HomeMy WebLinkAbout2019-075 (revised City of Stillwater Employment Policy Manual) RESOLUTION 2019-075
APPROVING THE REVISED CITY OF STILLWATER
EMPLOYMENT POLICY MANUAL
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota,that the attached
revised City of Stillwater Employment Policy Manual is hereby approved.
Adopted by the City Council this 18th day of June, 2019.
112
Ted Kozlowski, Mayor
ATTEST:
-e)/6/1
Beth Wolf, City Cle
EMPLOYMENT
POLICY MANUAL
City of Stillwater
Adopted XX/XX/2019|Effective: XX/01/19
CITY OF STILLWATER
216 Fourth Street North |Stillwater, Minnesota
55082|651-430-8800|www.ci.stillwater.mn.us
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Welcome
Welcome to the City of Stillwater. We are delighted that you have chosen to join our organization
and hope that you will enjoy a long and successful career with us. As you become familiar with our
culture and mission, we hope you will take advantage of opportunities to enhance your career and
further the City of Stillwater’s goals.
You are joining an organization that has a reputation for outstanding leadership, innovation, and
expertise. Our employees use their creativity and talent to invent new solutions, meet new
demands, and offer the most effective services/products in the industry. With your active
involvement, creativity, and support, the City of Stillwater will continue to achieve its goals. We
sincerely hope you will take pride in being an important part of the City of Stillwater’s success.
Please take time to review the policies contained in this handbook. If you have questions, feel free
to ask your supervisor or to contact the Human Resources Department.
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Table of Contents
Introduction (Section 1) ....................................................................................................................................... 5
Purpose ............................................................................................................................................................. 5
Scope ................................................................................................................................................................ 5
Mission Statement ........................................................................................................................................... 6
Policy Development and Administration ........................................................................................................ 6
Employment Definitions .................................................................................................................................. 7
Equal Employment Opportunity and Commitment to Diversity (Section 2) ..................................................... 7
Equal Employment Opportunity ...................................................................................................................... 7
Americans with Disabilities Act (ADA) and Reasonable Accommodation ..................................................... 8
Commitment to Diversity ................................................................................................................................ 8
Harassment and Sexual Harassment ............................................................................................................... 8
Consensual Relationships .............................................................................................................................. 12
Respectful Workplace Policy ......................................................................................................................... 13
Whistleblower Policy ..................................................................................................................................... 18
Conflicts of Interest and Confidentiality (Section 3) ......................................................................................... 19
Conflicts of Interest ........................................................................................................................................ 19
Confidential Information ............................................................................................................................... 21
Recruitment and Selection (Section 4) .............................................................................................................. 21
Scope .............................................................................................................................................................. 21
Pre-employment Medical Exams ................................................................................................................... 21
Background Checks ........................................................................................................................................ 22
Introductory Period ........................................................................................................................................ 22
Employment Relationship (Section 5) ............................................................................................................... 22
Classification and Compensation Plan .......................................................................................................... 22
Employment of Relatives and Domestic Partners ........................................................................................ 23
Work Schedule and Hours of Work ............................................................................................................... 24
Meals and Rest Breaks ................................................................................................................................... 24
Timekeeping ................................................................................................................................................... 24
Overtime ......................................................................................................................................................... 25
Deductions from Pay/Safe Harbor Exempt Employees ................................................................................ 26
Wages ............................................................................................................................................................. 26
Separation from Employment ....................................................................................................................... 27
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Severance Pay ................................................................................................................................................ 27
Training and Development ............................................................................................................................ 28
Workplace Safety (Section 6) ............................................................................................................................. 28
Emergency Closings ........................................................................................................................................ 28
Drug Testing ................................................................................................................................................... 29
Workplace Violence Prevention .................................................................................................................... 37
Commitment to Safety ................................................................................................................................... 37
Safety/Injury Reporting ............................................................................................................................. 38
Fitness for Duty .............................................................................................................................................. 39
Property Damage Reporting .......................................................................................................................... 41
Workers’ Compensation ................................................................................................................................ 41
Workplace Guidelines (Section 7) ..................................................................................................................... 41
Attendance ..................................................................................................................................................... 41
Job Performance (Performance Appraisal) ................................................................................................... 41
Outside Employment ..................................................................................................................................... 42
Personal Appearance ..................................................................................................................................... 42
Disciplinary Procedure ................................................................................................................................... 43
Grievance Procedure ...................................................................................................................................... 44
Keys and Security ........................................................................................................................................... 44
Social Media Acceptable Use ......................................................................................................................... 45
Cellular Phone Use ......................................................................................................................................... 48
Bulletin Boards ............................................................................................................................................... 50
Political Activity .............................................................................................................................................. 50
Technology and Internet Use, Including Software, Hardware, Games, Screensavers................................. 50
Personal Use of City Property ........................................................................................................................ 55
Fire/Emergency Response by Full Time Employees ...................................................................................... 55
Use of City Vehicles ........................................................................................................................................ 56
Travel Expenses .............................................................................................................................................. 56
Property Damage Reporting .......................................................................................................................... 57
Election Pay .................................................................................................................................................... 57
Government Data Practices Act ..................................................................................................................... 57
Gifts and Gratuities ........................................................................................................................................ 58
News Releases, Public Statements and Public Appearance ......................................................................... 58
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Volunteers ...................................................................................................................................................... 59
Telecommuting .............................................................................................................................................. 59
Leave Time (Section 8) ....................................................................................................................................... 63
Holidays .......................................................................................................................................................... 63
Vacation .......................................................................................................................................................... 64
Sick Leave ....................................................................................................................................................... 65
Family and Medical Leave .............................................................................................................................. 67
Family Care and Safety Leave ........................................................................................................................ 74
Pregnancy and Parenting Leave .................................................................................................................... 75
Military Leave ................................................................................................................................................. 75
Bereavement Leave........................................................................................................................................ 76
Catastrophic Leave Program .......................................................................................................................... 76
Jury Duty/Court Appearance ......................................................................................................................... 80
Elections and Time Off for Voting .................................................................................................................. 81
School Conference and Activities Leave ........................................................................................................ 81
Leave of Absence without Pay ....................................................................................................................... 81
Bone Marrow/Organ Donation Leave ........................................................................................................... 82
Nursing Mother .............................................................................................................................................. 82
Employee Benefits (Section 9) ........................................................................................................................... 83
Medical Insurance .......................................................................................................................................... 83
Group Life Insurance ...................................................................................................................................... 83
Employee Assistance Program ....................................................................................................................... 83
Retirement/PERA ........................................................................................................................................... 84
Appendix ............................................................................................................................................................ 84
Social Media Guidelines for City of Stillwater Sites or Accounts ................................................................. 85
Telecommuting Agreement Form.................................................................................................................. 88
Receipt and Acknowledgement of Employment Policy Manual .................................................................. 94
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Introduction (Section 1)
Purpose
This Policy manual contains human resources and benefits information, personnel policies and
procedures for City of Stillwater employees.
The purpose of these policies is to establish a uniform and equitable system of personnel
administration for employees of the City of Stillwater. They should not be construed as contractual
provisions or as establishing terms of employment. No provision of this Policy manual is intended to
violate, supersede or conflict with any state or federal statute or regulation.
If any specific provisions of this policy manual conflict with any current provisions of any labor
agreement between the City and a certified representative of City employees, the provisions of the
labor agreement will supersede provisions of this Policy manual.
Employment for all City employees is at -will employment and may be terminated by either the City
or the employee at any time.
These policies supersede all previous personnel policies. Employees are responsible for complying
with current city policy at all times. The policies and procedures contained in this Policy manual
may be revised from time to time as the City deems appropriate without prior notice.
This policy manual cannot cover all possible situations. These personnel policies and procedures are
created to serve as a guide for employees to follow in the performance of their job. Situations
encountered by employees of the City that are not addressed in this manual will require the
employee to exercise sound judgment.
The terms and conditions of this manual with respect to employment matters do not constitute nor
are they intended to imply a contract of employment or a contract of any kind. The terms and
conditions of this manual with respect to employee matters are statements of emplo yment
guidelines and practices provided for employee information. They shall not grant any property or
liberty interest to any employee. They shall not affect the at will relationship of any employee and
they are subject to unilateral action by the City Council.
Scope
These policies apply to all employees of the city. Except where specifically noted, these policies do
not apply to:
Elected officials
City attorney
Members of city boards, commissions, and committees
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Consultants and contractors
Volunteers, except as specifically noted for paid-on-call firefighters
If any specific provisions of the personnel policies conflict with any current collective bargaining
agreement, the collective bargaining agreement will prevail. Employees are encouraged to consult
their collective bargaining agreement first for information about their employment conditions.
Nothing in these policies is intended to modify or supersede any applicable provision of state or
federal law.
These policies serve as an information guide t o help employees become better informed and to
make their experience with the city more rewarding.
Mission Statement
To provide the community with a quality living environment, quality public services and facilities
while protecting cultural, historical and natural resources through fair and open government,
careful planning, effective management and efficient fiscal policy.
Policy Development and Administration
ADOPTION AND AMENDMENT OF POLICIES
These policies were prepared and developed by the City Administrator with Human Resources and
can be amended or replaced as needed. Sections of these policies were approved by the City
Council and revisions to processes, statute references, and procedures can be amended by the City
Administrator as needed. Where these policies differ from state or federal law, the applicable law
will be followed.
ADMINISTRATION
The City Administrator is directly accountable to the City Council, and is responsible for
administering the personnel policies. The City Administrator may establish policies and rules. The
City Administrator and Human Resources Manager are responsible for administration and
clarification of intent regarding personnel policies adopted by Council.
SAVINGS CLAUSE
If a personnel policy is held invalid by judicial or legislative action, the remainder of these policies
will not be affected.
DEPARTMENT RULES
In accordance with these policies, departmental rules of procedure and/or policy that do not
conflict with these policies may be established. The City Administrator must approve departmental
rules and/or policy prior to implementation.
EMPLOYMENT GUIDELINES
These policies are guidelines for the City and its employees regarding city employment. It does not
constitute an employment contract. The City reserves the right to change any personnel policy at
any time at its discretion.
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Each employee of the City will be provided with instructions on how to access the most recent copy
of the Employment Policy Handbook. Employees will be instructed to read the docum ent and
acknowledge by signature that they have read the document. At any time, an employee may
request an opportunity to discuss with the Administrator or designee any questions the employee
may have regarding the City’s Employment Policy Handbook.
Employment Definitions
In order to determine eligibility for benefits and overtime status and to ensure compliance with
federal and state laws and regulations, the City of Stillwater classifies its employees as shown
below. The City of Stillwater may review or change employee classifications at any time.
Exempt. Exempt employees are paid on a salaried basis and are not eligible to receive overtime pay.
Nonexempt. Nonexempt employees are paid on an hourly basis and are eligible to receive overtime
pay for overtime hours worked.
Part-Time Employee: Employees who are required to work less than forty (40) hours per week year-
round in an ongoing position.
On-Call Employee: An employee hired to work in the Fire Department on an on -call basis.
Full Time Employee: Employees who are required to work forty (40) or more hours per week year -
round in an ongoing position.
Seasonal Employee: An employee who works in a full time or part-time position during a seasonal
program in accordance with state law.
Temporary Employee: An employee hired to work less than 67 days in any consecutive twelve-month
period; or less than 100 days in any consecutive twelve-month period if the employee is 22 years of
age or less and is a full time student at an accredited school, in accordance with Minnesota statutes,
Chapter 179A.
Equal Employment Opportunity and Commitment to Diversity (Section 2)
Equal Employment Opportunity
The City of Stillwater is committed to providing equal opportunity in all areas of employment,
including but not limited to recruitment, hiring, training, promotion, compensation, transfer,
selection, lay-off, demotion, disciplinary action and termination. To this end, the City upholds the
principle that no employee or job applicant shall be discriminated against because o f race, color,
creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender
expression, disability, age, marital status, genetic information, status with regard to public
assistance, veteran status, familial status, or membership on a local human rights commission or
lawful participation in the Minnesota Medical Cannabis Patient Registry and to any other group or
class against which discrimination is prohibited by state or federal law.
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Employees who participate in discrimination of any kind are subject to discipline up to and including
termination.
Any person who believes that he/she has been discriminated against should contact their Supervisor,
Human Resources Manager or the City Administrator. Employees and applicants are protected from
coercion, intimidation, interference, and discrimination for filing complaints or assisting in
investigations.
The City of Stillwater expressly prohibits any form of unlawful employee harassment or discrimination
based on any of the characteristics mentioned above. Any employee with questions or concerns
about equal employment opportunities in the workplace are encouraged to bring these issues to the
attention of the HR Manager. The City will not allow any form of retaliation against in dividuals who
raise issues of equal employment opportunity. If an employee feels he or she has been subjected to
any such retaliation, he or she should bring it to the attention of the HR Manager.
Retaliation means adverse conduct taken because an individual reported an actual or perceived
violation of this policy, opposed practices prohibited by this policy, or participated in the reporting
and investigation process described below. “Adverse conduct” includes but is not limited to:
(1) Shunning and avoiding an individual who reports harassment, discrimination or retaliation;
(2) Express or implied threats or intimidation intended to prevent an individual from reporting
harassment, discrimination or retaliation; or
(3) Denying employment benefits because an applicant or employee reported harassment,
discrimination or retaliation or participated in the reporting and investigation process.
Complaints of discrimination should be filed according to the procedures described in the
Harassment and Complaint Procedure.
Americans with Disabilities Act (ADA) and Reasonable Accommodation
To ensure equal employment opportunities to qualified individuals with a disability, the City of
Stillwater will make reasonable accommodations for the known disability of an otherwise qualified
individual, unless undue hardship on the operat ion of the business would result. Employees who
may require a reasonable accommodation should contact the Human Resources Department.
Commitment to Diversity
The City of Stillwater is committed to creating and maintaining a workplace in which all employees
have an opportunity to participate and contribute to the success of the business and are valued for
their skills, experience, and unique perspectives. This commitment is embodied in company pol icy
and the way we do business at the City of Stillwater and is an important principle of sound business
management.
Harassment and Sexual Harassment
The City of Stillwater is committed to creating and maintaining a public service work place free of
harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of
1964, the Minnesota Human Rights Act, and other related employment laws.
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In keeping with this commitment, the city maintains a strict policy prohibiting unlawful harassment,
including sexual harassment. This policy prohibits harassment in any form, including verbal and
physical harassment.
This policy statement is intended to make all employees, volunteers, members of boards and
commissions, and elected officials sensitive to the matter of sexual harassment, to express the city’s
strong disapproval of unlawful sexual harassment, to advise employees against this behavior and to
inform them of their rights and obligations. The most effective way to address any sexual
harassment issue is to bring it to the attention of management.
DEFINITIONS
To provide employees with a better understanding of what constitutes sexual harassment, the
definition, based on Minnesota Statute §363A.03, subdivision 43, 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:
Submitting to the conduct is made either explicitly or implicitly a term or condition of an
individual’s employment; or
Submitting to or rejecting the conduct is used as the basis for an employment decision
affecting an individual’s employment; or
Such conduct has the purpose or result of unreasonably interfering wi th an individual’s work
performance or creating an intimidating, hostile or offensive work environment.
Examples of inappropriate behaviors that are unacceptable and therefore prohibited, even if not
unlawful in and of themselves include: unwanted physical contact; unwelcome sexual jokes or
comments; sexually explicit posters or pinups; repeated and unwelcome requests for dates or
sexual favors; sexual gestures or any indication, expressed or implied, that job security or any other
condition of employment depends on submission to or rejection of unwelcome sexual requests or
behavior. In summary, sexual harassment is the unwanted, unwelcome or repeated action of an
individual against another individual, using sexual overtones.
EXPECTATIONS
The City of Stillwater recognizes the need to educate its employees, volunteers, members of boards
and commissions, and elected officials on the subject of sexual harassment and stands committed
to providing information and training. All employees are expected to treat eac h other and the
general public with respect, and assist in fostering an environment free from offensive behavior or
harassment. Violations of this policy may result in discipline, including possible termination. Each
situation will be evaluated on a case-by-case basis.
Employees who feel that they have been victims of sexual harassment, or employees who are aware
of such harassment, should immediately report their concerns to any of the following:
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1. A Supervisor
2. Human Resources Manager
3. City Administrator
4. City attorney
5. Mayor or city councilmember
In addition to notifying one of the above persons and stating the nature of the harassment, the
employee is also encouraged to take the following steps, if the person feels safe and comfortable
doing so. If there is a concern about the possibility of violence, the individual should use his/her
discretion to call 911, and as soon as feasible, a supervisor.
1. Communicate to the harasser the conduct is unwelcome. Professionally, but firmly, tell whoever
is engaging in the disrespectful behavior how you feel about their actions, and request the
person to stop the behavior because you feel intimidated, offended, or uncomfortable. If
practical, bring a witness with you for this discussion.
2. In some situations such as with an offender from the public, it is preferable to avoid one on one
interactions. Talk to your supervisor about available options to ensure there are others
available to help with transactions with an offender.
3. To reiterate, it’s important to notify a supervisor, the city administrator, the mayor or
councilmember of concerns. The person who is notified is responsible for documenting the
issues and for providing a status report on the matter. If, after what is considered to be a
reasonable length of time (for example, 30 days), an employee believes inadequate action is
being taken to resolve a complaint/concern, the next step is to report the incident to the city
administrator, the mayor or the city attorney.
The City urges conduct which is viewed as offensive be reported immediately to allow for corrective
action to be taken through education and immediate counseling, if appropriate. Management takes
these complaints seriously, and has the obligation to provide an environment free of sexual
harassment. The city is obligated to prevent and correct unlawful harassment in a manner which
does not abridge the rights of the accused. To accomplish this task, the cooperation of all
employees is required.
In the case of a sexual harassment complaint, a supervisor must report the allegations promptly to
the city administrator. If the city administrator is the subject of the complaint, then the supervisor is
to report the complaint to the city attorney. A supervisor must act upon such a report even if
requested otherwise by the victim. The city will take action to correct any and all reported
harassment to the extent evidence is available to verify the alleged harassment and any related
retaliation. All allegations will be investigated. Strict confidentiality is n ot possible in all cases of
sexual harassment as the accused has the right to answer charges made against them; particularly if
discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of
the individuals involved, to the extent possible.
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The City is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat.
§ 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint
under this policy and any subsequent investigation does not suspend the one-year statute of
limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a
charge with the Commissioner of the Department of Human Rights.
SPECIAL REPORTING REQUIREMENTS
When the supervisor is the alleged harasser, a report will be made to the city administrator who will
assume the responsibility for investigation and discipline.
If the city administrator is the alleged harasser, a report will be made to the city attorney who will
confer with the Mayor and City Council regarding appropriate investigation and action.
If a councilmember is the alleged harasser, the report will be made to the city administrator and
referred to the city attorney. The city attorney, or designee, will undertake the necessary
investigation. The city attorney will report his/her findings to the City Council, which will take the
action it deems appropriate.
Pending completion of the investigation, the city administrator may at his/her discretion take
appropriate action to protect the alleged victim, other employees, or citizens.
If an elected or appointed city official (e.g., council member or commission member) is the victim of
disrespectful workplace behavior, the city attorney will be consulted as to the appropriate course of
action.
RETALIATION
The City of Stillwater will not tolerate retaliation or intimidation directed towards anyone who
makes a complaint of employment discrimination, who serves as a witness or participates in an
investigation, or who is exercising his/her rights, including when requesting religious or disability
accommodation. Retaliation is broader than discrimination and includes, but is not limited to, any
form of intimidation, reprisal or harassment. While each situation is ver y fact dependent, generally
speaking retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline,
negative performance evaluations or transfers to less prestigious or desirable work or work
locations because an employee has engaged or may engage in activity in furtherance of EEO laws.
It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action,
deportation or other action with immigration authorities, disparagement to others o r the media and
making false report to government authorities because an employee has engaged or may engage in
protected activities. Any individual who retaliates against a person who testifies, assists, or
participates in an investigation may be subject to disciplinary action up to and including
termination.
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If you feel retaliation is occurring within the workplace, please report your concern immediately to
any of the following:
1. Immediate Supervisor
2. Human Resources Manager
3. City Administrator
4. Mayor or City Councilmember
5. In the event an employee feels retaliation has occurred by the city administrator or the City
Council, then reporting may be made to the City Attorney
Supervisors who have been approached by employees with claims of retaliation will take the
complaint seriously and promptly report the allegations promptly to the city administrator, or if the
complaint is against the City Administrator to the City Attorney, who will decide how to proceed in
addressing the complaint.
Consensual Relationships
Definitions
1. Consensual Relationships: A consensual relationship refers to any relationship, either past
or present, which is romantic, physically intimate, or sexual in nature, and to which the
parties consent or consented. This includes marriage.
2. Conflict of Interest: A conflict of interest exists when there is incompatibility between
private/personal interests and official/professional responsibilities.
3. Power Differential: A power differential exists when individuals possess different degrees of
power or influence due to their professional standing.
4. Affiliated individuals: Affiliated individuals include, but are not limited to, volunteers,
vendors and contractors. In this policy, all references to employees should also be
considered references to affiliated individuals.
