from the eligible list in a permanent classification subject to a probationary period. (q) PUBLIC NOTICE: Giving notice either by posting or publication or both, as hereinafter set forth. (r) TEMPORARY/SEASONAL EMPLOYEE: An appointment to a temporary/seasonal position regularly scheduled or scheduled for a specific period of time. (s) YEARS OF SERVICE: Calculated based on anniversary date with the City, unless otherwise stated. 1.2 POSITION CLASSIFICATION PLAN (a) There shall be prepared a written position class specification for each class of position within the City. All position class specifications shall consist of a title. A description of the distinguishing features of the position class and typical examples of work performed and other pertinent information relative to the preparation and abilities necessary for the duties of the position class. (b) All position class specifications are descriptive and explanatory of the kind of work to be performed but not necessarily inclusive of all duties to be performed. Agenda Page 102 Page 3 (c) Council may create a new position class specification when needed or abolish a position class specification when not needed. (d) The Chief Administrative Officer or Department Head, as circumstances require, may assign tasks to personnel that are outside of their specific position class specification. Such assignments will be made on a temporary basis, and if such assignment becomes more than temporary, a review of the individual’s position class specification will be required. (e) The Position Classification Plan will be reviewed periodically by the Council and necessary adjustments made therein. 2.0 RECRUITMENT AND QUALIFICATION EXAMINATIONS (a) Upon approval of the Council, the Chief Administrative Officer shall have a recruiting notice prepared to publicize each endeavor to secure applicants for City employment. Such notice shall be given at least ten (10) days in advance of the closing date for filing applications by posting announcement in the City Hall and by at least one publication in the official newspaper. (b) The recruitment notice shall contain statements regarding the position class, duties and certain qualifications. (c) Recruiting of applicants for classes of employment shall take place at the direction of the Council. (d) Applications, when submitted, become the property of the City and need not be returned to the applicant. (e) The Council reserves the right to reject any applicant and its decision shall be final. (f) Examination of application shall consist of any testing devices that will establish and confirm the qualifications of the applicant required by the position class for which the applicant is being examined. (g) In the case of a vacancy in a position requiring particular and exceptional qualifications, the Council may suspend recruitment. (h) The Council reserves the right to determine the type and method of test to be used for each position. (i) Temporary/Seasonal employees, including STMA Ice Arena employees, shall be hired under this process with the City Administrator approving employment. 2.1 REQUIREMENTS FOR EMPLOYMENT (a) All applicants must be full citizens or resident aliens of the United States before eligibility for employment is complete. (b) All applicants and employees seeking or holding a Permanent Full-Time or Permanent part-time position shall have sound physical and mental health. Physical Agenda Page 103 Page 4 impairments, not of chronic or infectious nature, shall be favorably considered if the physical irregularities are not of such kind that the applicants or employees can reasonably be expected to meet adequately the performance requirements of the position the applicant seeks or the employee holds. The physical condition or the mental condition of persons entering the employment of the City shall be evaluated by a licensed physician approved by the Council and paid for by the City if reasonable cause is shown by a Department Head or the Chief Administrative Officer for the need of such an evaluation. (c) All applicants for a position with the City are required to file an employment application provided by the City. All information must be documented by the City. (d) Any applicant giving false information or making false or misleading statements on the application shall not be considered for the position or will be subject to immediate dismissal with complete loss of benefits. (e) A criminal background check may be required for any applicant who has been selected for an interview and/or offered a position. All such applicants shall cooperate and provide the necessary information and/or authorizations for the City to properly conduct such background check. An applicant who has been convicted of a crime which directly relates to the position of employment sought may be disqualified as a candidate for such position. (f) A Predatory Offender Registration background check may be required for any applicant who has been selected for an interview and/or offered a position that will have indirect/direct contact with minors on a daily basis. All such applicants shall cooperate and provide the necessary information and/or authorizations for the City to properly conduct such background check. An applicant may be disqualified as a candidate for such position if they are convicted of a crime which directly relates to predatory offender related to the position that has indirect/direct contact with minors. 3.0 APPOINTMENTS (a) All appointments shall be made solely on the basis of qualifications as required by the position relative to experience, training, personal and physical fitness, skills and knowledge. No person shall be employed, promoted, demoted, or discharged by the City, or in any way favored or discriminated against because of political opinions or affiliations, race, color, national origin, religion, sex, marital status, status with regards to public assistance or disability or because of the exercise of rights under provisions of the Public Employment Relations Act, Minnesota Statutes Section 179.61 and 179.76. No person because of age shall be discriminated against with reference to City employment in any way forbidden by federal or state law. (b) Veterans preference shall be granted to those persons entitled to the same in accordance with state law. Proof of military service shall be supplied by the veteran. (c) Appointment to any position is subject to final approval of the Council. Agenda Page 104 Page 5 (d) It shall be the policy of the Council to fill vacancies in the municipal service by promotion of permanent employees. Promotions from within shall be at the discretion of the City Council. 3.1 PROVISIONAL APPOINTMENTS (a) If necessary to prevent the stoppage of public business or inconvenience to the public, but not otherwise, the Council may make a provisional appointment to a position in a class for which examinations are ordinarily given. (b) No benefits shall be given for service rendered under a provisional appointment unless the appointee shall, at the time of appointment, be a permanent employee in another capacity. (c) A provisional appointment shall be terminated by action of the Council, but in no case shall the appointment remain in force longer than ninety (90) days. 3.2 PROBATIONARY PERIOD (a) The probationary period shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of the employee to the position and for rejecting any employee whose performance does not meet the required standards. (b) All appointments shall be probationary and subject to a probationary period of six (6) months service after appointment. At any time during the probationary period, employee may be transferred or dismissed if such employee’s performance does not meet the required standards. (c) All promotions shall be subject to the same probationary period as established for new appointments in subsection (b). If the employee who has been promoted is found unsuited for the work or the class or the position to which promoted, such employee may be reinstated to the position and rate of pay, or other position in the class from which such employee was promoted. (d) Any employee’s probationary period may be extended for an additional six (6) months if such an extension is requested in writing by the Department Head and approved by the Personnel Committee and City Council. (e) Any employee who has completed such employee’s probationary service and has not received written notice within thirty (30) days from the Council that such employee’s services are terminated, shall be considered to have successfully completed the probationary period and shall automatically receive status as a permanent employee. (f) During the initial probationary period, as defined in subsection (b), vacation leave and sick leave shall be earned as established in Sections 8.1 and 8.2, respectively. Sick leave shall not be available to the employee until completion of the probationary period, unless an exception is approved by the City Administrator. If employment is terminated prior to completion of the probationary period, no payment for accrued vacation or sick leave shall be allowed. Agenda Page 105 Page 6 4.0 EMPLOYEE CONDUCT (a) All City employees are expected to report to work on time and to remain on the job until their assigned shift is over. All employees are expected to use their available working hours to the best advantage in carrying out their duties. (b) The conduct of each individual employee on the job shall be such that it does not bring negative public opinion on the City government or individual staff members. By doing this, the employee not only protects each employee from censure, but also, helps make the entire organization one of which the community can be proud. (c) No employee in the classified service of the City shall directly or indirectly solicit or receive of in any manner concerned in soliciting for receiving any assessment, subscription, or contribution of any political purpose from any person holding a position with the City and no person holding a position in the City shall take any part or be required to take any part in political management or affairs in municipal political campaigns, or other than to cast such employee’s vote in any election and to express privately such employee’s views and opinions as a citizen. This shall not apply to those persons set forth in subparagraphs (1) through (3) of subsections c of Section 1.0 but shall apply to employees exempt under subparagraph (4) of subsection C of Section 1.0. 4.1 PERSONAL TELEPHONE CALLS It is the policy of the City of Albertville that telephone facilities shall be available during normal working hours for effective communication with the City’s citizens and business associates. Accordingly, the City’s facilities should not be used for personal telephone calls except in the case of emergency. (1) Use of the City’s telephone lines shall be confined to business calls. Personal telephone calls shall be limited to those that are absolutely necessary. (2) When necessity requires that an employee make a personal long-distance call, the call shall be placed through the telephone operator and/or charges to the individual’s credit card, home number, or placed collect. (3) Personal cell phone use shall be limited to calls absolutely necessary. 4.2 WIRELESS COMMUNICATION DEVICES Based on business need, the City Administrator, Department Director or designee will determine which positions in the department require a wireless communications device and whether the needs are best served through the allocation of a City-purchased/leased wireless communications device or through authorizing an employee to use his/her own personal device for City business, for which he/she will receive a reimbursement by the City as outlined below. Some of those needs include, but are not limited to: • When safety of self or others may be of concern • To provide immediate communication with staff in the department and other agencies, as required, to coordinate programs or to provide customer service • To retrieve messages from voice mail while working in the community Agenda Page 106 Page 7 • To contact customers in situations where a land line is not available • In personal emergencies including unexpected illness, car trouble, inclement weather, etc. • When the employee's main work location is in the field where land lines are not available • When on call Employees receiving a cell phone reimbursement will be paid a rate of $960 per year for phone and data service for City business on a smart phone device. Employees on the reimbursement method shall provide proof that they have a wireless device by providing a copy of their cellular service bill upon request of the City. The employee shall be reimbursed on a bi-weekly basis. Information related to the use of a personal device for City business may be government data. However, it may be considered personnel data which is classified as private data on an individual, but pursuant to court order Employees receiving either a City-purchased wireless communications device or personal wireless device reimbursement are subject to the following requirements: • The wireless communications device must be available for use during all hours of work and when the employee is subject to call. • Use of the device must not provide a distraction to the employee during work hours. This includes limiting personal use during work hours and setting the wireless communications device to a "silent alert" mode during meetings and other times that an interruption is undesirable. • All employees must follow federal, local and state laws pertaining to wireless device use (texting, emailing and voice communications) while driving a motor vehicle. • Adequate security for the device must be provided by the employee to prevent unauthorized users from finding client/work-related information stored in the device's memory. • Use of public resources, as it relates to this policy, by City employees for personal gain and/or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and punishable by disciplinary action which may include termination and/or criminal prosecution, depending on the nature and severity of the transgression. Electronic Mail: The City may provide employees with an email address for work-related use. Some personal use of the City email system by employees is allowed, provided it does not interfere with an employee's work and is consistent with all City policies. Employee emails (including those that are personal in nature) may be considered public data for both e-discovery and information requests and may not be protected by privacy laws. Email may also be monitored as directed by the City authorized staff and without notice to the employee. Agenda Page 107 Page 8 Employees must adhere to these email guidelines: • Never transmit an email that you would not want your supervisor, other employees, council members, city officials, or the media to read or publish (e.g., avoid gossip, personal information, swearing, etc.). • 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. Electronic Calendars: A shared calendar environment may be provided as part of the City's email software program. Employees may be required to keep their electronic calendar up to date and, at a minimum, must grant all staff the ability to view their calendar. Instant Messaging: Due to data retention concerns, the City does not provide employees with resources or tools to communicate by instant messaging (IM) when conducting City business. Employees are not allowed to use IM as a mechanism for personal communication through the City's computer network or when using City equipment, and are not allowed to download or install any IM software on their City computer. Personal Devices: Employees may choose to use their own equipment to read or compose email, text, 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. 4.3 OUTSIDE EMPLOYMENT (a) Employees will be permitted to engage in outside employment subject to the following restrictions: (1) Any outside employment is secondary to City employment and shall not interfere with the proper performance of City employment. Employees should report refreshed and ready to work. (2) No employee shall accept pay or compensation from anyone for time during which such employee is reimbursed by the City. (3) Employees are prohibited from working for any contractor or company that has a contract with the City during the time the contractor or company is actually working on city projects or business, unless specifically authorized by the Council. Agenda Page 108 Page 9 (4) No employee shall accept outside employment that requires the use of City equipment, facilities or materials. (5) Department Heads may prescribe additional regulations as they deem appropriate. (6) Permanent Full-Time or Permanent Part-Time employees may perform work for the Fire Department during regular working hours provided such Employee is a member of the Fire Department. When performing work for the Fire Department during regular working hours, Permanent Full-Time or Permanent Part-Time Employees will be paid their regular full-time position hourly wage. When such employee performs work for the Fire Department during non- regular working hours, such employee shall be paid firefighter pay, subject to overtime pay as agreed to by the City and employee when applicable. (b) Any doubtful case, problem, or question concerning outside employment should be taken up with the City Administrator and/or City Council. 