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HomeMy WebLinkAbout12.19.11 Council Packet City of Farmington 430 Third Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Christy Fogarty Terry Donnelly Julie May AGENDA REGULAR CITY COUNCIL MEETING DECEMBER 19,2011 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (This time is reservedfor citizen comments regarding non-agenda items. No official Council action can be taken on these items, Speakers are limited to fIVe minutes to address the Council during "Citizen Comment" time.) 7. CONSENT AGENDA a) Approve Council Minutes (12/5/11 Regular) b) Adopt Resolution - Accept Donation from Farmington Travel Baseball Association for Prairieview Park Ballfield Improvements - Parks and Recreation c) Set Date Board and Commission Interviews - Administration d) Adopt Resolution - Approve Gambling Event Permit Knights of Columbus - Administration e) November 2011 Financial Report - Finance t) Approve HPC Consultant Contract - Planning g) Approve Fire Chief Appointment - Administration h) Approve Rescue Squad Membership - Fire Department i) Adopt Resolution - Approve AFSCME Clerical, Technical and Professional Unit Settlement - Human Resources j) Adopt Resolution - Approve AFSCME Maintenance Unit Settlement - Human Resources k) Adopt Resolution - Approve Annual Adjustment for Non-Represented Employees - Human Resources Action Taken Approved R59-11 January 9,2012 R60-11 Information Received Approved Approved Approved R61-11 R62-11 R63-11 I) Approve Contract with Check Diversion Program, LLC - Police Department m) Approve Bills REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. If you wish to address the Council regarding any or all of the items on the Regular Agenda, please address the item when the item is discussed. Speakers will be given at least three minutes to speak per item. Additional time may be granted to speakers representing two or more persons.) Approved Approved 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Ordinance - Amending the City Code Concerning Variances, Nonconformities and Shoreland Management Regulations - Planning b ) Year End 2030 Comprehensive Plan Review - Planning Ord 011-642 Information Received 11. UNFINISHED BUSINESS a) Approve City Administrative Policy and Procedures Manual- Human Resources Approved Except for 5.2, 6.6,5.13,5.15, 6.4 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents . . . . . . . . . . .3 Agenda. . . . . . . . . . . . . . . . . . . . Approve Council Minutes (12/5/11 Regular) Council Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Adopt Resolution Accept Donation from Farmington Travel Baseball Association for Prairieview Park Ballfield Improvements memo. . . . . . . . . . . . . . . . resolution . . . . . . . . . . . . . . Set Date Board and Commission Interviews Memo. . . . . . . . . . . . . . . . . . . . . . . . . . Adopt Resolution - Approve Gambling Event Permit Knights of Columbus Memo. . . . . . . . . . . Resolution. . . . . . . . . November 2012 Financial Report November 2011 Financial Report - Memo. November Monthly Report . . . . . . . . Approve HPC Consultant Contract HPC Consultant Services Contract memo HPC Consultant Contract 2012. . . . . . Approve Fire Chief Appointment Memo. . . . . . . . . . . . . Approve Rescue Squad Membership Memo. . . . . . . . . . . . . Adopt Resolution - Approve AFSCME Clerical, Technical,and Professional Unit Settlement 2012 CTP Agrmt. . . . . . . . . . . . . . . . . . CTP _2012. . . . . . . . . . . . . . . . . . . . . Adopt Resolution - Approve AFSCME Maintenance Unit Settlement 2012 Maint Agrmt. . . . . . . . . . . . . . . . . MainC2012 . . . . . . . . . . . . . . . . . . . . Adopt Resolution - Annual Adjustment for Non-Represented Employees - Human Resources Cola-Non-Barg 2012. . . . . . . . . . . . . . . . COLA_NB 2012. . . . . . . . . . . . . . . . . . Approval of Contract with Check Diversion Program, LLC. Check Diversion Program Memo 12-19-11 . Check Diversion Program LLC contract. . . . . . Approve Bills List of Bills. . . . . . . . . . . . . . . . . . . . . . . . . . . . Adopt Ordinance - Amending the City Code Concerning Variances, Nonconformities and Shoreland Management Regulations 1 . 14 . 15 . 16 . 17 . 18 . 19 .21 .27 .28 .30 .31 .32 .34 .35 .37 .38 .39 .40 .41 .49 Variance & Nonconformity Ord CCmemo. . . . . . . . . 73 Variance and Nonconformity amendment Ord . . . . . . 75 Variance and Nonconformity amendment SUMMARY ORD. . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Year End 2030 Comprehensive Plan Review Comp Plan Update 2011 . . . . . . . . . . . . . . . 82 CHAPTER 5. . . . . . . . . . . . . . . . . . . . . . 83 Approve City Administrative Policy and Procedures Manual P&P manual comparison memo 2011. . 85 Current P&P Manual1. . . . . . . . . . . . . . . . . 91 2 7a- COUNCIL MINUTES REGULAR December 5, 2011 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Bartholomay, Donnelly, Fogarty, May None Joel Jamnik, City Attorney; David McKnight, City Administrator; Teresa Walters, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Lenny Hall, Mona Miller, Jeff Thelen, Tim Thompson 4. APPROVE AGENDA Councilmember Fogarty pulled item 7e) Annual Adjustment for Non-Represented Employees for discussion. City Administrator McKnight pulled this item from the agenda. MOTION by Fogarty, second by Donnelly to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Ms. Michelle Leonard, 1185 Marion Street, St. Paul, was representing the American Legion Auxiliary. The Auxiliary held an omelet breakfast and raised $1,000 for the Rambling River Center. On Sunday another omelet breakfast will be held and proceeds will go to Toys for Town. Attendees can bring a toy and receive $1 off their omelet. She presented a check for $1,000 to the City Council. Ms. Leonard noted the American Legion is in bankruptcy. They have received an extension from the bank so they will be open through the end of the year. 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approved Council Minutes (11/21/11 Regular) (11/22/11 Workshop) (11/28/11 Special) (11/28/11 Workshop) b) Approved Taxicab License Renewal- Administration 5 Council Minutes (Regular) December 5, 2011 Page 2 c) Approve Temporary On-Sale Liquor Licenses VFW - Administration d) Approved Not to Waive Tort Liability Limits - Finance f) Adopted RESOLUTION R55-11 Accepting Omelet Breakfast Fundraiser Donation to the Rambling River Center - Parks and Recreation g) Adopted RESOLUTION R56-11 Accepting Miscellaneous Donations to the Rambling River Center - Parks and Recreation h) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Adopt Resolution - Approve 2012 Tax Levy and Budget - Finance The City Council has held numerous workshops over the past six months. In September the Council adopted a preliminary budget with an increase of 11.9%. Three budget open houses were held to allow the public to comment on the budget. At the November 28,2011 budget workshop, Council directed staff to put together a budget and propose a 1.65% reduction to the levy. This budget is now brought to Council for approval. Finance Director Walters presented a chart showing how the 1.65% reduction is distributed. There was an increase in the general fund of $227,980. There was also a market value homestead credit reduction of$412,051. The fIre relieflevy increased by $48,825. This brings the general levy total to a negative $135,246. With a slight decrease in the debt service levy, this brought us to the negative 1.65% which is a negative $141,192. Many changes were made to the preliminary budget to arrive at this amount: - We increased the budget by half of an SRO position that will be eliminated by the school in June 2012. Budget reductions were used to offset this increase. - We utilized $120,000 in fiscal disparity revenue to eliminate the defIcit in the Rambling River Center. - We transferred an additional $50,000 to the EDA to eliminate the inter-fund loan. - Some plans were eliminated from the preliminary budget, but kept the following: Seal coating $350,000 Fire equipment $36,000 Trail maintenance $15,000 Building maintenance $5,000 The preliminary budget included additional fIscal disparity revenue which was used to bring down the levy. There was also $162,000 in budget reductions from 6 Council Minutes (Regular) December 5, 2011 Page 3 all departments. Other reductions included the cleaning contract, audit contract, bond refunding, and health and long term liability insurance. During the 2012 budget process, the State made some changes to the way the market value homestead credit is credited to property owners. The new method will provide homeowners relief by shifting property taxes to commercial, industrial, and non-homestead residential properties. The State will reduce the taxable market value so you are paying property taxes on a taxable value instead ofa market value. Finance Director Walters presented a chart showing the impact on various properties. The average homestead property with a market value of $193,000 has a taxable value of$173,130. With the preliminary budget, this property saw an increase of$172.0l/year. With the proposed fmal budget, that same property is now seeing a tax increase of$27.65/year. There is a significant difference between the preliminary budget, which was reflected on the estimated tax statement, to this proposed fmal budget. Ms. Mona Miller, 521 3rd Street, stated for the commerciaVindustrial with a market value of $750,000 the taxes will increase by $1,259.73. Finance Director Walters noted that was with the preliminary budget. With the proposed budget it is $540.15. Councilmember May stated regarding seal coating she proposed we assess for half so we would delay seal coating until 2013. Councilmember Fogarty stated