Policy
It is the policy of the City of Stillwater that consensual and familial relationships that might be
appropriate in other circumstances are not appropriate when they occur between an employee of
the City and another employee for whom the individual has or potentially will have supervisory,
advisory or evaluative responsibility. Even where negative consequences to the participants do not
result, such relationships create an environment charged with potential or perceived conflicts of
interest and possible use of supervisory leverage to maintain or promote the relationship. Romantic
or sexual relationships that the parties may view as consensual may still raise questions of
favoritism, as well as an exploitative abuse of trust and power.
A consensual relationship between an employee and another employee where one employee has
supervisory, advisory, evaluative or other authority or influence over the other employee or where
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the employee reasonably believes the employee will have supervisor, advisory, evaluative or other
authority or influence over the other employees, is a violation of this policy unless:
The employee with the supervisory, advisory, evaluative or other authority or influence over
the other employee immediately reports the relationship to their supervisor, or to the
administrator; and
The employee with the supervisory, advisory, evaluative, or other authority or influence over
the other employee cooperates in actions taken to eliminate any actual or potential conf licts
of interest and to mitigate adverse effects on the other employee.
The supervisor or official or receives the report shall treat the information sensitively and shall
promptly:
Consult with the human resources manager and
In cooperation with human resources, eliminate conflicts of interest and mitigate adverse
effects on the other party to the relationship by:
o Documenting the steps taken, providing all parties a copy;
o Transferring supervisory, evaluative, or advisory responsibilities; and
o Taking any other appropriate action required.
It is a violation of this policy for an employee to commence a consensual relationship with another
employee unless the relationship is disclosed as described above and may result in disciplinary
action against that employee. If an employee fails to meet the requirements for disclosing the
relationship with another employee, or fails to cooperate in the actions described above, such a
failure constitutes a violation of this policy and may result in disciplinary action ta ken against that
employee.
To report potential violations of this policy, individuals should contact the Human Resources
Manager. Retaliation against persons who report concerns about potential violations of this policy
is prohibited.
Respectful Workplace Policy
The intent of this policy is to provide general guidelines about conduct that is and is not appropriate
in the workplace and other city-sponsored social events.
The city acknowledges this policy cannot possibly predict all situations that might arise, and also
recognizes that some employees are exposed to disrespectful behavior, and even violence, by the
very nature of their jobs.
APPLICABILITY
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Maintaining a respectful public service work environment is a shared responsibility. This policy is
applicable to all city employees, volunteers, firefighters, members of boards and commissions and
City Council members.
ABUSIVE CUSTOMER BEHAVIOR
While the city has a strong commitment to customer service, the city does not expect employees to
accept verbal and other abuse from any customer.
An employee may request that a supervisor intervene when a customer is abusive, or the employee
may defuse the situation themselves, including professionally ending the contact.
If there is a concern about the possibility of violence, the individual should use his/her discretion to
call 911, and as soon as feasible, a supervisor. Employees should leave the area immediately when
violence is imminent unless their duties require them to remain (such as police officers). E mployees
must notify their supervisor about the incident as soon as possible.
TYPES OF DISRESPECTFUL BEHAVIOR
The following behaviors are unacceptable and therefore prohibited, even if not unlawful in and of
themselves:
Violent behavior:
Includes the use of physical force, harassment, bullying or intimidation.
Discriminatory behavior:
Includes inappropriate remarks about or conduct related to a person’s race, color, creed, religion,
national origin, disability, sex, pregnancy, gender-biased statements, such as stereotypes about
women or men, marital status, age, sexual orientation, gender identity, or gender expression, familial
status, or status with regard to public assistance.
Offensive behavior:
May include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities,
name calling, disparaging language, or any other behavior regarded as offensive to a reasonable
person based upon violent or discriminatory behavior as listed above. It is not possible to anticipate
in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss
with their fellow employees and supervisor what is regarded as offensive, taking into account the
sensibilities of employees and the possibility of public reaction.
Although the standard for how employees treat each other and the general public will be the same
throughout the city, there may be differences between work groups about what is appropriate in
other circumstances unique to a work group. If an employee is unsure whether a particular behavior
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is appropriate, the employee should request clarification from their supervisor or the city
administrator.
Sexual harassment:
Can consist of a wide range of unwanted and unwelcome sexually directed behavior such as
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature when:
Submitting to the conduct is made either explicitly or implicitly a term or condition of an
individual’s employment; or
Submitting to or rejecting the conduct is used as the basis for an employment decision affecting
an individual’s employment; or
Such conduct has the purpose or result of unreasonably interfering with an individual’s work
performance or creating an intimidating, hostile or offensive work environment.
Sexual harassment includes, but is not limited to, the following:
Unwelcome or unwanted sexual advances. This means stalking, patting, pinching, brushing up
against, hugging, cornering, kissing, fondling or any other similar physical contact considered
unacceptable by another individual.
Verbal or written abuse, kidding, or comments that are sexually-oriented and considered
unacceptable by another individual. This includes comments about an individual’s body or
appearance where such comments go beyond mere courtesy, telling “dirty jokes” or any other
tasteless, sexually oriented comments, innuendos or actions that offend others. The harassment
policy applies to social media posts, tweets, etc., that are about or may be seen by employees,
customers, etc.
Requests or demands for sexual favors. This includes subtle or obvious expectations, pressures, or
requests for any type of sexual favor, along with an implied or specific promise of favorable treatment
(or negative consequence) concerning one’s current or future job.
D. EMPLOYEE RESPONSE TO DISRESPECTFUL WORKPLACE BEHAVIOR
All employees should feel comfortable calling their supervisor or another manager to request
assistance should they not feel comfortable with a situation. If situations involve violent behavior call
the police or ask the individual to leave the area.
If employees see or overhear a violation of this policy, employees should advise a supervisor, the city
administrator, or City Attorney promptly.
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Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation
in one of the ways listed below. If there is a concern about the possibility of violence, the individual
should use his/her discretion to call 911, and as soon as feasible, a supervisor.
Step 1(a). If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the
disrespectful behavior how you feel about their actions. Politely request the person to stop the
behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with
you for this discussion.
Step 1(b). If you fear adverse consequences could result from telling the offender or if the matter is
not resolved by direct contact, go to your supervisor or city administrator. T he person to whom you
speak is responsible for documenting the issues and for giving you a status report on the matter.
In some situations with an offender from the public, it is preferable to avoid one on one
interactions. Talk to your supervisor about available options to ensure there are others available to
help with transactions with the offender.
Step 1(c). The city urges conduct which is viewed as offensive be reported immediately to allow for
corrective action to be taken through education and immed iate counseling, if appropriate. It is
vitally important you notify a supervisor, the city administrator, the mayor or councilmember of
promptly of your concerns. Any employee who observes sexual harassment or discriminatory
behavior, or receives any reliable information about such conduct, must report it promptly to a
supervisor or the city administrator.
Step 2. If, after what is considered to be a reasonable length of time (for example, 30 days), you
believe inadequate action is being taken to resolve your complaint/concern, the next step is to
report the incident to the city administrator or the mayor.
E. SUPERVISOR’S RESPONSE TO ALLEGATIONS OF DISRESPECTFUL WORKPLACE BEHAVIOR
Employees who have a complaint of disrespectful workplace behavior will be ta ken seriously.
In the case of sexual harassment or discriminatory behavior, a supervisor must report the
allegations promptly to the city administrator, who will determine whether an investigation is
warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In
situations other than sexual harassment and discriminatory behavior, supervisors will use the
following guidelines when an allegation is reported:
Step 1(a). If the nature of the allegations and the wishes of the victim warrant a simple intervention,
the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching
session with the offender, explaining the impact of his/her actions and requiring the conduct not
reoccur. This approach is particularly appropriate when there is some ambiguity about whether the
conduct was disrespectful.
Step 1(b). Supervisors, when talking with the reporting employee will be encouraged to ask him or
her what he or she wants to see happen next. When an employee comes forward with a
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disrespectful workplace complaint, it is important to note the city cannot promise complete
confidentiality, due to the need to investigate the issue properly. However, any investigation
process will be handled as confidentially as practical and related information will only be shared on
a need to know basis and in accordance with the Minnesota Data Practices Act.
Step 2. If a formal investigation is warranted, the individual alleging a violation of this policy will be
interviewed to discuss the nature of the allegations. The person being interviewed may have
someone of his/her own choosing present during the interview. Typically, the investigator will
obtain the following description of the incident, including date, time and pla ce:
Corroborating evidence.
A list of witnesses.
Identification of the offender.
Step 3. The supervisor must notify the city administrator about the allegations (assuming the
allegations do not involve the city administrator).
Step 4. In most cases, as soon as practical after receiving the written or verbal complaint, the
alleged policy violator will be informed of the allegations, and the alleged violator will have the
opportunity to answer questions and respond to the allegations. The City will follow a ny other
applicable policies or laws in the investigatory process.
Step 5. After adequate investigation and consultation with the appropriate personnel, a decision
will be made regarding whether or not disciplinary action will be taken.
Step 6. The alleged violator and complainant will be advised of the findings and conclusions as soon
as practicable and to the extent permitted by the Minnesota Government Data Practices Act.
F. SPECIAL REPORTING REQUIREMENTS
When the supervisor is perceived to be the cau se of a disrespectful workplace behavior incident, a
report will be made to the city administrator who will determine how to proceed in addressing the
complaint as well as appropriate discipline.
If the city administrator is perceived to be the cause of a disrespectful workplace behavior incident,
a report will be made to the city attorney who will confer with the mayor and City Council regarding
appropriate investigation and action.
If a councilmember is perceived to be the cause of a disrespectful workplace behavior incident
involving city personnel, the report will be made to the city administrator and referred to the city
attorney. The city attorney, or their designee, will undertake the necessary investigation. The city
attorney, or designee, will report his/her findings to the City Council, which will take the action it
deems appropriate.
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Pending completion of the investigation, the city administrator may at his/her discretion take
appropriate action to protect the alleged victim, other employees, or c itizens.
If an elected or appointed city official (e.g., council member or commission member) is the victim of
disrespectful workplace behavior, the City Attorney will be consulted as to the appropriate course of
action.
G. CONFIDENTIALITY
A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The
person’s name and statements may have to be provided to the alleged offender. All complaints and
investigative materials will be contained in a file separate from the involved employees’ personnel
files. If disciplinary action does result from the investigation, the results of the disciplinary action
will then become a part of the employee(s) personnel file(s).
H. RETALIATION
Consistent with the terms of applicable statutes and city personnel policies, the city may discipline
any individual who retaliates against any person who reports alleged violations of this policy. The
city may also discipline any individual who retaliates against any participant in an investigation,
proceeding or hearing relating to the report of alleged violations. Retaliation includes, but is not
limited to, any form of intimidation, reprisal, or harassment.
Whistleblower Policy
The City of Stillwater is committed to the highest standards of financial reporting and lawful and
ethical behavior. Should any person know or have knowledge that a person or persons associated
with the City plan to engage or have engaged in illegal or unethical conduct in connection with the
finances or any other aspect of the City’s operations, that person should immediately file a written
complaint in accordance with the reporting procedures outlined in the previous Harassment and
Sexual Harassment Section of this policy manual.
The City shall follow up promptly on all complaints, with further investigation conducted if needed
to resolve disputed facts. In conducting its investigation, the investigating parties will strive to
respect the interested party’s request for confidentiality and will strive to keep the identity of other
complainants as confidential as possible, consistent with the need to conduct an adequate review
and investigation.
The City shall take appropriate action in response to any complaint, including, but not limited to,
disciplinary action (up to and including termination) against any person who, in the City’s
assessment, has engaged in misconduct. In addition, the City shall report such misconduct to the
relevant civil and criminal authorities if required by law.
The City will not knowingly, with intent to retaliate, take any action harmful to any person, including
interference with lawful employment or livelihood, for reporting a complaint in good faith pursuant
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to this policy or for reporting a complaint to law enforcement officers, governmental agenci es or
bodies, or persons with supervisory authority over the complaint. Likewise, there will be no
punishment or retaliation for providing information regarding a complaint in good faith to, or
otherwise assisting in any investigation regarding a complaint conducted by the City, law
enforcement officers, governmental agencies or bodies, or person with supervisory authority over
the complainant.
There will be no punishment or other retaliation for filing a good faith complaint, or otherwise
participating or assisting in a proceeding filed or about to be filed (with any knowledge of the City)
regarding the complaint. An individual who deliberately or maliciously provides false information
may be subject to disciplinary action (up to and including termination).
Conflicts of Interest and Confidentiality (Section 3)
Conflicts of Interest
The credibility of local government rests heavily upon the confidence which citizens have in public
officials and employees to render fair and impartial services to all citizens without regard to
personal interest or political influence. Thus, City officials and employees must scrupulously avoid
any activity or decision, which could be a perceived or actual conflict of interest or could result in a
personal benefit for themselves or a family member. If an employee has any question about
whether such a conflict exists he/she should consult with the city administrator or city attorney.
Examples of activities which are not in accordance with this Policy include, but are not limited to,
the following:
Taking part in a zoning or permit decision that violates the City Charter;
Entering into any sale, lease or contract in violation of Minnesota Statutes, Section 471.87 –
471.89, and the City Charter
Acceptance by a local official of any gift from an interested person in violation of Minnesota
Statutes, Section 471.895;
Activities which require the official or employee to interpret City codes, ordinances, or
regulations when the activity involves matters with which the official or employee has
business and/or family ties;
Consulting activities carried out within the City if the consulting involves any conflict of interest
with the official’s or employee’s City work responsibilities
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Using an official’s or employee’s authority, influence, or City position for the purpose of
private or personal financial gain;
The use of City time, facilities, equipment, or supplies for the purpose of private or personal
financial gain;
Entering into a business transaction when it involves using confidential in formation gained in
the course of employment
Accepting other employment or public office where it will affect the official’s or employee’s
independence of judgment or require use of confidential information gained as a result of City
duties;
Conducting personal business while working regularly scheduled hours; and
Accepting rebates or procuring any financial gain through the bidding process or employment
of outside personnel.
Any official or employee engaging in any activity involving either an actual or po tential conflict of
interest or having knowledge of such activity by another official or employee shall promptly report
the activity to the City Administrator, or if such activity be by the City Administrator, to the Mayor.
The matter shall be investigated in accordance with the City Charter and a determination shall be
made as to whether or not an actual or potential conflict exists. If the investigation determines a
conflict exists, it shall be presumed that the continuation of the practice would be inj urious to the
effectiveness of the official or employee in carrying out his/her duties and responsibilities.
For the purposes of this Policy, the term “official” shall include all elected and appointed officials of
the City including, but not limited to, the City Council and the members of the Boards and
Commissions established by City Ordinance. “Employee” shall include any individual employed by
the City on a full or part-time basis.
No elected official shall require, either directly or indirectly, any employees of the City to campaign
on his/her behalf as a condition of employment. No employees shall use City time or resources in
promoting or advocating the election of any individual.
Nothing in this Policy is intended to violate, supersede, or conflict with any applicable state or federal
law regarding conflicts of interest in public employment or disclosure requirements.
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Confidential Information
The protection of confidential business information is vital to the interests and success of the City of
Stillwater. Confidential information is any and all information disclosed to or known by you because
of employment with the City that is not generally known to people outside the City about its
business.
An employee who improperly uses or discloses confide ntial business information will be subject to
disciplinary action up to and including termination of employment and legal action, even if he or she
does not actually benefit from the disclosed information.
All inquiries from the media must be referred to the city administrator.
This provision is not intended to, and should not be interpreted to, prohibit employees from
discussing wages and other terms and conditions of employment if they so choose, or to contravene
the provisions of the Minnesota Data Practices Act regarding access to and classification of City
information.
Recruitment and Selection (Section 4)
Scope
The City utilizes an applicant tracking software system that provides a review and approval process
by the Department Head, Human Resources, Finance Director and City Administrator prior to hiring
for all vacant, new, seasonal, temporary and part-time positions that have been approved in the
final adopted City budget.
Vacant, new, seasonal, temporary and part-time positions are presented to the City Council in the
annual budget discussions. Vacant, new, seasonal, temporary and part-time positions are approved
and funded by the City Council in the adopted City budget. Requests to hire employees for vacant,
new, seasonal, temporary and part-time positions that have been approved in the adopted City
budget require review and approval through the City applicant tracking software system prior to
filling the position. Any new positions created outside of the annual budget process will be
presented to the City Council for approval.
The City’s policy objective is to employ individuals who are qualified for specific work by such job -
related standards as experience, demonstrated attitude and skill, education, training, overall ability
and other relevant considerations. Selection for a position with the City shall not be construed to
be a property right of the employee. All employees are selected by and serve at the sole discretion
of the City Council or City Administrator. The City has the right to make the final hiring decision
based on qualifications, abilities, experience and the City of Stillwater needs.
Pre-employment Medical Exams
The city administrator or designee may determine that a pre-employment medical examination,
which may include a psychological evaluation, is necessary to determine fitness to perform the
essential functions of any city position. Where a medical examination is required, an offer of
employment is contingent upon successful completion of the medical exam.
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When a pre-employment medical exam is required, it will be required of all candidates who are
finalists and/or who are offered employment for a given job class. Information obtained from the
medical exam will be treated as confidential medical records.
When required, the medical exam will be conducted by a licensed physician designated by the city
with the cost of the exam paid by the city (Psychological/psychiatric exams will be conducted by a
licensed psychologist or psychiatrist). The physician will notify the city administrator or designee
that a candidate either is or is not medically able to perform the essential functions of the job, with
or without accommodations, and whether the candidate passed a drug test, if applicable. If the
candidate requires accommodation to perform one or more of the essential functions of the job,
the city administrator or designee will confer with the physician and candidate regarding reasonable
and acceptable accommodations. If a candidate is rejected for employment based on the result s of
the medical exam, he/she will be notified of this determination.
Background Checks
All finalists for employment with the city will be subject to a background check to confirm
information submitted as part of application materials and to assist in det ermining the candidate’s
suitability for the position. Except where already defined by state law, the city administrator will
determine the level of background check to be conducted based on the position being filled.
Introductory Period
The City of Stillwater regards the Introduction Period as an integral part of the employment process.
During this period new employees are closely evaluated for the purpose of closely observing the
employee’s work and for training the employee in work expectations.
The first twelve (12) months of employment is an introductory period. Employees transferred,
promoted, rehired or reclassified to new positions in the City are also required to successfully
complete a twelve (12) month introductory period.
If an employee transferred, promoted or reclassified into a new position and is found to be unsuited
for that position, the City, in its sole discretion, may reinstate the employee to his/her former
position and former rate of pay if the City determines that such reinstatement is possible.
Reinstatement is not guaranteed.
An introductory period may be extended if deemed necessary by the City.
Employment Relationship (Section 5)
Classification and Compensation Plan
The purpose of the Classification and Compensation plan shall be to:
A. Establish reasonable compensation relationships between job classifications
B. Establish qualification standards for recruitment and testing purposes
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C. Provide the appointing authority with means of analyzing work distribution, areas of
responsibility, lines of authority and other relationships between positions
D. Assist the appointment authority in determining budget requirements
E. Provide the basis for developing standards of work performance
F. Establish lines of promotion
G. Indicate training needs
H. Provide uniform titles to positions
I. Comply with the Minnesota Pay Equity Act
Employees will be compensated according to negotiated labor agreements and the Classification
and Compensation Plan established by the City Administrator and approved by the City Council . The
City Administrator must develop and maintain a Classification and Compensation plan based on
equitable compensation relationships for all positions in accordance with federal and state laws.
This plan is reviewed periodically to ensure that responsibility levels and salaries are commensurate
with the work performed. Wages are paid according to the wage schedules established by the City
Administrator and approved by the City Council.
Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person
the amount of their own wages. While the Minnesota Government Data Practices Act (Minn. Stat.
13.43), specifically lists an employee’s actual gross salary and salary range as public personnel data,
Minnesota law also requires wage disclosure protection rights and remedies to be included in
employer personnel handbooks. To that end, and in accordance with Minn. Stat. 181.172,
employers may not:
Require nondisclosure by an employee of his or her wages as a condition of employ ment
Require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee’s wages
Take any adverse employment action against an employee for disclosing the empl oyee’s
own wages or discussing another employee’s wages which have been disclosed voluntarily
Retaliate against an employee for asserting rights or remedies under Minn. Stat. 181.172,
subd. 3
The city cannot retaliate against an employee for disclosing his/her own wages. An employee’s
remedies under the Wage Disclosure Protection Law are to bring a civil action against the city
and/or file a complaint with the Minnesota Department of Labor and Industry at 651-284-5070 or
800-342-5354.
Employment of Relatives and Domestic Partners
The City of Stillwater does not restrict employment of more than one member of a family or persons
related by blood or marriage. However, to avoid conflict of interest, the following shall apply:
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A. No City employee may be hired, transferred, or otherwise placed in the s ame department as
his/her spouse, family member, relative or domestic partner.
B. No City employee shall take part in decisions to hire, retain, promote or consider other
employment actions concerning his/her spouse, family member, relative or domestic
partner.
C. No City employee is to be assigned responsibility for supervising, directing or auditing the
work or performance of his/her spouse, family member, relative or domestic partner.
D. Provision A, above, shall not apply to the hiring of part -time, on-call fire department and
temporary, seasonal employees.
For the purpose of this section, the terms “family member or relative” shall mean spouse, parent,
child (by birth, adoption or legal guardian), brother, sister, grandparent, parent-in-law, daughter-in-
law, son-in-law, brother-in-law, sister-in-law, uncle, aunt, nephew and niece.