4.4 SOLICITATIONS (a) Unless authorized by the City Council, all solicitations among City employees during working hours for charitable or any other purpose and selling of tickets, magazines, merchandise or services of any kind are hereby prohibited. (b) This restriction applies to all solicitations, selling or peddling of every nature in City buildings, whether by City employees or others not in the employ of the City. (c) The address and telephone number of City employees shall be withheld from all persons, business or organizations. 4.5 FALSE STATEMENTS, ETC.; FRAUD; PAYING FOR EMPLOYMENT, ETC. (a) No person shall willfully or corruptly make any false statement, certificate, rating or report in regard to any test, certificate, or appointment held or made under the municipal personnel system, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of these regulations. (b) No person seeking employment to or promotion in municipal service shall either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person for or in connection with such applicant’s test, proposed appointment or proposed promotion. 4.6 MINNESOTA CLEAN INDOOR AIR ACT MN State Statue 144.417 Minnesota Clean Indoor Air Act (MCIAA) protects employees and the public from the health hazards of secondhand smoke and involuntary exposure to aerosol or vapor from electronic delivery devices by eliminating smoking in public places, places of employment, public transportation and at public meetings. The City of Albertville prohibits smoking/vaping of any product in all City buildings and vehicles. Agenda Page 109 Page 10 4.7 WEAPONS AT WORK The City of Albertville hereby establishes a policy prohibiting all employees, except sworn employees of Wright County Sheriff’s Department, from carrying or possessing firearms while acting in the course and scope of employment for the City. The possession or carrying of a firearm by employees other than sworn Sheriff’s Department personnel is prohibited while working on City property or while working in any location on behalf of the City. This includes, but is not limited to: (1) Driving while on City business (2) Riding as a passenger in a vehicle or any type of mass transit on City business (3) Working at City Hall or any other City-owned work site (4) Working off-site on behalf of the City (5) Performing emergency or on-call work after normal business hours and on weekends (6) Working at private residences or businesses on behalf of the City (7) Attending training or conferences on behalf of the City An exception to this policy is that City employees may carry and possess firearms in City- owned parking areas if they have obtained the appropriate permit(s). When responding to on-call work from home after regular work hours, an employee is prohibited from bringing a firearm in the private vehicle unless the vehicle remains in a parking lot and is not needed in order to respond to the call. Violations of this policy are subject to disciplinary action in accordance with the City’s Disciplinary Procedures Policy. 4.8 SEXUAL HARASSMENT POLICY The Sexual Harassment Policy is to advise employees of their behavioral obligation to treat other employees and the general public with respect and to inform employees of their right to be free from harassment. The policy applies to all full-time, part-time, and temporary City employees, elected officials, appointed positions, members of boards and commissions, volunteer firefighters and other volunteer personnel and any individuals who are contracted to provide services to the City. The City will not tolerate harassment and with this policy has established procedure for addressing the issue in accordance with the law to ensure a good work environment for its employees. Definition To provide employees with a better understanding of what constitutes sexual harassment, the following definition, based on Minnesota Statues, is provided: Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when: Submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment; Agenda Page 110 Page 11 Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment; or That conduct or communication has the purpose or effect of substantially interfering with an individual’s employment or creating an intimidating, hostile, or offensive employment environment and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Such conduct or communication occurred because of the sex of the victim even though it is not closely related to the nature or an explicit sexual advance. Conduct prohibited by this policy may include, but is not limited to, unwanted sexual comments, compliments, flirtations, advances, or jokes; sexual suggestions or remarks about a person’s clothing, body, or sexual activity; unwanted and unnecessary touching, brushing against, patting, or pinching; requests for sexual favors; unwelcome and repeated invitations to social engagements or other activities; display in the workplace of sexually suggestive pictures, cartoons or objects; any indication or threat, express or implied, that an employee’s job security, job assignments, conditions of employment, or opportunities for advancement may depend on the granting of sexual favors; conduct, whether deliberate or careless, which creates an intimidating, hostile or offensive work environment interfering with an employee’s work. Expectations The City of Albertville recognizes the need to educate its employees on the subject of sexual harassment and stands committed to provide information and training. All employees are expected to treat each other and the general public with respect and to assist in fostering an environment that is free from unwanted harassment. Violations of this policy may result in discipline, including possible discharge. Each situation will be evaluated on a case by case basis depending on the severity and the circumstances involved. Reporting In order for a sexual harassment issue to be addressed, it must be brought to the attention of the proper City official. Any employee who believes he or she has been sexually harassed by a coworker, supervisor or an agent of the City must promptly file a written report of the facts of the incident or incidents and the names of the individuals involved. That report must be promptly filed with the City Administrator, unless the City Administrator is the alleged perpetrator. In that case, the report should be submitted to the Mayor or a member of the City Council. The City Administrator (or the City Council) will investigate such claims. In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also urged to take the following steps: (1) Make it clear to the harasser that the conduct is unwelcome and document that conversation. (2) Document the occurrences of harassment. (3) Submit the documented complaints to your Supervisor, the Administrator, mayor, or Council member. The City urges the employee to put the complaint in writing. Agenda Page 111 Page 12 (4) Document any further harassment or reprisals that occur after the complaint is made. Investigation The investigation will be conducted by the City Administrator or City Attorney, who have the option to appoint an outside professional consultant if needed. The supervisor will not perform any screening or investigative function. All investigations will be done in compliance with applicable state statutes, union contracts, and this policy. Any employee under investigation for possible violation of this policy will be informed of his or her rights and responsibilities under the Garrity/Tennessen advisory. Strict confidentiality is not possible in all cases of sexual harassment as the accused has the right to answer charges made against her or him, particularly if discipline is the result. Reasonable efforts will be made to respect the confidentiality of the persons involved, to the extent possible in accordance with the Minnesota Government Data Practices Act. Discipline The City will discipline any individual who retaliates against any person who reports harassment or any person who testifies, assists or participates in any manner in any investigation, proceeding or hearing relating to the report alleging sexual harassment. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. City Action Pending completion of the investigation, the City Administrator with City Council approval may at their discretion take any action necessary to protect the alleged victim, other employees or citizens. After review of the investigation report, the City Administrator with City Council approval will take such action as they deem necessary and/or appropriate, including termination, to end sexual harassment found to exist. 5.0 PERSONNEL RECORDS It is the policy of the City of Albertville to maintain records on each employee which are directly related to the employee’s job with the City. At all times, the City will do its best to balance the employee’s right to privacy with the City’s need to collect and use information. (a) Each employee’s personnel file will contain only such information as is needed by the City in conducting its business or is required by federal, state or local law. This information normally will include: (1) Application forms (2) Payroll information (3) Performance appraisals (4) Medical information (5) Disciplinary records (6) Training certificates and information Agenda Page 112 Page 13 (7) Letters of commendation (8) Time sheets, attendance records and the like (9) Proof of eligibility to work – 1986 Immigration Act (10) Veterans Certificate, if employee to be classified as a veteran (b) Information contained in each personnel file will be obtained directly from the employee to the greatest extent possible. When information must be obtained from an outside source, the employee will be informed of the identity of the source and the reason the City is obtaining the information. (c) Each personnel file will be reviewed annually to ensure the file contains only information that is relevant to the individual’s employment with the City as specified. Each record in the file will be examined for accuracy, timeliness and completeness. Material that is irrelevant, inaccurate or obsolete will be deleted from the file in accordance with this policy and the Minnesota Government Data Practices Act and under the final authority of the Personnel Committee and City Council. (d) Various federal, state and local laws require that certain records be retained for a specific length of time, as established in the Minnesota Records Retention Act for Cities. (e) Each employee is allowed to inspect and request copies of their personnel record in the presence of the Finance Director or the City Clerk. An employee is entitled to review all of the material in the personnel file unless classified as confidential by law. No material shall be removed from a file after a written file review request has been made until the employee has had a chance to review the material. A written request to do so should be directed to the City Clerk who will schedule a time for inspection that is convenient for both the employee and the City. A reasonable charge will be made for any copies of records made by the employee, not to exceed the actual cost to the City. (f) If, after inspecting their personnel record, the employee believes that certain material is irrelevant, inaccurate or obsolete, the employee may submit a written request to the City Administrator to remove the material from the file. The City Administrator will forward the request to the Personnel Committee to either remove the material or to inform the employee why the material should remain in the file. If the employee is not satisfied with the decision, the employee shall be permitted to place a written statement of disagreement in the file and/or may pursue the matter further to the City Council for final formal action. (g) All requests from sources outside the City for personnel information concerning applicants for employment, current employees, and former employees shall be directed to the Finance Director, City Clerk and/or Administrator. The City’s “Responsible Authority”, who is the Finance Director or City Clerk, will release information to requestors in response to written requests only, after receiving the written consent of the individual who is the subject of the inquiry. However, the City’s “Responsible Authority” may release the following information without first obtaining the consent of the individual involved, based on the Minnesota Data Practices Act: Agenda Page 113 Page 14 (1) Employment dates (2) Position held (3) Wage and salary information (4) Location of job site (5) Other information as provided in federal and state law (h) In order to keep personnel records up to date, employees are urged to notify the Finance Director in writing of any changes in: (1) Name (2) Address (3) Telephone number (4) Marital status (5) Number of dependents (6) Beneficiary designations for any of the City’s insurance, disability and pension plans (7) Persons to be notified in case of emergency (i) When a change in number of dependents or marital status occurs, the employee should report to the Finance Director to complete a new Form W-4 for income tax withholding purposes. (j) All new employees will submit completed and signed employment applications, I-9’s and child support forms as required by law. 5.1 PERFORMANCE REVIEW POLICY It is the policy of the City of Albertville that the job performance of each employee shall be evaluated annually (once per calendar year) by the employee’s Department Head, the City Administrator and the Personnel Committee. (a) The performance review consists of a written evaluation of the employee’s performance by the Department Head and the City Administrator’s comments and Personnel Committee recommendations, and, if necessary, an action plan for both the employee and Department Head with performance goals for the next evaluation period. Information derived from the performance review will be used to identify the employee’s eligibility for pay raises, promotion or transfer. (b) Performance appraisals shall be completed upon the following occasions: (1) At the completion of six months of employment Agenda Page 114 Page 15 (2) Every calendar year of employment during December (3) When the employee is transferred or promoted to a different job (c) When appropriate, i.e. each time the employee performs exceptionally well or poorly (d) The job performance of each employee shall be evaluated by objectives and goals, knowledge of the job, quantity and quality of work, promptness in completing assignments, and cooperation (e) Initiative, reliability, attendance, judgment, acceptance of responsibility, as specified in the standardized performance appraisal forms approved by the City Council. (f) After the written evaluation has been received by the City Administrator and the Department Head, there will be a meeting with the Personnel Committee to discuss the evaluation, assess the employee’s strengths and weaknesses, and set objectives and goals for the period ahead. The employee shall be given the opportunity to examine the written evaluation and make written comments about any aspect of it. The employee, Department Head, and/or City Administrator and Personnel Committee shall sign and date the evaluation and forward it for inclusion in the employee’s personnel file. (g) If the written evaluation contains unfavorable comments or ratings which the employee believes need further consideration and the matter has not been resolved to the employee’s satisfaction during the discussion with the Department Head, City Administrator, and Personnel Committee, the employee may review the matter with the City Council as required. 