if we levied $290,000 instead of$350,000 we could seal coat in 2012. City Engineer Schorzman stated if you assess 50% you have two options. One is to levy for the full cost of the first year, because assessments come in a year after we do the project, or you levy for half of the cost and then delay seal coating for a year. We have to have the money to pay the contractor. Councilmember Fogarty stated right now we have $350,000 in the budget, so ifwe decided to do seal coating in 2012 we could levy for $290,000 with a $60,000 savings or do $175,000 and then not seal coat until 2013. She would be in favor of seal coating for 2012 which would not be as much ofa reduction for 2012. Councilmember May wanted to delay until 2013. Ifwe are going to choose a plan, let's stick to the plan. One ofthe reasons she has changed her mind is to provide more relief for our commercial businesses. Let's make a decision whether it will be to levy for the full amount, or assess for half. There were a lot of workshops and ~~~~~~oo~~~~~po~fu~~~ worked hard to compromise in a lot of different areas and departments. She congratulated her fellow Councilmembers. To the taxpayers, this plan is an outline for the work that has to be done next year. She looked forward to working with everyone on this next year and to hear from the residents. We can look at things with fresh eyes as to how we want to restructure things and determine what our purpose really is and what the residents really want. Councilmember Bartho lomay was not in favor of assessing half for seal coating. We have made a decision, changed our minds, and made a decision. Ifwe put it 7 Council Minutes (Regular) December 5, 2011 Page 4 in the general levy it is more transparent. The non-profIts would not pay, but it still comes out of the same pockets. Councilmember Fogarty was not willing to put off seal coating for another year. Last year when they decided to not seal coat for 2011, she made the comment this is a very slippery slope to keep putting it off. We do not know if our budget will be easier or more difficult next year. She was not willing to put seal coating on the table and will not vote for a budget that does not include seal coating. Councilmember May stated if we set it up to assess for half, how can that change for next year. Councilmember Fogarty stated she was told it would not be cut for 2012. This is how it changes. Councilmember Donnelly stated looking at the big picture, we have decreased the levy, we're doing seal coating, we're taking a chance with fIscal disparities. He wanted to levy for the entire amount for seal coating. Ifwe don't put it in the levy, then maybe we should do a study and determine the value of seal coating. If we think it's useful we should put it in the levy like police and fIre and just do it. Mayor Larson could go both ways. Originally he wanted to do half and half and then at the last workshop, some wanted to levy for the entire amount so he compromised on it and agreed to levy for the entire amount. Right now there are three votes to keep it in the levy. Councilmember May stated she would compromise for the $290,000 and assess half. It would still give reliefto the business community. Mayor Larson stated our plan was $350,000 every year. Councilmember May stated going forward the levy amount would drop starting in 2013. Councilmember Fogarty agreed, in 2013 the levy amount would be $175,000 vs. $290,000. City Engineer Schorzman stated if you choose to levy $290,000 this year, which will cover seal coating for 2012, if you intend to even out the levy which was the $350,000, you will have to make up the difference between $290,000 and $350,000 in the future. Councilmember Donnelly stated you cannot assess for more than it costs. If it only costs $290,000 we can only assess for half of the $290,000. So we levy for $175,000, we assess for $145,000, we still are not where we want to be. City Engineer Schorzman stated that is correct; every year there will be adjustments. Councilmember May stated the levy would go down even more as it would be based offof$290,000. City Engineer Schorzman stated what you would levy for in the next year's budget is whatever assessments you get from the last cycle, and you need to levy for the difference for the next year which would be more than $175,000 in some of those years. Councilmember Fogarty stated eventually it will level off. Our goal is to have a steady number. Mayor Larson stated ifwe levy $350,000 for seven years, it will pay for 100% of the seven year cycle. Councilmember Fogarty stated Councilmember May is proposing assessments and assessments would eventually level off at $175,000. City Engineer Schorzman stated it would level off towards the end of the seven years. Mayor Larson stated we came up with a plan at the last meeting to put 8 Council Minutes (Regular) December 5, 2011 Page 5 $350,000 in for seal coating, it is our seven year plan, so that is what we should do. This will go back and forth forever. Councilmember Fogarty stated this is a philosophical discussion. Is seal coating something we think should be assessed or levied? She felt the assessment policy we have we should keep and we should seal coat in 2012. Councilmember May stated this is also a discussion about an 11 % increase to the business community which was double with the preliminary budget. That is what is driving her discussion. Councilmember Bartholomay stated the 11 % is driven by the market value homestead credit adjustment. We cannot compromise for every agency in the County. Finance Director Walters stated a portion ofthe 11 % is due to the MVHC, but not the entire amount. Councilmember Bartholomay asked what that percent is. Ms. Mona Miller, 521 3rd Street, spoke with the County to fmd out that answer because she was told by Councilmember Bartholomay that it was due to homestead credit. About 1.5% is due to the homestead credit, the rest is due to a tax increase. Councilmember Fogarty stated that cannot be right. We are lowering the levy and asking for less money. Ms. Miller stated her property has had the same market value for the last five years. The other cities have gone down in their tax base, not up and everybody else's taxes in commercial property have gone down. Mayor Larson noted Ms. Miller is talking about an apartment, a non-homestead property. Finance Director Walters stated you need to look at different cities. Farmington has a small percentage of commercial property. When you take a lot of homestead properties and you reduce the taxable value on those homestead properties you are reducing that portion. You still have the same budget that we need to fund. The portion taken from the homestead properties has to be distributed to the commercial base. When you have a City with a large commercial base, you do not see the impact as much. When you have a City with a small commercial base and a large residential base, you are taking a huge chunk and moving it to a small area. It is very different for all cities. Ms. Miller agreed and stated we are comparable with Hastings and Rosemount in commercial vs. residential. City Administrator McKnight noted there is significant difference. Councilmember Fogarty stated we do not have near the commercial as Rosemount or Hastings. Ms. Miller stated we are 10% more. Councilmember Fogarty stated that is because we have vastly smaller commercial. Ms. Miller stated the issue we are dealing with now is in taxing those people for the market valuation of each and every property is going down. The rents received here are not the rents received in Apple Valley and other places. Councilmember Fogarty stated the changes made create a progressive tax system in the cities. If you own a higher value home or a non-homesteaded property, you will not get the buy down the state is offering. The concept your taxes are going up 11 % because we are raising taxes is not true. We are not raising the levy at all. It is the way the taxes are being distributed throughout the City. If you own a home in the City, now the State is taking down the value we can tax and that pushes taxes to the non-homestead and commercial properties. If the County is telling you it is because we are raising taxes 11 %, they are giving you bad information. Ms. Miller did not think so. She was on the phone for two hours and went through it 9 Council Minutes (Regular) December 5, 2011 Page 6 all. Councilmember Fogarty clarified the county told you the City of Farmington is raising taxes 11%. Ms. Miller stated they went up 14%. Councilmember Fogarty stated this is a shift in what the State did. We did not choose for them to lower the homestead values. City Administrator McKnight stated in the preliminary budget we proposed to raise taxes 11 %. Now that has changed to a reduction of 1.65% so Ms. Miller may have been working off the proposed numbers. Now they have changed significantIywhere we are asking for $141,000 less in tax money than 2011. Ms. Miller stated she was working off the first set of numbers. She noted we have to be aware for the exact reason that there are very few of us paying the taxes on the buildings we have so we need to be cognizant of the things that are happening such as seal coating. She has friends that are putting buildings up for sale because they cannot pay everything. Councilmember May stated this is the reason she is bringing up the assessment piece again. Because of the shift, it is putting more ofthe burden on all properties rather than so much on the commercial. Because of our small commercial tax base we have to do what we can to help them out. We cannot afford to lose anymore. Councilmember Fogarty agreed, but cities cannot continue to make up for what the State does. Councilmember May asked how are we