Work Schedule and Hours of Work
Employee work schedules will be established by the City Administrator, or designee, for the efficient
conduct of City business. The regular workweek for employees is five eight (8) – hour days in
addition to a lunch period, Monday through Friday, except as otherwise approved by the City
Administrator, or designee, in accordance with the customs and needs of the individual
departments.
Meals and Rest Breaks
In accordance with Minnesota Statutes, Chapter 177, for each consecutive four (4) hours of work,
employees shall be granted a paid rest break not to exceed fifteen (15) minutes away from job
duties. Employees working eight (8) or more consecutive hours shall be permitted a one-half hour
(30 minute) meal break. Meal periods, unless required by law, are not paid; not included in
computation of overtimes; nor included in the computation of a normal work shift or payroll period.
In order to provide for continuity in City operations, the timing of these breaks is subject to the
approval of the supervisor in charge.
Timekeeping
It is the employee’s responsibility to ensure that an accurately completed and signed timesheet is
submitted to the Department head or Supervisor immediately after the end of the designated pay
period or after the last shift worked in a pay period. False information reported on a timesheet may
be cause for immediate termination.
Exempt status employees are required to use paid leave when on personal business or away from
the office for four (4) hours or more, on a given day. Absences of less than four (4) hours do not
require use of paid leave as it is presumed that the staff member regularly puts in work hours above
and beyond the normal 8 AM to 4:30 PM Monday through Friday requirement. Exempt employees
must communicate their absence to their supervisor, City Administrator or his/her designee.
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If one of the above employees is regularly absent from work under this policy and it is found that
there is excessive time away from work that is not justified, the situation will be handled as a
performance issue.
Department Heads and Supervisors submit properly authorized timesheets to the Finance
Department in accordance with the payroll schedule.
Failure to submit a timesheet in a timely manner will result in a delay in pay for the employee.
Overtime
When there is a conflict between this policy and an agreement with an employee union, the labor
agreement shall take precedence. However, where the union agreement does not address a
specific practice or issue, this policy shall apply.
All employees in all departments may be required to work overtime as requested by their
supervisor. Refusal to work overtime may result in disciplinary action. Supervisors will make
reasonable efforts to balance the personal needs of employees when assigning overtime work. All
overtime must be authorized in advance by the employee’s supervisor. An employee who works
overtime without prior approval may be subject to disciplinary action.
The City’s overtime policy complies with applicable state and federal laws governing accrual and use
of overtime. Only employees to whom the overtime provisions of the state and/or Federal Fair
Labor Standards Act (FLSA) apply are required to be compensated for overtime work. All overtime
eligible employees will be compensated at the rate of one and one-half times their base hourly rate
for hours worked over 40 in one workweek (except for certain public safety employees working an
extended workweek). For the purpose of computing overtime compensation, overtime hours
worked shall not be pyramided, compounded or paid twice for the same hours worked.
Overtime earned will be paid on the next regularly scheduled payroll date, unless the employee and
the department head mutually agree in advance that the overtime will be banked as compensatory
time in lieu of payment. Employees may request and use compensatory time off at the mutual
convenience of both the employee and the employer. All compensatory time shall be marked as
such on official timesheets, both when it is earned and when it is taken. The Finance Department
maintains compensatory time records.
No more than forty (40) hours of compensatory time may be carried at any time for employees that
regularly work a 40-hour work week. No more than seventy-two (72) hours of compensatory time
may be carried at any time for Firefighters that work 24 -hour shifts. Employees with more than
forty (40) hours of compensatory time or seventy-two (72) hours of compensatory time for
Firefighters that work 24-hour shifts will be paid for any accrued hours over forty (40) or seventy-
two (72) respectively. The compensatory time balance will be paid when the employee leaves city
employment at the rate the employee is earning at the time of termination. Compensatory time
must be used in minimum increments of 15 minutes.
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Employees who are exempt from the overtime requirements of the state and federal Fair Labor
Standards Act are expected to work whatever hours are necessary in order to meet the
performance expectations outline by their supervisor or the city administrator.
Deductions from Pay/Safe Harbor Exempt Employees
Employees classified as exempt are paid on a salary basis. This means they receive a predetermined
amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the
quality or quantity of work performed, and they receive their full weekly salary for any week in
which any work is performed.
The City of Stillwater will only make deductions from the weekly salary of an exempt employee in
the following situations:
The employee is in a position that does not earn vacation or personal leave and is absent for
a day or more for personal reasons other than sickness or accident.
The employee is in a position that earns sick leave, receives a short-term disability benefit or
workers’ compensation wage loss benefits, and is absent for a full day due to sickness or
disability, but he/she is either not yet qualified to use the paid leave or he/she has
exhausted all of his/her paid leave.
The employee is absent for a full workweek and, for whatever reason, the absence is not
charged to paid leave (for example, a situation where the employee has exhausted all of
this/her paid leave or a situation where the employee does not earn paid leave).
The very first workweek or the very last workweek of employment with the city in which the
employee does not work a full week. In this case, the city will prorate the employee’s salary
based on the time actually worked.
The employee is in a position that earns paid leave and is absent for a partial day due to
personal reasons, illness or injury, but:
o Paid leave has not been requested or has been denied
o Paid leave is exhausted
o The employee has specifically requested unpaid leave
The employee is suspended without pay for a full day or more for disciplinary reasons for
violations of any written policy that is applied to all employees.
The employee takes unpaid leave under the FMLA.
The City of Stillwater may, for budgetary reasons, implement a voluntary or involuntary
unpaid leave program and, under this program, make deductions from the weekly salary of
an exempt employee. In this case, the employee will be treated as n onexempt for any
workweek in which the budget-related deductions are made.
Wages
The City of Stillwater’s pay period for all employees is biweekly. If pay day falls on a federal holiday,
employees will receive their paycheck on the preceding workday. Payroll earnings are directly deposited into
specific accounts as designated by the employee, per Minnesota statute 177.23 Subd. 4. This includes all
types of payroll payments (regular pay, holiday pay, etc.).
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Separation from Employment
Resignation
Employees wishing to leave employment with the City in good standing and be eligible for rehire shall submit
a written resignation to their supervisor at least ten (10) working days prior to their anticipated separation
date. In most cases, Human Resources shall conduct exit interviews with all employees. Prior to an
employee’s separation date, all equipment, supplies and keys shall be accounted for. Employees in good
standing who resign from employment with the City after giving proper written notice shall be compensated
for accrued but unused vacation time as of the date of separation. The City shall retain discretion to either
shorten the notice period or relive the employee of duties during the notice period.
Layoff
The City shall have the authority to lay off any employee when such action becomes necessary as determined
in the City’s sole discretion. Employees shall receive not less than twenty (20) working days written notice
prior to lay off.
Retirement
The city participates in the Public Employees Retirement Association (PERA) to provide pension benefits for
its eligible employees to help plan for a successful and secure retirement. Participation in PERA is mandatory
for most employees; and contributions into PERA begin immediately. The city and the employee contribute
to PERA each pay period as determined by state law. Most employees are also required to contribute a
portion of each pay check for Social Security and Medicare (the city matches the employee’s Social Security
and Medicare withholding for many employees).
For additional information on PERA, contact Human Resources.
Severance Pay
Employees with a minimum of ten (10) years of service in a full time or part-time position, who
retire and are eligible to receive PERA retirement benefits shall receive a pay out of one-half of their
unused sick leave account balance, up to a maximum of eight hundred (800) hours pay.
In the event of an employee’s death while still employed by the City, the surviving spouse, or if no
surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount,
as stated above, as though such employee had retired, provided that the employee had a minimum
of ten (10) years of service in a full time or part-time position, and was a participant in the PERA
pension program. A minor child is a child under 18 years of age.
Full time employees of the police department that retire after twenty (20) years of continuous
service as a fully commissioned police officer will receive their service weapo n at retirement,
provided that the weapon was the original weapon issued at the time of hire and is no longer in
active use by the department.
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Training and Development
The City is committed to a program of staff development based on a goal of creating a c limate of
and opportunities for employee growth which will benefit the organization and the individual. The
City will provide staff members with internal and external opportunities for job and career
development through: training sessions which are pertinent to the jobs of the employees and the
needs of the City sponsored by federal and state agencies; educational or study leaves, conferences,
seminars and classes offered by other agencies. Employer-required education and training may
occur during scheduled working hours and such employee time will be paid by the employer. With
concurrence from their supervisor, employees may participate in training and development
opportunities.
Workplace Safety (Section 6)
Emergency Closings
The purpose of this policy is to provide a plan for employees in the event of an emergency closing due to
inclement weather or other emergency situation.
As a general practice, the City of Stillwater makes every effort to maintain its normal schedule of operations.
The City will close all or part of its operations only in cases of extreme emergency caused by impassible
roads, restricted visibility, violent weather, energy loss, or other conditions seriously endangering the health
and safety of employees and the general public.
Reporting to work:
Each employee accepts the responsibility for reporting to work at the regularly scheduled time,
regardless of prevailing weather conditions.
Employees not reporting to work will not be paid, however, such employees may use accrued
vacation or compensatory time to minimize or avoid a loss of wages as a result of absence.
Employees may not use sick leave to avoid a loss of wages.
Responsibility for the Decision to Close:
In the event that the City of Stillwater is forced to close, or delay the opening, the decision will be
made by the City Administrator or designee.
Official Announcement:
When the City Administrator determines that it is necessary to close or delay the opening of various
operations, the close or starting time will be communicated to department heads and the following
media outlets: City of Stillwater Homepage, City of Stillwater Facebook, radio WDGY, and Twin Cities
Media channels ABC, CBS, NBC and Fox.
Delayed Starting Time:
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In the event that the City Administrator announces a delayed opening of various operations, all
employees that report to work at their normal starting time or before the delayed starting time will
be paid for the full day.
In the event that the City Administrator closes City operations, employees will be paid for that day
unless they had a scheduled vacation day.
Drug Testing
POLICY STATEMENT
The policy of the City is to provide a drug and alcohol-free work environment. The City recognizes drugs and
alcohol as potential health, safety, and security problems. The City's goal is to establish and maintain a
healthy and efficient workforce, free from the effects of drugs and alcohol in compliance with the
requirements of applicable laws.
Employees are required to report for work on time and in appropriate mental and physical condition.
Employees are strictly prohibited from using, being under the influence of, possessing, selling, or transferring
illegal drugs, alcoholic beverages and other prohibited controlled substances while on duty or on-call for duty
while, on City-owned or City-leased premises, or while operating City vehicles, machinery, or equipment.
Possession does not include the confiscation of drugs or drug paraphernalia by a police officer(s). Confiscated
drugs and/or drug paraphernalia must be secured in the Police Department evidence room as soon as
possible or secured as stated in department policy until access to the evidence room can be gained. "Drugs"
include, but are not limited to: marijuana, cocaine, opiates, PCP, and amphetamines.
An employee may use a drug as administered by a physician who has informed the employee that the drug
will not impair the employee's ability to safely operate City vehicles, machinery, or equipment. Any employee
found in violation of this policy will be subject to the disciplinary provisions of this policy and the City and any
other applicable provisions of state or federal law.
Off-Duty Limits
Depending on the circumstances and the employee's job, off-duty drug, alcohol, or other prohibited
controlled substance use may subject the employee to discipline. Off-duty employees may use or possess
alcohol on City premises (e.g. parks) when said use and possession is not prohibited to members of the
general public or a permit has been obtained for such use.
Violations
Violations of this policy will result in disciplinary action, up to and including termination, and may have legal
consequences.
Convictions
As a condition of employment, every employee of the City must abide by the terms of this policy and must
report, in writing, any instance of the employee's own conviction under a criminal controlled substance
statute.
An employee convicted of a criminal controlled substance offense committed in the course of employment
will be subject to appropriate disciplinary action and/or required to successfully complete an appropriate
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rehabilitation program at the employee's own expense, unless provided to the employee through insurance
coverage or the Employee Assistance Program. The City, in its sole discretion, shall determine appropriate
disciplinary action.
Savings Clause
This policy does not replace or supersede the City of Stillwater's current Federal Omnibus Transportation
Testing Act Policy. Rather, this policy builds upon the Federal Omnibus Transportation Testing Act Policy to
clarify the City's Drug and Alcohol testing policy as it relates to all employees. Nothing in this policy is
intended to conflict or supersede with Federal or State laws.
Should any article, section or portion thereof of this Policy be held unlawful and unenforceable by any court
of competent jurisdiction, such decision of the court shall apply only to the specified article, section or
portion thereof directly specified in the decision.
DRUG AND ALCOHOL TESTING
Purpose
The purpose of this policy is to provide for the testing of employees and job applicants in conformance with
the requirements of Minnesota Statute 181.950 — 181.957.
Scope
This policy applies to all employees of the City and all job applicants who have received a contingent offer of
employment by the City.
DEFINITIONS
For the purposes of this Policy, the following definitions will apply:
Accident
A fatality; or
Receipt of a citation under State or local law for a moving traffic violation resulting from an accident;
or
Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away
from the scene of the accident; or
One or more motor vehicles incurring disabling damage as a result of the accident, requiring the
vehicle to be transported away from the scene by a tow truck or other vehicle.
Alcohol
Ethyl alcohol.
City
The City of Stillwater.
Confirmatory Test
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A second testing of the original test sample when the initial test produces a positive test result, using
a method of analysis allowed under one of the programs listed in MN Statute 181.953, Subd. 1
Confirmatory Retest
A third testing of the original test sample when the confirmatory test produces a positive test result,
using a method of analysis allowed under one of the programs listed in MN Statute section 181.953,
Subd. 1.
A confirmatory retest is done at the request and expense of the employee.
Conviction
A finding of guilty (including a plea of "nolo contendere," no contest) or imposition of sentence, or
both, by any judicial body charged with the responsibility to determine violations of State or Federal
criminal drug laws.
Drug
A controlled substance as defined in MN Statute 152.01, Subd. 4 and/or if required by law, the
Federal Drug-Free Workplace Act of 1988.
Drug and Alcohol Testing, Drug or Alcohol Testing, Drug or Alcohol Test
Analysis of a body component sample according to the standards established under one of the
programs listed in MN Statute section 181.953, Subd. I for the purpose of measuring the presence or
absence of drugs, alcohol, or their metabolites in the sample tested.
Drug Paraphernalia
An item or items described in MN Statute 152.01, Subd. 18.
Employee
A person defined as an employee of the City under the State of Minnesota Public Employment Labor
Relations Act in Section 179A.03, Subd. 14.
Employer
The City of Stillwater, acting through its designee(s) of the City Council.
Initial Screening Test
A drug or alcohol test which uses a method of analysis under one of the programs listed in MN
Statute section 181.953, Subd. 1 and which is capable of detecting the presumptive presence of a
drug, drug metabolite, or alcohol in the sample.
Job Applicant
A person, independent contractor, or person working for an independent contractor who applies to
become an employee of the City. This also includes a person who has received a job offer made
contingent on passing a drug or alcohol test.
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Premises
All property and locations in which the City is operating or has established a presence.
Positive Test Result
A finding of the presence of drugs or other metabolites in the sample tested with levels at or above
the threshold detection levels contained in the standards of one of the programs listed in MN Statute
section 181.953, Subd. 1, Minimum threshold detection levels are subject to change as determined in
the City’s sole discretion.
Reasonable Suspicion
A basis for forming a belief based on specific facts and observations and rational inferences drawn
from those facts, including but not limited to: appearance, behavior, speech, or body odors.
CIRCUMSTANCES UNDER WHICH TESTING MAY OCCUR
Job Applicant
The City will make all offers of employment conditional upon the passing of a drug and alcohol test. The test
will be conducted and the results obtained prior to commencing employment in the position.
Reasonable Suspicion Testing
The City will require an employee to undergo drug testing if the City has reasonable cause to believe that:
The employee is under the influence of drugs; or
The employee has violated provisions of the City's policy regarding the use, possession, sale, or transfer of
drugs while the employee is working, or on City premises, or operating City vehicles or equipment; or
The employee has sustained a personal injury or has caused another employee to be injured to the extent it
requires emergency medical attention; or
The employee caused or has been involved in a work-related accident, as defined above.
Routine Exams
Drug testing will be required as part of any physical exam required of an employee. The employee will be
given at least two (2) weeks written notice that such testing may be required.
Treatment Program Testing
The City may test any employee referred by the City for chemical dependency treatment or evaluation at any
time and without prior notice during the period of treatment or evaluation and for up to two (2) years
following completion of any prescribed chemical dependency treatment or evaluation program in accordance
with MN Statute 181.951, Subd. 6.
PROCEDURES FOR REASONABLE SUSPICION TESTING
Observation and Reporting
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Any person that has reasonable suspicion to believe that an employee has violated the provisions of this
policy just before, during, or just after the employee's regular work day, shall immediately report the
observation to the employee's supervisor.
The supervisor along with another supervisory employee of the City, shall observe the employee and
determine whether or not the employee's conduct is reasonably suspicious. In either instance, both
supervisors shall document their findings and any reports received from any other persons.
Testing
If the supervisor has determined that the employee's conduct is reasonably suspicious and warrants a drug
and alcohol test under this policy, the supervisor shall address the employee only in the presence of another
supervisory employee of the City.
The supervisor or their designee shall drive the employee to the testing facility and wait while the employee
provides a sample for testing. Upon completion, the supervisor or designee shall drive the employee to
his/her residence.
Designation of Leave
All employees, upon providing a sample for testing under reasonable suspicion, shall be placed on paid leave
until the City has received the test results and appropriate action can be taken.
RIGHTS OF EMPLOYEES AND JOB APPLICANTS PRIOR TO TESTING
Right of Refusal; Consequences Job Applicant
Job applicants may refuse to undergo drug and alcohol testing. However, any job applicant who refuses to
undergo drug or alcohol testing required or requested by the City shall be deemed to have withdrawn their
application for consideration of employment and the conditional offer of employment shall be withdrawn.
Employees
Any employee may refuse to undergo testing. However, if an employee refuses to undergo drug and alcohol
testing carried out in conjunction with this Policy, the employee may be subject to discipline including, but
not limited to immediate discharge.
Appeal Procedure
Employees should refer to their applicable Collective Bargaining Agreement or to the City's Policy Manual for
appeal procedures.
Opportunity to Explain
Upon a positive confirmatory test result, an employee or a job applicant will be given the opportunity to submit
to the City any information to explain the positive confirmatory test result.
Confirmatory Retest
An employee or job applicant may request a confirmatory retest of the original sample, at the expense of the
employee or job applicant.
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TAMPERING WITH DRUG AND ALCOHOL TEST SAMPLES
If an employee tampers with their own, or someone else's, urine or blood sample, or in any way causes a
sample to be invalid, the employee shall be subject to discipline including, but not limited to discharge.
FIRST FAILURE TO PASS DRUG AND ALCOHOL TESTING
Without evidence of any other misconduct, any employee who has a positive Test Result for the first time on
a Confirmatory Test will not be subject to discipline, including but not limited to discharge, unless the
following conditions have been met:
The City has first given the employee an opportunity to participate in, at the employee's own expense or
pursuant to the terms of the coverage under an employee benefit plan, either a drug and/or alcohol
counseling or rehabilitation program, whichever is more appropriate, as determined by the City after
consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of
chemical dependency; and
The employee has either refused to participate in such a program or has failed to successfully complete the
program within a reasonable time as evidenced by withdrawal or a positive Test Result on a Confirmatory
Test after completion of the program.
PERSONNEL ACTION AND DISCIPLINE BASED ON TEST RESULTS
Positive Initial Test Result
Applicant
The City will not withdraw a conditional offer of employment on the sole basis of a positive test result on a
job applicant's Initial Screening Test. An Initial Screening Test must be verified by a Confirmatory Test (and a
Confirmatory Retest, if requested by and at the expense of the applicant) before a conditional offer of
employment can be withdrawn.
A job applicant who receives a positive test result of a Confirmatory Test, fails or refuses a Confirmatory Test,
or does not request in writing a Confirmatory Retest within five (5) working days after notice of a positive
test result of a Confirmatory Test, may be refused employment and will be notified of the reasons for such
refusal.
Employee
The City will not discharge, discipline, discriminate against, or require rehabilitation of an employee on the
sole basis of a positive Initial Screening Test that has not been verified by a Confirmatory Test. However, the
City may temporarily suspend a tested employee whose test results are positive or transfer the employee to
another position at the same rate of pay, pending the outcome of a Confirmatory Test (and a Confirmatory
Retest, if requested by and at the expense of the employee) if the City believes it is necessary to protect the
health and safety of the employee, co-workers, or the public.
An employee who refuses a Confirmatory Test is subject to disciplinary action, including but not limited to
discharge, subject to the provisions of this policy.
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An employee who is suspended without pay will be reinstated with back pay if the outcome of the
Confirmatory Retest is not positive. Requests for a Confirmatory Retest must be made in writing within five
(5) working days of the employee's receipt of notice of the test results.
An employee who receives a positive test result on a Confirmatory Test and does not request in writing a
Confirmatory Retest within five (5) working days after notice of positive Confirmatory Test results, may be
subject to discipline including, but not limited to discharge subject to the provisions of this policy.
Positive Confirmatory Test Result
Applicant
If a job applicant receives a positive Confirmatory Test result and does not request in writing a Confirmatory
Retest within five (5) working days after notice of a positive test result of a Confirmatory Test, the City shall
withdraw the conditional offer of employment. If the offer is withdrawn, the City will provide the applicant
with the reason.