5.2 GRIEVANCES It is the policy of the City of Albertville to allow employees a process through which they can aggrieve perceived unfair treatment or decisions. A grievance is a dispute or disagreement raised by an employee or group of employees against the City because of an interpretation of City policies. Step 1. Employees having a grievance shall discuss the problem with their Department Head within five (5) working days after the event causing the grievance. It shall be the responsibility of the Department Head to investigate and seek a solution to the problem. The Department Head shall discuss the problem with the employee and others who may have knowledge of the facts involved and recommend a solution to the City Administrator, Personnel Committee, and possibly, the City Council. The Department Head shall give an oral answer within five (5) working days of the time the grievance was initially presented. Step 2. If the grievance is not resolved at Step 1 and the employee wished to appeal the grievance to Step 2, it shall be referred to the City Administrator and signed by the employee and a report prepared by the Department Head. The City Administrator shall full investigate the problem and the facts involved and discuss the matter with the parties concerned. After fully having investigated the problem, the City Administrator shall advise the parties concerned in writing within ten (10) working days. Agenda Page 115 Page 16 Step 3. In the event the grievance is not resolved at Step 2 and the employee wishes to appeal the decision to Step 3, it shall be referred in writing along with copies of the written grievances and responses from Steps 1 and 2 to the Personnel Committee. Within ten (10) working days of submission, the Personnel Committee shall schedule a hearing for the purpose of resolving the grievance. The Personnel Committee shall have the authority to call any City employee for testimony on the matter and all departments for the purpose of resolving grievances. After conducting the hearing and investigation, the Personnel Committee shall render a decision in writing to the City Council at their next regular meeting as required. In all cases the decision of the City Council shall be final, subject to a court of law. If the grievance is not presented in the time periods set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit, it shall be considered settled on the basis of the prior answer. If the proper authority does not answer a grievance or appeal; thereof within the specified time limits, the employee may elect to treat the grievance as denied and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the employee and the authority involved in the Step. 5.3 SAFETY (a) There will be a Safety Committee set up consisting of two (2) City employee representatives (chosen by the employees) and two (2) supervisory personnel. This committee shall meet on a semi-annual basis. (b) The Safety Committee will set written rules concerning all City safety procedures, including on-the-job conduct, dress codes, health and injury policies, and other related subjects. (c) The Safety Committee will be guided in setting up its rules by the most recent OSHA standards and publications but will not be limited by these standards. The personal health and safety of each employee of the City and the prevention of occupational injuries and illnesses are of primary importance to the City. Administration of this policy is the responsibility of each Supervisor. Worker’s compensation benefits and OSHA (job safety laws) require that all on the job accidents and sickness be reported as soon as possible by the employee, or on behalf of the injured or sick employee, to his or her Supervisor. Any employee routinely exposed to hazardous substances or harmful physical agents as defined in the Minnesota Employee Right to Know Act of 1983 (Laws 1983, Ch. 316, Minn. Stat. 182.65-182.675) shall be trained before being assigned or reassigned to work which exposes the employee to such substances or agents, and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the workplace, how the hazards are labeled, and where to obtain specific information. The City Administrator shall provide for such training and for compliance with the “Minnesota Employee Right to Know Act of 1983,” including the establishment of specific Agenda Page 116 Page 17 policies to ensure compliance with the state law and regulations. An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm to the employee. 6.0 SALARIES It is the policy of the City of Albertville to pay wages and salaries which are based upon the nature of the job performed and which are competitive with rates being paid for similar work by other employers and cities in the community/state and commensurate with pay equity. (a) The City Administrator and the Personnel Committee have been appointed to review all wages and salaries on an annual basis. It is their responsibility to determine whether existing pay ranges are competitive and whether the compensation of individual employees accurately reflect their job performance and responsibilities. Increases for individual employees and adjustments to the pay ranges will be presented to the City Council by committee in keeping with the Minnesota law on pay equity. The City Council will formally act on any recommendations by resolution of the Council. (b) New employees generally are hired at the minimum pay rate of the pay range in relation to the nature of the job. Department Heads may recommend higher starting rates based on the employee’s prior experience and/or education. These recommendations will be reviewed by the City Administrator and the Personnel Committee before recommendation for formal action by the resolution of the City Council. (c) Wage and salary surveys are conducted among area cities and the League of Minnesota Cities. The date obtained from these surveys form the basis for the City Administrator and Personnel Committee’s recommendations for pay adjustments to the City Council for formal action. (d) There will be no automatic cost-of-living adjustment. Cost of living adjustments must be approved by the City Council. (e) Employees are paid every two weeks (bi-weekly) on Wednesday following the close of the pay period. (f) On each payday, employees will receive a statement showing gross pay, deductions, and net pay. City, Federal, Social Security (FICA), State taxes, Public Employees Retirement Association (PERA) and employee contributions to the City’s benefit plans will be automatically deducted. Deductions for the 457K Plan and other City Council authorized deductions will be made if the employee submits a written request to the City. (g) Every permanent full-time or permanent part-time employee shall be considered for an increase in compensation based on a salary compensation plan within the City’s adopted annual budget. Compensation increases will not be given on an automatic basis, but shall be contingent upon favorable service/performance reports and recommendation of the Department Head and City Administrator, as well as the availability of funds. Agenda Page 117 Page 18 (h) Pay schedules for compensation will be established within the City’s adopted annual budget with all pay ranges and steps determined in hourly pay amounts. The resolution will establish pay ranges based on Pay Equity Job Value Points with steps for future movement based on performance. (i) At the time of initial employment, promotion or demotion, the City Council will appoint the employee by resolution and will specify in the resolution the criteria, such as education and/or experience used for initial placement on a step within a pay range. Movement between steps will be based on the initial criteria for credit and other verifiable criteria credit as deemed appropriate by the City Council to determine the move to the next step on the pay schedule. 6.1 PAY POLICY IN TRANSFERS, PROMOTIONS OR DEMOTIONS (a) In the case of a demotion, if the rate of pay for the former position is more than the rate of pay established for the new position, the demoted employee’s rate of pay shall be reduced to the pay set for the new position. (b) In the case of a transfer, not in the nature of a promotion or demotion, the rate of pay shall remain the same. (c) In the case of promotion, the rate of pay shall be increased to a rate of pay not less than the employee’s former position nor greater than the new (promoted) position as determined by the Council. (d) In all cases of promotion, the pay shall be increased by an amount equal to at least one step or pay range from which promoted. 6.2 ADVANCEMENT; DEMOTIONS (a) Advancement with the City service will be based on merit and efficiency, having due regard for the length of service or any other extenuating circumstance. (b) No test of political belief or religious affiliation will be required or considered for advancement or demotion of any City personnel. (c) Any City employee may be demoted by the City Council for inefficient performance or such employee’s duties, for disciplinary reasons, or for other good and sufficient reasons. (d) Any employee wishing to dispute a demotion may do so in accordance with Section.12, GRIEVANCES. 7.0 REGULAR HOURS OF OPERATION It is the policy of the City of Albertville to establish working hours as required by workload, present service needs, and the efficient allocation of personnel resources. Regular work hours will be set forth by resolution of the City Council. (a) The normal workweek is established as 12:01 AM Saturday morning and termination at 12:00 PM Friday night, consisting of a forty (40) hour week for both essential and non-essential employees as defined by Minnesota law (Minnesota State Statute 179A.03). Agenda Page 118 Page 19 (b) The normal workday shall consist of eight or ten consecutive hours of work (following the council approved hours of work for departments), plus a thirty (30) minute, duty-free, unpaid meal period. Employees shall have two (2) duty-free paid fifteen (15) minute rest periods, scheduled approximately half-way in the morning and afternoon work schedules. (c) Attendance at meetings and training programs are not considered time worked if: (1) The employee’s attendance is voluntary, i.e. not required by the City; or (2) Course or meeting is not directly related to the employee’s job. (d) When a department is required to work more than one shift per day, the hours of work for each shift will be determined by the Department Head. Employees shall be informed of their scheduled shift of hours of work and of any changes to the schedule as far in advance as possible, generally one work shift minimum for advance notice. (e) Employees may be required to work overtime whenever it is deemed necessary by their Department Head. No employee shall be permitted to work overtime without the prior approval of their Department Head and/or City Administrator. For the purpose of compensation, only hours worked in excess of forty hours during a workweek will be counted. 7.1 ON-CALL AND ROUNDS POLICY One Employee from the Public Works/Utilities Department is required to be on-call during non-business hours for emergency issues and to conduct routine weekend rounds. On-call shall be for the course of one week and shall be assigned to employees by a Public Works/Utilities Supervisor and/or City Administrator. Non-business hours for on-call will be from Friday at 4:00 PM to Friday the following week at 3:59 PM. The employee who is on- call must remain within 30 minutes of the wastewater treatment plant at all times and will receive one (1) hour of pay per day paid at one and one-half (1½) times their regular hourly pay rate. On-call employee conducting routine weekend rounds and rounds on holidays will, in addition, be paid on an hourly basis at one and one-half (1½) times their regular hourly pay rate. Employees conducting rounds will be paid a minimum of one (1) hour at one and one-half (1½) times the regular hourly pay rate. 7.2 ON-DUTY POLICY When an employee is “On-Call” status and is called out to “On-Duty” status, causing the employee to lose the ability to utilize their own time for their own benefit, they will be compensated in accordance with City policies on overtime and/or compensatory time off. 7.3 OVERTIME (a) In emergencies and during peak workloads, certain City employees may be required to work overtime. Agenda Page 119 Page 20 (b) All overtime worked must be authorized by the appropriate Department Head or by the Chief Administrative Officer. (c) The City and employees shall make every effort possible to limit compensatory time to essential needs. (d) Employees called out after regular working hours will be paid a minimum of one hour times one and one-half (1½) times the regular hourly pay rate unless specifically excluded by the Department Head. (e) Accrued time, including vacation leave and sick leave, in excess of forty (40) hours per seven (7) day period as defined in subsection (a) of Section 7, shall be compensated for at one and one-half (1½) times the regular pay. 7.4 COMPENSATORY TIME It is the policy of the City of Albertville to maintain a policy on compensatory time off for use when overtime had been earned for work periods extending beyond the normal workweek of forty (40) hours and overtime is not being paid. (a) Compensatory time may be granted to permanent full-time employees for any of the following reasons: (1) Employees were required to work overtime by the City. (2) Emergencies that required employees to be called out. (3) Weekend “On Call” and “Inspection Check” duties. (4) After business hours functions where the City requests the employee to be present. (b) The City and employees shall make every effort possible to limit compensatory time to essential needs. (c) Determinations as to eligibility for compensatory time shall be made by resolution of the City Council based on current federal and state laws on overtime. (d) All compensatory time must be taken in multiples of one hour or more. (e) Determination of daily and weekly work schedules are at the discretion of the City Council, City Administrator, and Department Head. (f) Compensatory time may be used in conjunction with vacation periods. (g) An employee may take the option of banking overtime in a compensatory overtime bank to a maximum of forty (40) compensatory time off hours. One and one-half (1½) hours of compensatory time off will be granted for every employee determined eligible for overtime compensation by resolution of the City Council. (h) Every effort shall be made to utilize compensatory time off within the same pay period of its being earned. Agenda Page 120 Page 21 8.0 HOLIDAYS (a) The Legal Holidays to be observed for all City Employees is passed by resolution annually. The number of hours paid per holiday are dependent on the departments work schedule based on the time of the year. City employees may be required to use vacation time when they are following the four (4) ten (10) work week schedule. To receive holiday pay the employee must work, or use vacation, compensatory or sick time, the day before and after the holiday. (b) Whenever one of the legal holidays falls on a Sunday, the following day shall be observed as a holiday. (c) Whenever one of the above legal holidays falls on a Saturday, or Friday if following the four (4) ten (10) hour work week, the preceding day will be observed as a holiday. (d) All employees who are required to be on-duty on any holiday, or who agree to be on-duty on any holiday, shall either be given the following day as a holiday, given an additional day of vacation leave, at the discretion of the Department Head, or paid one and one-half (1½) times their regular rate of pay for actual hours worked. (e) All employees who choose to be off-duty for any legal holiday and are called out for duty will be compensated at one and one-half (1½) times their regular rate of pay. (f) Any permanent part-time employee, other than seasonal, volunteer, temporary or recreational, whose employment is of indefinite duration and consists of a regularly scheduled workweek of at least (30) hours, but less than (40), shall receive pro- rated hours of pay for each holiday set forth in subsection (a) of this section for the pay period within which the holiday occurs. (g) City offices will close at 12:00 noon on December 24th of each year if it falls on a regular work day. City employees shall use vacation or compensatory time for the remaining half day. 8.1 VACATION LEAVE It is the policy of the City of Albertville to grant vacation with pay to permanent full-time employees in accordance with guidelines established below. (a) An employee’s anniversary date will be used to determine an employee’s length of service for vacation. All anniversary dates will be January 1st. (b) An employee must have maintained one hundred percent (100%) approved compensated time (regular work hours, holiday pay, sick leave and vacation leave) for the calendar month in order to accrue vacation time based on the monthly accrual rate. An employee must have completed the probationary period before using accrued vacation leave, unless an exception is approved by the City Administrator. (c) Permanent Full-time employees will accrue vacation leave at one additional eight (8) hour day per year of service. Permanent Part-time employees with a regularly Agenda Page 121 Page 22 scheduled workweek of at least thirty (30) hours but less than forty (40) hours shall receive prorated vacation accruals. The following schedule is an example: Length of Service Paid Vacation 0 – 12 months 5 days 2nd year 10 day 3rd Year 11 day 4th Year 12 day 5th Year 13 day 6th Year 14 day 7th Year 15 day 8th Year 16 day 9th Year 17 day 10th Year 18 day 11th Year 19 day 12th Year 20 day 13th Year 21 day 14th Year 22 day 15th Year 23 day 16th Year 24 day Over 16 years 25 day (d) Vacation pay for permanent full-time and permanent part-time employees shall consist of the employee’s regular rate of pay. (e) Accrued vacation may be taken as it is earned; however, each employee shall submit vacation plans to the Department Head. In the event of conflicting vacation plans within a department, priority shall be established on the basis of the date vacation plans were submitted and the employment anniversary date, but in no case will an employee, regardless of their employment anniversary date, be allowed to re- schedule vacation plans in place of another employee in the same department unless the other employee agrees to re-schedule his/her vacation and approval is given by the Department Head and/or the City Administrator. Agenda Page 122 Page 23 (f) Should circumstances compel a re-scheduling of vacation plans, any changes must be approved by the Department Head and the City Administrator. It is the responsibility of the Department Head to ensure that staffing is adequate at all times. (g) An employee’s maximum vacation accumulation shall not exceed 150% of the employee’s annual accrual at any point in time and any amount in excess of such 150% of the accrual shall be lost. (h) On separation from employment with the City for reasons other than cause or resignation without due notice, an employee shall receive vacation pay for any accrued and unused vacation. However, no vacation pay will be paid for new employees who have worked less than twelve (12) months. (i) If a paid holiday falls within an employee’s vacation period, the holiday is not considered a vacation leave day. (j) Any employee who feels there is a discrepancy in the calculation of their vacation pay or eligibility may request a review of that calculation by Human Resources and/or City Administrator. (k) Temporary employees, Part-Time employees with a regularly scheduled workweek of less than thirty (30) hours, or employees on a leave of absence, are not eligible for vacation pay under this policy. 