making it up? Councilmember Fogarty replied because we are lowering our levy to help offset what they have done in their tax system. We cannot continue to drop our levy every year because the State decides to restructure things and hit our businesses. They created a progressive tax system in our City and there is nothing we can do about it. Councilmember May stated that is why we have to talk about things we can do and one of them is assessing half for seal coating. Ms. Miller stated every City reduced their levy to support their business people. Any way there is to keep it lower would be beneficial. Councilmember Donnelly would like to leave the levy the way we had it otherwise we have to raise the levy again next year. He did not see the $175,000 would make or break a business. Finance Director Walters stated with the seal coating at $290,000 the highest commercial property would increase $502 instead of$540 with levying $350,000 for seal coating. Ifwe levy $175,000 and not seal coat in 2012, this means a $429 increase to commercial properties. Mayor Larson stated we will be going through this every year at seal coating time unless we levy. Councilmember Donnelly stated we left the workshop on Tuesday in agreement that we would levy and everyone knew the numbers. He understood people talk, but nothing has changed; we had all the facts last Tuesday to levy for the $350,000 and agreed on the budget as presented tonight. Councilmember Fogarty wanted to seal coat in 2012. She felt we should assess for half. She will not vote on a budget that does not include seal coating for 2012. Mayor Larson felt we should levy for seal coating. We have a plan to seal coat the whole City in seven years for $350,000. At the end of the seven years we should be close to even. Councilmember Bartholomay agreed with Mayor Larson. We have talked about this since he has been on the Council. We need to make a decision and stick with it. Let's just put it in the levy, be transparent, and be done. 10 Council Minutes (Regular) December 5, 2011 Page 7 Councilmember May stated spreading out the cost among a larger pool of people is the right thing to do. It puts our commercial businesses under a 10% increase. Councilmember Fogarty asked if Mayor Larson and Councilmember Bartholomay are comfortable with the budget as it stands. She knew they had a lot of concerns about using fiscal disparities dollars. Mayor Larson stated he did not want to use fiscal disparities dollars to buy down the levy. It is setting us up for a fall next year, but it was a 3-2 vote in the workshop. Councilmember Bartholomay agreed it could potentially be very dangerous for us. He spoke with the Met Council and asked ifbuying down the levy would set us up worse next year and it will. You are already putting yourself behind by buying down the levy. We would not get as much fiscal disparities next year. We need to at least come up with a compromise such as half of that. Councilmember Fogarty stated the reason she asked, is with using all the fiscal disparities numbers to buy down the levy, you will affect, and we don't know how much, but it will negatively affect our fiscal disparities for next year which puts us in the hole with $367,000 that we will need to fmd and that was concerning to her. Her anger is with the State that they continue to fix their budget with our cities. She wonders what would happen if we left the levy flat and levied exactly what we levied last year. Any increases will have 100% to do with MVHC changes. It also gives the City a contingency budget for any crisis so we would not have to dip into our general fund. She does not like what it does to businesses and non-homestead properties. That is us not asking our taxpayers for a dime more. The shift is all outside our control. Maybe our elected officials at the State need to hear from our residents about the changes they make and how they affect the residents. Councilmember Donnelly stated that is true, but it will hit the commercial harder than we have proposed. The bottom line is Farmington is collecting fewer taxes from the residents than we did last year. The split between homestead and non-homestead is worse than last year, but we cannot fix that. Councilmember Bartholomay stated if the State keeps doing this it is not fair what they are doing to businesses and non- homestead properties. Councilmember May asked if a change is being proposed in the fiscal disparities money. Mayor Larson stated right now it is just a comment on a change. Councilmember May stated calling their State representative is a good idea, but she was not going to tell the tax payers why it is what it is. She was looking at the number as everyone else is, and it is 11 % for the businesses. The reason we are looking at using fiscal disparity money is to keep that number as low as we possibly can. She did not look at it as a bad thing. It will give us a great opportunity next year to look at what the residents want us to provide and how can we provide that. If that means some organizational type changes, that is not a bad thing. That is what the private sector has done. Councilmember Bartholomay stated don't you think it is responsible to do a study or make a calculated decision. You are saying if we make this decision, we have no idea the hole we could be in next year. We could be talking about a budget that could bankrupt the City. Councilmember May stated fiscal disparities are not going away. Councilmember Bartholomay stated the State has taken everything else away and they are already working on it. He would like to extend the City 11 Council Minutes (Regular) December 5, 2011 Page 8 out as far as possible and not close up shop. Councilrnember May stated if we don't use any fiscal disparity money then the businesses will be closing. Councilrnember Fogarty stated even with what she proposed we would still be using the vast majority of the $367,000 to buy down the levy. Councilrnember May asked if she was making a proposal to make a change. Councilmember Fogarty was tom; we have left zero cushion for next year. Councilmember May stated we have been very good about figuring out what to do in a disaster. Councilrnember Fogarty proposed a zero levy increase. Councilrnember Bartholomay stated that would put the remaining $141,000 in contingency. MOTION by Fogarty, second by Bartholomay to present a zero levy change. Mayor Larson stated he left the workshop saying using fiscal disparities to buy down the levy was a bad idea. Everyone he talked to in finance says it is a bad idea and we are setting ourselves up for failure next year. Voting for: Larson, Bartholomay, Fogarty. Voting against: Donnelly, May. MOTION CARRIED. Finance Director Walters stated this means you have $141,192 remaining in fiscal disparities. Mayor Larson stated that will go into a contingency fund. City Administrator McKnight noted the levy resolution to be approved will reflect the net levy staying at zero for 2012 and the same changes will be reflected in the budget resolution adding $141,192 as a contingency line item. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R57-11 adopting the tax levy for the year 2012 collectible, changing the numbers to reflect 0% levy increase comparing 2011 to 2012. Voting for: Larson, Bartholomay, Fogarty. Voting against: Donnelly, May. MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R58-11 adopting the 2012 budget adjusting the general fund expenditures to reflect a $141,192 addition as a contingency line item. Voting for: Larson, Bartholomay, Fogarty. Voting against: Donnelly, May. MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Toys and donations are being collected for Toys for Town until December 17, 2011. Wrapping is at Boeckmann Middle School on December 17, 2011. These donations stay within our community so it is our community taking care of itself. Councilmember Bartholomay: He attended the Tree Lighting and it was a great turnout. The new location worked out well. The Junior Miss Farmington's were there along with school district members. 12 Council Minutes (Regular) December 5, 2011 Page 9 Councilmember May: Stated she was here as a representative of the tax payer and she is doing what she can to keep our taxes as low as possible. She apologized to the business community as we could have done more. Mayor Larson: Thanked everyone who attended Dazzle Days and Councilmember Bartholomay for taking his place at the Tree Lighting. He has heard it was a great success. He spoke to a downtown business this weekend and was told it was the best weekend they have ever had in the City business wise. It was an incredible weekend and appreciated everyone's support. On small business Saturday, there were people shopping everywhere in town. Mayor Larson thanked residents for supporting local businesses. The omelet breakfast on Sunday at the Legion does support Toys for Town and the demand is high this year. 14. EXECUTIVE SESSION MOTION by Fogarty, second by Bartholomay to go into Executive Session to discuss labor negotiations with the AFSCME group and to discuss the potential sale of City property at 431 Third Street at 8:04 p.m. APIF, MOTION CARRIED. Mayor Larson moved the meeting back into open session at 8:30 p.m. 15. ADJOURN MOTION by Fogarty, second by May to adjourn at 8:39 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 13 7/; City of Farmington 430 Third Street Farmington, JI..1inncsota 651.280.6800. Fax 651.280.6899 www.ci.farrningtlm.nm.LL.! TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accept Donation from Farmington Travel Baseball Association for Prairieview Park Ballfield Improvements DATE: December 19,2011 INTRODUCTION A donation has recently been received from the Farmington Travel Baseball Association for