Employee
If the employee receives a positive Confirmatory Test result and does not request in writing a Confirmatory
Retest within five (5) working days after notice of a positive test result of a Confirmatory Test, an employee
may be discharged provided the criteria under "First Failure to Pass Drug and Alcohol Testing" has been met.
The City will provide the employee with the reason for discharge.
If the City believes it necessary to protect the safety of the employee, other employees, or the public, the City
may temporarily suspend or transfer the employee pending the outcome of the Confirmatory Retest, if
requested by and at the expense of the employee.
RIGHTS OF AN EMPLOYEE OR JOB APPLICANT AFTER POSITIVE CONFIRMATORY TEST RESULTS
An employee or job applicant who receives a positive test result on a Confirmatory Test has the right to
receive a copy of the test result report.
Within three (3) working days of notice of the positive Confirmatory Test result, the employee or job
applicant has the right to submit to the City any additional information to explain this result or; within five (5)
working days, to notify the City in writing of the employee's intention to obtain a Confirmatory Retest of the
original sample, at the employee's or job applicant's own expense.
Within three (3) working days after receipt of the notice, the City will notify the original testing laboratory
that the job applicant or employee has requested the laboratory to conduct the Confirmatory Retest or
transfer the sample to another qualified laboratory licensed to conduct the Confirmatory Retest. The original
testing laboratory will ensure the control and custody procedures are followed during transfer of the sample
to the other laboratory. In accordance with MN Statute 181.953, Subd. 3, the laboratory is required to
maintain all samples testing positive for a period of six months. The Confirmatory Retest will use the same
controlled substance and/or alcohol threshold detection levels as used in the original Confirmatory Test.
In the case of job applicants, if the Confirmatory Retest does not confirm the original positive test result, the
City’s job offer will be reinstated and the City will reimburse the job applicant for the actual cost of the
Confirmatory Retest. In the case of employees, if the Confirmatory Retest does not confirm the original
positive test result, no adverse personnel action based on the original Confirmatory Test will be taken against
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the employee, the employee will be reinstated with any lost wages or salary for time lost pending the
outcome of the Confirmatory Retest result, and the City will reimburse the employee for the actual cost of
the Confirmatory Retest.
CRITERIA FOR SELECTING TESTING LABORATORIES
The City shall use the services of a testing laboratory that meets one of the criteria for drug and/or alcohol
testing as set forth in MN Statute 181.953, Subd. 1.
CONFIDENTIALITY
All test results are strictly confidential, and the City will not disclose test information to anyone unless
required to do so by law or unless the employee or applicant provides written consent.
OVER-THE-COUNTER OR PRESCRIBED MEDICATION NOTIFICATION
Employees must report their use of over-the-counter or prescribed medications to their respective
Department Head if the use might impair their ability to perform their job safely and effectively. The City
Administrator and Department Head will then determine whether the employee should be able to perform
the essential functions of the job safely and properly.
EMPLOYEE ASSISTANCE
Employees who are experiencing work-related or personal problems resulting from drug, narcotic, or alcohol
abuse or dependency may request, or be required to seek, counseling. Participation in counseling, including
the City-sponsored employee assistance program is confidential. Job performance, not the fact that an
employee seeks counseling, is to be the basis of all performance appraisals.
TREATMENT
Any employee who is abusing drugs or alcohol may be granted a leave of absence to undertake rehabilitation
treatment. The employee will not be permitted to return to work until certification is presented to the
Department Head/City Administrator by a treatment official or physician that the employee is capable of
performing his/her job. Failure to cooperate with an agreed-upon treatment plan may result in discipline, up
to and including termination.
RETURN TO DUTY
Any employee, who has a positive drug and/or alcohol test result, must submit to a test and have a negative
test result prior to returning to duty.
EMPLOYEE COMPENSATION
An employee shall be compensated for all time spent providing a sample, including travel time to and from
collection site, in order to comply with reasonable suspicion, post-accident or follow-up testing.
An employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an
employee on the basis of medical history information revealed to the employer by the employee in
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anticipation of or as explanation of a drug test, unless the employee was under an affirmative duty to provide
the information before, upon, or after hire.
An employee must be given access to information in the employee's personnel file relating to positive test
result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn
from and actions taken based on the reports or other acquired information.
Nothing contained in this policy is intended to create a contract between the City and any of its employees.
This policy may be revised at any time, as the City deems appropriate.
Workplace Violence Prevention
The City of Stillwater seeks to provide a safe and secure workplace environment for employees, volunteers,
vendors, and citizens. Violence or the threat of violence has no place in any City of Stillwater facility.
This Policy addresses the City’s commitment to preventing the potential for violence in and around the
workplace and to fostering a work environment of respect and healthy conflict resolution.
Many City employees may be exposed to violence by the nature of their jobs. Violence or the threat of
violence, by or against any City employee or other person while at a City of Stillwater workplace is unacceptable
and may subject the individual to serious disciplinary action and/or criminal charges.
The City of Stillwater will take every reasonable action to protect the life, safety and health of employees and
will provide as rapid and coordinated a response as possible to violence or threats of violence at any worksite.
Possession, use, or threat of use, of an object which could be considered a dangerous weapon, including all
firearms, is not permitted at the workplace, or on City property, including City vehicles and personal vehicles
used for City business, unless such possession or use is an approved requirement of the job. This includes
employees with valid permits to carry firearms.
The following exceptions to the dangerous weapons prohibition are as follows:
Employees legally in possession of a firearm for which the employee holds a valid permit, if
required, and said firearm is secured within an attended personal vehicle or concealed from
view within a locked unattended personal vehicle while that person is working on City
property.
A person who is showing or transferring the weapon or firearm to a police officer as part of an
investigation.
Police officers and employees who are in possession of a weapon or firearm in the scope of
their official duties.
Commitment to Safety
The personal safety and health of each employee of the City of Stillwater and the prevention of
occupationally induced injuries and illnesses is of primary importance. To the greatest degree possible, the
City seeks to maintain a safe and hazard-free work environment.
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As a condition of employment, employees are required to develop safe work habits and to contribute to the
safety of themselves as well as other employees.
To be successful, the City’s safety and health program must be the shared responsibility of all employees.
Employees are required to:
Immediately report to Supervisor all unsafe equipment, practices or procedures which pose a threat
to the safety of employees or others;
Cooperate with and assist in the investigation of accidents to identify the causes and to prevent
recurrence;
Be active in department safety programs;
Observe and promote safe work habits;
Report injuries to Supervisor immediately.
Safety/Injury Reporting
The City is committed to providing a safe and healthy working environment for all of its employees. It
recognizes that most health and safety hazards can be eliminated if proper precautions are taken. Therefore,
it is the Policy of the City to provide City employees with safe and healthful working conditions through the
following means:
Members from across city departments will serve as representatives on the City’s Safety and Loss Control
Committee. The Committee creates, maintains and recommends a safety program in compliance with all
applicable Federal, State and local laws.
The City reviews every occupational illness and injury, and every incident which results in damage to City
property and it takes action to ensure that unsafe work methods, unsafe work sites and unsafe equipment
are identified and made safe.
All employees are required to fully comply with the Safety Program.
Department Heads and other management and supervisory employees are responsible for implementing the
Safety Program by training their employees in safe work methods and by enforcing compliance with safety
standards.
Department Heads are responsible for providing all employees with safety equipment and safety clothing
acknowledged by the City as necessary to perform their duties in a safe manner.
Employees are required, as a condition of employment, to develop safe work habits and contribute in every
manner possible to the safety of themselves, their co-workers and the general public. To that end employees
are required to:
Read the safety information that is provided to them by their Supervisor.
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Immediately report to their Supervisor all accidents and injuries occurring within the course of their
employment. The Supervisor will submit a First Report of Injury and Supervisor’s report of Accident Form to
Human Resources within two (2) working days.
Immediately report to their Supervisor all unsafe practices or conditions observed.
An incident of death or dismemberment must be reported to the Human Resources and the City
Administrator’s office immediately.
Further details on this Policy and a summary of responsibilities and procedures are available from the Human
Resources Department.
Fitness for Duty
The City of Stillwater is committed to providing a safe and healthy environment for all employees, coworkers
and the public. In order to uphold this commitment, the City has set forth policy guidelines to insure that all
employees are medically, psychologically, physically and emotionally fit for duty.
DEFINITIONS:
Fitness for Duty: Physical and mental health status that facilitates the performance of essential job duties in
an effective manner and protects the health and safety of oneself, others and property.
Fitness for Duty Exam: Is an evaluation by a medical professional hired by the City of Stillwater to determine
if an employee is physically and mentally able to perform the essential functions of a position.
Independent Medical Exam (IME): Occurs when a doctor/physical therapist/chiropractor who has not
previously been involved in a person’s care examines an individual. There is not a doctor/therapist patient
relationship.
Functional Capacity Evaluation: Systematic method of measuring an individual’s ability to perform
meaningful tasks on a safe and dependable basis.
Maximum Medical Improvement: Is a treatment plateau in an individual’s healing process. A condition is at
maximum medical improvement if it is not believed that the condition will improve.
PROCEDURES:
The Department and/or Human Resources may require an employee to be examined under this policy in the
circumstances described below:
Triggering Events:
Manager/Supervisor observes or receives a reliable report of an employee’s possible lack of fitness
for duty. Observations may include, but are not limited to an employee’s self-report, manual
dexterity, coordination, alertness, speech, vision acuity, concentration, and response to criticism,
interactions with coworkers and supervisors, suicidal or threatening statements, change in personal
hygiene, presence of condition likely to lead to food borne disease transmission, memory and/or
odor of alcohol or marijuana.
Employee returning to work after a leave of absence from a serious illness, injury or medical
condition that is not covered by FMLA.
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Employee requests leave of absence from a serious illness, injury or medical condition.
Employee requests leave of absence on more than one occasion for same illness or injury.
Where an employee has been involved in a critical incident where the potential for physical or
psychological trauma to the employee was significant.
Reporting:
Where there exists a reasonable cause that an employee may not be physically, medically, psychologically or
emotionally fit to perform the essential functions of the position, the manager should:
Discuss concerns with the Human Resources Manager
Meet with the employee regarding the conduct, behavior or circumstances that give rise to the
concerns
Where appropriate, the manager and employee may also discuss reasonable accommodations that
may enable the employee to perform the essential functions of their position.
Fitness for Duty/Risk Evaluation Procedure:
Once a decision has been made to conduct a Fitness for Duty/Risk Evaluation, management shall use (a City
selected medical provider) to coordinate and obtain the evaluation. Human Resources and Management will
coordinate and provide the following information to the selected medical provider in advance of the referral:
Precipitating events
Documented performance and/or behavior concerns
Pending or previous disciplinary action
Employee’s job description and essential job functions
Human Resources/Management will communicate with the employee in person and shall provide the
employee a letter outlining:
Workplace concerns
Specific reason(s) for Fitness for Duty/Risk Evaluation and any other concerns that negatively impact
the workplace
Expectations for compliance in resolving the concern(s)
Consequences for failure to accept all conditions of the referral
FINDINGS/OUTCOMES
The evaluative summary findings will recommend one (1) of the following courses of action:
Fit to return to duty without specific recommendations. The evaluator has determined that the
employee is fit for duty and does not pose a hazard or risk to self or others. The evaluator has
determined the employee can do all essential functions of the position.
Not fit to return to duty until specific recommendations have been met. The evaluator has
determined that the employee is not fit for duty and may pose a hazard or risk to themselves or
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others. Management/HR shall consider the recommendations in the evaluative summary and shall
state the terms and conditions that must be met before the employee shall be allowed to return to
work.
Not fit to return to duty. Employee has reached maximum medical improvement and cannot
perform the essential duties of the position description.
Property Damage Reporting
An employee involved in an incident that results in damage to City property or any other property during the
course of conducting City business must submit a report of the incident to their supervisor within twenty-
four (24) hours of the occurrence.
Vehicle accidents also require a copy of the Minnesota Motor Vehicle Accident Report.
Workers’ Compensation
An employee who is temporarily unable to work due to an injury or illness sustained in the performance of
the employee’s work with the City may be eligible for Workers’ Compensation subject to the provisions of
the State of Minnesota Workers’ Compensation law.
An employee who becomes eligible to receive Workers’ Compensation will receive the total amount of the
Workers’ Compensation check and may receive the difference between their Workers’ Compensation
payment the employee’s regular gross salary through the use of accrued sick leave. The total of the Workers’
Compensation check and the accrued sick leave compensation may not exceed the employee’s normal gross
pay.
Workplace Guidelines (Section 7)
Attendance
All employees are expected to arrive on time, ready to work, every day they are scheduled to work.
If unable to arrive at work on time, or if an employee will be absent for an entire day, the employee must
contact the supervisor as soon as possible. Excessive absenteeism or tardiness will result in discipline up to
and including termination. Failure to show up or call in for a schedule shift without prior approval may result
in termination. If an employee fails to report to work or call in to inform the supervisor of the absence for
three (3) consecutive days or more, the employee will be considered to have voluntarily resigned
employment.
Job Performance (Performance Appraisal)
Communication between employees and supervisors or managers is very important. Discussions regarding
job performance are ongoing and often informal. Employees should initiate conversations with their
supervisors if they feel additional ongoing feedback is needed. Performance appraisals are an opportunity
for employee, supervisor and the City to assess an individual’s job performance. The performance appraisal
is designed to:
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A. Facilitate open, consistent and ongoing communication between employees at all levels, including
feedback from subordinates to supervisors
B. Clarify job performance and expectations for the coming year.
C. Assess roles and mutual expectations of supervisors and employees
D. Motivate and develop employees
Performance appraisals will be maintained in accordance with the City’s Records Retention schedule. The
schedule recommends personnel files, including performance evaluations, be retained until five (5) years
after termination or separation.
An employee’s immediate supervisor will conduct a performance appraisal on, at least, an annual basis. The
performance appraisal will be used for identifying areas of strength, and growth areas in an employee’s
performance, identifying the need for further training and development and as a factor in consideration of
personnel decisions such as performance pay increases and promotions. The performance appraisal will be
in writing and shall be signed by the employee and the supervisor.
In addition to annual performance appraisals, employees will be evaluated during and at the completion of
an introductory/training period or any time the employee’s supervisor or department head believes it is in
the best interest of the employee and/or the city to conduct an evaluation.
Outside Employment
The City of Stillwater does not restrict employees from engaging in outside employment. However, the
potential for conflicts of interest is lessened when individuals employed by the City regard the City as their
primary employment responsibility.
All outside employment is to be reported to the employee’s immediate supervisor, and the employee’s
supervisor or the City Administrator must approve the outside employment. A second job will not be
considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or
refusal to work overtime or different hours. If the outside employment is determined by the City
Administrator, or designee to interfere with the employee’s performance of duties with the City or to
represent a conflict of interest, the employee will be required to resign from the outside employment or may
be subject to discipline up to and including termination.
Personal Appearance
The City’s image is a direct result of the staff, both individually and collectively. Quality service, positive
attitude, good customer relations, and a professional appearance are key factors in creating and maintaining
a favorable image. Each employee represents the City in his or her daily contacts with residents, consultants,
and members of the community. The City of Stillwater provides a casual yet professional work environment
for its employees. Even though the dress code is casual, it is important to project a professional image to
visitors, coworkers, and the community. All employees are expected to use good judgment in choosing their
attire and in their grooming and personal hygiene.
Uniforms, which are provided to some City employees, are expected to be neat, fresh and clean when
reporting for the workday. Each department is responsible for ensuring it that employees follow regulations
regarding uniforms, related accessories, and equipment. Uniforms bearing a City identification patch or logo
should not be worn during off-duty hours.
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An identification badge showing the City of Stillwater with the employee’s name should be worn during the
work day and while conducting City business outside of typical work hours.
With the exception of employees required to wear a uniform or work in the field, employees are to choose
attire that is appropriate to their work environment.
Casual Day: Business casual wear (inclusive of appropriate blue jeans, casual tops, and casual shoes) may be
allowed on Friday or other designated days. Professional judgment should be followed. When business
needs of the day warrant it (e.g. meeting with clients, citizens, or outside business professionals),
business/professional attire is appropriate and required even if it is a designated casual day.
The City Administrator or designee has the authority to determine appropriate workplace attire and business
casual day(s). Management may make exceptions for special occasions. An employee unsure of what is
appropriate should check with his/her division head.
Employees who report to work in unacceptable dress, at the discretion of management, may be warned that
such clothing is not to be worn again and sent home to change in to acceptable clothing. The employee will
not receive paid hours during this time. Repeat offenders will be subject to the progressive discipline process
which may include suspension and/or termination.
Disciplinary Procedure
Employees are subject to discipline up to and including termination from employment, where their acts or
omissions adversely affect or may adversely affect their ability to perform their job or have an adverse
impact on other employees or the City. City employees will be subject to disciplinary action for failure to
fulfill their job duties and responsibilities at the level required, including observance of works and standards
of conduct and applicable city policies. The type of discipline imposed will be based upon the nature and
severity of the infraction and the conditions surrounding the incident.
The City may elect to use progressive discipline, a system of escalating responses intended to correct the
negative behavior rather than to punish the employee. There may be circumstances that warrant deviation
from the suggested order or where progressive discipline is not appropriate. The City retains the sole
discretion to determine what behavior warrants disciplinary action and what type of disciplinary action will
be imposed. Nothing in these policies implies that any city employee has a contractual right or guarantee
(also known as a property right) to the job he/she performs.
Disciplinary actions may be in one or more of the following forms:
Oral reprimand
Written reprimand
Suspension without pay
Demotion
Discharge
This policy is not to be construed as contractual terms and is intended to serve only as a guide for
employment discipline.
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Grievance Procedure
The City’s goal is to prevent the need for grievances and to deal promptly with those that do occur.
Employees covered by a labor agreement must follow the grievance procedure established by their
respective labor agreement.
Employees not covered by a collective bargaining agreement may utilize the following procedure if the
employee and the employee’s supervisor cannot resolve a problem regarding any dispute between an
employee and the city relative to the application, meaning or interpretation of these employment policies:
Step 1: If an employee and his/her immediate supervisor cannot resolve a problem informally, the
employee shall submit a complaint in writing to the immediate supervisor within ten (10) working days of the
date on which the alleged violation or dispute occurred, the facts on which it is based, the provision or
provisions of the policies allegedly violated and the remedy requested. The supervisor shall attempt to
resolve the matter and shall respond to the employee within five (5) working days.
Step 2: If the supervisor is unable to resolve the dispute, the written complaint may be brought by the
employee to the employee’s department head within five (5) working days of the supervisor’s answer. The
department head shall give a written answer to the employee within ten (10) working days after receipt of
the written complaint.
Step 3: If the department head is unable to resolve the dispute, the employee may appeal in writing to the
City Administrator. The written appeal must be presented to the City Administrator within five (5) working
days of the department head’s response. The City administrator’s decision shall be final.
If the employee does not present the dispute within the time limits, the dispute indicated above shall be
considered waived. If a dispute is not appealed to the next step within the time limit, it shall be considered
settled on the basis of the City’s last answer. If the City does not answer a written complaint or an appeal
thereof, within the specified time limits the employee may elect to treat the complaint as denied at that step
and may appeal the complaint to the next step.
Employees exercising their rights under this Policy shall be free from reprisal.
Keys and Security
Each new employee will receive a photo identification card (ID card) or key card to identify those who work
for the City and in City buildings. Employees and non-employees must review and sign the Identification/Key
Card policy acknowledgement form prior to receiving Identification or key cards. The identification or key
card must be carried at all times and be visibly displayed at waist height or above unless doing so risks
personal safety. Department heads may temporarily suspend the requirement for an employee to display
the ID or key card if there is a significant chance of loss due to the nature of the work performed.
The Information Systems office will create a key card for all regular employees of the City of Stillwater.
Employees will not give or lend their ID or key card to another individual. Any misuse, alteration or
fabrication of the card will subject the holder to disciplinary action by the City.
Employees are responsible for securing their workstations/work area at the end of each day, and to ensure
that the office, confidential files, etc., are properly secured. Employees entrusted with keys will be required
to turn them in before receiving their last paycheck.
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Social Media Acceptable Use
POLICY
The City of Stillwater will determine, at its discretion, how its web-based social media and online community
presence will be designed, implemented and managed as part of its overall communications and information
technology strategies and functions. City government social media and other web-based resources may be
modified or removed by the City at any time and without notice, as necessary to maintain the integrity of
both communications and information technology functions.
PURPOSE
It is the intent of the City of Stillwater to represent itself appropriately, consistently and positively on the
internet. Collaborative technologies are fundamentally changing how information is provided, received and
how the City can engage its citizens. To aid in meeting the goals of the City, the purpose of this policy is to
establish procedures for creating and maintaining a social media and online community presence which is in
accord with policies and directives established by City management. It also provides guidelines and standards
for individual employees regarding the use of social media for communication with citizens, colleagues and
the world at large.
The City’s official website, www.ci.stillwater.mn.us will remain the City’s primary online medium for
communicating with the public and should be referred to in any approved social media or online community
the City establishes.
SCOPE
This policy applies to any existing or proposed City social media web sites and City online community
accounts created by City employees during the course and scope of their employment.