8.2 SICK LEAVE AND EARNED SICK/SAFE TIME (a) Sick leave and earned sick/safe time may be granted to employees for any of the following reasons: (1) Mental or physical illness, injury or other health condition of the employee or employee’s family member (2) Need for medical diagnosis, care or treatment of a mental or physical illness of the employee or the employee’s family member (3) Need for preventive medical or health care for employee or employee’s family member (4) Childbirth or adoption procedures (5) Bone marrow donations (6) Death of a family member (7) An absence due to hazardous travel conditions (i.e. snow or ice) (8) Closure of place of business due to weather or public emergency, or for a family member whose school or place of care has been closed due to weather or public emergency Agenda Page 123 Page 24 (9) Inability to work or telework because the employee is prohibited from working by the City due to health concerns related to potential transmission of a communicable illness related to a public emergency. Or, if the employee is seeking or awaiting the results of diagnostic test for, or medical diagnosis of, a communicable disease or the City has requested a test or diagnosis (10) When determined by a health authority or health care professional that the presence of the employee’s family member in the community would jeopardize the health of others because of the exposure to a communicable disease, whether or not the family member has actually contracted the communicable disease. (11) Absence due to domestic abuse, sexual assault, or stalking of an employee or an employee’s family member provided the absence it to: • Seek medical attention related to physical or psychological injury or disability cause by domestic abuse, sexual assault or stalking • Obtain services from a victim services organization • Obtain psychological or other counseling • Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking • Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault or stalking (12) Testifying as a witness in a judicial proceeding (b) Permanent Full-time employees accrue sick leave and earned sick/safe time leave at a combined total of one (1) eight (8) hour day for each calendar month of full-time service. Permanent Part-time employees with a regularly scheduled workweek of at least thirty (30) hours but less than forty (40) hours shall receive prorated sick leave and earned sick/safe time accruals. Earned Sick/Safe time will accrue up to 48 hours annually with a maximum of 80 hours. Sick leave may be accumulated to a maximum of ninety (90) days or 720 hours. Hours accumulated for sick leave in excess of the maximum will be applied to the sick leave incentive portion of this policy. Sick leave and earned sick/safe time leave may be taken in ¼ hour increments. (c) Temporary/Seasonal/Volunteer Fire Fighter employees accrue sick and safe time at one (1) hour for every thirty (30) hours worked. Sick and safe time may be accumulated to a maximum of forty-eight (48) hours annually with a maximum balance of Eighty (80) hours. Eligible use of Earned Sick and Safe Time occurs once the employee has worked Eighty (80) hours in a year without separation. When there is a separation from City employment if the employee is rehired within 180 days of separation, previously accrued earned sick and safe time that had not been used will be reinstated and accrue additional earned sick and safe time at the commencement of re-employment. (d) To be eligible for sick leave and earned sick/safe time with pay, an employee shall: Agenda Page 124 Page 25 (1) Report as soon as possible to their Department Head the reason for the absence (within two hours of normal reporting time). (2) Keep their Department Head informed of their condition, and if the absence is of more than three days’ duration, the City may require appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support sick leave or use of earned sick/safe time. 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 sick leave or earned sick/safe time 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 the state law, the City will not require an employee using earned sick/safe time to find a replacement worker to cover the hours the employee will be absent. (e) For the purpose of accumulating additional sick leave and earned sick/safe time, an employee using earned sick leave and earned sick/safe time is considered to be working. (f) Human Resources shall maintain records of each employee’s accumulated sick leave and earned sick/safe time and absences that have occurred during a calendar year. An employee may be required to provide an explanation to their Department Head, City Administrator, Personnel Committee, or City Council if/when more than three absences have occurred in a given year. (g) The City shall not discharge, discipline, penalize, interfere with or otherwise retaliate or discriminate against and employee for asserting earned sick/safe time rights, requesting an earned sick/safe time absence, or pursuing remedies. Further the use of earned sick/safe time will not be factored into any attendance point system the City may use. Additionally, it is unlawful to report or threaten to report a person or a family member’s immigration status for exercising the right under earned sick/safe time. (h) In accordance with law, employees may use sick leave and earned sick/safe time during Family and Medical Leave, at their option. Employees must use sick leave or earned sick/safe time prior to using paid vacation or compensatory time prior to an unpaid leave of absence for Family and Medical Leave, except where Parenting Leave, Family or Medical Leave overlap. (i) Sick Leave Incentive Program: Permanent Full-time and Permanent Part-time employees shall earn one-fourth (1/4) day paid vacation or one-fourth (1/4) day’s pay in lieu of paid vacation at the employee’s option. The option shall be selected in December of each year for the next calendar year running December 1st and terminating November 30th. This option is only active and available when the beginning sick leave balance for each month is ninety days (90) days. In the event an employee takes sick leave, the employee then cannot earn the one-fourth (1/4) day of incentive stipulated for that month. The cash in lieu option will be paid, if Agenda Page 125 Page 26 applicable, would be made in December between the two normal payrolls each year. December 1st will be the date used in calculating the vacation or days paid in lieu of vacation option. Temporary/Seasonal/Volunteer Firefighter employees are not eligible for the sick leave incentive program under this policy. (j) On separation from Permanent Full-time or Permanent Part-time employment with the City for reasons other than cause or resignation without due notice, an employee shall receive a percentage of their sick leave and earned sick/safe time pay as is outlined below. However, no sick leave and earned sick/safe time pay will be paid for employees who have worked less than five years. Length of Service Percentage of Sick Leave 5-9 years 10% 10- 14 years 20% 15+ years 30% Temporary/Seasonal/Volunteer Fire Fighter employees are not eligible for sick leave and earned sick/safe time payout under this policy. (k) Retirement: Permanent Full-time and Permanent Part-time employees leaving the service of the employer in good standing, because of retirement, shall have 50% of the balance of accumulated sick leave and earned sick/safe time pay for single coverage medical insurance. The value is determined by the balance in the sick leave and earned sick/safe time bank times the current rate of pay for the employee at retirement. The retired employee shall have the option of remaining on the employers’ group insurance plan, with the retiree assuming full responsibility for the premium payments. If the retiring employee chooses not to remain on the employer’s group insurance plan, the employee may receive a percentage of their sick leave and earned sick/safe time balance as a cash payout as outlined below. Length of Service Percentage of Sick Leave 5-9 years 10% 10- 14 years 20% 15+ years 30% (l) In case of death of a Permanent Full-Time or Permanent Part-time employee prior to retirement or other termination, payment in an amount equal to 10% of the accumulated sick leave and sick/safe time accrued to the credit of the employee shall be paid to the employee’s estate. Temporary/Seasonal/Volunteer Fire Fighter employees are not eligible for sick leave and earned sick/safe time payout for under this policy. Agenda Page 126 Page 27 8.3 INSURANCE (a) Benefits are offered to permanent full-time employees and his/her dependents. Benefits to cover permanent Part-time employees with a regularly scheduled workweek of at least thirty (30) hours but less than forty (40) hours shall receive prorated insurance benefits. (1) Life Insurance Policy ($30,000 employee, $5,000 spouse and $2,000 child). *Policy requires minimum of at least 32 scheduled hours a week year-round ** Policy covers children until age 22 or married before age 22 (2) Health Insurance Policy – Major Medical/Fee for Service: HMO; major medical, a combination of these programs or flexibility to explore new options as they become available. *Children can be covered until age 26 (MN Statue 62A.302) (3) Dental Insurance Policy – Diagnostic and preventative services, other services, and flexibility to explore new options as they become available. *Under the Affordable Care Act most plans cover children until age 26 (4) Vision Insurance Policy – Comprehensive exam of visual functions and prescription of corrective eyewear, limited eyewear coverage and the flexibility to explore new options as they become available. *Under the Affordable Care Act most plans cover children until age 26 (5) Short-Term Disability Insurance Policy – Short-term insurance to supplement employee wages and sick leave in the event there is a coverable absence from work. Coverage up to 26 weeks (per incident/claim). *Policy required minimum of at least 32 scheduled hours a week year-round (6) Long-Term Disability Insurance Policy – Long-term insurance to supplement employee wages in the event there is a coverable absence from work for an extended period of time. *Policy required minimum of at least 32 scheduled hours a week year-round (b) Other Benefits (optional) (1) Flexible Benefits Plan (2) Health Care Savings Plan (3) Supplemental Insurance product (example such as Aflac/Globe Life) (4) IRS 125 Deduction for premium payments 8.4 HEALTH CARE SAVING PLAN Post-Retirement Health Care Savings Plan The City of Albertville permanent Full-time employees and permanent Part-time employees with regularly scheduled workweek of at least thirty (30) hours, but less than forty (40) are eligible to participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minnesota Statutes, section 352.98 (Minn. Supp. 2001) and as Agenda Page 127 Page 28 outlined in the Minnesota State Retirement System's Trust and Plan Documents. All funds collected by the employer on the behalf of the employee will be deposited into the employee's post-employment health care savings plan account. Employee Contribution All employees must contribute the mandatory minimum wage percentage set by 100% agreement of all employees. Contribution amounts may change every two years if 100% agreement of all employees and employer are met. All employees agree upon a tiered contribution effective DATE: 01/01/2022. Employees have agreed to contribute an ongoing percentage of pay as set below: Employees who have: 0 - 5 years of service shall contribute 2% of pay 6 + years of service shall contribute 4% of pay Employer Contribution The City of Albertville, approved by City Council, will match the employee’s HCSP tiered contribution as set below: Employer contribution for employees who have: 0 - 5 years of service shall contribute 2% of pay 6 + years of service shall contribute 4% of pay 8.5 LONGEVITY PAY Purpose The purpose of this policy is to reward employees Permanent Full-Time and Permanent Part-Time for staying with the City, increasing their knowledge and applying it to their jobs. The policy is also intended to maintain high employee retention and to maintain competitive pay for the City’s employees. Pay and Terms So long as budgetarily feasible, Permanent Full-Time employees will be paid $100 for each full year of service completed with the City. Permanent Part-Time employees will be paid at a prorated rate. An employee must have completed at least one full year of service to be eligible for payment. Payment would be made in December between the two normal payrolls. Taxes such as federal and state withholding and FICA contributions would apply. PERA would also apply. Should an employee terminate during the year, they will not receive any longevity pay. Longevity pay is only paid to employees that are active at the time payment is scheduled to be made. If an employee is out on FMLA leave, they are eligible for longevity pay. If an employee terminates employment with the City, then is re-hired, years of service shall be calculated from the initial hire date as long as no more than 6 months have passed between the termination date and re-hire date. If more than 6 months have passed between the termination date and re-hire date, longevity pay is calculated based on the re-hire date. Agenda Page 128 Page 29 Longevity pay applies only to benefit earning employees. Seasonal/Temporary/Volunteer Fire Fighter employees are not eligible. 8.6 TUITION ASSISTANCE The City of Albertville encourages the continued education and professional development of its staff by assisting employees with certain tuition expenses. The City of Albertville will assist staff in paying for costs related to education provided that participation is approved in advance under the following criteria and procedures: (a) The employee requesting tuition assistance has completed his or her probationary period and has been appointed as a permanent full-time or permanent part-time City employee. (b) The subject matter of the course work is directly job related. The responsibilities outlined in the position description and annual employee work and training goals will be considered in determining if the request is job related. Courses taken by employee in order to maintain licensing or other professional accreditation will not be eligible under this section unless the subject matter relates directly to the employee’s duties, even though the employee may be required to maintain such licensing or accreditation as a condition of employment. (c) The request for tuition assistance must be submitted in writing to the City Administrator. Such requests should include the total dollar amount requested for assistance and a statement of how the education or training is related to the employee’s job. (d) Course work must be taken at an accredited institution of higher education. An invoice for tuition must be submitted to the Finance Officer for payment. Tuition assistance is not available for the cost of books, supplies or equipment. Following course completion, the employee must submit verification of a passing grade (C or better or a pass in a pass fail system). (e) Course work must be scheduled in such a way as to avoid conflict with the employee’s normal workday schedule. If the employee cannot avoid conflict and must leave work for class they must take vacation or sick time. (f) Tuition assistance will not exceed the amount listed in the annual budget for each department. 9.0 AUTHORIZED LEAVE FOR MILITARY DUTY The provisions of Minnesota Statutes 1978, Section 192.26 to 192.264, related to military leave, are hereby adopted by reference as is fully set forth herein. 