improvements made at the Prairieview Park ballfield. DISCUSSION The Farmington Travel Baseball Association recently paid for dugout and fence improvements that were made at the ballfield in Prairieview Park. The dugout improvements included installing canopies over the dugouts to provide shade when games are played during daytime hours. The collective cost of these improvements was $5,600. Staffwill communicate the City's appreciation on behalfofthe Council to the Farmington Travel Baseball Association for their generous donation. ACTION REOUESTED Adopt the attached resolution accepting donation of the Prairieview Park ballfield improvement valued at $5,600 from the Farmington Travel Baseball Association Respectfully Submitted, Randy Distad Parks and Recreation Director 14 RESOLUTION NO. R59-11 ACCEPT $5,600 DONATION FROM F ARMINGTON TRAVEL BASEBALL ASSOCIATION FOR PRAIRIEVIEW PARK BALLFIELD IMPROVEMENTS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of December, 2011 at 7:00 p.m. Members Present: Larson, Bartholomay, Donnelly, Fogarty, May Members Absent: None Member Fogarty introduced and Member Bartholomay seconded the following: WHEREAS, a donation valued at $5,600 was made by the Farmington Travel Baseball Association for improvements to the Prairieview Park ballfield; and WHEREAS, it is required by State Statute that such donations be formally accepted; and, WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation valued at $5,600 from the Farmington Travel Baseball Association for improvements made to the Prairieview Park ballfield. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of December 2011. ~~,/~ . Mayor ...d Attested to the ell day of December 2011. SEAL 7c.. City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www:ci.tarmingtllll.mn.L1li TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Appointments to Boards and Commissions DATE: December 19,2011 INTRODUCTION I DISCUSSION On January 31, of each year a number of Boards and Commissions terms expire. Traditionally the City Council interviews applicants in January and appoints at the second City Council meeting in January. The following is a list of terms expiring on January 31,2012: Heritage Preservation Commission Two 3-year terms Parks and Recreation Advisory Commission One 3-year term Planning Commission Three 2-year terms Rambling River Center Advisory Board Three 3-year terms Water Board One 3-year term ACTION REOUESTED Set a special meeting ofthe City Council for Monday, January 9, 2012, at approximately 5:30 p.m. at City Hall to interview applicants for Boards and Commissions appointments. Respectfully submitted, Cynthia Muller Executive Assistant 16 7J City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www:ci.tarmingtlm.TIlll.LL'l TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller Executive Assistant SUBJECT: Gambling Event Permit - Knights of Columbus DATE: December 19,2011 INTRODUCTION The Knights of Columbus are requesting a Gambling Event Permit for their bingo fundraisers. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion ofthe 2012 budget. ACTION REOUESTED Consider the attached resolution granting a Gambling Event Permit to the Knights of Columbus, at 22120 Denmark Avenue, on February 25,2012 and November 17,2012. Respectfully submitted, Cynthia Muller Executive Assistant 17 RESOLUTION NO. R60-11 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR THE KNIGHTS OF COLUMBUS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of December 2011 at 7:00 p.m. Members Present: Members Absent: Larson, Bartholomay, Donnelly, Fogarty, May None Member Fogarty introduced and Member Bartholomay seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Knights of Columbus have submitted an application for a Gambling Event Permit to be conducted at 22120 Denmark Avenue on February 25, 2012 and November 17,2012, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Knights of Columbus at 22120 Denmark Avenue, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of December 2011. ~~/- "'Mayor ....r;T Attested to the J / day of December 2011. ~s;;f;!~U- SEAL 7~ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www:ci.tarmingtll11.n1ll.Ll.... TO: Mayor, CounciImembers, and City Administrator FROM: Teresa Walters, Finance Director SUBJECT: November Financial Report DATE: December 19,2011 Enclosed is the financial report for the month of November 2011. Below is an explanation for variations from the budget as well as differences from last year at this time. If you have any questions prior to the meeting, please e-mail meattwalters@cLfarmington.mn.us or call me at 651-280-6880. General Fund Overall General Fund Revenues are at 55% of the budget. This includes our tax revenue for the frrst half ofthe year. Expenditures are at 88.9% ofthe budget. 92% of the year has passed. REVENUES All revenues are within budget except the following (These have been explained in prior months): Property Taxes: We received the frrst half of our property taxes. The other halfwill be received in December. Charges for services are at approximately 57% of the budget. Fire Service charges are not received until closer to the end of the year. We are working on Fire Services contracts that will require payment on a quarterly basis rather than at year-end. Interest: At approximately 45% of the budget, interest revenue is still low compared to budget. We have adjusted the budget for 2012 to ensure this does not happen again next year. Miscellaneous: Adjustments have been made to the budget to correct this in 2012. Without taxes all other revenues combined are at 82.8% ofthe budget. EXPENDITURES At 88.9%, overall General Fund expenditures are in line with the budget. 92% of the budget year has passed. Snecial Revenue Funds: The Special Revenue funds are established to account for specific revenue sources (grants) or to fmance a specific activity. Plans to eliminate deficits have been discussed during the budget process and will be implemented in 2012. 19 The following is a summary of each special revenue fund: EDA: The EDA deficit decreased by $93 bringing it to $165,877 at the end of November. Rambling River Center Operations (Senior Center): Revenue for the Senior Center was $2,561. Expenditures totaled $19,238. With the General Fund transfer, the deficit increased by $4,952, bringing the fund balance from a negative $6,294 in October to a negative $11,246 in November. Higher than normal expenditures was a result of additional spending for building and exercise equipment maintenance. Rambling River Center Renovations: November revenues exceeded expenditures by $3,095, bringing the fund balance from a negative $147,982 in October to a negative $144,887 in November. Swimming Pool: The pool is currently closed. During November expenditures exceeded revenues by $838. The current fund balance is $42,576. Ice Arena: Ice Arena revenues exceeded expenditures by $38,256. The deficit fund balance was reduced from a negative $332,035 in October to a negative $293,779 in November. Enterorise funds: The Enterprise funds are self supporting and should not need financial assistance from the General fund. Liquor: Liquor expenditures exceeded revenues by $1,139 this month. With the transfer, the fund balance shows a reduction of$6,973. Sewer. Water. Solid Waste. and Storm Water. are all in line with the budget for the year. A plan is in place to cover the deficit in the Street light budget next year. Graoh: The graph shows that the overall 2011 YTD fund balance is lower than the 2010 fund balance at this time. From the graph you can also see that November is typically a month when the General Fund starts to borrow from other funds. This is a result of our low fund balance. Respectfully submitted, Teresa Walters, Finance Director 20 City of FarmIn1JIon Budge! Bummary 2D08 Fund BaI 1,726,810 1,144,798 505,410 (18,436) (579,770) 1,194,436 1,380,217 768,467 38,652 (195,850) (986,597) $ 1,987,775 2009 Fund BaI 1,445,414 909,221 346,825 (190,293) (983,071) 441,205 1 ,579,394 1,167,850 573,253 268,945 (537,502) $ 2,157,880 2010 Fund BaI 1,943,301 1,176,669 577;370 111,462 (661,411) 1.532.883 1,889,003 1,309,991 729,203 58,638 (949,029) $ 2,218,942 2011 Adopted % Account Des lion SUde! Jan Feb Mar A r June JuI Oct No. Doc TolaI Balance Received Pund B.lan~ $ 2,218,942 BmoIIII. Properly Taxaa 7,094,547 $ 3,436,090 4,424 $3,440,515 3,844,032 48.58% Ucansos 32,155 11,945 145 5,880 187 176 7,195 152 197 6,532 1,007 65 $ 33,293 (1,138) 103.54% Pormlls 399,300 14,855 17,231 23,177 23.947 38,939 112,814 26,886 21,901 34,728 65.951 22.949 $ 402,855 (3,959) 100.89% FInoo 70,000 5,782 6,308 8,295 8,160 7,053 5,987 7,893 10,ll5O 8,122 5,800 $ 69,490 949 99.23% Inlorgovommanla RovOl1U8 4mi,590 87,436 797 595 1,999 87,826 5,661 12,499 258,110 9,081 $ 483,915 (69,325) 114.38% Chorge br_ 503,878 2,035 3,198 12,133 82,981 15,74ll 19,142 8,999 83,244 7,670 69,679 5,178 $ 268,008 215,870 57.18% Franchise Foes 76,000 22.537 52,389 $ 74,926 74 99.90% Invoelmont InIoroel 200,000 8,170 7,261 9,855 5,254 4,434 8,731 7,923 13,395 11,957 8,949 4,500 $ 90,115 109,_ 45.06% MIscellaneous 69 000 1459 6410 613 012 8834 711 1877 836 8147 993 250 $ 30 443 38 557 44.12% ToIoI $ 6,939,270 38,484 127,526 69,873 121,261 76,375 3,701,669 59,m 172,321 335,192 163,381 38,441 - $ 4,893,831 3,945,739 55.36% 2011 odopted % D Bud e! Jan Fob Mar A r June JuI Oct Nov Doc TolaI Balance ad ~ 1005 LogI8lellvo 77,652 3,531 3,328 5,891 4,172 3,761 6,039 6,445 3,293 20,049 5,862 3,248 $ 65,238 12,414 84.01% 1008 H_ PrOSOMlllon 7,480 1,500 1,500 1,500 1,600 30 $ 6,130 1,350 81.95% 1010 Admlnlslrellon 522,294 26,709 37,855 39,051 38,427 32,947 108,568 21,584 21,909 26,941 44,867 48,322 $ 442,975 79,289 94.82% 1013 E1ec11OllS 1,925 1,925 398 $ 2,323 (398) 120.68% 1014 Communloollons 84,436 5,148 6,166 5,990 5,999 8,018 8,904 5,161 7,578 5,526 8,858 8,163 $ 76,530 8,909 89.45% 1015 City HoD 145,142 14,049 8,932 13,920 13,616 8,669 10,811 10,017 12,957 15,519 22.177 20,879 $ 151,945 (8,503) 104.48% 1035 Community Development 93,299 8,259 7,941 8,003 7,921 7,748 11,487 7,022 7,748 7,710 3,353 11,484 $ 86,499 8,833 92.68% 1011 Human Resources 238,159 15,238 20,741 18,462 16,947 18,800 32,608 19,503 18,299 19,380 18,436 26,880 $ 225,134 13,026 94.53% 1022 FInonco 429,858 32,945 65,145 39,241 34,(109 32,219 47,661 27,382 32,392 32,948 22.261 42,608 $ 399,008 30,650 92.87'1. 