DEFINITIONS
City Social Media – Those social media web sites established for the benefit of the City of Stillwater with
authority granted as outlined in this policy. Includes all employee social media accounts established at the
request of or with the approval of City management. City Social Media does not include employee’s personal
social media accounts.
Social Media Web Sites – Focus on creating and fostering online social communities for a specific purpose
and connect users from varying locations and interest areas.
Social Networking – Offer a way for registered users to communicate with each other on the internet,
usually offering many ways to connect to other registered users. These websites fall under four categories:
Conversation – blogs, message boards, twitter
Social Networking – Facebook, MySpace, LinkedIn
Content Sharing – YouTube, Flickr, Digg, Delicious
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Collaboration – Wikipedia, Micropublishing
These web sites can offer many different ways for users to interface such as instant messaging,
blogging and commenting, microblogging, status updates, online forums, web site link sharing,
video conferencing, sharing photos, videos, etc.
Microblogging (Twitter) – This is a form of blogging that allows registered users to post short updates (140
characters or less) about themselves and their activities.
GENERAL STANDARDS
The creation of any City social media websites or online community accounts must be approved prior to
creation by the City Administrator. If approved, City of Stillwater Information Systems staff must have
administrative privileges to the account.
The City of Stillwater social media web sites and online community accounts and their associated content
should focus on significant City interest areas and be organized in a manner that avoids duplication,
ambiguities and/or conflicting information.
SOCIAL MEDIA WEB SITE RESPONSIBILITY
It is the responsibility of the Department Head to ensure all City policies are followed when employees are
establishing a City of Stillwater social media site or interacting with social media sites in the course of the
employee’s scheduled work.
All postings to City of Stillwater social media sites may be subjected to review by the MIS Manager and/or the
City Administrator and may be deleted without notice.
Administration of all social media web sites and online community accounts must comply with applicable
laws, regulations and policies.
Separate City of Stillwater social media accounts must be created for any social media websites or online
community accounts. A standard user account should be used. Each user should start with the name
Stillwater and end with the name of the department. For example, Stillwater Police would be the account for
the Police Department. City social media accounts accessed and utilized during the course and scope of an
employee’s performance of his/her job duties may not be used for private or personal purposes or for the
purpose of expressing private or personal views on personal, political or policy issues or to express personal
views or concerns pertaining to City employment relations matters.
Department Heads are responsible for assigning one employee to manage the social media accounts and will
have direct responsibility for content posted on that site. Other than the Department Head and one assigned
employee, no other employees will be allowed to post content to City of Stillwater social media sites.
City of Stillwater social media and online community web site accounts are considered a City asset and logins
to these accounts must be securely administered in accordance with City computer security policies. The MIS
Manager must be set up as an administrator on all City web site accounts. The City reserves the right to shut
down any of its social media sites or accounts for any reason without notice.
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A social media web site and online community accounts shall not be used by the City or any City employee or
representative to disclose sensitive and/or confidential information without the prior written approval of the
City Administrator.
All social media web sites and online community accounts created and utilized during the course and scope
of an employee’s performance of his/her job duties will be identified as belonging to the City of Stillwater,
including the City logo, as well as a link to the City’s official web site.
All social media web sites will be created in such a way that the public will NOT be allowed to make
comments. They will contain only informational postings made by City of Stillwater employees.
Inclusion of the following disclaimer, as approved by the City Administrator, is required on all social media
sites.
“The City of Stillwater’s use of external social media web sites is provided as a Public service. The
City of Stillwater disclaims liability for ads, videos, promoted content or comments accessible
from any external web site. The responsibility for external content or comments rests with the
organizations or individuals providing them. Any inclusion of external content or comments does
not imply endorsement by the City of Stillwater. The City reserves the right to delete any postings
that are obscene, vulgar, threatening, contain profanities or show the City or its residents in a
negative manner.”
VIOLATIONS OF THE POLICY
Employees who are aware of the violation of the above inappropriate uses are obligated to notify their
immediate supervisor, the City Administrator or the MIS Specialist. Employees who violate this policy shall
be subject to disciplinary action, including but not limited to: reprimands, suspension of some or all
computer and technology use privileges, and termination. Violations of this policy that are of a criminal
nature may be referred for criminal prosecution.
EXCEPTIONS/CHANGES
Exceptions to this policy may be granted only by the City Administrator. This policy may be reviewed and
changed at any time.
REQUESTS TO CREATE SOCIAL MEDIA SITES
Any department wishing to create, modify or remove a social media presence must initially submit a request
to the City Administrator. This will initiate a process to ensure that the City’s array of sanctioned social media
accounts are kept to a sustainable number, policies are followed, and the City’s Internet-based
communication strategy is appropriately maintained.
Departments must request permission from the City Administrator, using a proposal that includes:
the subject;
whether the request is an addition, modification or deletion of a social media resource or its
contents;
an introductory paragraph explaining the purpose and/or scope, including (as applicable) changes to
the purpose and contents of existing social media;
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a draft version of the page which incorporates the general standards;
expected frequency of updates;
expected frequency of site monitoring;
the target audience;
the author(s);
the moderator(s);
anticipated work load to create and maintain the site, as well as an explanation of any work that will
be eliminated due to work on the site;
anticipated ending date for the site;
a statement on how the value of the site will be measured; and
signature of the requesting department’s head indicating approval of the request.
Formal action on the request will be determined by the City Administrator in consultation with the MIS
Specialist.
Cellular Phone Use
This policy is intended to define acceptable and unacceptable uses of city issued cellular telephones. Its
application is to insure cellular phone usage is consistent with the best interests of the city without
unnecessary restriction of employees in the conduct of their duties. This policy will be implemented to
prevent the improper use or abuse of cellular phones and to ensure that city employees exercise the highest
standards of propriety in their use.
General Policy
Cellular telephones are intended for the use of city employees in the conduct of their work for the city.
Supervisors are responsible for the cellular telephones assigned to their employees and will exercise
discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent
personal use of such telephones or equipment provided that:
Its use in no way limits the conduct of work of the employee or other employees.
No personal profit is gained or outside employment is served.
All employees are expected to follow applicable local, state, and federal laws and regulations
regarding the use of cellphones at all times. Employees whose job responsibilities include regular or
occasional driving and who are issued a cellphone for business use are expected to refrain from using
their phone while driving. Safety must come before all other concerns. Regardless of the
circumstances and in accordance with Minnesota law, employees are required to use hands-free
operations or pull off into a parking lot and safely stop the vehicle before placing or accepting a call.
Employees are encouraged to refrain from discussion of complicated or emotional matters and to
keep their eyes on the road while driving at all times. Special care should be taken in situations
where there is traffic or inclement weather, or the employee is driving in an unfamiliar area. Hands-
free equipment will be provided with City-issued phones to facilitate the provisions of this policy.
Reading/sending text messages, making or receiving phone calls, emailing, video calling,
scrolling/typing, accessing a webpage, or using non-navigation applications while driving is strictly
prohibited.
o In accordance with State law, there is an exception to hands free cell phone operations to
obtain emergency assistance to report a traffic accident, medical emergency or serious traffic
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hazard or prevent a crime from being committed. There is also a State law exception for
authorized emergency vehicles while in the performance of official duties.
Employees who are charged with traffic violations resulting from the use of their phone while driving
will be solely responsible for all liabilities that result from such actions. See above “City Driving
Policy” for more information on reporting driver’s license restrictions”
Alternatively, a supervisor may authorize an employee to use his/her own personal phone for city
business and be reimbursed by the city for those calls.
Regardless of who pays the bill, cell phone records about city business are subject to the
Minnesota Government Data Practices Act. What this means is that if a request were received, the
city would be under the obligation to determine what information is public data and what
information is private data and would need access to the employee’s phone records and possibly
the phone itself in order to provide the data that is being requested. Therefore, the best practice is
to limit usage of personal cell phones for city business to that which is truly necessary or be
prepared to produce your cell phone and the associated records if needed.
An employee will not be reimbursed for business-related calls without prior authorization from his/her
supervisor. Supervisors may also prohibit employees from carrying their own personal cell phones during
working hours if it interferes with the performance of their job duties.
Use of public resources by city employees for personal gain and/or private use including, but not limited to,
outside employment or political campaign purposes, is prohibited and subject to disciplinary action which
may include termination and/or criminal prosecution, depending on the circumstances. Incidental and
occasional personal use may be permitted with the consent of the supervisor.
Personal calls will be made or received only when absolutely necessary. Such calls must not interfere with
working operations and are to be completed as quickly as possible.
In cases where the city does not regard accounting for personal calls to be unreasonable or administratively
impractical due to the minimal cost involved, personal calls made by employees on a city-provided cellular
phone must be paid for by the employee through reimbursement to the city based on actual cost listed on
the city’s phone bill.
Procedures
It is the objective of the City of Stillwater to prevent and correct any abuse or misuse of cellular telephones
through the application of this policy. Employees who abuse or misuse such telephones may be subject to
disciplinary action.
Responsibility
The city administrator, or designee, will have primary responsibility for implementation and coordination of
this policy. All supervisors will be responsible for enforcement within their departments.
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Bulletin Boards
All required governmental postings are posted on the boards located in the break room. These boards may
also contain general announcements.
Political Activity
Political Activity Restricted. Every employee ha a civic responsibility to support good government by
available means and in an appropriate manner. Each employee may join or affiliate with civic organizations
of a partisan or political nature, may attend political meetings, may advocate and support the principles or
policies of civic or political organizations in accordance with the Constitution and laws of the State of
Minnesota and the United States of America. Protected free speech for employees includes commenting on
matters of public concern such as political, social, or community issues. However, no employee will:
Engage in any political or partisan activity while on duty
Use his/her official authority or influence for the purpose of interfering with or affecting the result of
an election or a nomination for office
Be required as a duty of his/her office of employment or as a condition for employment, promotion
or tenure of office to contribute funds for political or partisan purposes
Coerce or compel contributions for political or partisan purposes by another employee of the City of
Stillwater, MN
Use any supplies or equipment of the City for political or partisan purposes
Identify their City position with any public statement of personal opinion about any issue unrelated
to their City work or activity and authorized by the City Administrator or City Council
Public employees have constitutional and common law rights to free speech, free association, and privacy.
Technology and Internet Use, Including Software, Hardware, Games, Screensavers
PURPOSE
The City is committed to protecting its employees, partners and the public from illegal or damaging actions
by individuals, either knowingly or unknowingly. This policy serves to protect the security and integrity of the
city’s electronic communication and information systems by educating employees about appropriate and
safe use of available technology resources.
All data created on the City’s systems remains the property of the City of Stillwater. There is no guarantee of
confidentiality of information stored on any device belonging to the City of Stillwater. Authorized individuals
within the City of Stillwater will monitor equipment, systems, network traffic, e-mail, computer files, internet
use and any other technology or technology use as it determines necessary and may disclose information
from these sources to third parties without providing notice to employees.
All employees are responsible for reading and following information that may be distributed from time-to-
time by the Information Systems department about appropriate precautions to protect city systems.
An employee who violates any aspect of this policy may be subject to disciplinary action including revocation
of certain system privileges or termination.
Some exceptions to the Technology and Internet Use Policy will be allowed to users based on job
responsibilities and duties, per department policy and in accordance to applicable State and Federal laws.
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Only city employees may use city-owned equipment. Non-city employees, including family members or
friends of employees are not allowed to use city equipment or technology resources.
Employees are not allowed to use or connect personal peripheral tools or equipment (such as laptops, digital
cameras, cell phones, printers, copiers, faxes, scanners, PDAs, jump drives, and wireless routers) to city-
owned systems. Connection of such devices will result in confiscation of the device and a loss of network
privileges. The length of suspension will be determined by supervisory staff.
The city may inspect any data or information stored on its equipment or network, even if the information is
personal to the employee.
SOFTWARE, HARDWARE, GAMES AND SCREEN SAVERS
In general, all software and hardware required for an employee to perform their job functions will be
provided by the city. Requests for new or different equipment or software should be made to the supervisor.
The department head should then contact the Information Systems Department.
The following is approved software that may be downloaded by employees without prior approval:
Microsoft updates as provided in automatic updates to the user.
Anti-virus updates as provided in automatic updates to the user.
Microsoft clipart and photo files contained on the site www.microsoft.com.
Unapproved software or downloads (free or purchased) including instant messaging programs, hardware,
games, screen savers, toolbars, clipart, music and movie clips, other equipment, software or downloads that
have not been specifically approved by the technology department may compromise the integrity of the
city’s computer system and are prohibited.
The City Information Systems manager, without notice, may remove any unauthorized programs,
software, equipment, downloads, or other resources if they are not properly licensed or could harm city
systems or technology performance or if they have not been authorized by the Information Systems
department.
If there is any question about whether software or hardware, downloads, etc. are appropriate it should be
forwarded to the City Information Systems department for a determination.
ELECTRONIC MAIL
The city provides employees with an e-mail address for work-related use.
An employee’s personal e-mail (and any other personal documents) accessed via a city computer are
considered “public” data and are not protected by privacy laws. The City will monitor any employee’s use of
e-mail without prior notice. Employees should not expect privacy in any activity conducted on a city-owned
computer.
The city will not retain e-mail longer than one week in network back-ups. E-mail backups are only used for
disaster recovery.
Electronic communication that constitutes an official record of city business must be kept in accordance with
all records retention requirements and should be copied to appropriate files for storage.
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The following activities are strictly prohibited:
Do not use harassing language, including sexually harassing language or any remarks including insensitive
language or derogatory, offensive or insulting comments or jokes in an e-mail. This includes the transmission
of sexually explicit images, ethnic slurs, racial epithets, religious or political statements or anything else that
may be construed as harassment or discrimination based on race, religion, age, national origin, sex sexual
orientation, disability, marital status or other classification protected by state and federal law. All emails
must comply with all city policies, including those related to respectful workplace, harassment prevention
and workplace violence.
Employees are prohibited from using profanity or derogatory remarks in an e-mail, even when in jest.
Sending unsolicited email messages including “junk mail” or other advertising material to individuals,
internally or externally, who did not specifically request such material (email spam). Certain city related
functions may be excluded from this provision. The City of Stillwater will be a responsible user of technology
and will not engage in “spamming”. (Spam is defined as unauthorized and/or unsolicited electronic mass
mailings.)
Unauthorized use, or forging, of email header information.
Solicitation of email for any other email address, other than that of the posters account, with the intent to
harass or to collect replies.
Creating or forwarding “chain letters”, or other “pyramid” schemes of any type.
Employees are not allowed to subscribe to any listservs or register with websites using their City e-mail
address unless they are specifically work related. Example: do not use city e-mail to sign up for a newsletter
from a weight loss center or to receive coupons from a department store.
Employees, including Council or Commission members, are not allowed to automatically forward electronic
mail sent to a city e-mail address to a personal e-mail address.
If there is question whether an electronic communication is a government record for purposes of records
retention laws, or is considered protected or private under data practices, check with a supervisor or the city
clerk.
SYSTEM AND NETWORK ACTIVITIES
The following activities are prohibited:
Violations of the rights of any person or company protected by copyright, trade secret, patent or other
intellectual property, or similar laws or regulations, including, but not limited to, the installation or
distribution of “pirated” or other software products that are not appropriately licensed for use by the City of
Stillwater.
Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of
photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of
any copyrighted software for which the City of Stillwater does not have an active license.
Exporting software, hardware, technical information, encryption software or technology, in violation of
export control laws.
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Introduction of malicious programs into the network or server(s) (i.e. viruses, worms, Trojans, email bombs,
etc.).
Effecting security breaches or disruptions of network communication. Security breaches include but are not
limited to, accessing data of which the employee is not the intended recipient or logging into a server or
account that the employee is not expressly authorized to access, unless these duties are within the scope of
regular duties. An example would be IT staff engaged in network or system support or application of these
policies may access all system data, servers, switches, etc. and accounts. For purposes of this section,
disruption includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service
and forged routing information for malicious purposes.
Port scanning and security scanning is expressly prohibited except by IT staff engaged in network or system
support or application of these policies.
Circumventing user authentication or security of any host, network or account.
Using any program/script/command or sending messages of any kind with the intent to interfere with or
disable any user’s sessions, network function or system.
SOCIAL MEDIA
Social media are primarily Internet and mobile based tools for sharing and discussing information. These
tools include, but are not limited to, Facebook, LinkedIn, MySpace, Blogs, microblogs such as Twitter,
YouTube, Flickr etc. The City of Stillwater has a separate policy in place to address social media.
INSTANT MESSAGING
The city provides employees with resources or tools to communicate by Instant Messaging (IM) when
conducting city business. Employees are not allowed to use other 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 other IM software on their city computer.
STORING AND TRANSFERRING DATA
As a general rule city related files and correspondence should not be created on personal or home
computers. City business should be conducted on city-owned equipment. In those instances where home or
personal computers are used for city related functions users will adhere to all relevant city policies. Electronic
documents, including e-mails and business-related materials created on an employee’s home or personal
computer, should be stored on the city’s network in accordance with city records retention policies and the
Minnesota Data Practices Act. The City provides storage on the network for all documents relating to City
business. Each Department is provided with a folder on the network for department wide storage and each
employee is provided with a folder on the network for individual storage.
Documents or electronic communications that may be classified as protected or private information under
data practices requirements should be stored separately from other materials.
All network storage is for work-related data. No personal data may be stored on network storage devices.
The IT staff will monitor network storage and may delete any items that are non-work related.
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All City data should be stored on network devices, either department or individual folders. Users shall not
store data that needs to be maintained as part of the City’s record on their personal hard drives. Network
storage is backed up every night and will be maintained by the Information Systems Department. Data
stored on the City’s personal computer hard drives will not be backed up and is not the responsibility of the
IT Department.
All employees must periodically review data kept on the network storage and delete any unneeded or
unnecessary files from the system.
Transferring data and documents between computer systems requires information to be stored on storage
media. These items can also be used to transmit computer viruses or other items harmful to the city’s
computer network. The city has installed anti-virus software on each computer to protect against these
threats by automatically scanning storage media for viruses and similar concerns.
INTERNET
The city provides Internet access to employees for work on city business. Employees may use this access for
work-related matters in a professional manner.
The following considerations apply to users of the Internet:
There is no quality control on the Internet. All information found on the Internet should be considered
suspect until confirmed by another source.
Internet use during work hours must be limited to subjects directly related to job duties.
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, or in manners that otherwise violate city policies related to respectful workplace
and harassment prevention. This prohibition includes information on social media sites such as Facebook and
MySpace, blogs and microblogs such as Twitter.
No software or files may be downloaded from the Internet unless approved in advance by the City
Information Systems department. This includes but is not limited to free software or downloads, maps,
weather information, toolbars, music or photo files, clipart, screensavers and games.
Web radios are not allowed as they create unnecessary network traffic.
Employees may not participate in any Internet chat room – an online meeting place to discuss a particular
topic, sometimes in semi-privacy – unless the topic area is related to city business.
The city may monitor any employee’s use of the Internet for any purpose without prior notice.
REMOTE ACCESS
Certain employees may be given the ability to access the city’s computer systems from remote locations or
from home, using either personal equipment or city-owned equipment.
Remote access is generally limited to staff classified as exempt and who frequently work independently on
city business. Non-exempt staff may be given temporary access from time to time as needed. It is the
responsibility of the employee to obtain permission from the supervisor before working remotely, and if
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permission is granted, then all remote hours worked must be recorded. Non-exempt employees must record
all hours worked regardless of whether they are on or off City premises.
Employees with remote access privileges will be given specific instructions from the technology department
about how to protect city equipment and information resources. Direct questions regarding remote access to
the city’s Information Systems department.
NOTICE OF COMPUTER PROBLEMS
Employees are responsible for notifying the Information Systems department about computer problems or
odd computer behavior. Employees should err on the side of caution when reporting issues because small
problems may indicate a more serious network or computer system issue.
VIOLATIONS
Violation of this policy will shall be subject to disciplinary action, up to and including termination. Violations
of this policy or misuse of the City’s technology that are of a criminal nature may be referred for criminal
prosecution. Employees who are aware of the violation of the above inappropriate uses are obligated to
notify their immediate supervisor, the City Administrator or the MIS Manager.
In addition to any disciplinary action, the City reserves the right to use all available legal means to receive
reimbursement from a City employee for any and all costs and expenses incurred in correcting or resolving
computer problems associated with the unauthorized installation of software programs onto the computer
or technology equipment assigned to that employee.
The City shall monitor employee e-mail, computer files, Internet use and any other data and technology on
its systems and equipment as it determines necessary and may disclose information from those sources to
third parties without providing notice to employees. Managers and supervisors are responsible for ensuring
the appropriate use of computers, E-mail, internet access and equipment through training, supervising,
coaching, and taking disciplinary action, when necessary.
Personal Use of City Property
City-owned equipment and facilities are not available for personal use by employees. Personal use of
machinery and tools is prohibited unless the appropriate department head gives prior approval.
Personal commercial business activity conducted on city telephones is prohibited. Employees provided with
cellular telephones will be required to pay for all personal calls.
Unauthorized removal of City property or its conversion to personal use may be cause for discipline up to and
including termination.
Fire/Emergency Response by Full Time Employees
Employees that are employed both part-time in the Fire Department and full time in another City
department shall not leave their full time positions during their regularly scheduled work hours to respond to
an emergency incident in the Fire Department unless they are requested by a Chief Officer, Officer in charge
of the station, or Incident Commander.