9.1 JURY OR WITNESS DUTY Regular employees may be absent with pay when serving jury duty or when subpoenaed as a witness in court or voluntarily serving as a witness in a case in which the City is a party. Jury Duty is considered regularly scheduled work hours. Agenda Page 129 Page 30 To receive their normal wages, the employee must pay the City the jury duty compensation, minus any mileage reimbursement. If the jury duty compensation exceeds the regular salary rate, he or she may keep the difference. Employees summoned to serve on a jury or as a witness shall notify their Supervisor or the City Administrator immediately in order to provide sufficient time to cover the employees’ work assignments. When employees are excused from service on a jury or as a witness during their regular working hours, they are expected to return to work. Employees will continue to receive City benefits while serving on a jury or as a witness. However, if jury or witness duty lasts longer than 10 working days, performance reviews and probationary periods may be extended by the length of the duty at the discretion of the City Administrator. 9.2 LAYOFFS (a) The City Council may lay off any employee whenever such action is made necessary by the reason of shortage of work or funds, the abolition of a position, or changes in organization. (b) Two (2) weeks advanced written notice shall be given to the employee involved, except that this provision shall not apply to seasonal and temporary employees. (c) No permanent employee shall be laid off while there are temporary, provisional or probationary employees serving in the same position for which the permanent employee is qualified, eligible and available. (d) The Chief Administrative Officer may temporarily lay off any City employee without pay for a period not exceeding one (1) day due to lack of work or for disciplinary reasons. A written report documenting the reason for the layoff will be provided to the City Attorney and the City Council. Upon request of the affected employee, the City Council will review the layoff action and, if warranted, restore the loss of pay. 9.3 LEAVE OF ABSENCE WITHOUT PAY (a) Upon request of an employee, leave of absence without pay may be granted by the City Council, taking into consideration good conduct, length of service, efficiency of the employee and the general good of the City. (b) Such leave of absence shall not exceed a period of ninety (90) days, provided that the same may be extended beyond such period if the leave of absence is for continued disability or other good and sufficient reason, but in no case to exceed one year, except when the employee is detained for military duty. (c) No vacation or sick leave and earned sick/safe time leave benefits shall accrue during a period of leave of absence without pay. (d) Leave of absence without pay shall require advance approval of the appropriate Department Head and the City Council. Agenda Page 130 Page 31 (e) The City may cancel a leave of absence at any time upon written notice to the employee specifying a reasonable date of termination of the leave. 9.4 ABSENCE WITHOUT LEAVE (a) No employee shall be absent themselves from duty without specific permission of such employee’s Department Head. An employee absenting themselves from duty without leave or permission may be subject to disciplinary action or dismissal. (b) Any employee who habitually absents themselves from duty without leave or permission may be discharged from City employment by the City Council. (c) Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the City Council as a resignation from City employment with benefits. 9.5 SCHOOL CONFERENCE AND ACTIVITIES LEAVE Minnesota’s School Conference and Activities Leave law allows eligible employees up to 16 hours of unpaid leave from work to attend their child’s school conferences and activities each year and for each child MN Statues 181.9412 All employees are eligible regardless of amount of time for which they have worked for their employer. “Child” includes any child of the employee, whether biological, adopted or foster, who is younger than 18 or who is younger than 20 and is still attending secondary school. The employee may choose to use available vacation, sick or compensated time, but the is not required. Leave can be used to attend school conferences and school-related activities that cannot be scheduled during non-work hours. When possible, the employee must provide reasonable advance notice before the leave and make a reasonable effort to schedule the leave when it will not unduly disrupt the operations of the City. 9.6 ELECTIONS/VOTING (State of MN) Employees shall notify the City Administrator at least 20 days in advance and provide certification from the appointing authority. All employees who are eligible to vote at a State Primary or General Election, an election to fill a vacancy in the office of the United States Senator or Representative, or a Presidential Primary will be allowed time off with pay to vote during the election day. Employees shall seek prior approval from their Supervisor or the City Administrator to ensure that the City is staffed appropriately. 9.7 FAMILY AND MEDICAL LEAVE ACT The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of unpaid, job-protected leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. The following is a summary of FMLA provisions and regulations as they are applied to City employees: This law covers only certain employers; affects only those employees eligible for the protections of the law; involves entitlement to leave, maintenance of health benefits Agenda Page 131 Page 32 during leave, and job restoration after leave; sets requirements for notice and certification of the need for FMLA leave; and protects employees who request or take FMLA leave. The law also includes certain employer record keeping requirements. FMLA allows employees to balance their work and family life by taking reasonable unpaid leave for certain family and medical reasons. FMLA seeks to accomplish these purposes in a manner that accommodates the legitimate interests of employers, and minimizes the potential for employment discrimination on the basis of gender, while promoting equal employment opportunity for men and women. FMLA applies to all public agencies, including State, local and Federal employers, and local education agencies (schools); and private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year including joint employers and successors of covered employers. To be eligible for FMLA leave, an employee must work for a covered employer and: (1) have worked for that employer for at least 12 months; and (2) have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave in a 12-month period for one or more of the following reasons: (1) for the birth of a son or daughter and to care for the newborn child; (2) for the placement with the employee of a child for adoption or foster care, and to care for the newly placed child; (3) to care for an immediate family member (spouse, child, or parent -- but not a parent in-law) with a serious health condition (4) when the employee is unable to work because of a serious health condition; and (5) For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status. Leave to care for a newborn child or for a newly placed child must conclude within 12 months after the birth or placement. Spouses employed by the same employer may be limited to a combined total of 12 workweeks of family leave for the following reasons: (1) birth and care of a child; (2) for the placement of a child for adoption or foster care, and to care for the newly placed child; and (3) to care for an employee's parent who has a serious health condition. An eligible employee may also take up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the service member. FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. Agenda Page 132 Page 33 Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee's serious health condition. Intermittent/reduced schedule leave may be taken to care for a newborn or newly placed adopted or foster care child only with the employer's approval. Only the amount of leave actually taken while on intermittent/reduced schedule leave may be charged as FMLA leave. Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Employers may account for FMLA leave in the shortest period of time that their payroll systems use, provided it is one hour or less. Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with their employers to schedule the leave so as not to unduly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee's regular job. Substitution of Paid Leave - Employees may choose to use, or employers may require the employee to use, accrued paid leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued paid vacation or personal leave for any of the situations covered by FMLA. The substitution of accrued sick or family leave is limited by the employer's policies governing the use of such leave. Serious Health Condition - "Serious health condition" shall be defined by the FMLA. An employer may, at its own expense, require the employee to obtain a second medical certification from a health care provider. The employer may choose the health care provider for the second opinion, except that in most cases the employer may not regularly contract with or otherwise regularly use the services of the health care provider. If the opinions of the employee's and the employer's designated health care providers differ, the employer may require the employee to obtain certification from a third health care provider, again at the employer's expense. This third opinion shall be final and binding. The third health care provider must be approved jointly by the employer and the employee. The "Certification of Health Care Provider" (optional form WH-380) may be used to obtain the certifications. The City may request that the employee provide a recertification no more often than every 30 days and only in connection with an absence by the employee, unless the FMLA allows a recertification more frequently. If a certification indicates that the minimum duration of the serious health condition is more than 30 days, the employer must generally wait until that minimum duration expires before requesting recertification. In all cases, the City may request a recertification for absences every six months. The employee must pay for the cost of the recertification. Failure by the employee to provide a requested certification may result in the City denying the employee’s request for FMLA leave. The City may require an employee returning from FMLA leave, because of the employee’s serious health condition, to provide a fitness-for-duty certification from the same class of Agenda Page 133 Page 34 health care providers who can certify a serious health condition under this personnel policy. The City shall provide the employee with notice of the City’s required fitness-for- duty certification at the time it provides the employee with the FMLA designation notice. Health Care Provider - Health care providers who may provide certification of a serious health condition include: (1) doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; (2) podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice under State law; (3) nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under State law and performing within the scope of their practice as defined under State law; (4) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; (5) any health care provider recognized by the employer or the employer's group health plan's benefits manager; and (6) a health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country. Maintenance of Health Benefits: A covered employer is required to maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. Where appropriate, arrangements will need to be made for employees taking unpaid FMLA leave to pay their share of health insurance premiums. For example, if the group health plan involves co-payments by the employer and the employee, an employee on unpaid FMLA leave must make arrangements to pay his or her normal portion of the insurance premiums to maintain insurance coverage, as must the employer. Such payments may be made under any arrangement voluntarily agreed to by the employer and employee. An employer's obligation to maintain health benefits under FMLA stops if and when an employee informs the employer of an intent not to return to work at the end of the leave period, or if the employee fails to return to work when the FMLA leave entitlement is exhausted. The employer's obligation also stops if the employee's premium payment is more than 30 days late and the employer has given the employee written notice at least 15 days in advance advising that coverage will cease if payment is not received. In some circumstances, the employer may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave. Agenda Page 134 Page 35 Other Benefits - Other benefits, including cash payments chosen by the employee instead of group health insurance coverage, need not be maintained during periods of unpaid FMLA leave. Certain types of earned benefits, such as seniority or paid leave, need not continue to accrue during a period of unpaid FMLA leave provided that such benefits do not accrue for employees on other types of unpaid leave. For other benefits, such as elected life insurance coverage, the employer and the employee may make arrangements to continue benefits during periods of unpaid FMLA leave. An employer may elect to continue such benefits to ensure that the employee will be eligible to be restored to the same benefits upon returning to work. At the conclusion of the leave, the employer may recover only the employee's share of premiums it paid to maintain other "non-health" benefits during unpaid FMLA leave. Job Restoration: Upon return from FMLA leave, an employee must be restored to his or her original job, or to an "equivalent" job, which means virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using (but not necessarily during) FMLA leave. "Key" Employee Exception - Under limited circumstances where restoration to employment will cause "substantial and grievous economic injury" to its operations, an employer may refuse to reinstate certain highly paid, salaried "key" employees. In order to do so, the employer must notify the employee in writing of his/her status as a "key" employee (as defined by FMLA), the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after so notifying the employee. Notice: Employee Notice - Eligible employees seeking to use FMLA leave may be required to provide: (1) 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable (2) notice "as soon as practicable" when the need to take FMLA leave is not foreseeable ("as soon as practicable" generally means at least verbal notice to the employer within one or two business days of learning of the need to take FMLA leave) (3) sufficient information for the employer to understand that the employee needs leave for FMLA-qualifying reasons (the employee need not mention FMLA when requesting leave for the first time to meet this requirement, but may only explain why the leave is needed) (4) where the employer was not made aware that an employee was absent for FMLA reasons and the employee wants the leave counted as FMLA leave, timely notice (generally within two business days of returning to work) that leave was taken for an FMLA-qualifying reason Employer Notices - Covered employers must take the following steps to provide information to employees about FMLA: Agenda Page 135 Page 36 (1) post a notice approved by the Secretary of Labor (WH Publication 1420) explaining rights and responsibilities under FMLA; (2) include information about employee rights and obligations under FMLA in employee handbooks or other written material, including Collective Bargaining Agreements (CBAs); or (3) if handbooks or other written material do not exist, provide general written guidance about employee rights and obligations under FMLA whenever an employee requests leave (a copy of Fact Sheet No. ESA 95-24 will fulfill this requirement); and (4) provide a written notice designating the leave as FMLA leave and detailing specific expectations and obligations of an employee who is exercising his/her FMLA entitlements. The employer may use the "Employer Response to Employee Request for Family or Medical Leave" (optional form WH-381) to meet this requirement. This employer notice should be provided to the employee within one or two business days after receiving the employee's notice of need for leave and include the following: i. that the leave will be counted against the employee's annual FMLA leave entitlement; ii. any requirements for the employee to furnish medical certification and the consequences of failing to do so; iii. the employee's right to elect to use accrued paid leave for unpaid FMLA leave and whether the employer will require the use of paid leave, and the conditions related to using paid leave; iv. any requirement for the employee to make co-premium payments for maintaining group health insurance and the arrangement for making such payments; v. any requirement to present a fitness-for-duty certification before being restored to his/her job; vi. rights to job restoration upon return from leave; vii. employee's potential liability for reimbursement of health insurance premiums paid by the employer during the leave if the employee fails to return to work after taking FMLA leave; and viii. whether the employee qualifies as a "key" employee and the circumstances under which the employee may not be restored to his or her job following leave. Unlawful Acts: FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by this law. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA. Agenda Page 136 Page 37 Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, nor can FMLA leave be counted under "no fault" attendance policies. Enforcement: FMLA is enforced by the Wage and Hour Division of the U.S. Department of Labor's Employment Standards Administration. This agency investigates complaints of violations. If violations cannot be satisfactorily resolved, the Department may bring action in court to compel compliance. An eligible employee may bring a private civil action against an employer for violations. An employee is not required to file a complaint with the Wage and Hour Division prior to bringing such action. Other Provisions: Some special rules apply to employees of local education agencies. Generally, these rules provide for FMLA leave to be taken in blocks of time when the leave is needed intermittently or when leave is required near the end of a school term (semester). Several states and other jurisdictions also have family or medical leave laws. If both the Federal law and a State law apply to an employer's operations, an employee is entitled to the most generous benefit provided under either law. Employers may also provide family and medical leave that is more generous than the FMLA leave requirements. The FMLA does not modify or affect any Federal or State law which prohibits discrimination. 9.8 WORKERS COMPENSATION Employees, as defined by the Minnesota Worker’s Compensation Act, are covered by Worker’s Compensation Insurance. Worker’s compensation insurance provides wage replacement and medical payment benefits to City employees who become ill or injured as a result of performing their required work duties. Worker’s compensation has two goals: (a) To return employees to work as soon as possible. (b) To bring employees back to work at or as close as possible to the same income they had prior to the injury. If an employee is injured on the job, the following procedures shall be followed: (a) The employee shall report the injury to his or her immediate supervisor or Supervisor as soon as possible and receive medical attention if the injury is serious. All injuries, no matter how insignificant, shall be reported to the employee’s supervisor. (b) The supervisor shall complete the Supervisor’s Report of Accident and submit the report to the City Clerk as soon as possible to avoid any delays in processing the claim. The City Clerk shall complete a First Report of injury, establish a City claim number, and submit a copy of all information to the City’s worker’s compensation carrier. Agenda Page 137 Page 38 (c) Any information, medical bills, or requests for reimbursement, shall be submitted to the City Clerk to be made a part of the employee’s workers compensation claim file for submittal to the City’s worker’s compensation carrier. (d) The City’s worker’s compensation carrier shall submit worker’s compensation checks for an employee injured on duty to the Finance Officer. The Finance Director will make a copy of the check to be placed into the employee’s worker’s compensation file and will compute the difference between the worker’s compensation check and the employee’s regular pay. The difference in pay will be paid to the employee out of his or her accumulated sick or vacation leave. The worker’s compensation check and the employee’s pay check will be sent to the employee. (e) It is the employee’s responsibility to keep his or her supervisor and the City informed about the status of his or her medical condition and return to work date. (f) Worker’s compensation pays 2/3’s of an employee’s daily wage to a maximum limit set by Minnesota Law. In addition, worker’s compensation pays medical bills directly related to and required by the work-related injury. The first three days of lost time (including the day of the injury if the employee missed part of the day) are not covered. Worker’s compensation payments begin on the fourth day of injury. However, if ten consecutive calendar days pass and the employee has still not returned to work, payment is retroactive to the first day of lost time. Employees can use available vacation or sick leave for the first three days of lost time. 9.9 DISMISSALS, SUSPENSION AND DEMOTION (a) The City Council may dismiss, suspend, or demote any employee under such Department Head’s supervision. Such dismissal, suspension or demotion shall separate the employee from pay status. (b) A written statement of the reason for the dismissal, suspension for more than thirty (30) days, or demotion shall be submitted by the City Council and to the employee within twenty-four (24) hours of the time of the dismissal, suspension of more than thirty (30) days, or demotion goes into effect. (c) An employee so dismissed or suspended for more than thirty (30) days, or demoted shall be entitled to a hearing before the City Council if requested in writing by the employee or the employee’s representative within five (5) days after the notice of dismissal, suspension for more than (30) days, or demotion is received. (d) The following items constitute cause for dismissal, suspension for more (30) days, or demotion: (1) Failure to report or refusal to work when necessary to keep the essential services operating and provide service to the public. (2) Reporting for work when under the influence of alcohol or controlled substances. (3) Incompetence or inefficiency in the performance of such employee’s duties. Agenda Page 138 Page 39 (4) Conviction of a criminal offense or a misdemeanor involving moral in turpitude. (5) Violation of any lawful or official regulation, order or failure to obey any lawful direction made and given by such employee’s superior officer when such violation or failure to obey amounts to any act of insubordination or a breach of proper discipline or had resulted, or reasonably might be expected to, result in loss or injury to the municipality or to the public. (6) Wanton use of offensive conduct or language toward the public or municipal employees. (7) Physical or mental defects which, in the judgment of the Council, incapacitates the employee from the proper performance of the duties of such employee’s position; an examination by such medical personnel as the employer requests shall be required. (8) Failure to pay or make reasonable provisions for future payment of just debt due or repeated garnishments, subject to applicable state laws. (9) Carelessness and negligence in the handling and control of municipal property. (10) Taking a fee, gift, or other valuable thing in the course of such employee’s work, or in connection with it from any citizen for such employee’s personal use, when such fee, gift or other thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other citizens. (11) Inducing or attempting to induce an employee of the City to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order. (12) Conduct in private life which brings discredit upon the municipal services. (13) Proven dishonesty in the performance of such employee’s duties. (14) Use of City time or equipment in outside employment or for such employee’s own benefit. (e) Notwithstanding any provision above in the Section 9.5 to the contrary, the City Council may with or without cause suspend any employee with or without pay for a period of not more than thirty (30) days. Notice of such suspension need not be in writing unless a written request is received from the employee or the employee’s representative within five (5) days after the oral notice of suspension is given. Suspension under this subsection shall not be deemed a grievance under Section 5.2 of this policy. 10.0 DISCIPLINE It is the policy of the City of Albertville that any employee who violates any of the City’s standards of job performance and behavior shall be subject to progressive disciplinary action as set forth below and the employee shall be notified within forty-eight (48) hours of any violation, subject to mitigating circumstances, legal holidays and weekends. Agenda Page 139 Page 40 Step 1. A Department Head and/or City Administrator has the option to issue an oral reprimand or simply proceed to step 2. Step 2. On the next occasion of an incident, the City Administrator shall take the following action: (a) Meet with the employee to discuss the matter and/or (b) Inform the employee of the nature of the problem and the action necessary to correct it, and/or (c) Prepare and forward to the personnel file a written report describing the incidents and summarizing the action(s) taken during the meeting with the employee. Step 3. Should additional incidents occur, the City Administrator shall take action as follows: (a) Issue a written reprimand or warning, and/or (b) Place the employee on probation, and/or (c) Suspend the employee without pay for up to five (5) working days, and/or (d) Suspend the employee indefinitely and recommend termination to the City Council. Suspension may be with pay pending opinion from the City Attorney and/or formal action of the City Council. Serious Misconduct. In cases involving serious misconduct, such as a violation of the law, the City Administrator shall suspend the employee immediately and, if appropriate, recommend termination of the employee. Suspension shall be in accordance with this policy. Termination. In the event the City Administrator recommends that an employee be terminated, a complete investigation of the situation shall be conducted by the Personnel Committee. Based upon the Personnel Committee’s recommendation, the City Council and the employee may call for a hearing. The Council may terminate the employee. Investigative Interview. During the interview of the investigated employee, conducted for the purpose of determining the facts involved in any suspected violations for City, State and Federal rules and regulations, the following procedures shall apply: Prior to the interview, the employee who is suspected of violating City rules and regulations must be informed in general terms what the interview is about. The employee shall have an opportunity to respond to charges. 10.1 TERMINATION OF EMPLOYMENT Agenda Page 140 Page 41 It is the policy of the City of Albertville to terminate employment because of an employee’s resignation, discharge (including disciplinary action, inability of employee to satisfactorily perform job duties and the like) or retirement; the expiration of an employment contract; or a permanent reduction in the work force. In the absence of a specific written agreement, employees may resign for any reason, subject to provisions to the contrary contained in this policy. (a) All employees are expected to give written notice of their intent to resign. (1) Department Head employees are expected to give at least four weeks’ notice. (2) All other employees are expected to give at least two weeks’ notice. (3) Failure to give the required notice may result in forfeiture of City benefits and ineligibility for re-employment as permitted in law. (b) An employee who is absent from work without having notified their Department Head of the absence or the reason for it will be considered as having resigned after the third consecutive day of absence. (c) The City Administrator shall conduct an exit interview. The City Administrator conducting the interview will: (1) If the termination is voluntary, attempt to determine the actual reason or reasons why the employee is leaving so that, where appropriate, action can be taken to correct any problems that may exist. (2) If the termination is involuntary, explain the circumstances and reasons leading to the termination. (3) Review conversion of benefits under the City’s group insurance plans and any other vested benefits available to the employee under the City’s benefits plans. (4) Determine the employee’s availability for future employment. (5) Obtain the correct address for mailing Internal Revenue Service Form W-2. (6) Collect keys, identification papers, badges, insignias, uniforms, etc. (d) A written report of the termination interview will be prepared and placed in the employee’s personnel file. Pertinent items requiring City Council review and possible change of policy will be brought to the attention of the Personnel Committee and/or City Council. 11.0 REPEAL OR CHANGES The foregoing provisions are the City’s general statement of policy and not a condition of any ongoing binding employment contract. Each employee of the City covered by these policies shall at all times remain an “at will employee”, thus the City reserves the right to repeal or change in whole or in part the foregoing policy statement. No employee shall acquire any vested rights to any condition or re-employment or benefit after the specific Agenda Page 141 Page 42 condition, benefit or right is changed or appealed, specifically including but not limited to the condition, benefit, or right under Sections .02, .19, .20, and .25. These general statements of policy are not issued pursuant to Chapter 44, Minnesota Statutes, but under the City’s general powers. 12.0 USE AND SAFEGUARDING OF CITY PROPERTY No member of the City Council, Commission or Board, Official or employee shall use or permit the use of City owned vehicles, equipment, tools, machinery, materials, credit cards, or other property for personal convenience or profit. All officers and employees of the City who have authority over, or the use of city vehicles, equipment, machinery, credit cards, or property in the course of their duties must assume responsibility for the safeguarding and care of such items. 12.1 COMPUTER USE Acceptable Uses City of Albertville encourages the use of the internet and e-mail because they make communication more efficient and effective. Internet service and e-mail are the City of Albertville property, and their purpose is to facilitate business. Every staff member has a responsibility to maintain and enhance the City’s public image and to use City of Albertville’s e-mail and access to the internet in a productive manner. To ensure that all employees are responsible, the following guidelines have been established for using e-mail and the internet. Unacceptable Uses City of Albertville e-mail and internet access may not be used for transmitting, retrieving or storage of any communications of a discriminatory or harassing nature or materials that are obscene or X-rated. Harassment of any kind is prohibited. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, physical attributes or sexual preference shall be transmitted. No abusive, profane or offensive language is to be transmitted through City of Albertville e-mail or internet system. Electronic media may also not be used for any other purpose which is illegal or against City policy or contrary to the City of Albertville’s best interest. Communications Each employee is responsible for the content of all text, audio or images that they place or send over City of Albertville e-mail/internet system. No e-mail or other electronic communications may be sent which hides the identity of the sender or represents the sender as someone else or someone from another company/county or city. All messages communicated on City of Albertville e-mail/internet must contain the employee’s name. Any message or information sent by an employee to another individual outside of the City of Albertville via an electronic network (e.g., bulletin board, list serve, online service or internet) are statements that reflect on the City of Albertville. While some users include personal “disclaimers” in electronic messages, there is still a connection to the City of Albertville and the statements may be tied to the City. All communications sent by employees via City of Albertville e-mail/internet system must comply with this and other City policies and may not disclose any confidential or proprietary City information. Agenda Page 142 Page 43 Copyright Issues Copyrighted materials belonging to entities other than the City of Albertville may not be transmitted by employees on the City of Albertville e-mail/internet system. All employees obtaining access to other companies, counties, cities or individuals’ materials must respect all copyrights and may not copy, retrieve, modify or forward copyrighted materials, except with permission, or as single copy for reference only. Failure to observe copyright or license agreements may result in disciplinary action. Security The City of Albertville reserves the right to access and monitor all messages and files on City of Albertville e-mail/internet system. Employees should not assume electronic communications are totally private and should transmit highly confidential data in other ways. Violations Any employee who abuses the privilege of City of Albertville facilitated access to e-mail or the internet, will be subject to corrective action. If necessary the City of Albertville also reserves the right to advise appropriate legal officials of any illegal violations. General Information All data collected, stored, processed or disseminated by City employees is governed by the Data Practices Act, MN Stat. Chap. 13 and other applicable statues. Therefore, the gathering, use and dissemination of all such information through computers must be done within the strictures of the Data Practices Act and other applicable statues. The duplication of licensed software, except for backup or archival purposed, is a violation of the Federal Copyright Act, the terms of software license agreements must be strictly observed. Personal computers and more specifically those pc’s which are referred to as “laptops” and “notebook-size” computers, and the data (confidential or otherwise) stored on them, are susceptible to loss through theft of the computer or damage to the computer itself. If the computer assigned to you is damaged or stolen, notify your supervisor immediately. Minnesota Statues, Section 609.87-.89 define two types of computer crime. One is to intentionally and without authorization physically damage or alter computer hardware, computer software, stored data or a computer network. A second type of computer theft is the unauthorized access to a computer or computer network as well as unauthorized possession of computer hardware, software or data from a computer. Penalties for both types of crime range up to ten years imprisonment and/or $50,000 in fines. Purpose This policy serves to protect the security and integrity of the City of Albertville’s electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. The City of Albertville reserves the right to inspect any data, e-mails, files, settings or any other aspect of a City owned computer or related system and will do so on an as-needed basis as determined by the City Finance Director or City Administrator. Personal Use Agenda Page 143 Page 44 The City of Albertville recognizes that some personal use of City-owned computers and related equipments 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. Only City employees may use City-owned equipment. Family members or friends of employees are not allowed to use City equipment or technology resources, unless authorized by the City Finance Director or City Administrator. Reasonable use of City e-mail systems for personal correspondence is allowable, provided it does not interfere with an employee’s normal work and is consistent with all provisions in this policy. Passwords and Physical Security of Equipment Employees are responsible for maintaining computer passwords and for following these guidelines: (a) Passwords must be at least six (6) characters in length and include at least one number. (b) Your 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 the Finance Director. (c) Passwords should not be stored in any location on or near the computer. (d) The computer system may prompt employees to update passwords every 120 days. Employees must change passwords when prompted. (e) When leaving your desk or office for more than five minutes, lock your workstation by pressing the Ctrl-Alt-Del keys. Your computer can be unlocked by doing the same and then typing your password. (f) Because technology equipment is generally small and portable, employees should use caution when leaving equipment unattended at any off-site facility. If your office or desk area is in a high-traffic public area, take appropriate security measures. Software, Hardware, Games, and Screen Savers In general, all software and hardware required for an employee to perform his/her job functions will be provided by the City. Requests for new or different equipment or software should be made to your supervisor and then to the Finance Department. The following is approved software that may be downloaded by employees without prior approval: (a) Microsoft updates as provided in automatic updates to the user (b) Anti-virus updates as provided in automatic updates to the user (c) Microsoft clipart and photo files contained on the site www.microsoft.com Agenda Page 144 Page 45 Unapproved software or downloads (free or purchased), hardware, games, screen savers, toolbars, clipart, music and movie clips, other equipment, software or downloads that have not been specifically approved may compromise the integrity of the City’s computer systems and are prohibited. The City of Albertville, without notice may remove any unauthorized programs or software, equipment, downloads, or other resources if they could harm City systems or technology performance. Internet The City of Albertville provides access to employees for work on City business. Employees may use this access for work related matters in a professional manner. Occasional personal use of the Internet is acceptable within the bounds of all City policies. The following considerations apply to all uses of the Internet whether business related or personal: (a) There is no quality control on the Internet. All information found on the Internet should be considered suspect until confirmed by another source. (b) Employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races or religions. (c) Employees may not participate in any Internet chatroom unless the topic is related to City business. (d) The City may monitor any employee’s use of the internet without prior notice, as deemed appropriate by the City Administrator. 12.2 COMPUTER/LAPTOP USE – EXTERNAL USE/OFF SITE All employees must take the following actions to ensure the physical security of City of Albertville computers/laptops that are off-site: • Use of City owned computers/laptops by individuals other than the employee is strictly prohibited • Sharing login information for the City of Albertville with non-employees or unauthorized employees is strictly prohibited • All computer/laptop passwords and codes must be available to the City of Albertville at all times. • When not in use, the computer/laptop must be locked with a password and caution taken when entering any City passwords on the computer/laptop • No employee may add unauthorized or pirated software or files to any machine owned by the City of Albertville. Agenda Page 145 Page 46 • Store the laptop in a safe and secure place when not in use. • Employees may not use computer files or software from home or other sources on the City computer/laptop (to avoid viruses, unless authorized by the City). • The City reserves the right to enter, search, and monitor the computer/laptop files or email of any employee, without advance notice, for the purposes such as investigating theft, disclosure of confidential business or proprietary information, or personal abuse of the system, or monitoring work flow or productivity. Agenda Page 146 Mayor & Council Request for Action December 11, 2023 SUBJECT: FIRE – AMENDED ALBERTVILLE FIRE RELIEF ASSOCIATIONS BYLAWS RECOMMENDATION: Staff respectfully requests Council consideration regarding the amended Albertville Fire Relief Association Bylaws. MOTION TO: Approve the amended Albertville Fire Relief Association Bylaws. BACKGROUND: On October 16, 2023, the Albertville City Council authorized the Albertville Fire Relief Association to move the pension asset and benefit functions (Special Fund) of the Relief Association to the MN PERA Statewide Volunteer Firefighter (SVF) Plan. In subsequent meetings, the Albertville Fire Relief Association Board of Trustees voted to keep the General Fund of the Relief Association active. To do so, the Albertville Fire Relief Association Board of Trustees needed to amend their current bylaws to reflect the move to managing only the General Fund of the Association. The Albertville Fire Relief Association Board of Trustees used PERA’s “Model Bylaws for Relief Association Maintaining a General Fund” and customized the Model Bylaws to the needs of the Albertville Fire Relief Association. On Monday, November 27, 2023, the Albertville Fire Relief Association Board of Trustees unanimously adopted the amended bylaws. On Thursday, November 30, 2023, the amended bylaws were presented to the Albertville Fire Relief Association membership, and a vote to adopt the amended bylaws passed unanimously. If approved by the City Council, the amended Albertville Fire Relief Association Bylaws will become effective January 1, 2024, in conjunction with the Albertville Fire Relief Associations move to PERA SVF. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy for Council to review and approve policies as they deem necessary. Responsible Person: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Amended Albertville Fire Relief Association Bylaw s - DRAFT Agenda Page 147 1 AMENDED BYLAWS OF THE ALBERTVILLE FIRE RELIEF ASSOCIATION APPROVED 12/11/2023 EFFECTIVE 1/1/2024 Agenda Page 148 2 AMENDED BYLAWS OF THE ALBERTVILLE FIRE RELIEF ASSOCIATION ARTICLE I. OFFICE Section 1.1 Registered Office The registered office of the Albertville Fire Relief Association (Association) shall be the office of the Albertville Fire Department (Fire Department). The Board of Trustees shall have authority to change the registered office of the Association. Section 1.2 Offices The Association may have such other offices, including its principal business office, within the State of Minnesota, as the Board of Trustees may designate or as the business of the Association may require. ARTICLE 2. NAME Section 2.1 The name of the Association is the Albertville Fire Relief Association (Association). ARTICLE 3. PURPOSE Section 3.1 Purpose The purpose of the Association is to provide for identified, legally permissible, needs of the Fire Department, and its members, as determined by the Board of Trustees. Disbursements from the general fund may be made for any purpose that is authorized by the Bylaws of the Association. Agenda Page 149 3 ARTICLE 4. MEMBERS Section 4.1 Annual Meeting The Annual Meeting of this Association shall be held on the first or second Thursday of January each year, aligning with the Fire Department training schedule. The place of the meeting shall be designated and may be changed by the Board of Trustees. If the date of the Annual Meeting falls on a legal Holiday, it shall be held on the next succeeding Thursday. Section 4.2 Special Meeting Special meetings of the members may be called at any time upon written order of the President and one other member of the Board of Trustees or of ten members of this Association. In either case, the order shall be filed with the Secretary who shall thereupon give notice of the meeting to each member of the Board of Trustees and to each member of this Association entitled to vote at the meeting. No other business shall be transacted at a special meeting than that specified in the notice of the meeting. Section 4.3 Quorum 50%, plus one member, shall constitute a quorum for the transaction of business. The members present at a duly called or held meeting, at which a quorum of the members is present, may continue to transact business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum. In case a quorum is not present at any meeting, those present shall have the power to adjourn the meeting from time to time, without notice or other announcement at the meeting, until the requisite number of members shall be represented. Any business may be transacted at such reconvened meeting which might have been transacted at the meeting which was adjourned. Section 4.4 Voting At each meeting of the members, every member shall be entitled to vote in person but not by proxy. Each member shall have one (1) vote. Upon demand of any member, the vote for Trustees or the vote upon any question before the meeting shall be by ballot. All elections shall be had and all questions decided by a majority vote of the number of members entitled to vote and present at any meeting at which there is a quorum, except in such cases as shall otherwise be required or permitted by Statute, the Articles of Incorporation, these Bylaws or by agreement approved by a majority of all members. Section 4.5 Dues. All dues shall be deposited into the General Fund. 4.5.1 Each active member of the Association shall pay dues of $25 annually to the Association. The dues shall be payable on or before the date of the Annual Meeting each year and used to pay for current membership to the Volunteer Firefighters’ Benefit Association of Minnesota. 4.5.2 Each inactive and deferred member of the Association shall pay dues of $10 annually to the Association. The dues shall be payable on or before the date of the Annual Meeting each year. 4.5.3 If the dues are not paid within 30 days of the time when such payment was due, the Secretary shall notify, by certified letter, that the member stands suspended from membership and Agenda Page 150 4 forfeits all rights and benefits thereunder by such non-payment. A member so dropped may be reinstated upon payment of the delinquent dues and a fine of $30.00. Section 4.5 Notice of Meeting There shall be given to each member shown by the books of the Association a written notice of any Annual Meeting, which notice shall be given at least ten-days prior thereto, or any Special Meeting, which notice shall be given at least 48-hours prior thereto. Every meeting, and the business transacted at all special meetings shall be confined to purposes stated in the call. Section 4.6 Presiding Officer The appropriate Officers of the Association shall preside over all meetings of the members; provided, however, that in the absence of an appropriate corporate officer at any meeting of the members, the members in attendance shall choose any member present to act as presiding officer of the meeting. Section 4.7 Conduct of Meetings of Members Subject to the following, and where not inconsistent with state statute, meetings of members shall follow the “Robert's Rules of Order Newly Revised, 12th edition." 1. The chair of the meetings shall have absolute authority over matters of procedures and there shall be no appeal from the ruling of the chair. If the chair, in its absolute discretion, deems it advisable to dispense with the rules of parliamentary procedure as to any one meeting of members or part thereof, the chair shall so state and shall clearly state the rules under which the meeting or appropriate part thereof shall be conducted. 2. If disorder should arise which prevents continuation of the legitimate business of the meeting, the chair may quit the chair and announce the adjournment of the meeting; and upon the Chair's so doing, the meeting is immediately adjourned. 3. A resolution or motion shall be considered for vote only if proposed by a member and seconded by a member other than the individual who proposed the resolution or motion. Section 4.8 Order of Business The suggested order of business at the Annual Meeting of members and so far, as possible at all other meetings of the members shall be: 1. The meeting shall be called to order by the President, who shall be the chair, at the time and on the date of the meeting. 2. Calling of the roll. 3. Reading and disposal of any unapproved minutes. 4. Annual reports of all Officers and committees. 5. Election of Trustees. 6. Unfinished business. 7. New business. 8. Adjournment. Agenda Page 151 5 Section 4.9 Inspectors of Election The Board of Trustees in advance of any meeting of members may appoint inspectors to act at such meetings or any adjournment thereof. If inspectors of election are not so appointed, the officer or person acting as chair of any such meeting may and, on the request of any member, shall make such appointment. In case any person appointed as inspector shall fail to appear or act, the vacancy may be filled by appointment made by the Board of Trustees in advance of the meeting or at the meeting by the officer or person acting as chair. The inspectors shall determine the number of members entitled to vote, the number present, the existence of a quorum, receive votes, ballots, assents or consents, hear and determine all challenges and questions in any way arising and announce the result, and do such acts as may be proper to conduct the election or vote with fairness to all members. No inspector, whether appointed by the Board of Trustees or by the officer or person acting as chair, need be a member. Section 4.9 Membership All individuals, who are members of the Fire Department, are engaged in or qualified to provide fire suppression duties, and who meet any additional standards established by the Fire Department or by the Association, are eligible for membership in the Association. Membership in the Association begins on the date the member becomes a Probationary Paid-On-Call Firefighter. Section 4.10 Age Requirements No person under the age of 18 shall be accepted as a member of this Association from and after the date of adoption of these Bylaws. Section 4.11 Expulsion from Membership Any member may be expelled from this Association for cause by a majority vote of members of the Board of Trustees at a regular meeting or special meeting. Notice of the meeting and a written statement of charges shall be given to such member and the member shall be given an opportunity to be heard at such meeting. In the case of a resignation by a member, no written notice of the charges or the meeting is required to be given. Cause for expulsion shall include, but shall not be limited to, resignation or discharge from the Fire Department, failure to account for money belonging to the Association, or feigning illness or injury for the purpose of defrauding the Association. Agenda Page 152 6 ARTICLE 5. TRUSTEES Section 5.1 General Powers The property, affairs, and business of the Association shall be managed by the Board of Trustees. Section 5.2 Board of Trustees The Board of Trustees shall consist of five members. One of the trustees shall be the Fire Chief of the Fire Department the other four Trustees shall be elected by, and from, the Association membership. 