1050 Ponce Admlnlelrollon 805,574 54,436 61,057 87,148 58,172 54,952 86,863 82,132 47,451 86,894 94,511 89,870 $ 713,135 82,439 86,53% 1051 Patrol_ 2,290,612 150,526 162,429 176,612 167,654 174,087 284,993 169,380 174,079 194,943 182,861 255,715 $ 2,073,138 217,474 90.51% 1052 lnvoslIgellon ServIces 767,908 51,003 80,702 60,332 80,191 61,413 90,503 65,959 60,035 82,307 65,809 82,321 $ 720,376 47,533 93.81% 1054 Emorgonoy Manogoment 4,900 302 166 18 11 228 18 18 447 7 $ 1,216 3,884 24.82% 1080 FIre 666,294 26,289 38,515 43,131 42,432 42,430 38,503 34,570 135,382 124,077 43,689 41,297 $ 608,274 59,990 81.02% 1081 Rescue 45,821 3,884 1,983 2,337 2,21 0 3,007 3,371 3,391 3,160 2,348 2,381 5,387 $ 33,4ll7 12,414 72.81% 1070 Englnoorlng 282,075 12,594 25,618 22.262 21,834 23,710 24,301 15,351 20,657 23,943 7,940 34,341 $ 232,471 29,904 88.70% 1030 PlannIng Zl2,353 14,030 17,820 17,380 17,197 20,151 26,862 18,416 35,666 15,875 11,650 24,192 $ 215,869 16,484 92.81 % 1031 Bufidlng Inspecllon 308,238 18,024 24,410 23,491 22.986 21,211 34;372 20,859 23,572 23,229 24,771 33,4mi $ 270,420 37,819 87.73% 1076 NeluroJ Resources 94,199 820 1,503 2,813 6,839 1,129 3,862 3,501 4,990 7,554 3,722 6,368 $ 42,931 51,268 45.57% 1072Slr_ 597,248 21,408 29,484 4ll,026 42,210 49,721 70,247 37,942 35,387 38,947 38,24ll 87,491 $ 436,783 107,485 82.01% 1073 Snow RomovoI 205,104 37,319 65,580 48,635 17,132 2,815 1,933 298 298 599 3,389 $ 178,076 27,028 86.82% 1090 Park MaInIananco 519,577 33,059 34,139 38,044 38,051 86,548 76,380 54,030 68.844 51,959 20,728 42,994 $ 524,052 (4,485) 100.88% 1094 Park & Roc Admin 250,862 10,533 4,826 14,727 11,210 18,478 14,874 13,199 24,421 12,739 21,994 23,867 $ 168,238 82,844 ffl.08% 1035 RecroelIon Progroms 116,022 2,325 12,822 9,767 5,514 5,872 16,182 24,268 (14,876) 6,216 1,874 692 $ 70,277 45,745 60.57% 1099 Dew Doya $ 0.00% TolaI Expenditures $ 8,768,782 943,345 682,801 697,255 632,616 883,695 $ 1,007,980 610,017 723,613 750,823 613,388 680,909 $ 7,798,122 972,870 88.91% Excoao of Rovonuo over (under) expenditures $ 70,476 (504,861) $ (654,975) $ (838,382) $ (511,335) $ (577,320) $ 2,593,819 (550,240) $ (551,462) $ (415,431) $ (449,987) $ (942,436) $ (2,902,891) Other FInancIng Sources (Uoos) TransIors In 81.87% 1001 TransIors (OUt) 98,87% ToIoI Other Financing Sources (uses) Ne! change In Fund BaIanco (487,436) $ (537,830) $ (820,937) $ (493,890) $ (559,875) $ 2,711,384 (632,795) $ (534,047) $ (831,959) $ (432,542) $ (625,023) $ (2,944,689) Fund Sllln. 1 ,731 ,4ll6 1,193,878 572,939 79,050 (480,625) 2,230,539 1,697,744 1,183,897 531,739 99,199 (725,927) 121 pJh City 01 Farmington Butlgel Summary Account D lion 2011 Adopted Bud eI Jan Feb Mar A r June Ocl Nov Dee Total % Balance Received 8D80IAI Ravenu. Funds BOA ODOratlna Revenuea 19,088 1.369 1335 34 2,819 1721 988 5787 715 1,295 112,223 12,288 2B7 208 854 204 111 93 133,229 (114,143) 898,05% Expenditures $ Excess 01 Revenue over (under) Expenditures $ other FInancIng _ (Uses) Transfers In Transfers (0Ul) Total other Financing _ (UII8S) NeI chang. in Fund Balance $ 19088 2Bl 8143 13144 1 7 893 442 1710 38 583 174 191.57% 1,098 (4,821) $ 434 (8,848) $ 99,079 11,081 (398) $ (2,234) $ (855) $ 98,688 !Fund 1I_'an_ 34 1,098 252,543 $ (252,509) $ (251,411) (4,821) $ 434 (8,848) $ 99,079 11,081 (398) $ (2,234) $ (855) $ 93 (288,232) $ (255,793)$ (:i7~a45) $ (173~~ $ (152,~ $ (16~B82fT~185,ll5)-$_~lffii~ij[I~1~,mlT ~;Z~- 98,688 '}~r' $_ Police Porfeltul'llS Revenuos 2,000 4,717 687 955 487 2,002 500 6,590 300 15,552 (13,552) m.58% Expenditures 4000 1198 394 210 291 102 418 1474 4752 118.60% FUftdB...ftmi--~ ~--=-~-==~~$ _~--=-4A~ ~_ _~429 _~_ _ B;47~ __I ~ 8,238 --:-r=---=S.33f I~_~~U1'-L__J.83f~- $ _ 9.731_~_~ _ ~1 _$ _ =~- _~~~_'- __-=-14,929 _1_ ~ ~L-_=-'~---=-==- Park ImDrovement Revenues 20,400 14,881 190 509 1,182 3,150 1,280 17,731 1,328 1,430 1,975 1456 602 784 45,019 10697 (24,819) 220,88% Expenditures 2S 000 491 1456 305 8998 15103 41,91% CFu"dilal.".. _Fl__ -S-:TW.;992 ~_~~~~Xt(::J-=--~~CJ:-231;~~$~~-=-C~--.24l~~h5[T~JlJl9~~~ $ 247,320 $ ;Z4a;flL$-~~- Recreation ODeratlna Senior Center Revenues 2410 SenIor Center 37,200 9,459 3,823 2,139 1,988 893 2,304 1,102 947 1,782 2,135 2,581 27,914 9,286 75,04% Expenditures 2410 SenIor Center $ 157491 12,307 10932 1921i 13421 11179 14422 11857 11 4 10,423 7331 19,238 135,060 22,431 85.76% Excess 01 RevanU8 over (under) Expenditures $ (120,291) $ (3,848) $ (7,309) $ (10,787) $ (11,453) $ (10,286) $ (12,119) $ (10,558) (10,277) $ (9,841) $ (5,194) $ (18,877) $ (107,146) other FInancIng _ (Uses) Transfers In $ 11,725 11,725 11,725 11,725 11,725 11,725 11,725 11,725 11,725 11,725 11,725 128,975 11,725 81.67% Transfers (0Ul) $ Total other Financing _ (UII8S) 1, 11, 1, 128,975 (8,275) 109.88% NeI chang. in Fund Balance $ 409 7,Pi17 4,418 939 272 1,439 (393) $ 1,189 1,448 3,094 8,531 (4,852) $ 21,829 (21,420) I Fund Baln.. 33, 251~$ (20,782) (19,844) $ (19,572) $ (19,133) (18,528) $ (17,357) (15,909) (12,825) ~_Jt1~~_~:.c__-=-- (11,248) 222 pJh City 01 FarmIngIon Acalunl Descrf Rambling River Center Renovation Revenues 2411 RambUng RIver Center RenovaI Expenditures 2411 RambUng RIver Center RenovaI S Extess 01 Revenue CN&r (LlIlder) Expendlluras S Other FInancIng Souroos (Uses) TranaIora In S Transfers (OUI) $ TolBI Other Financing Souroos (uses) Net cllangoln FLlIld BaIanoe S I PundB,IIftDa -1nr='~-=-==_-_L_~ 2011 Adopted Bud et Jon Fob Mar 388 284 Juno 1B1 1B1 1,446 218 1,228 Budget Summery Jui Swimming Pool ROVOlllIOS 2415 Swimming Pool Expenditures 2415 SwImming Pool Extess 01 Revenue over (LlIlder) Expendlluras $ Other FInancIng Souroos (Uses) Tronslers In Tronslers (OUI) TolBI Other Financing Souroos (uses) Net cllango In FLlIld BaIanoe $ 1,297 63 8,192 388 284 191 70,000 132 2,543 3,749 21,718 119793 1850 1027 1810 5341 444 1,228 8,857 $ 8,857 8,857 8,857 100 113 (35) $ 4835 $ (4,870) $ 454 454 454 0cI 2,879 1247 1,432 1,432 (2,118) $ Fund B.lan_ -:;i,.~~"~ ~_~.=r~-~-~;ir8!--=-5M~__S_ 55Mr_:L:54,113!-=:I1;:fl~T :~82B:! ~'@!uL]7Ji63- $:-50~ T- 45YJL!-:-_~;~W:$ (2,118) $ 1,234 8,192 388 294 20,000 (49,793) S (1,850) $ (1,027) $ (1.478) $ (2,798) $ (4,487) $ (728) 22 78 113 Nov 3,257 182 3,095 3,095 8,192 $ 158,351) $(152Jm:-I (15f,nlfT~~77LL1IDm:$Tf511-;058)$-114ll,~jrr{I4S,868) ClliM~!~f4i',~j~_I144~sm S 312 309,700 (884) (29,793) $ (1,850) $ (1,027) $ (1.478) $ (2,798) $ (4,487) $ 5,841 78 113 430 838 28,281 11,748 28 833 25 073 (2,372) $ (13,327) $ 4,295 8,857 8,85 (8,850) $ (4,870) (838) $ $ .(134;382)$ (126,931] .~(117,:J50)$ (117,502] Sill9~i.I4) ~ (1~U(115,818) $ (11(J,274j] (1'@,~4f S (1j8,~1 $_(110,ii61). $ (113,557) S (838) $ ._42..~_sn - TOTAL RECREATIONPUND SALANCE ID.AmnA ROVOlllIOS Expenditures Extess 01 ROYOllUO over (LlIlder) Expenditures $ 84,325 305147 919 89,925 38210 1,208 31889 (30,883) S (28,211) $ (17,988) $ (9,702) S (25,758) S (4,838) S 11,055 15 28 8 11,059 29 027 3,148 'lJ 7,814 1 452 8,027 5028 75,738 38 482 38,258 Doc ~__~~903 t .L~~$_~9,645) $ .l225..93oU:L~~~.!.1~;g4IT@lL2,792LJ_l3:12.~Lt 1~.252[$--(343,09lif$~~L.L~itm.:.t.:=-_ - : !PundB.1in..-- 33 4,553 (33,783) $ 33,715 31,041 1 848 25 785 323 % TolBI BoIoneo RocoIvod 18,412 (15,412) 1,714 (1,714) #D1V1ll1 14,898 #D1V1ll1 #D1V1ll1 14,898 (144,887) 88,428 3,574 84,89% 102,128 17,885 8525% (35,703) 20,001 (1) 100.01% 20,001 (15,702) $ (14,091) 558,222 239,217 70,483 29 054 77.24% 'lJ8093 90.48% (38,878) (293,779) pJh CIly of Farmington Budgel Summary Account 2011 Adopted Bud el Jan Fob Mar June Ocl Nov Dee Total % Belance Recelved EintarDrI_ Funds Ltauar Oael'8tlans Revanuea 4,441,250 282,010 273,155 290,061 342,550 354,565 394,675 417,127 376,926 360,708 354,406 340,301 3,768,498 872,752 84.85% Expendllures 4 597 265 567 276 559 277795 313409 369 668 426 542 335 0 407 642 298 387021 341 44lJ 3699 7 891390 84.25% Excess of Revenue over (Wllier) Expendllures $ 50,663 (3,577) $ (3.404) $ 12,265 29,151 (15,093) $ (31,667) $ 81,657 (28,713) $ 82,424 (32,812) $ (1,138) $ 89.291 (18.638) Other FInancfng Sourcea (Uses) TransIer8ln $ Trans1er8 (Out) $ 93.52% Total other FInancing Sourcea (1Il8S) Nel ohangeln FWlli Belance S (38,354) $ (9,411) (9,238) S 8,431 23,317 (20,927) $ (44.356) $ 69,356 (34,547) $ ~,924 (6,973) $ (14.883) Fund Satanea :::J- ..266;3I4 S~~~ r .247~_I 254.1~--S-P7~4't3 ,_~~~~]f2,1?1! .r~.k~Lr246;988~T= 2ll6,91lt ~ _-~~_=t-=~1,491 ------.-- 251,~1 llIJm Revenues 1.635.000 83,406 33,575 150,711 75,663 128.788 249,107 89,256 138,289 138.4Oll 138,182 124,373 1.356,752 278,248 82.98% Expendllurea 1 564 657 98 409 95 949 99745 101597 97121 120 805 98 889 105 305 1 318 104 345 105 745 1133 807 451150 71.54% Excess of REMllUlO over (Wllier) 222.9451 $ Expendllures $ 50,043 (15,001) $ (82,374) $ 80,988 (28.943) $ 29,885 128,501 (29,360) $ 32,964 38,Ol12 31,638 15,628 (172,902) Other FInancIng Sourcea (Uses) Trans1er8 In Trans1er8 (Out) $ 94.28% Total other FInancing Sourcea (1Il8S) 94.29 , NelohangelnFWlliBelance $ (51,574) $ (20,835) $ (88,208) $ 75,132 23,831 122,857 (35,214) $ 27,130 30,248 (5,608) $ 9.794 127.181 Fund Ia.llnell -lc';.-=--=-r 1,631~0 njJO~:::j-~j-$1,~ri~r~==n~;~.;'f1,!l!l~;'2?.2..l.1:;m;~T~~,_j,?.23~.$ :1.