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Part-time Fire Department employees that are requested by a Chief Officer, Officer in charge of the station,
or the Incident Commander to respond to an emergency incident during the regularly scheduled work hours
of their full time position shall notify their supervisor of the request to respond. The supervisor has the
authority to approve or deny the employee’s leave of their full time duties, based on the needs of the
department and in consideration of the request.
An employee authorized to respond to the Fire Department during their regularly scheduled full time work
hours shall be compensated at their full time wage for hours that coincide with their regularly scheduled full
time work hours. The employee is not eligible to receive their part-time Fire Department wage for these
hours. In the event that part-time Fire duties begin or end outside the employees regularly scheduled full
time work hours, the employee will be paid their wage as a part-time Fire Department employee for those
hours.
Use of City Vehicles
City-owned vehicles are to be used only by City employees for official City business. Employees that drive or
may be required to drive City vehicles and equipment are responsible for maintaining a safe driving record
and for observing all traffic laws. Seat belts must be properly used at all times and there shall be no smoking
in City vehicles. Drivers must carry a current, valid driver’s license that is adequate for the type of vehicle
being driven. Any employee who operates a City vehicle without a valid driver’s license will be subject to
disciplinary action.
Employees with authorization to drive City vehicles may be subject to annual driver’s license check in
accordance with City Ordinance 895. Ordinance 895 requires the employer to obtain driver’s license history
prior to employment, and periodically thereafter.
Travel Expenses
Employees shall receive prior approval from their supervisor and/or Department Head for all conferences
and training.
Time spent in travel to and from, as well as time spent attending a training session or conference, will be
compensated in accordance with the federal Fair Labor Standards Act.
Employees shall be reimbursed for all reasonable expenses incurred when traveling on City business only
upon authorization by the Department Head and approval of such expenses by the City Council. In order to
receive reimbursement, the employee shall complete the appropriate claim form, including receipts, and
submit to the Department Head for consideration and approval. Reasonable traveling expenses include:
Mileage reimbursement. When an employee uses their own vehicle for approved city travel, mileage is
reimbursed at the IRS established rate per mile. Employees with access to City vehicles shall use them
instead of driving a personal vehicle.
Airfare. Coach airline tickets may be reimbursed upon prior approval as outlined above when it is more
economical to fly than drive.
Lodging. Hotel expenses shall be reimbursed for the actual cost, not to exceed the single occupancy rate
upon prior approval as outlined above. Lodging expenses will not be reimbursed for activities held within the
Twin Cities Metropolitan Area or within a 75 mile radius of the City of Stillwater, unless a recommendation is
made by the Department Head and approved by the City Administrator, prior to travel.
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Meals. Reasonable meal expenditures, including sales tax and gratuity, will be reimbursed according to this
policy.
Misc. Reimbursement of telephone calls and similar miscellaneous expenses may be reimbursed at the
discretion of the City Administrator, or designee, and shall be limited to those directly connected to carrying
out official City business. Travel or air insurance premiums are not reimbursable.
Property Damage Reporting
An employee involved in an incident that results in damage to City property or any other property during the
course of conducting City business, must submit a report of the incident to their Supervisor within twenty-four
(24) hours of the occurrence.
Vehicle accidents also require a copy of the Minnesota Motor Vehicle Accident Report.
Election Pay
Employees are encouraged to participate in the election process by working at the City of Stillwater polls on
Election Day. Employees who wish to serve as an election judge must provide the employer with a minimum
of seven days’ notice in order to be granted approval.
Provided proper notice is given, employees will be granted leave without loss of pay or benefits. Employees
who work at the polls on Election Day will be paid their regular wage.
Non-exempt employees: Hours worked in excess of regularly scheduled hours will be paid at the employee’s
regular hourly rate and may be paid overtime for hours worked over 40 following employment policy manual
and FLSA rules.
Exempt employees: Employees will be paid their regular wage for 8 hours and will be paid the approved
election judge rate for hours worked over 8 on Election Day.
Processing Pay: Employees will include all time worked on their normal pay record. Costs associated with
the election may be reimbursed to the appropriate fund. Election pay is considered taxable wages for
employees.
Government Data Practices Act
Employee records are maintained in a location designated by the city administrator. Personnel data is
retained in personnel files, finance files and benefit/medical files. Information is used to administer
employee salary and benefit programs, process payroll, complete state and federal reports, document
employee performance, etc.
Employees have the right to know what data is retained, where it is kept, and how it is used. All employee
data will be received, retained and disseminated according to the Minnesota Government Data Practices Act
(MGDPA).
All employees are responsible for maintaining data in accordance with the provisions of that law. Employees
shall never release any private or confidential data to any non-City employee (including but not limited to,
employees’ families, friends, and spouse) or to any City employee not officially concerned with the data.
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If an employee is uncertain whether data is public or private or whether the data can be released, accessed,
or discussed, the employee must consult with his or her supervisor and the applicable policies and MGDPA
provisions.
Any employee found to have violated the MGDPA or the provisions of this policy may be subject to
disciplinary action up to and including immediate termination.
Gifts and Gratuities
The City of Stillwater prohibits all employees, including public officials, from accepting a gift or gratuity from
an “interested person.” “Interested person” means a person or association that has a direct financial interest
in a decision that the employee is authorized to make. Businesses, vendors, organizations and residents
could all have some type of financial interest with the City at any point in association with one’s employment
at the City of Stillwater. Employees and public officials shall avoid the perception of special treatment or a
conflict of interest.
Actual or potential conflicts or any relationships that may create the appearance of a conflict of interest must
be reported to the direct supervisor as soon as they can be established in order to protect all parties. The
City of Stillwater will determine whether an actual conflict exists. Failure to make a required disclosure or
resolve conflicts of interest satisfactorily can result in discipline up to and including termination of
employment. The citizens of Stillwater expect a high standard of conduct from public employees and the City
strives to meet that goal.
Gifts in value above a de minimis amount are prohibited (e.g. lunches, dinners, event tickets). The gift policy
does not apply if the gift includes the following:
Services to assist an official in the performance of official duties, including but not limited to
providing advice, consultation, information, and communication in connection with legislation and
services to constituents
Services, trinkets or mementos of de minimis monetary value ($5.00 or less)
Plaque or similar memento recognizing individual services in a field of specialty or to a charitable
cause
Informational material of unexceptional value
Meritorious awards from civic organizations
Food or a beverage at an official event
Donations of money, equipment, etc., to a department or City as a whole. Items of substantial
monetary value will be officially accepted by the City Council at a Council meeting.
News Releases, Public Statements and Public Appearance
News releases concerning municipal affairs are the responsibility of the City Administrator unless delegated
to the department head by the City Administrator. Employees are prohibited from releasing any information
related to municipal affairs to the news media without the prior consent of the employee’s department head
or the City Administrator.
All news releases concerning City personnel shall be the responsibility of the City Administrator.
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Public Statements by Employees: An employee may not speak to the press/media as an official spokesperson
of the City without prior clearance by the City Administrator or designee. Department Heads are designees
for their area of responsibility. All inquiries from the press/media should be referred to the City
Administrator or designee. Any deviation from this policy may result in disciplinary action.
Public Appearances: Any employee asked by an outside agency or organization to appear as a guest speaker
or invited program participant representing the City of Stillwater must obtain prior approval from the City
Administrator or Division Head if it is done so as an official representation of the City or if the appearance is
during normal business hours.
Volunteers
As a public sector entity, the City of Stillwater is able to use unpaid volunteers if they meet the Department
of Labor (DOL) criteria to quality, as follows:
The services are entirely voluntary, with no coercion by the employer, no promise of advancement,
and no penalty for not volunteering
The activities are predominately for the employee’s own benefits
The employee does not replace another employee or impair the employment opportunities of others
by performing work which would otherwise be performed by regular employees
The employee serves without contemplation of pay
The volunteer activity does not take precedence for regular or scheduled overtime hours
The volunteered time is not substantial in relation to the employee’s regular work schedule
If a request is received from a citizen to offer volunteer services at the City, refer the request to the
Department Head. The Department Head, in consultation with Human Resources, shall verify that the
request follows DOL requirements.
Exceptions to this policy include a Girl Scout, Boy Scout, or school group volunteering to help clean up a park
or paint park benches or other one-time occurrence.
Telecommuting
The City of Stillwater is committed to creating a work environment and culture where the needs of the City’s
clients, employees, and organization are aligned. The City strives to be flexible in the City’s approach to work
styles and location. The City offers employees the ability to perform certain job duties away from the central
work site. This policy refers to those employees working a set schedule from a remote work area. Occasional
work off‐site; including work while traveling on City business, does not constitute telecommuting.
Eligibility
The determination that a position may or may not be appropriate for a telecommuting arrangement
is made on a case‐by‐case basis at the department level with approval from the director or City
Administrator.
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Departments evaluate whether a position is suitable for telecommuting based on the nature of the
work that is being performed. Generally, requests to telecommute should be considered when:
The employee's duties can be fulfilled within the telecommuting structure.
Telecommuting fits with the needs of the department.
Telecommuting provides for space savings or increased productivity.
The employee has demonstrated sustained high performance, and the manager believes the
employee can maintain the expected quantity and quality of work while telecommuting.
The department can maintain quality of service for clients, employees, and members of the
community.
Generally, requests to telecommute should not be considered when:
The job requires the employee’s physical presence or telecommuting would impair the
department’s efficiency.
The employee’s current job duties require frequent supervision, direction or input from others
who are onsite.
The employee’s job duties require that the employee provide frequent supervision, direction or
input to other employees who are onsite.
The employee’s performance evaluations do not indicate sustained high performance or the
ability to work independently.
The employee has a documented attendance problem.
The employee has less than six months of service with The City.
Request Process
An employee requesting a telecommuting arrangement should complete a Telecommuting Request
(see Appendix).
The employee’s direct supervisor and/or department head must review and approve the request
prior to the review and approval of the director or City Administrator.
Expectations
Telecommuting is not intended to permit staff to have time to work at other jobs, provide dependent
care during work hours, or run their own businesses.
Employees who telecommute must comply with all City policies and department work rules.
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Employees who telecommute are expected to have regularly scheduled work hours, to be fully
accessible during those hours, and to attend necessary meetings and appointments in person.
Non‐exempt employees who telecommute are required to obtain telecommuting approval from the
department head and Human Resources Manager, report their work hours and take required rest
breaks and meal periods.
Employees entering into a telecommuting agreement may be required to forfeit use of a personal
office or workstation in favor of a shared arrangement to maximize organization office space needs.
Employees must provide broad band internet access at their own expense.
The City will not be responsible for operating costs, home maintenance, or any other incidental costs
associated with the use of the employee’s residence for a telecommuting location.
Meetings with clients and or visitors conducting business with the City will not be held in the
employee’s telecommuting location.
HIPAA/Protected Health Information
Employees in a telecommuting arrangement must comply with all City policies and procedures
concerning the handling of Protected Health Information, as well as use of computers, internet and
email.
It is expected employees fully review and are familiar with these policies.
Employees will limit consumer specific information in their possession outside of City offices to that
necessary to perform their duties.
The telecommuter's signed employment and related agreements, and any other applicable
computer, network, and telecommunication laws, rules and permissions remain in full effect while
telecommuting.
Travel Expenses
A telecommuter is entitled to mileage reimbursement as indicated by the Internal Revenue Service:
The first one way trip of the day from home to another location for the purpose of paid
employment is not reimbursable as a work expense and is considered the responsibility of the
telecommuter.
This rule also applies to the last trip of the day from another location for the purpose of work to
the home.
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In the event the first trip and/or the last trip of the day is longer than the mileage between the
employee’s onsite work location and the employee's home, the employee will be reimbursed for
the difference. If the first trip of the day is shorter than the normal distance from the onsite
work location to the employee's home, this mileage would not be reimbursable.
Location
Employees telecommuting must have a safe and ergonomically correct workspace in order to
telecommute.
Employees may request a representative of The City to visit their telecommuting worksite to conduct an
ergonomic assessment and inspect for possible work hazards.
Employees are encouraged to conduct an ergonomic self‐evaluation of their telecommuting location.
Employees will work at a designated location as outlined in their telecommuting request.
Equipment
Departments will work with the Information Systems department to determine, with information
supplied by the employee and the supervisor, the appropriate equipment needs for each
telecommuting arrangement on a case‐by‐case basis.
All equipment provided by the City will remain the property of the City and is subject to the same
business use restrictions as if located at the organization’s on‐site work location.
The telecommuter will sign an inventory of all office property and agrees to take appropriate action
to protect the items from damage or theft.
Upon termination of employment, all City property will be returned to the City.
Liability
The City will not be liable for damages to the employee’s property resulting from participation in the
telecommuting program.
A designated representative of the City will visit the employee’s telecommuting worksite to conduct
an ergonomic assessment and inspect for possible work hazards. Repeat inspections will occur on an
as‐needed basis.
Injuries sustained by the employee while at his or her telecommuting work location and in
conjunction with his or her regular work duties are normally covered under the City’s workers’
compensation policy.
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Telecommuting employees are responsible for notifying the employer of such injuries in accordance
with City policy.
The employee is liable for any injuries sustained by visitors to his or her work location. Employees
will not meet with clients and/or visitors conducting business with the City at the employee’s
telecommuting location.
By participating in the telecommuting arrangement, the employee agrees to hold the City
harmless against any and all claims including injuries to others at the telecommuting location.
Telecommuting Agreement
An agreement between the telecommuting employee and the department is required, and will be
placed in the employee’s personnel file. See Appendix.
The telecommuting agreement may be modified or terminated any time, with appropriate notice.
Normally, at minimum, a two‐week notice should be provided whenever possible in advance of
ending or changing the agreement.
In all cases, telecommuting agreements must be renewed annually.
Leave Time (Section 8)
Holidays
All employees covered by a collective bargaining agreement should refer to their respective
agreements for terms and conditions of holiday leave.
Eligibility: Full time employees will receive paid holiday leave in accordance with the following schedule.
Part-time employees who work at least 20 hours per week on a regular basis will earn or receive paid holiday
leave on a prorated basis of the full time employee schedule.
Part-time employees who work less than 20 hours per week on a regular basis, temporary and seasonal
employees will not earn or receive paid holiday leave.
Employees that are eligible for benefits and not covered by a collective bargaining agreement shall
be granted leave on the following holidays:
New Year’s Day Veteran’s Day
Martin Luther King Day Thanksgiving Day
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President’s Day Day after Thanksgiving
Memorial Day Christmas Day
Independence Day Christmas Eve Day or New Year’s Eve Day*
Labor Day Floating Holiday**
*It is the employer’s discretion to determine whether the employee will take Christmas Eve
Day or New Year’s Eve Day.
**Immediately preceding the first anniversary date of employment, the employee shall be entitled
one additional floating holiday.
When a holiday falls on a Sunday, the following Monday shall be the “observed” holiday, and when a holiday
falls on a Saturday, the preceding Friday shall be the “observed” holiday.
Full time employees will receive pay for official holidays at their normal straight time rates, provided they are
on paid status on the last schedule day prior to the holiday and first schedule day immediately after the
holiday. Part-time employees will receive prorated holiday pay based on the number of hours normally
scheduled. Any employee on an approved leave of absence (and NonFMLA) without pay is not eligible for
holiday pay.
Nonexempt employees who are covered by a collective bargaining agreement and who are required to work
on a holiday shall receive overtime pay in addition to their normal holiday pay in accordance with their
respective collective bargaining agreement.
Vacation
Employees covered by collective bargaining agreements shall earn vacation time according to their
respective labor agreements.
Employees eligible for benefits and not covered by a collective bargaining agreement shall earn vacation time
at the following rate:
From 0 through 12 months employment: 6.67 hours per month
From 1 year through 4 years employment: 80 hours per year
From 4 years through 10 years employment: 120 hours per year
After 10 years through 15 years employment: 160 hours per year
After 15 years: 8 additional hours for each year of
employment, up to twenty years for a
maximum of 200 hours.
Eligibility: Full time employees will earn vacation leave in accordance with the above schedule.
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Part-time employees who work at least 20 hours per week on a regular basis will accrue vacation leave on a
prorated basis of the full time employee schedule.
Part-time employees who work less than 20 hours per week on a regular basis, temporary and seasonal
employees will not earn or accrue vacation leave.
The City will make a reasonable effort within the needs of the City to schedule vacations at times when
requested by employees, provided that adequate advance notice is given by the employee. Vacation
schedules shall be set by the Employer with due regard to the seniority of the employee, the preference of
the employee and the need for efficient and uninterrupted operation of the department. Once scheduled,
an employee’s vacation shall not be changed unless approved by the Department Head or Supervisor.
When requesting use of vacation time, the vacation request must be in writing, and approved by the
employee’s Department Head or Supervisor prior to the use of vacation time. If the request is denied, the
Department Head or Supervisor shall return the request to the employee with the denial specified and a
reason for the denial indicated.
Employees may use vacation time, as it is earned, and with approval by the Department Head or Supervisor.
Vacation time must be used in minimum increments of 15 minutes.
Employees covered by collective bargaining agreements shall carry over unused vacation time in accordance
with their labor agreement. Employees not covered by a collective bargaining agreement are allowed to
carry over up to a maximum of 80 hours of unused vacation time in to the next year.
Special written authorization from the City Administrator must be granted to accumulate vacation time in
excess of the annual allocation.
For the purpose of determining the date on which the benefit schedule changes, vacation accrual rate
changes shall be effective for all employees on January 1 immediately preceding the employee’s anniversary
date.
Sick Leave
Sick leave shall not be considered a privilege or vested right which an employee may use at the employee’s
discretion. Employees may use sick time for personal illness or injury, to attend medical appointments, to
care for spouse, child or parent, and to take dependents to medical appointments.
Employees covered by a collective bargaining agreement shall earn sick leave benefits according to their
respective labor agreements.
Employees eligible for sick leave, hired before January 1, 2019, and not covered by a collective bargaining
agreement shall earn sick leave benefits as follows:
If term of employment has been six (6) months, but less than two (2) years, 80 hours.
If term of employment has been 2 to 5 years, full pay for 340 hours.
If term of employment has been 5 to 10 years, full pay for 780 hours.
If term of employment has been 10 to 15 years, full pay for 1300 hours.
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If term of employment has been 15 to 20 years, 1560 hours.
If term of employment has been 20 to 25 years, 1820 hours.
If term of employment has been 25 years or more, 2080 hours.
For the purpose of determining the date on which the employee’s sick leave benefit changes, sick leave shall
be effective for all employees on January 1st immediately preceding the employee’s anniversary date.
Sick leave must be used in minimum increments of 15 minutes.
An employee may use the full entitlement only once annually. Full entitlement is the sick leave benefit
amounts specified above, which are based on the employee’s length of service with the City.
No sick leave benefits shall be paid for absences in excess of three (3) consecutive days without a doctor’s
certificate as to sickness disability. The Employer may require a doctor’s certificate for absences less than
three (3) days if sick leave abuse is suspected.
Earn Back: When an employee uses sick leave, the employee will accrue sick leave to replace the used sick
leave at the following accrual rates:
Employees with less than five (5) years’ service shall earn back sick leave time at the rate of 8 hours
for each month worked.
Employees with five (5) years but less than ten (10) years’ service shall earn back sick leave time at
the rate of 12 hours for each month worked.
Employees with ten (10) or more years’ service shall earn back sick leave time at the rate of 16 hours
for each month worked.
Sick leave time shall be earned as a replacement for used sick leave and the sick leave balance shall not
exceed the annual allotment of sick leave benefits associated with the employee’s length of service with the
City as specified above.
For all employees hired by the City on or after January 1, 2019, full-time employees will accrue eight (8)
hours sick leave per month up to a maximum of 1040 hours. Sick leave may be accumulated up to a
maximum of 1040 hours.
Up to a maximum of 1040 hours of unused sick leave benefits shall be granted as severance pay upon
retirement due to age or physical disability to an employee having completed not less than ten (10) years of
service with the City. In the event of death while still employed, the surviving spouse, if any, or if no
surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as
though such employee had retired due to age or physical disability, as provided above.
Earn back provisions shall not apply to Employees hired on or after January 1, 2019. Benefit eligible part-
time employees hired on or after January 1, 2019 sick leave accrual and maximum will be calculated on a pro-
rata basis.
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An employee must notify his/her immediate Supervisor no later than their regular start time if the employee
intends to be absent from work. If an emergency prevents the employee from notifying his/her Supervisor at
such time, the employee is expected to call as soon as possible during the workday. Employees are required
to keep their Supervisor informed of their condition and anticipated return to work.
Employees may use sick leave, as it is earned, and with approval by the Department Head or Supervisor.
An employee who becomes eligible to receive Workers’ Compensation will receive the total amount of the
Workers’ Compensation check and may receive the difference between their Workers’ Compensation
payment and the employee’s regular gross salary through the use of accrued sick leave. The total of the
Workers’ Compensation check and the accrued sick leave compensation may not exceed the employee's
normal gross pay. An employee claiming sick time when physically fit to work or for reasons other than those
explicitly set forth in this policy will be subject to disciplinary action.
An employee may be required to submit a statement from their physician regarding a sick leave absence or
may be required to submit to a medical examination by a physician or medical facility licensed to practice
medicine and submit a doctor’s statement to the City regarding their illness. The City shall select the
physician and facility that shall conduct the examination.
An employee who has exhausted accrued sick time may request to use accrued vacation time.