5.2.1 Filing Requirement for Board of Trustees Any member seeking election to the Board of Trustees must file a letter of intent to do so with the Secretary of the Association no later than 10-days prior to the date of the Annual Meeting as specified in the notice. Section 5.3 Term Trustees shall be elected for two (2) year terms. Section 5.4 Vacancies Vacancies in office or any other vacancy on the Board of Trustees may be filled by the Board, in the form of an appointment, for the unexpired portion of the term. Section 5.5 Removal of Trustees One or more trustees may be removed from the office by a majority vote of the members of the Board of Trustees for failure to attend two or more consecutive regular meetings of the Board of Trustees as defined in Section 5.8 hereof. Trustees may be removed from office by a majority vote of the remaining Board of Trustees, for cause, which includes but is not limited to, willful misconduct, conviction of a felony, or a breach of fiduciary duties to the Association. A trustee may be removed without cause by a two-thirds (2/3)-majority vote of the Board of Trustees. No trustee shall be removed from office pursuant to this provision unless notice of the annual or special meeting at which the removal is to be considered states such a purpose. When a member of the Board of Trustees has been removed, the vacancy on the Board of Trustees may be filled by vote of a majority of the remaining trustees acting at the same meeting. Section 5.6 Quorum A majority of the Board of Trustees shall constitute a quorum for the transaction of business; provided, however, that if any vacancies exist by reason of death, resignation or otherwise, a majority of the remaining trustees, but not less than two (2), shall constitute a quorum for the conduct of business Section 5.7 Annual Meetings As soon as practical after each Annual Meeting of the members, the Board of Trustees shall meet for the purposes of organization and electing the following Officers: President, Vice-President, Secretary, and Treasurer for a term of two-years. Agenda Page 153 7 Section 5.8 Regular Meetings Regular meetings of the Board of Trustees shall be held from time to time at such place as may from time to time be fixed by resolution adopted by a majority of the whole Board of Trustees. Unless notice shall be waived by all trustees entitled to notice, notice shall be given in the same manner as prescribed for notice of special meetings. Section 5.9 Special Meetings Special meetings of the Board of Trustees may be held at such time and place as may from time to time be designated in the notice or waiver of the meeting. Special meetings of the Board of Trustees may be called by the President, or by any two trustees. There shall be given to each members of the Board of Trustees a written notice of any Special Meeting, which notice shall be given at least 48-hours prior thereto. Unless notice shall be waived by all trustees entitled to notice, notice of the special meeting shall be given by the secretary, who shall give at least 48 hours’ notice thereof to each trustee by mail, e-mail, telephone, fax, or in person; provided, however, that the meetings may be held without waiver of notice from or giving notice to any trustee while in the Armed Forces of the United States. Each trustee, by attendance and participation in the action taken at any trustees meeting, shall be deemed to have waived notice of such meeting. Section 5.10 Executive Committee The Board of Trustees may create an executive committee. The committee shall act only in the interval between meetings of the board and shall be subject at all times to the control and direction of the board. Section 5.11 Order of Business The meetings shall be conducted in accordance with “Robert's Rules of Order Newly Revised, 12th edition," and the suggested order of business at any meetings of the trustees shall be: 1. The meeting shall be called to order by the President at the time and on the date of the meeting. 2. Roll Call 3. Proof of due notice of meeting, or unanimous consent, or unanimous presence and declaration by President. 4. Reading and disposal of any unapproved minutes. 5. Reports of Officers and committees. 6. Correspondence of Officers. 7. Unfinished business. 8. New business. 9. Adjournment. Section 5.12 Informal Action of Trustees Any action required to be taken at a meeting of the trustees, or any other action which may be taken at a meeting of the trustees, may be taken without a meeting and notice thereof if a consent in writing, setting forth the action so taken, shall be signed by a majority of the trustees entitled to vote with respect to the subject matter set forth. Agenda Page 154 8 ARTICLE 6. OFFICERS Section 6.1 Number of Officers The Officers of the Association shall include a President, Vice-President, Secretary, and Treasurer, and may include such other Officers as may from time to time be chosen by the Board of Trustees. In no event shall any trustee hold more than one officer position at any one time. Section 6.2 President The President shall have general active management of the Association. The President shall preside at all meetings of the members. The President shall be the Chief Executive Officer of the Association, and shall see that all orders and resolutions are carried into effect. The President shall be an ex-officio member of all standing committees. The President may execute and deliver, in the name of the Association, any deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of the Association as may be prescribed from time to time by the Board of Trustees, and in general shall perform all duties usually incident to the Office of President and such other duties as may from time to time be assigned to him by the Board. Section 6.3 Vice-President The Vice-President shall have such powers and shall perform such duties as may be specified in these Bylaws or prescribed by the Board of Trustees. In the event of absence or disability of the President, the Vice-President shall succeed to the Office of President and assume all powers and duties in the order in which they are elected or as otherwise prescribed by the Board of Trustees. Section 6.4 Secretary The Secretary shall be Secretary of, and shall attend, all meetings of the Board of Trustees. The Secretary shall act as clerk thereof and shall record all the proceedings of such meetings in the minute book of the Association. The Secretary shall give proper notice of meetings of Trustees. The Secretary shall keep the seal of the Association and shall affix the same to any instrument requiring it and shall attest the seal by his signature. The Secretary shall, with the President or Vice-President, acknowledge all certificates for shares of the Association and shall perform such other duties as may be prescribed from time to time by the Board of Trustees or such duties that may be prescribed by Minnesota State Statute. The duties herein, other than statutory duties, may be assigned to a contracted person at the discretion of the Board of Trustees. Section 6.5 Treasurer The Treasurer shall keep accurate accounts of all moneys of the Association received or disbursed. The Treasurer shall deposit all moneys, drafts, and checks in the name and to the credit of the Association in such banks and depositories as the Board of Trustees shall designate from time to time. The Treasurer shall disburse the funds of the Association as authorized by the Board of Trustees. The Treasurer shall render to the President and the Board of Trustees, whenever required, an account of all transactions as Treasurer and of the financial condition of the Association and shall perform such other duties as may be prescribed from time to time by the Board of Agenda Page 155 9 Trustees or Minnesota State Statute. The duties herein, other than statutory duties, may be assigned to a contracted person at the discretion of the Board of Trustees. Section 6.6 Compensation All trustees will be compensated at $100 per calendar year for services provided to the YOUR DEPARTMENT Firefighters Relief Association. The Fire Chief will not be compensated for serving on the Board. Compensation will be made from the General Fund of the YOUR DEPARTMENT Firefighters Relief Association. Section 6.6 Annual Report At the end of each year, the Secretary and Treasurer shall jointly prepare a detailed annual report of the receipts and expenditures for the year showing for what purpose all money has been paid. Such report shall be prepared on or before the Annual Meeting of the Association. Agenda Page 156 10 ARTICLE 7. FUNDS Section 7.1 General Fund The funds received by this Association from dues, fines, initiation fees, entertainments, and other miscellaneous sources shall be kept in a General Fund by the Secretary and/or Treasurer and may be disbursed by the Board of Trustees for any purpose reasonably suited to the welfare of the Association, and its members, or for equipment and maintenance of the Fire Department. The General Fund is governed by Minnesota Statute 424A.06. See Attachment A – Approved Expenses Section 7.3 Disbursements No disbursement of the funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President or Secretary Vice- President. Section 7.4 Deposits All money belonging to this Association shall be deposited in such banks, trust companies, or other such depositories as the Board of Trustees may designate. Section 7.5 Investments The funds of this Association may be invested by the Board of Trustees in such income paying properties and securities as may be authorized by the Board and in compliance with the laws of the State of Minnesota. (a) The Board of Trustees shall investigate and prepare for the safe and profitable investment of Association funds in conformance with State Statutes, the Bylaws. (b) The Board of Trustees may designate two or more Association members to sit on an investment committee. The Treasurer, the President and an ex- officio member shall sit on the committee. The investment committee shall investigate and make recommendations to the board of suitable investments for Association funds among those permitted by Statute and these Bylaws. Agenda Page 157 11 ARTICLE 8. DEFINITIONS Section 8.1 Fiduciary Responsibility In the discharge of their respective duties, the Officers and trustees shall be held to the standard of care enumerated in Section 11A.09 of the State Board of Investment Fiduciary Standard. In addition, the trustees must act in accordance with Chapter 356A. No trustees of the Association shall cause the Association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one of the following direct or indirect transactions: 1. Sale or exchange or leasing of any real property between the Association and a Board member; 2. Lending money or other extension of credit between the Association and a Board member or member of the Association; 3. Furnishing of goods, service, or facilities between the Association and a Board member; or, 4. Transfer to a Board Member or use or for the benefit of a Board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law. Section 8.2 Board of Trustees The Board of Trustees of the Association as specified under Minnesota Statute 353G.06, Subdivision 2 Section 8.3 Accounting Date: Is defined as December 31st of each year. Agenda Page 158 12 ARTICLE 9. AMENDMENTS Section 9.1 Amendments The Bylaws of this Association may be amended at any regular or special meeting of the Association by a favorable vote of 2/3 of the members present and voting, providing a quorum is present; and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than 21 days preceding the date upon with such amendment or amendments are to be acted upon, and that a notice be mailed to each member at their last known address not less than 10 days prior to the scheduled date of such meeting. Section 9.2 Action by Board of Trustees The Board of Trustees of the Association is expressly authorized to propose changes to the Bylaws of the Association and to alter or repeal Bylaws so made. In so acting, the Board of Trustees may do so only upon vote of a majority of the entire Board of Trustees then in office at any meeting, and proof that notice of such proposal of amendment shall have been given to the Trustees in the notice of such meetings. Such authority in the Board of Trustees is subject to the powers of the voting members to enact, change or repeal such Bylaws by majority vote of the members present and represented at any Annual Meeting or at any special meeting called for that purpose, and the Board of Trustees shall not make or alter any Bylaws fixing the number, qualification or term of office of members of the Board. The undersigned Secretary of this Association hereby certifies that the foregoing Bylaws were adopted as the complete Bylaws of the Association at a duly called meeting of the members of said Association on this 30th Day of November, 2023. ___________________________ NAME, Secretary Attest: _________________________________ NAME, President Agenda Page 159 13 ATTACHMENT A – APPROVED EXPENSES The listed expenses have been approved by the Albertville Fire Relief Association Board of Trustees: 1. Paid-on-call Firefighter / Relief Association member = Fire Department Jacket, up to $300. 2. Monthly Fire Department Dinner = Food reimbursement, up to $250. 3. Annual, and initial dues, for all Fire Department members to the Volunteer Firefighters’ Benefit Association of Minnesota. 4. $300 gift, plus shipping costs, for any Relief Association member separating from service with between 10 and 20-years of service. 5. $500 gift, plus shipping costs, for any Relief Association member separating from service with 20-years, and over, of service. 6. Invitation to the Fire Department Annual Party for any Relief Association member, and their family, who separates from service with over 10-years of service. 7. Fire Department equipment, events, gear, and uniforms, as approved by the Board of Trustees. Agenda Page 160 City Administrator’s Update December 7, 2023 GENERAL ADMINISTRATION I-94 Gap Project: MnDOT will be in attendance to present the final project layout and exhibits and answer questions. Year End Claims: Included on the Consent agenda is a motion to allow staff to pay all claims through December 31, 2023, in order to close out the year. 2024 Elections: Staff is beginning to prepare for the three upcoming elections in 2024. There will be the Presidential Nominating Primary (PNP) on March 5, State Primary Election on August 13 and the State General Election on November 5. Staff and election judges will attend training for the PNP in mid to late January. Absentee voting for the PNP begins on January 19. Local Board of Appeals Training: Training is available online for the members of local appeal boards. Albertville currently has 1 certified, trained member. The deadline to complete the training is 5 pm on February 1, 2024. Cities must have at least one member trained by the deadline or the Local Board of Appeals will lose its powers for 2024 at a minimum. 2023 Audit: The preliminary audit review began this week and the auditors will be back in March for the audit fieldwork. Code/Zoning Enforcement: The code enforcement regrading illegal land use on Potter’s property located at the southwest corner of 60th Street NE and Mackenzie Avenue has been turned over to the City Attorney. ENGINEERING/PUBLIC WORKS 53rd Street and CSAH 19 Signal: Installation of the poles and lights will begin Monday and we expect the signal to be operational by the end of the week. Tree Trimming and Pond Maintenance: Public works is taking advantage of the warm weather and has been trimming trees and performing pond and ditch maintenance. WWTF Improvements: The project is progressing well. The building is fully enclosed and various trades and subcontractor will be working inside throughout the winter months. 50th Street Retaining Wall: The retaining wall work is complete. Lift Station Upgrades: Public Works is working on 4 lift station upgrades. Generally, upgrades are related to control panels and electrical components. Eligible expenses can be paid with ARPA funds otherwise are paid with enterprise capital reserves. Agenda Page 161 City Administrator’s Update Page 2 of 2 December 7, 2023 2024 Street and Trail Improvements: Staff is working is working to identified street and trail segments to be included in the 2024 overlay project. Agenda Page 162