~~-=-.t.J.I~.m~Ll.?56,291_:f -.'..z:::--".. ' $ 1,768.291 bllllYtDlJ. Revenues 1,876,903 109,215 30,102 210,54ll 109,053 183,230 197,596 109,739 187,726 194,503 110,347 171,909 1.573.959 302,844 83.68% Expendllures 1 13945 61103 105517 116029 146 945 281795 101734 1~938 83 802 128 78 183 369 104817 $ 1 018 351 926 80.60% Excess of Revenue over (Wllier) Expendllures $ 82,957 28,112 (75,415) $ 94,511 (37,893) S (118,556) S 95,882 (40,200) 83.924 87.525 (53,022) $ 87.092 111,641 Other FInancIng Sourcea (Uses) Trans1er8 In Trans1er8 (Out) 95.03% Total Other FInancing Sourcea (1Il8S) NelohangelnFWlliBelance S (54.488) S (81,2~) S 68,677 (43,727) S (124.390) S 90,028 (46,034) $ 78,090 61.891 (106,272) $ 61,258 351 I F'uncfj.ii;na7~'r~~-$ _ 563,892 ~@..L....504.92LiI.~.596 $549-;871 S 425,~1 S 515,510 L~.M7LiI. _~~LL 809,257 502,~L$ 564,243 ~- $ 564,243 ---_.~--~ '24 pJh CIly 01 FarmJnulon Account lion Il2lll1YtIDI: Revenues Expendl1uroa Excess 01 Revenue over (under) ExpendI1uroa $ Other FInancIng Sources (Uses) Transferaln Transfera(Oul) $ TolaI Other Anancing Sources (uses) Net change In Fund Balance $ 2011 Adopted Bud et 454,000 431902 Jon 22,098 Feb 17,042 18661 (1,819) Mar 8,053 (18,413) A r 74,018 139 18,917 30613 June 25,630 19147 51,879 (13,695) $ 8,483 $ 31,592 74,363 772 Budget Summary 17,811 25,920 74,178 33825 Cd Nov Dee Total % Balance Received 56,946 (63,715) $ (7,453) $ (22,247) $ 46,045 (19,529) $ 649 25,758 25396 37 605 34,719 17,181 26,650 3726S 375,464 316518 (21,034) WIllI: R8Y8I1U8S ~-PundB.-I.noi-- ~:2:~~~ ----~ ~ ~ $ ~lQ~~_ -M6~-J-- ~1~ _$__~i~_' ~,-~-J-_-_~A4-L--~~_$=_~7~ ~_~_636:076l~]i9-,-~--T=2:L~~~--- 819,605 Expendlturee Excess 01 Revenue over (under) Expendl1uroa $ Other FInancIng Sources (Uses) Transferaln Transfera(Oul) TolaI Other Anancing Sources (uses) Net change In Fund Balance $ 1 ,542,500 1 095 324 447,178 118,729 38947 78,782 24,941 80801 (38,160) $ 47,924 96,695 46771 78,688 56 060 22,627 83,780 57 054 147,828 8S 832 56,796 (7,785) (11,887) $ 40,553 213.447 88 464 128,964 26 807 (9,828) $ (10,738) $ (31 ,266) $ 138,382 924 131,523 41422 1,332,817 781 995 550,822 345,559 73,946 (41,994) $ 42,090 18,793 26,726 20,892 52,962 (13,819) 146,278 114396 155,028 106421 121,150 53,558 90,101 31,878 46,605 18,114 94.267 26,044 $ 1_ Fundiilana. -$~ ___MOJ.~O $ 5~t~~-_t5;r~,~ $ ~.1~~~sA4--~_~L1~8,~7 _{~~~__$~~;~___~~~~_U~1,00'L-.l~462,1~I],478.2!(~J- -~~--$-- Stroot LI.ht UfllllY R8Y8I1U8S Expenditures 175,039 189,323 11,804 16,028 2,448 1.456 16,832 29,296 11,832 15,142 15.451 14,846 1S,774 14,552 11,846 15,405 8,453 16,742 14,613 11,794 21,265 16,401 8,851 7,836 Net change In Fund Balance 5,718 $ (4,221) $ 890 (12,688) $ (3,309) $ 605 2,122 4,211 6,852 2,128 (9,471) $ 8,650 ~P7lh . (3M~l!l .L 137,605Lti50,1t40 i~,483f$@~87Bf Ll50,757l.L ~S5LS. _ l3M~~LS .-W~-$_146j361 T .-(40.~T $ !FL'-lid B81anc. 1125 455,038 5,562,538 146,129 152,238 (6,109) ., $ (40,386) 78,538 82.70% 116384 73.28% 93.20% 209,883 313329 86.41% 71.39% 94.26% 28,910 83.46% 17,085 89,91% pjh ~ '\l > "'~ 0: . u 0 -\1 <D " ~ N ~ " ~ z 8 <D co 0 0 N ~ D s::: 0 '" ~ 0 ii: 0 l'- 0 E .... N to ~ C) .c:: . ~ lJ) III . s::: III ~ '" (,) u E , :;:: N <D 'lJ to ... c: lJ CIS :J LL. u. - 0 e N . 0 D 0 , ~ Q) c: Q) 0 C) '" ~ n . ~ 0 . u . g.t; ~!l ~<D i:i 0 g .~ 0 " ~ ~ '0 '" 0 i3 8 :i N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '" 0 0 0 0 0 0 0 0 0 0 0 ci ci ci ci ci ci ci ci 0 0 0 0 0 0 0 0 lJ) 0 ~ o. lJ) lJ) o. ~ N N U; U; '" "1 ~ '" '" "1 aouelea pun:! 7f City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.f.um;ngtun.nm.Ll..; TO: Mayor, Council Members, City Administrator FROM: Tony Wippler, Assistant City Planner SUBJECT: Adopt Resolution - Historic Preservation Consultant Services DATE: December 19,2011 DISCUSSION Attached is a proposed contract for historic preservation consultant services with Robert Vogel and Pathfinder CRM, LLC. The contract is for the period of January 1,2012 through December 31, 2012 and establishes an annual retainer fee and an hourly wage for historic preservation services provided. This contract is required to establish an hourly wage for in-kind services Mr. Vogel may provide in conjunction with Certified Local Government Grants. The grants are used to further the exploration of historic sites in Farmington. BUDGET IMPACT The consultant fees are included in the proposed 2012 budget. The proposed fee is the same amount that has been paid over the last four years. ACTION REQUIRED Adopt the attached resolution approving the contract for Historic Preservation Consulting Services. Respectfully submitted, Tony Wippler Assistant City Planner 27 RESOLUTION NO. R64-11 CONTRACT FOR SERVICES PRESERVATION PLANNER Pw-suant to due call aud notice thereof, a regular meeting of the City Council of the City of Fannington, Minnesota, was held in the Council Chambers of said City on the 19 th day ofDecember . 20~ at 7:00 p.m, Members Present: Members Absent: Larson, Bartholomay, Donnelly, Fogarty, May None Member Fogarty introduced and MembeBartholoma"$econded the following: THIS CONTRACT made and entered into as ofthis...1.9..00 of I"lE'l'"'pmbpr .20..1.L, by and between the City of Fannington, Minnesota, herein refell'ed to as the "City", and Robed C. Vogel, doing business as Pathfinder CRM, LLC, herein refen'ed to as the "Consultant", WITNESSETH THAT WHEREAS. the City is desirous of retaining professional historic preservation services on an as- needed basis. and; WHEREAS. the Consultant is a qualified historic preservation professional. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the City and the Consultant as follows: SCOPE OF SERVICES Pathfmder CRM, LLC will perfOlm the following tasks as an independent private contractor under the supervision of the City Administrator: A. Advise the City ofF81mington on all matters relating to heritage preservation, including the identification, evaluation, regisn.ation, and treatment of heritage resow-ces. Pathfinder CRM senior staff will also be available for presentations to the Heritage Preservation Commission. the PI81ming Commission, and the City Council as needed. B. Prep81.e applications for grants-in-aid for preservation projects as directed by the City Administrator. C. Provide infonnation, education, and training in heritage preservation to City officials and advise in the development of high-quality public education and oun'each programs. D. Assist City staff in reviewing development projects and applications for certificates of appropriateness in relation to designated heritage landmark properties. E. Perronn such other preservation planning tasks as authorized by the City Administrator. COMPENSATION For the services described above in paragraphs A through D, Pathfinder CRM will be paid a quarterly retainer fee of one thousand five hundred dollars ($1,500), due on the first of January, April, July, and October, 2012. Pathfinder CRM agrees to bill the City at the rate of seventy-five dollars ($75) per how. for all work performed under paragraph E. PERSONNEL The City and Pathfinder CRM further agree that Robelt C. Vogel will be the City's designated preservation planner. Pathfinder CRM architects, planners, archaeologists, and other preservation professionals may be utilized as needed, subject to authorization by the City Administrator. This contract for services shall be in effect from Janu81Y 1 until December 31, 2012. P:~~~~ ,~/ ---- / // /' L--. /-t- . ....v Attested to the a I day of December 2011. THE CITY OF FARMINGTON ~~;; Administrator SEAL ?5 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www..ci.farm;I1!..1:tm.mn.LL.I TO: Mayor and Councilmembers FROM: David J. McKnight, City Administrator SUBJECT: Fire Chief Appointment DATE: December 19,2011 INTRODUCTION Pursuant to City policy the Fire Chief position is an appointed position that serves a three year term. The current term of Fire Chief Tim Pietsch will expire on December 31,2011. DISCUSSION A job posting was placed at each fIre station in October and interviews were conducted in November. The interview panel consisted of the Human Resource Director, two members of the fife department and me. After discussing and considering both candidates, I am recommending that Fire Chief Tim Pietsch be appointed for another term as Fire Chief. BUDGET IMPACT None. ACTION REOUESTED Make a motion to appoint Tim Pietsch as Fire Chief for the term running January 1,2012 through December 31, 2014. Respectfully submitted, David J. McKnight City Administrator 30 7h City of Farmington 430 Third Street Farmington, Minnesota 651,280.6800. Fax 651.280.6899 WW'I,\':ci.~drmingtlm.mn.LL"I TO: Mayor, Council and City Administrator FROM: Tim Pietsch, Fire Chief SUBJECT: Rescue Squad Membership DATE: December 19, 2011 INTRODUCTION: The Rescue Squad is authorized to include up to 20 members. We are currently at 20 members; 2 members are deployed overseas pulling their tours. We have lost membership at Station 2 due to several factors. We would like to increase the compliment to 22 members with the new members stationed up north. DISCUSSION: The current budget numbers support this proposal. We are currently looking at some operational changes that could lead to greater savings and efficiencies concerning salaries. Interviews will be held and 2 members will be chosen to fill this gap. ACTION REQUESTED: Approve Fire Chiefs request to increase the size of the Rescue Squad to 22 members. Respectfully submitted, Tim Pietsch Farmington Fire Chief 31 7;' City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 · Fax 651.280.6899 www.ci.fannington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: AFSCME Clerica~ Technical, and Professional Unit Settlement DATE: December 19, 2011 INTRODUCTION This memorandum has been prepared to update Council on the status of the City's labor settlement with the AFSCME Clerica~ Technical and Professional unit. DISCUSSION The City has reached a collective bargaining agreement with the AFSCME Clerical, Technical and Professional bargaining unit effective January I, 2012 through December 31,2012. This agreement provides for the following: 1) Wages: a one percent (1 %) salary adjustment. (please note: this would be the fIrst salary adjustment since 2009. As Council may recall, the increase in 2009 was offset by a furlough that same year.) Clarification regarding Fair Labor Standards Act classifications. 