No sick time benefits or payments for accumulated sick time shall be granted to an employee who is
terminated by the City.
Family and Medical Leave
In accordance with the Family and Medical Leave Act (FMLA), the City of Stillwater will grant job protected,
unpaid family and medical leave to eligible employees for up to 12 weeks per 12-month period for any or one
or more of the following reasons:
The birth of a child and in order to care for such child or the placement of a child with the employee for
adoption or foster care (leave for this reason must be taken within the 12-month period following the child's
birth or placement with the employee); or
In order to care for an immediate family member (spouse, child, or parent) of the employee if such
immediate family member has a serious health condition; or
The employee's own serious health condition that makes the employee unable to perform the functions of
his/her position, or
Any exigency arising out of the spouse, son, daughter or parent being called to active duty in the Armed
Forces in support of a contingency operation (See Military Caregiver and Qualified Exigency Leave described
below).
Eligible employees can take up to 26 work weeks of unpaid leave during a 12 month period to:
Care for a spouse, son, daughter, parent or “next of kin” who is a covered service member of the Armed
Forces and who suffered a serious injury or illness while on active duty (See Military Caregiver and Qualified
Exigency Leave described below).
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During the single 12-month period, an eligible employee shall be entitled to a combined total leave of 26
workweek for a leave that falls under the general FMLA requirements and for leave under the service
member family leave requirements (See Military Caregiver and Qualified Exigency Leave described below).
DEFINITIONS
"12-Month Period" - means a rolling 12-month period measured backward from the date leave is taken and
continuous with each additional leave day taken.
"Child" - means a child either under 18 years of age, or 18 years of age or older who is incapable of self-care
because of a mental or physical disability or a child that meets the criteria established by the IRS. An
employee's "child" is one for whom the employee has actual day-to-day responsibility for care and includes a
biological, adopted, foster or stepchild.
"Spouse" - does not include unmarried domestic partners.
“Serious Health Condition” means an illness, injury, impairment, or physical or mental condition that involves
one of the following:
Absence Plus Treatment: A period of incapacity of more than three (3) or more consecutive calendar days
that also involves continuing treatment by or under the supervision of a health care provider.
Chronic Conditions Requiring Treatments: Any period of incapacity because of chronic serious condition,
which requires periodic visits for treatment by a health care provider, continues over an extended period of
time, and may cause episodic rather than a continuing period of incapacity.
Hospital Care: Any period of incapacity or treatment connected with inpatient care in a hospital, hospice, or
residential medical care facility.
Multiple Treatments: Any period of absence to receive multiple treatments (including any period of recovery
therefrom) by a health care provider or by a provider of health care services under orders of, or on referral
by, a health care provider.
Permanent/Long-Term Conditions: A period of incapacity that is permanent or long-term due to
a condition for which treatment may not be effective, but requires continuing supervision by a health care
provider.
Pregnancy: Any period of incapacity because of pregnancy, prenatal care or child birth
COVERAGE AND ELIGIBILITY
The FMLA applies to all public employers, regardless of the number of employees. To be eligible for
family/medical leave an employee must:
Have worked for the City of Stillwater for at least 12 months prior to the date the leave is to commence; and
Have worked at least 1250 hours over the previous 12-month period prior to the date when the leave is
requested to commence.
HOW LEAVE MAY BE TAKEN
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FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently (a day periodically
when needed), or may be used to reduce the workweek or workday, resulting in a reduced hour schedule. In
all cases, the leave may not exceed a total of 12 workweeks.
An employee may take leave intermittently or on a reduced leave schedule to care for an immediate family
member with a serious health condition or because of a serious health condition of the employee when
"medically necessary."
"Medically necessary" means that there must be a medical need for the leave and that the leave can best be
accomplished through an intermittent or reduced leave schedule as documented in the medical certification
form.
If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment,
the employee must make a reasonable effort to schedule the treatment so as to not disrupt the City’s
business.
In instances when intermittent or reduced schedule leave for the employee or employee's family member is
foreseeable or is for planned medical treatment, including recovery from a serious health condition, the City
may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if
the alternative position would better accommodate the intermittent or reduced schedule.
An employee may take leave intermittently or on a reduced leave schedule for birth or placement for
adoption or foster care of a child only with the department's consent.
Part-time employees who take FMLA leave as a single block of time are entitled to 12 workweeks of leave
regardless of the number of hours typically worked in the workweek.
USE OF VACATION TIME AND SICK LEAVE
During the first forty (40) hours for full-time employees and the first seventy-two (72) hours for full-time
Firefighters scheduled for twenty-four (24) hour shifts, an employee may choose to take FMLA as unpaid.
For part-time employees and those who work variable hours, a weekly average of the hours worked shall be
used to determine the amount of time allowed as initial unpaid leave for FMLA purposes.
After the initial period of unpaid leave for FMLA purposes, an employee must substitute accrued paid time
for any part of a family/medical-leave taken for any reason. Accrued sick leave may only be used in the case
of illness or medical disability of the employee or the employee's child.
When an employee has used accrued paid time for a portion of family/medical leave, the employee may
request a period of unpaid leave to be granted so that the total of paid and unpaid leave provided equals 12
weeks.
NOTICE REQUIREMENT
Employees are required to give 30 days’ notice in the event of a foreseeable leave. A "Request for
Family/Medical Leave" form should be completed by the employee and returned to Human Resources. In
unexpected or unforeseeable situations, an employee should provide as much notice as is practicable, usually
verbal notice within one or two business days of when the need for leave becomes known, followed by a
completed "Request for Family/ Medical Leave" form.
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If an employee fails to give 30 days’ notice for a foreseeable leave with no reasonable excuse for the delay,
the leave will be denied until 30 days after the employee provides notice.
MEDICAL CERTIFICATION
For leaves taken because of the employee's or a covered family member's serious health condition, the
employee must submit a completed Physician or Practitioner Certification form and return the certification
to Human Resources. The employee must provide medical certification within 15 calendar days after
requested, or as soon as is reasonably possible. If the form is not submitted timely, the employee must
provide a reasonable explanation for the delay. Failure to provide medical certification may result in a denial
or delay of the leave.
The City of Stillwater may require a second, and in some circumstances, a third medical opinion (at its own
expense), periodic reports on the employee's status and intent to return to work, and a fitness-for-duty
report to return to work.
If an employee is using intermittent leave and reasonable safety concerns exist regarding the employee’s
ability to perform his or her duties, a FFD certificate may be required as frequently as every 30 days during
periods when the employee has used intermittent leave.
Recertification of leave may be required if the employee requests an extension of the original length
approved by the City or if the circumstances regarding the leave have changed. Recertification may also be
required if there is a question as to the validity of the certification or if the employee is unable to return to
work due to the serious health condition.
Where the employee’s need for leave due to the employee’s own serious health condition lasts beyond a
single leave year, the City will require employees to provide a new medical certification in each subsequent
leave year.
All documentation related to the employee's or family member's medical condition will be held in strict
confidence and maintained in the employee's medical records file.
EFFECT ON BENEFITS
An employee granted leave under this policy will continue to be covered under the City of Stillwater's group
health insurance plan, dental insurance plan, and life insurance plan under the same conditions as coverage
would have been provided if they had been continuously employed during the leave period. The employee
will be required to continue payment of the employee portion of group insurance coverage while on leave.
Employee contributions will be required either through payroll deduction authorized by the employee
through a written agreement or by direct payment to the City of Stillwater (Finance Department). The
employee will be advised in writing at the beginning of the leave period as to the amount and method of
payment. Employee contribution amounts are subject to any change in rates that occurs while the employee
is on leave.
The employer will provide the employee notice at least 15 days before coverage is to cease advising the
employee that payment has not been received pursuant to 29 C.F.R. § 825.212.
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The employee may sign a written statement authorizing the City to make a payroll deduction for the
employee’s delinquent payments for the employee’s contribution of group insurance coverage. If the City of
Stillwater pays the employee contributions missed by the employee while on leave, the employee will be
required to reimburse the Employer for delinquent payments upon return from leave.
If the employee fails to return from unpaid family/medical leave for reasons other than (1) the continuation
of a serious health condition of the employee or a covered family member, or (2) circumstances beyond the
employee's control (certification required within 30 days of failure to return for either reason), the City of
Stillwater may seek reimbursement from the employee for the portion of the premiums paid by the City of
Stillwater on behalf of that employee (also known as the Employer contribution) during the period of leave.
Any paid disability leave benefits, sick leave, vacation or compensatory time off available to employees for a
covered reason (an employee’s serious health condition or a covered family member’s serious health
condition, including worker’s compensation leave and Minnesota State Parenting Leave) will run concurrently
with FMLA.
An employee is entitled to seniority or benefit accrual during periods of unpaid leave for FMLA purposes.
JOB PROTECTION
Upon return from FMLA leave, an employee will be reinstated to his/her former position or an equivalent
position with equivalent pay, benefits, status and authority.
An employee on FMLA leave has no greater right to reinstatement or to the other benefits and conditions of
employment than if the employee had been continuously employed during the FMLA leave period.
If the employee fails to return within 12 weeks following a family/medical leave, the employee will be
reinstated to his/her same or similar position only if available, in accordance with applicable laws. If the
employee's same or similar position is not available, the employee may be terminated.
FORMS TO BE SUBMITTED BY THE EMPLOYEE
Notification or request for Family/Medical Leave
Physician or Practitioner Certification -Family Member/Serious Health Condition, Employee Serious/Health
Condition
Fitness for Duty to Return From Leave
L. FMLA – QUALIFIED EXIGENCY AND MILITARY CAREGIVER LEAVE
i. Qualified Exigency - Eligible employees (described above) whose spouse, son,
daughter, or parent either has been notified of an impending call or order to covered
active military duty or who is already on covered active duty may take up to 12
weeks of leave for reasons related to or affected by the family member’s call -up or
service. The qualifying exigency must be one of the following: (1) short-notice
deployment; (2) military events and activities; (3) childcare and school activities; (3)
financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post -
deployment activities; (8) parental care; or (9) additional activities that arise out of
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active duty, provided that the employer and employee agree, including agreement
on timing and duration of the leave.
ii. Military Caregiver Leave - An employee eligible for FMLA leave (described above)
who is the spouse, son, daughter, parent, or next of kin of a covered servicemember
may take up to 26 weeks in a single 12-month period to care for that servicemember.
The family member must be a current member of the Armed Forces (including a
member of the National Guard or Reserves), who has a serious injury or illness
incurred in the line of duty on active duty for which he or she is undergoing medical
treatment, recuperation, or therapy, or otherwise is on outpatient status or on the
temporary disability retired list. Eligible employees may not take leave under this
provision to care for former members of the Armed Forces, former members of the
National Guard and Reserves, or members on the permanent disability retired list.
iii. Definitions:
“Covered active duty” means
o “Covered active duty” for members of a regular component of the Armed
Forces means duty during deployment of the member with the Armed
Forces to a foreign country.
o “Covered active duty” for members of the reserve components of the
Armed Forces (members of the U.S. National Guard and Reserves) means
duty during deployment of the member with the Armed Forces to a
foreign country under a call or order to active duty in a contingency
operation as defined in section 101(a)(13)(B) of Title 10 of the United
States Code.
“Covered Service Member” means
o An Armed Forces member (including the National Guard or Reserves)
undergoing medical treatment, recuperation, or therapy or otherwise in
outpatient status or on the temporary disability retired list, for a serious
injury or illness”; or
o A veteran who is undergoing medical treatment, recuperation, or therapy,
for a serious injury or illness and who was a member of the Armed Forces
(including a member of the National Guard or Reserves) at any time
during the period of 5 years preceding the date on which the vet eran
undergoes that medical treatment, recuperation, or therapy.
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“Next of kin of a covered servicemember” is the nearest blood relative, other
than the covered servicemember’s spouse, parent, son, or daughter, in the
following order of priority: blood relatives who have been granted legal custody
of the servicemember by court decree or statutory provisions, brothers and
sisters, grandparents, aunts and uncles, and first cousins, unless the covered
servicemember has specifically designated in writing another blood relative as his
or her nearest blood relative for purposes of military caregiver leave under the
FMLA. When no such designation is made, and there are multiple family
members with the same level of relationship to the covered servicemember, all
such family members shall be considered the covered servicemember’s next of
kin and may take FMLA leave to provide care to the covered servicemember,
either consecutively or simultaneously. When such designation has been made,
the designated individual shall be deemed to be the covered servicemember’s
only next of kin.
“Parent of a covered service member” means a covered servicemember’s
biological, adoptive, step, or foster father or mother, or any other individual who
stood in loco parentis to the covered servicemember. This term does not include
parents “in law.”
“Serious injury or illness” means:
o In the case of a member of the Armed Forces (including a member of the
National Guard or Reserves), means an injury or illness that was incurred
by the member in line of duty on active duty in the Armed Forces (or
existed before the beginning of the member’s active duty and was
aggravated by service in line of duty on active duty in the Armed Forces)
and that may render the member medically unfit to perform the duties of
the member’s office, grade, rank, or rating; and
o In the case of a veteran who was a member of the Armed Forces
(including a member of the National Guard or Reserves) at any time
during a period when the person was a covered servicemember, means a
qualifying (as defined by the Secretary of Labor) injury or illness incurred
by a covered servicemember in the line of duty on active duty that may
render the servicemember medically unfit to perform the duties of his or
her office, grade, rank or rating.
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“Son or daughter of a covered servicemember” means the covered service
member’s biological, adopted, or foster child, stepchild, legal ward, or a child for
whom the covered service member stood in locos parentis, and who is any age.
iv. Amount of Leave – Military Caregiver: An eligible employee taking military caregiver
leave is entitled to 26 workweeks of leave during a “single 12-month period.” The
“single 12-month period” begins on the first day the eligible employee takes FMLA
leave to care for a covered servicemember and ends 12 months after that date.
Leave taken for any FMLA reason counts towards the 26-week entitlement. If an
employee does not take all 26 workweeks of leave to care for a covered
servicemember during this “single 12-month period,” the remaining part of the 26
workweeks of leave entitlement to care for the covered servicemember is forfeited.
29 C.F.R. § 825.127(e)(1) (2017).
v. Certification of Qualifying Exigency for Military Family Leave - The City will require
certification of the qualifying exigency for military family leave. The employee must
respond to such a request within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a denial of
continuation of leave. This certification will be provided using the DOL Certification of
Qualifying Exigency for Military Family Leave.
vi. Certification for Serious Injury or Illness of Covered Servicemember for Military
Family Leave - The City will require certification for the serious injury or illness of the
covered servicemember. The employee must respond to such a request within 15
days of the request or provide a reasonable explanation for the delay. Failure to
provide certification may result in a denial of continuation of leave. This certification
will be provided using the DOL Certification for Serious Injury or Illness of Covered
Servicemember. All other provisions of the FMLA policy, including Use of Paid Leave,
Employee Status and Benefits During Leave, Procedure for Requesting Leave, and
Benefits During Leave and Reinstatement, are outlined above in the FMLA policy.
Family Care and Safety Leave
Employees shall be able to use up to 160 hours of accrued personal sick leave per year to care for an
adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or
stepparent on the same terms upon which the employee is able to use sick leave benefits for his/her
own illness or injury or for reasonable absences for themselves or family members as previously
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defined who are providing or receiving assistance because they, or a relative, is a victim of sexual
assault, domestic abuse, or stalking. "Spouse" - does not include unmarried domestic partners.
Family care and safety leave uses a “rolling 12-month period” measured backward from the date
leave is taken and continuous with each additional leave day taken. If used, family care and safety
leave shall be eligible for any sick leave earned back or replacement provisions. Family care and safety
leave cannot be carried over to a subsequent year and employees shall not be eligible for pay for any
unused family care leave. Proof of sickness or disability will need to be provided for any “family”
member.
Pregnancy and Parenting Leave
Employees who work twenty (20) hours or more per week and have been employed more than one
year are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave Act
of Minnesota. Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or
related health conditions as well as a biological or adoptive parent in conjunction with th e birth or
adoption of a child is eligible for up to 12 weeks of unpaid leave and must begin within twelve (12)
months of the birth or adoption of the child. In the case where the child must remain in the hospital
longer than the mother, the leave must begin within 12 months after the child leaves the hospital.
Employee should provide reasonable notice, which is at least three (3) days. If the leave must be
taken in less than three (3) days, the employee should give as much notice as practicable.
Employees are required to use accrued leave (i.e., sick leave, vacation leave, etc.) during Parenting
Leave. If the employee has any FMLA eligibility remaining at the time this leave commences, this
leave will also count as FMLA leave. The two leaves will run concurrently. The employee is entitled
to return to work in the same position and at the same rate of pay the employee was receiving prior
to commencement of the leave. Group insurance coverage will remain available while the employee
is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be
responsible for the entire premium unless otherwise provided in this policy (i.e., where leave is also
FMLA qualifying). For employees on an FMLA absence as well, the employer contributions toward
insurance benefits will continue during the FMLA leave absence.
Military Leave
State and federal laws provide protections and benefits to city employees who are called to military
service, whether in the reserves or on active duty. Such employees are entitled to a leave of
absence without loss of pay, seniority status, efficiency rating, or benefits for t he time the employee
is engaged in training or active service not exceeding a total of 15 days in any calendar year.
The leave of absence is only in the event the employee returns to employment with the city as
required upon being relieved from service, or is prevented from returning by physical or mental
disability or other cause not the fault of the employee, or is required by the proper authority to
continue in military or naval service beyond the fifteen (15) day paid leave of absence. Employees
on extended unpaid military leave will receive fifteen (15) days paid leave of absence in each
calendar year, not to exceed five years.
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Where possible, notice is to be provided to the city at least ten (10) working days in advance of the
requested leave. If an employee has not yet used his/her fifteen (15) days of paid leave when called
to active duty, any unused paid time will be allowed for the active duty time, prior to the unpaid
leave of absence.
Employees returning from military service will be reemployed in the job that they would have
attained had they not been absent for military service and with the same seniority, status and pay,
as well as other rights and benefits determined by seniority. Unpaid military leave will be
considered hours worked for the purpose of vacation leave and sick leave accruals.
Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen (15)
days will follow the same procedures as for any employee on an unpaid leave of absence.
Employees will be granted up to ten (10) working days of unpaid leave whose immediate family
member is a member of the United States armed forces who has been injured or killed while
engaged in active service. The 10 days may be reduced if an employee elects to use appro priate
accrued paid leave.
Unless the leave would unduly disrupt the operations of the city, employees whose immediate
family member, as a member of the United States armed forces has been ordered into active
service in support of a war or other national emergency, will be granted an unpaid leave of absence,
not to exceed one day’s duration in any calendar year, to attend a send -off or homecoming
ceremony for the mobilized service member.
Bereavement Leave
An employee shall be granted a paid bereavement leave up to three (3) working days in each case of
death of an immediate family member. Immediate family shall be defined as the employee's spouse,
child, parent, sibling, grandparent, and grandchild and shall include the parents and siblings of the
employee's spouse.
One day with pay shall be allowed in the event of the death of any other relative and/or when an
employee is selected to be a pallbearer in a funeral and/or is required to perform Color Guard
activities as an active member of the United States Armed Forces including reserve forces.
Catastrophic Leave Program
POLICY PURPOSE:
The purpose of this policy is to establish a catastrophic leave program for City employees. This program
allows employees to donate earned paid leave credits with the exception of sick leave or compensatory time,
to employees who have a catastrophic need.
POLICY DEFINITIONS:
Definitions specific to this policy:
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“Catastrophic need” means a significant financial hardship that is due to an illness, medical condition, or
injury that incapacitates or is expected to incapacitate an employee or an employee’s family member that
requires the employee to take unpaid time off from work for an extended period of time, as defined by the
City.
“Donor” means any person meeting the eligibility requirements set forth in this policy.
“Family member” includes all of the following:
Employee’s legal spouse
Children of the employee or of the employee’s spouse (biological, adopted, step or foster child, or
legal ward);
Parents of the employee (biological, adoptive, stepparent, foster parent or legal guardian)
“Leave credits” means vacation, vacation carryover, personal holiday, accrued legal holiday/floating legal
holiday and leave in a paid leave bank. “Leave credits” do not include sick leave or compensatory time-off
credits.
“Recipient” means any person meeting the eligibility requirements.
POLICY:
This policy establishes procedures for the catastrophic leave program for City staff who hold a position that is
eligible for sick leave.
The catastrophic leave program allows employees to donate earned paid leave credits, other than sick leave
or compensatory time, to City employees who have a catastrophic need. Great care should be taken to
protect the confidentiality and the medical status of the recipient and of the recipient’s family.
A. Determining Recipient Eligibility
(1) Eligible Recipient Criteria
To be an eligible recipient an employee must satisfy all of the following conditions:
(a) Must be an active City employee who earns sick leave; and
(b) Must be in a permanent appointment. Employees in seasonal hourly or temporary appointments
are not eligible for this program; and
(c) Be on approved unpaid leave of absence due to a catastrophic need of the employee or an
immediate family member. The unpaid leave may be taken in non-continuous increments that
are no shorter than one hour; and
(d) Must submit an Employee Request for Catastrophic Leave form to Human Resources who
determines recipient eligibility; and
(e) Must have used all available sick leave credits earned; and
(f) Must have an accrued leave balance of no more than 16 hours of combined earned vacation,
vacation carryover and personal holiday; and
(g) Must not be receiving other salary replacement income. Salary replacement income may
include, but is not limited to:
a. Replacement income from other employment
b. Income Continuation Insurance
c. Workers Compensation
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d. Unemployment Compensation
e. Social Security
f. Private insurance
(h) Be approved as an eligible recipient by Human Resources.
(2) Required Recipient Forms
(a) A potential recipient must complete an Employee Request for Catastrophic Leave
(b) Human Resources will determine recipient eligibility consistent with program policies and
guidelines and complete an Employer Approval of Catastrophic Leave. Such information or
correspondence shall be treated in a highly confidential manner due to the personal/medical
nature of the request.
(c) If the leave meets the requirements and conditions of the Minnesota and the Federal Family and
Medical Leave Acts, it should be charged to the employee’s FMLA allocation, if available.
B. Determining Donor Eligibility
(1) Potential donors must complete a Catastrophic Leave Donor Authorization form. Human Resources
will determine donor eligibility consistent with program policies and guidelines.
(2) To be an eligible donor, the employee must be actively employed at the City and have accrued leave
credits available for donation.
C. Leave Credit Donations
(1) All employees who meet the eligibility requirements of this policy may benefit from leave donated
under this program. Recipients of donated leave may accept any type of eligible leave donation. For
example, a donor may donate personal holiday. The recipient may use the leave donated in one-
hour increments.
(2) A donor may donate leave credits to any eligible recipient.
(3) Leave credits may be donated in whole-hour increments only.
(4) A donor may donate as frequently as the donor desires and may donate to more than one recipient
(i.e., there is no limit on number of accrued leave hours a donor may donate).
(5) Donated leave credits will be deducted from a donor’s official leave accounting balance when the
credits are actually used by the recipient. If a donor uses donated leave credits prior to use by the
recipient, the donation is negated.
(6) Donation leave credits will not be accepted if the recipient is no longer covered by catastrophic leave
provisions (e.g. due to the recipient’s return to work, end of employment or resolution of the
catastrophic need).
(7) The City is required to maintain adequate documentation to support leave use and adjustments to
leave balances.
(8) Leave donated for the purpose of a catastrophic illness or medical need shall in no way assume the
rights, character or benefits of sick leave.
D. Leave Credit Usage by Recipients
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Donated leave credits will be processed only after a catastrophic leave has been approved and notice
provided to the appropriate payroll or human resources office pursuant to established institutional
procedures.
(1) There is no limit to the number of donated leave credits a recipient may receive, subject to (a) – (f)
below.
(a) A recipient may only use donated leave consistent with the recipient’s regularly scheduled hours
per pay period at the time the unpaid leave began. Exception – if the employee is working a
reduced schedule due solely to the catastrophic need, the employee may use catastrophic leave
up to the employee’s regular appointment percentage in absence of the catastrophic need.
“Regularly scheduled hours” does not include overtime hours or hours worked in excess of the
employee’s appointment percentage.
(b) Donated leave credits may be used by the recipient retroactively. For a recipient who
subsequently leaves the position and is no longer an eligible employee or who terminated City
employment, donated leave credits may only be used up to the date of ineligibility or
termination.
(c) Donated leave credits will be used on a first-in, first-used basis as determined by the date of
receipt of the Catastrophic Leave Donor Authorization form at the payroll office.
(d) Leave credits earned by the recipient while using donated leave credits will be used prior to the
donated leave credits
Example: If an employee remains on payroll by using donated paid leave credits, the employee
will continue to earn sick leave for the entire time in pay status. This earned sick leave should be
used before donated paid leave credits are used.
(e) If a legal holiday falls in a pay period in which a recipient is using paid leave credits, the employee
is eligible to receive legal holiday pay provide the employee is otherwise eligible for legal holiday
pay.
(f) At no time may payments received under the Catastrophic Leave Program or any other City
sponsored income replacement program, be collected simultaneously.
(2) Leave credits donated to recipients are not subject to the carryover provisions and limitations
regarding vacation, vacation carryover, and personal holiday. The leave credits must be donated
prior to the leave expiration date.
Example: Personal holiday hours expire at the end of each calendar year for City staff. A City staff
employee can donate unused personal holiday hours on December 30 of a year and the recipient
may use these hours on or after January 1. These hours do not expire provided they are donated
before they are lost.
(3) Donated leave credits will not be reflected on the recipient’s official leave accounting balance until
the pay period in which the credits are actually used by the recipient.
(4) The donated leave credits will be paid to the recipient at the recipient’s wage rate during the pay
period in which the credits re used.
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E. Catastrophic Leave and Insurance Benefits
When an employee is using donated leave credits to remain on payroll, benefit deductions should
continue to be deducted from earnings; however, donated leave cannot be used intermittently to
extend the employer contribution toward benefits.
F. Appeal Provisions
No employee may grieve the City’s decision relative to the catastrophic leave program.
PROCEDURE
A City staff member on an approved unpaid leave of absence due to a catastrophic need and meeting all of
the eligibility requirements outlined herein may request to receive donated earned paid leave credits (other
than sick leave or compensatory time) from City staff. The employee must complete the Employee Request
for Catastrophic Leave form and submit it to Human Resources to be considered a recipient of catastrophic
leave.
Human Resources will determine if the applicant is eligible to participate and will complete the Employer
Approval of Catastrophic Leave form within five (5) business days. If eligible, the employee or designee will
solicit donations from eligible staff by whatever method deemed appropriate ensuring that care is taken to
protect the confidentiality and the medical status of the recipient and their family.
Any City staff who earns sick leave is eligible to donate leave credits (vacation, vacation carryover, personal
holiday, accrued legal/floating holiday) in one-hour increments. Staff wishing to donate leave must complete
and submit the Catastrophic Leave Donor Authorization form to the appropriate payroll specialist. There is
no limit to the frequency of donations or the number of leave hours donated.
Leave may be taken in non-continuous increments that are no shorter than one hour and will be used on a
first-in, first-used basis. Application and donations are valid through the duration of the approved leave. The
payroll specialist will return unused donation forms to donor upon conclusions of the approved leave. If
there is a need for catastrophic leave at a later date, the employee must reapply, be reviewed, and new leave
donations collected.
Jury Duty/Court Appearance
Regular full-time and regular part-time employees shall be granted leaves of absence for required
jury duty. Such employees shall receive that portion of their compensation that will, with their jury
pay, equal their total compensation for the same period. The time spent on jury duty shall not be
counted as time worked in computing overtime. Employees excused or released from jury duty
during their regular working hours shall report to their regular work duties as soon as possible or will
take accrued vacation or compensatory time to make up the difference.
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Employees shall notify their Supervisor as soon as possible after receiving notice of report for jur y
duty. The employee will be responsible for ensuring that a report of time spent on jury duty and pay
form is completed by the clerk of court each day so the City will be able to determine the amount of
compensation due for the period involved.
Temporary and seasonal employees are generally not eligible for compensation for absences due to
jury duty, but can take a leave without pay subject to department head approval. However, if a
temporary or seasonal employee is classified as exempt, he/she will recei ve compensation for the
jury duty time.
Employees will be paid their regular wage to testify in court for city-related business. Any compensation
received for court appearances (e.g. subpoena fees) arising out of or in connection with city employment,
minus mileage reimbursement, must be turned over to the City.
Elections and Time Off for Voting
An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time
off without pay for purposes of serving as an election judge, p rovided that the employee gives the
city at least twenty (20) days written notice.
All employees eligible to vote as a State general election, at an election to fill a vacancy in the office
of United States Senator or Representative, or in a Presidential primary, will be allowed time off to
vote on the election day. Employees wanting to take advantage of such leave are required to work
with their supervisors to avoid coverage issues.
School Conference and Activities Leave
A full-time or part-time employee who has worked at least twenty (20) hours per week may take up
to sixteen (16) hours unpaid leave during any twelve (12) month period to attend school-related
activities for the employee’s child which cannot be scheduled during non-work hours. The employee
must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave
so as not to disrupt City operations. The employee may elect to use accrued vacation time for this
leave.
Leave of Absence without Pay
All requests for leave without pay must be submitted in writing to Human Resources. Upon
consideration of the written request by an employee stating the length of time and reason for the
request for leave, an unpaid leave of absence not to exceed ninety (90) calendar days may be granted
at the discretion of the City Administrator based on consideration of the following factors:
City’s staffing needs;
the employee’s performance record and length of service;
the reason(s) for the request;
any other relevant information.
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All vacation, compensatory time, and sick leave (if applicable) must be exhausted before leave
without pay is taken. Leave without pay for greater periods (beyond 90 days) may be granted by the
City, in rare cases such as disability accommodation.
Benefits including vacation, holidays, sick leave or other forms of indirect compensation shall not
accrue, nor will employees be paid for these benefits, during a period of unpaid leave of absence.
Leaves of absence from a public position covered by Minnesota ’s Public Employee Retirement
Association (PERA) may affect PERA earnings. Two factors, service and salary, may be affected by the
leave. Employees may purchase missing employee and employer contributions plus interest to
restore service or salary lost during an authorized leave. The leave purchase is optional.
Employees on approved leave without pay and eligible for Continuation of Benefits may continue to
be covered by group health insurance, through COBRA, and will be responsible for paying one
hundred (100) percent of the premium costs, including the employer’s contribution.
Employees receiving leave without pay in excess of ninety (90) calendar days, for reasons other than
qualified Parenting Leave or FMLA, are not guaranteed return to their original position. If their original
position or a position of similar or lesser status is available, it may be offered at the discretion of the
City Administrator.
Bone Marrow/Organ Donation Leave
Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40
hours, unless agreed to by the City, to undergo medical procedures to donate bone marrow or an
organ. The 40 hours is over and above the amount of accrued time the employee has earned .
The City may require a physician’s verification of the purpose and length of the leave requested to
donate bone marrow or an organ. If there is a medical determination that the employee does not
qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior
to that medical determination is not forfeited.
Nursing Mother
The City will provide reasonable unpaid break time each day to an employee who needs to express
breast milk for her infant child. The break time must, if possible, run concurrently with any break
time already provided to the employee, per Minnesota statute. The city will provide a room or
other location, in close proximity to the work area, other than a bathroom or a toilet stall that is
shielded from view and free from intrusion from coworkers and the public and includes access to an
electrical outlet, where the employee can express milk in private.
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Employee Benefits (Section 9)
The City makes a competitive monthly contribution toward group health, dental and life insurance
benefits. Employees are encouraged to look closely at this contribution as part of their overall total
compensation package with the city.
Medical Insurance
Various insurance policies, including group medical insurance, may be available for eligible City
employees and their dependents. The eligibility requirements and benefits provided shall be
specified in materials provided by the respective insurance carriers. The respective insurance carriers
may have different requirements concerning the eligibility of employees and dependents. The
requirements of the respective carrier will govern eligibility.
In accordance with federal health care reform laws and regulations, while avoiding penalties, the
City will offer medical insurance benefits to eligible employees and their dependents that work on
average or are expected to work 30 or more hours per week or the equivalent of 130 hours or more
per month. The amount to be contributed and the type of coverage will be determined annually by
the City Council and may be incorporated into respective collective bargaining agreements.
For information about coverage and eligibility requirements, employees should refer to the
summary plan description or contact Human Resources at 651-430-8800.
Pursuant to applicable State or Federal law requirements, employees who separate from
employment with the City for any reason other than retirement may be eligible to continue the group
insurance program for a period of time. Changes in family status, eligibility for Medicare, or death of
a spouse may also warrant continuing coverage. The employee must pay the premiums for this
continuation of coverage. Contact the Human Resources Department for additional information.
Group Life Insurance
The employer will provide a $30,000 term life insurance po licy for each permanent-status
employee.
Employee Assistance Program
The City of Stillwater offers its employees Employee Assistance Program (EAP) services that provide
short term assessment and brief counseling for a wide variety of personal and work -related wellness
concerns. With this service, the City’s employees and their family members have an array of EAP
options including:
Counseling
24-hour telephone crisis intervention
Chemical dependency case management and relapse prevention
Financial counseling
Legal consultation and referral
In-person, webinar and website access to on-line videos
Quarterly newsletter
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Retirement/PERA
The City participates in the Public Employees Retirement Association (PERA) to provide pension
benefits for its eligible employees to help plan for a successful and secure retirement. Participation
in PERA is mandatory for most employees, and contributions to PERA begin immediately. The city
and the employee contribute to PERA each pay period as determined by state law. Most e mployees
are also required to contribute a portion of earnings each pay period for Social Security and
Medicare and where applicable, the city matches the employee’s Social Security and Medicare
contribution.
Appendix
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Social Media Guidelines for City of Stillwater Sites or Accounts
The following MUST be adhered to when posting content:
Do not upload, post, transmit or make available content known to be false, misleading or fraudulent. All
statement should be true and not misleading. Do not post photos that infringe on trademark, copyright or
patent right of others.
Non-public and confidential information such as information related to coworkers, personnel data, medical
information, claims or lawsuits against the city should not be shared.
Do not post content that exhibits hate, bias, discrimination, pornography, libelous or otherwise defamatory
content.
Only post content that is suitable for readers and viewer of all ages. Do not post content that a reasonable
viewer may not consider to maintain the dignity and decorum appropriate for government.
Do not post any photo or video without permission of each person in the photo or video. Do not post the
name of any individual without permission from that person.
Some employees of the City of Stillwater have the opportunity in the performance of their jobs to take
pictures or video of incidents such as crime scenes, car accidents etc. This content, no matter if it is obtained
with city equipment or personal equipment, will not be allowed to be posted in any social media or online
community situation. For example, a fire fighter that takes pictures of a burning home on his personal cell
phone will NOT be allowed to post that content to ANY social media site. If you are allowed to obtain that
content because you are an employee of the City of Stillwater then you are not allowed to use it without
permission from the City of Stillwater. Content of this type is very sensitive and could cause the city to face
legal issues if used. This applies mostly to public safety employee, but is applicable to all employees of the
City of Stillwater.
Post meaningful and respectful comments. Do not spam, inflame or make comments that are offensive.
Posting may include:
City events
City partner events (i.e., Lumberjack Days, Art Festivals, etc.)
Not-for-profit fundraisers held in the City
Posting not allowed:
Sales at retail stores
Garage sales, etc., for individual profit
Events hosted entirely or primarily for a private gain
Political Commentary
Always think before posting.
Respect proprietary information, content and confidentiality. Give credit to persons when required or
appropriate.
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Be transparent. Be clear about the role for the City of Stillwater so as to identify vested interest in the shared
information.
Know and follow the City’s rules for conduct, Internet Policy and the Social Media Policy.
Be aware that some information is confidential and/or sensitive until deemed available for public release.
Employees are expected to maintain this confidentiality.
Statements and posts should provide the community with information to improve their knowledge, skills,
solve problems, or to better understand City government and community activities.
Social media is a conversation; communicate to the community in a professional manner. Be a leader while
communicating and do not create incendiary statements to inflame others. Be careful and considerate of
other points of view.
Posting guidelines:
No more than 1or 2 posts per day on the site
Please keep sites updated
Post events close to the event date and post a reminder close to the event date.
SOCIAL MEDIA GUIDELINES FOR SITES OR ACCOUNTS OUTSIDE OF THE CITY OF STILLWATER
The City of Stillwater realizes that employees of the City of Stillwater may be responsible for social media or
online community content that is not owned by the City of Stillwater or have their own personal social media
or online community accounts. The guidelines outlined above are effective for any content that is city-
related or obtained as part of your employment with the City of Stillwater.
The City of Stillwater Logo may not be used on any social media site or online community that does not
belong to the City of Stillwater.
PASSWORDS AND PHYSICAL SECURITY OF EQUIPMENT
Employees are responsible for maintaining computer passwords and following these guidelines:
Passwords must be at least six (6) characters long and contain characters from three of the following five
categories: uppercase, lowercase, digits, non-alphanumeric, and Unicode characters. Passwords also cannot
contain three or more characters from the user’s account name.
The same password shall not be used for City of Stillwater accounts as for other non-City access (e.g.
personal e-mail account, banking account, etc.).
Passwords should not be shared with anyone. If it is necessary to access an employee’s computer when he
or she is absent, then contact the City’s Information Systems Department.
Passwords should not be inserted into e-mail messages or other forms of electronic communication.
Passwords should not be stored in any location on or near the computer. If necessary, store passwords in a
document or hard copy file that is locked. Do not store a password electronically (in a palm pilot or cell
phone system).
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The computer system will prompt employees to update passwords every six months. Employees must change
passwords when prompted.
The "Remember Password" feature of applications shall not be used.
The format of a password (e.g., "my family name") shall not be revealed.
GUIDELINES FOR PASSWORD CREATION
Strong passwords have the following characteristics:
Contain both upper and lower case characters (e.g., a-z, A-Z)
Have digits and punctuation characters as well as letters e.g., 0-9, !@#$%^&*()_+|~-=\`{}[]:";'<>?,./)
Are not words in any language, slang, dialect, jargon, etc.
Are not based on personal information, names of family, etc.
All computers, laptops, and workstations must be secured with a password protected screensaver with the
automatic activation feature set at 15 minutes or less. Do not leave city computer equipment in an unlocked
vehicle or unattended at any off-site facility (airport, restaurant, etc.).
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Telecommuting Agreement Form
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
Telecommuting Agreement
Employee
Name (Print):
Signature:
Title:
Date:
Supervisor (Employer)
Department (Print):
Signature:
Title:
Date:
Appropriate Departmental Administrator (Employer)
Name (Print):
Signature:
Title:
Date:
Human Resources Representative
Name (Print):
Signature:
Title:
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Date:
City Property Provided to Employee by Department
Telecommuter/Employee (Print):
Home Phone:
Home Address:
Below is a list of Employer property provided to Employee as part of the Telecommuting
Agreement. As set forth in the accompanying Agreement, the Employee is required to return
City property to the Employer upon the termination of the Telecommuting Agreement.
Item Dated Provided Initials
1. Computer hardware:
Describe:
2. Computer software:
Describe:
3. Office supplies:
Describe:
4. Other:
Property Provided by Employee
Below is a list of Employee property provided for the Telecommuting Agreement.
Item Dated Provided Initials
1. Modem/Internet connection:
2. Phone line (Home):
3. Voice Mail/Answering machine:
4. Other:
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Telecommuting Work Area Safety Certification
Telecommuter/Employee (Print):
Home Phone:
Home Address:
By entering into this Telecommuting Agreement, the Employee certifies that the home work area is as
described below and is safe:
Work Station Set-Up:
Yes No The work area is located in the area of this home:
Yes No The work area is separate from major family activity areas.
Yes No The work area is clear of major traffic patterns during work hours.
Yes No The work area is void of background/distracting noise during work hours.
Yes No The work area and property are secured.
Yes No The work area and equipment are ergonomically appropriate.
Safety:
Yes No There are safe exit paths from the work area.
Yes No There is an established evacuation plan.
Yes No There is a functional smoke detector present.
Yes No There is a fire extinguisher accessible from the work area.
Yes No There are adequate first aid supplies available near the work area.
Yes No The extension/power cords in the work area are in safe condition and do not pose a tripping
problem.
Yes No The electrical outlets in the work area are not overloaded.
Yes No The air quality and ventilation in the work area is adequate.
Yes No The work area is reasonably uncluttered so that it does not pose any hazard.
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Property Insurance
Yes No I have homeowners or renters insurance to include liability coverage.
Employee’s Name (Print):
Employee’s Signature:
Date:
Employer’s Authorization:
Name (Print):
Signature:
Name of Department:
Job Title:
Date:
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Employee’s Telecommuting Work Schedule
Telecommuter/Employee (Print):
Home Phone:
Home Address:
Home Office Site
1. Employee has designated the following location in his/her home as the home work area:
2. Employee has read and agreed to abide by equipment and home office safety guidelines pursuant to
paragraph B, Safety, above.
Work Schedule
Employee has volunteered to begin a telecommuting arrangement whereby Employee would work from
Employee’s home as show below. Scheduling changes may be made at the discretion of the Employer or by
mutual agreement.
Employee will work the following schedule from the home office location:
Monday to
Tuesday to
Wednesday to
Thursday to
Friday to
As specified in the Agreement, the Employee will notify Employer/supervisor on a scheduled telecommuting
day if unable to perform telecommuting duties. The Employee may work at home when employees working
at the office have been dismissed or excused from reporting due to any emergency or inclement weather.
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Supervisor’s Checklist for Telecommuters
Name of Telecommuter/Employee:
Name of Supervisor/Employer:
Department/Unit:
Date Completed:
Place a check mark in the box before each sentence to show that the described action was taken.
Employee has read orientation documents and the telecommuting policy.
Employee has been provided with a schedule of core hours or guidelines for flexing work hours.
Performance expectations have been discussed and are clearly understood. Assignments and due
dates are documented.
Requirements for adequate and safe office space at home have been reviewed with the employee,
and the employee certifies that those requirements have been met.
Equipment issued (if any) is documented.
Requirements for care of equipment assigned to the Employee (if any) have been discussed and are
clearly understood.
The Employee is familiar with the City’s requirements and techniques for computer information
security.
Contact procedures and expectations have been clearly defined.
The Employee and Supervisor have read and signed the Telecommuting Agreement prior to actual
participation in the program.
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Receipt and Acknowledgement of Employment Policy Manual
I have received the City of Stillwater’s Employment Policy Manual. I understand that this signed
receipt and acknowledgement page will be kept in my personnel file.
Signature
Print Name
Date