2) Insurance: For 2012, the change in the City insurance contribution ties the contribution amount to the type of coverage selected. The amounts listed below represent a reduction to the current contribution amounts of $834.85 for employees choosing single coverage and of $977.54 for employees choosing more than single coverage. Additionally, these contributions are the same as those approved by Council on October 7, 2011 for all non-represented employees. The actual City contribution amounts are: Single Coverage - High Option/Co-Pay Plan Single Coverage - High Deductible Health Plan Employee plus Child(ren) Coverage Employee plus Spouse Coverage Family Coverage $633.27 $704.34 $801.47 $825.00 $834.85 32 3) The agreement also provides for Labor/Management discussions regarding the outstanding issues of paid-time off(PTO) and merit pay. BUDGET IMPACT Settlement costs negotiated with the AFSCME Clerical, Technical, and Professional bargaining unit are provided for in the 2012 City Budget. ACTION REOUESTED Adopt the attached resolution ratifying the collective bargaining agreement for the Clerical, Technical, and Professional Unit. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: file 33 RESOLUTION NO. R61-11 A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND AFSCME, COUNCIL 5, LOCAL UNIT 3815 CLERICAL, TECHNICAL, PROFESSIONAL BARGAINING UNIT FOR THE CONTRACT YEAR OF 2012. Pursuant to due call and notice, thereof, a regular meeting of the City council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 19th day of December, 2011 at 7:00 P.M. Members Present: Larson, Bartholomay, Donnelly, Fogarty, May Members Absent: None Member Fogarty introduced and Member Donnelly seconded the following: WHEREAS, the City of Farmington recognizes AFSCME as the exclusive bargaining representative under M. S. Chapter 179A, for the clerical, technical, and professional classifications identified in the collective bargaining agreement; WHEREAS, the City has negotiated in good faith with representatives of AFSCME for the purpose of reaching a collective bargaining agreement for the contract year 2012; and WHEREAS, the settlement terms have been successfully negotiated between the City and the membership of AFSCME, Council 5, Local Union 3815 Clerical, Technical, Professional bargaining unit in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) A one percent (1%) wage adjustment effective the 1st day of January, 2012. 2) The City shall contribute a flat rate amount for health, dental and basic life insurance. In 2012, the rates will be: Single Coverage - High Option/Co-Pay Plan Single Coverage - High Deductible Health Plan Employee plus Child(ren) Coverage Employee plus Spouse Coverage Family Coverage $633.27 $704.34 $801.47 $825.00 $834.85 Adopted by the Farmington City Council this 19th day of December, 20 II. ",.vi Attested to the d / day of December 2011. ~~--- Mayor ~ 4fn.51 CIty Administra r SEAL 7t :.J City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 · Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: AFSCME Maintenance Unit Settlement DATE: December 19, 2011 INTRODUCTION This memorandum has been prepared to update Council on the status of the City's labor settlement with the AFSCME Maintenance unit. DISCUSSION The City has reached a collective bargaining agreement with the AFSCME Maintenance bargaining unit effective January 1,2012 through December 31,2012. This agreement provides for the following: 1) Wages: a one percent (1%) salary adjustment. (please note: this would be the fIrst salary adjustment since 2009. As Council may recall, the increase in 2009 was offset by a furlough that same year.) Clarification regarding Fair Labor Standards Act classifications. 2) Insurance: For 2012, the change in the City insurance contribution ties the contribution amount to the type of coverage selected. The amounts listed below represent a reduction to the current contribution amounts of $834.85 for employees choosing single coverage and of $977.54 for employees choosing more than single coverage. Additionally, these contributions are the same as those approved by Council on October 7, 2011 for all non-represented employees. The actual City contribution amounts are: Single Coverage - High Option/Co-Pay Plan Single Coverage - High Deductible Health Plan Employee plus Child(ren) Coverage Employee plus Spouse Coverage Family Coverage $633.27 $704.34 $801.47 $825.00 $834.85 35 3) The agreement also provides for Labor/Management discussions regarding the outstanding issues of paid-time off(PTO) and merit pay. BUDGET IMPACT Settlement costs negotiated with the AFSCME Maintenance bargaining unit are provided for in the 2012 City Budget. ACTION REOUESTED Adopt the attached resolution ratifying the collective bargaining agreement for the Maintenance Unit. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: file 36 RESOLUTION NO. R62-11 A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND AFSCME, COUNCIL 5, LOCAL UNIT 3815 MAINTENANCE BARGAINING UNIT FOR THE CONTRACT YEAR OF 2012. Pursuant to due call and notice, thereof, a regular meeting of the City council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 19th day of December, 2011 at 7:00 P.M. Members Present: Larson, Bartholomay, Donnelly, Fogarty, May Members Absent: None Member Fogarty introduced and Member Donnelly seconded the following: WHEREAS, the City of Farmington recognizes AFSCME as the exclusive bargaining representative under M. S. Chapter 179A, for the maintenance classifications identified in the collective bargaining agreement; WHEREAS, the City has negotiated in good faith with representatives of AFSCME for the purpose of reaching a collective bargaining agreement for the contract year 2012; and WHEREAS, the settlement terms have been successfully negotiated between the City and the membership of AFSCME, Council 5, Local Union 3815 Maintenance bargaining unit in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) A one percent (1 %) wage adjustment effective the 1st day ofJanuary, 2012. 2) The City shall contribute a flat rate amount for health, dental and basic life insurance. In 2012, the rates will be: Single Coverage - High Option/Co-Pay Plan Single Coverage - High Deductible Health Plan Employee plus Child(ren) Coverage Employee plus Spouse Coverage Family Coverage $633.27 $704.34 $801.47 $825.00 $834.85 Adopted by the Farmington City Council this 19th day of December, 2011. ~~C Mayor ....vT Attested to the a I day of December 2011. ~ ,g~) CIty Administrat SEAL 7/1 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.r.mningtlm.nlll.LL.l TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Annual Adjustment for Non-Represented Employees DATE: December 19,2011 INTRODUCTION The City approves annual salary adjustments for non-represented employees effective January 1, 2012. DISCUSSION Annual salary adjustments for non-represented employees have been reviewed and are proposed at one percent (1%) effective January 1, 2012 for non-represented employees who are not department directors; and at one-half percent (.5%) for department directors. If approved, this would be the fIrst salary adjustment since 2009. As Council may recall, the increase in 2009 was offset by a furlough that same year. Non-represented employees for purposes of this annual salary adjustment include confidential and non-represented employees. All other employees belong to collective bargaining units which require the City to formally negotiate changes in the terms and conditions of employment through the collective bargaining process. ACTION REOUESTED Adopt the attached resolution approving the salary adjustments effective January 1, 2012 for non-represented City employees. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: file 38 RESOLUTION No. R63-11 APPROVING ANNUAL SALARY ADJUSTMENTS FOR ALL NON-REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of December 2011 at 7:00 p.m. Members Present: Members Absent: Larson, Bartholomay, Donnelly, Fogarty, May None Member Fogarty introduced and Member Donnelly seconded the following: WHEREAS, annual salary adjustments for non-represented employees are in order to recognize annual inflationary increases in cost-of-living standards as measured by regional economic and market-based indicators; and, WHEREAS, the annual percentage adjustments of one percent (1 %) for non-represented employees who are not department directors effective January 1, 2012 are within the expenditure guidelines established in the 2012 Budget; and, WHEREAS, the annual percentage adjustments of one-half percent (.5%) for department directors effective January 1,2012 are within the expenditure guidelines established in the 2012 Budget; and, WHEREAS, non-represented employees are defined as those public employees not formally represented by an exclusive bargaining group as defined under Minnesota Statute. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves annual salary adjustments of one percent (1 %) and one-half percent (.5) respectively effective January 1, 2012 for all non-represented employees. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of December, 2011. ~~~ Mayor ~ Attested to the 01/ day of ,,[l:,~c ~J , 2011. Q~ J1t3-~ City Administrator SEAL 7L City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 ww\\.:ci. tarmillgllln.mn.LL'l TO: Mayor and Councilmembers City Administrator FROM: Brian A. Lindquist, Police Chief SUBJECT: Renewal of Updated Contract and Name Change DATE: December 19, 2011 INTRODUCTION I DISCUSSION In 2004 the Farmington Police Department entered into a contract with Retailers Protection Services for a Dishonored Check Diversion Program. Retailers Protection Services has recently changed their name to Check Diversion Program, LLC, and updated the 2004 contract. The Police Department is requesting that the contract be renewed. The new contract has been reviewed by the City Attorney and approved for proposal to the Council. BUDGET IMPACT There is no cost to the City for this service. The department will continue to experience the beneftt of reduced time for fraudulent check investigations. ACTION REOUESTED Approve the contract between the City of Farmington and Check Diversion Program, LLC. Respectfully submitted, Brian A. Lindquist Chief of Police 40 CHECK DIVERSION PROGRAM, LLC WORTHLESS CHECK DIVERSION AGREEMENT 1. Contractual Agreement: This Agreement is made and entered into this 19th day of December, 2011, by and between the City of Farmington ("Jurisdiction" hereafter), State of Minnesota, and Check Diversion Program, LLC ("CDP Services" hereafter) of 415 Main Street, Red Wing, Minnesota, 55066. 2. Purpose: The purpose of this Agreement shall be to implement a Worthless Check Diversion Program (Minnesota State Statute 628.69 attachment A) for the Jurisdiction. This program provides an alternative to criminal prosecution of individuals who issue worthless check(s) to citizens, merchants and businesses. The program will assist the Jurisdiction and its law enforcement agency in processing worthless checks. CDP Services will also assist in the criminal investigation and prosecution of individuals issuing worthless checks. This program will provide that the victim is paid full restitution from the offender who has issued the worthless check along with financial training for the offender (offender defined in section 4, B). Individuals who have written a worthless check(s) may voluntarily participate or who have been court ordered to enroll in this Worthless Check Diversion Program. By enrolling into the Worthless Check Diversion Program offenders will be diverted (Minnesota State Statute 628.69) from criminal or civil prosecution, provided they make full restitution, pay all service fees (see section 4, D) and complete required training class. CDP Services will assist the Jurisdiction Attorney's office or designee and victims of worthless checks in working with individuals writing these worthless checks to obtain full restitution for victim(s) that are defined as non-sufficient funds (NSF) checks or account closed (AC) checks. 3. Contract Terms: This Agreement shall be in force for a period of three (3) years, from the beginning date of Agreement signed by the Jurisdiction and shall be automatically renewed for one year terms. 41 Page 11 CHECK DIVERSION PROGRAM, LLC WORTHLESS CHECK DIVERSION AGREEMENT 4. Definitions: A. Victim - the business or person who accepted a worthless check for goods or services and suffered the financial loss. B. Offender - the individual or participant who passed the worthless check(s) and has enrolled in the Worthless Check Diversion Program voluntarily or has been ordered by the Court to complete the Worthless Check or other diversion programs. C. Restitution Recovery - Dollar recovery of face value (or written amount) of a dishonored check(s), property damage, as well as administrative fees, civil penalties, bank fees as appropriate and law enforcement costs. D. Worthless Check Diversion Fees Defined 1) Financial Training Class Fee, 4-6 Hours 2) NSF Merchant Service Fee (Gifted to CDP Services, as Provided in Section 8, A) 3) Individual Requests a Payment Plan Beyond 30 Days (One-time Account Set-up Fee) 4) Late Payment Fees (Discretion Used and Not Accumulative Over $75.00) 5) Interne/Electronic NSF Return Processing Fee (Returned Restitution Payment as NSF) 6) Creating a monthly payment book or pre-authorized debit payment book (Optional) 7) Credit Card Payment Processing Fee ((Optional) 8) Electronic Check Processing Fee (Optional) 9) Rescheduling of Training Class Fee (Number Times Permitted is Three Times) 10) Home Study CD or online training 11) Mailing fees incurred by CDP services $140.00 $ 30.00 $ 25.00 $ 25.00 $ 32.50 $ 15.00 $ 7.50 $ 7.50 $ 20.00 $ 20.00 (US Postal Rates) 6. Jurisdiction Requirement: The Jurisdiction's Attorneys Office (including designated personnel) retains the sole discretion and authority (as defined in the "Financial Services Regulatory Relief Act of 2006 attachment A) to decide which worthless check(s) submissions shall be placed in the Worthless Check Diversion Program and which shall be retained for criminal investigation and/or prosecution. 6. CDP Requirement: CDP Services agrees to provide the following professional services to the Jurisdiction in a timely and efficient manner: A. Perform daily operations and management of all clerical and accounting functions related to processing worthless check writers (NSF checks and account closed checks) submitted by the Jurisdiction's Worthless Check Diversion Program. B. Generate letters to worthless check writers and follow through with respect to processing payments for restitution. Disbursement recovered restitution funds for the Page I 2 42 CHECK DIVERSION PROGRAM, LLC WORTHLESS CHECK DIVERSION AGREEMENT victim's. Restitution also includes payment of all administrative fees, and the payment of COP Services education training class fees. (See Section 4, 0) All offender payments shall be deposited into a designated bank trust account on behalf of the Jurisdiction Victims. This account and all its funds are to be disbursed as defined in section 4 item PC" of this agreement. C. Provide necessary correspondence and follow-up, if needed, by telephone and responding to inquiries of victims and offenders. O. Properly maintain all physical files, financial records, documentation, reports, computer files, etc. for a period of no more than six (6) years. E. Provide voluntary in person, online, or home study check offender financial management education classes with meaningful information and lessons for offenders regarding criminal consequences of property crimes, as well as focus on personal management of checking accounts and basic budgeting F. Schedule offender training classes and/or provide home study course. G. Maintain records of offenders making restitution, payment of fees, attendance records of offenders completing as well as failing to attend the training session. H. Maintain records of payment to the victims. I. Provide reports to the Jurisdiction; annual offender report, completed offender classes, and related reports as required by the Jurisdiction and law enforcement. J. Worthless check writers who fail to respond to the Worthless Check Program or refuse to voluntarily enroll into the program or to complete the training program as voluntarily agreed upon or by court ordered and/or who fails to make full restitution are considered to be non-compliant individuals. These individual listings will also be made available to the Jurisdiction and its designees for follow-up and for further review and appropriate action. K. COP Services on behalf of the Jurisdiction will provide reports as required by MN Statue 628.69 Subd 7. L COP to provide letters for Jurisdiction approval and sign off (Attachment S.) 7. Victim recovery: A. Face value of the worthless check(s) submitted and related victim expenses (bank fees and any mailing cost) identified at the time the worthless check is submitted to COP Services and when recovery of restitution is made from the individual responsible for the worthless check. Page I 3 43 CHECK DIVERSION PROGRAM, LLC WORTHLESS CHECK DIVERSION AGREEMENT 8. Check Diversion Program governed by (attachment A): A. Minnesota Statutes, section 604.113. B. Minnesota Statute 609.535 C. Minnesota Statute 628.69 D. Financial Services Regulatory Relief Act of 2006 9. Jurisdiction has no financial liability: It is understood and agreed by and between the parties that CDP Services will bear all financial liability for all aspects of its operations under this Agreement. 10. Termination of this agreement: A. This Agreement may be terminated at any time. without cause. by either party upon 30 days written notice to the authorized agent of the Jurisdiction or CDP Services. B. This Agreement may be immediately terminated by the Jurisdiction at any time if the Jurisdiction determines that CDP Services, (see section 18 of this Agreement) is acting, or has acted at any time during the term of this Agreement, in direct and clear violation of state or federal law. 11. Amendments or Material Modification: All amendments or modifications to this Agreement must be in writing and approved by both parties. Email may be an acceptable means of communication. (fill in mailing address) Check Diversion Program, LLC 415 Main Street Red Wing, MN 55066 Att: Scott Adkisson 12. Jurisdiction Has No Obligation to Victims: CDP Services and victims who participate in this program fully understand that the Worthless Check Diversion Program is providing a public service and the Jurisdiction is held harmless and has no liability to make recovery of any check(s) or obligated to take criminal action against offender(s). Page I 4 44 CHECK DIVERSION PROGRAM, LLC WORTHLESS CHECK DIVERSION AGREEMENT 13. Criminal Action: The Jurisdiction's Attorney's office may choose to prosecute offender(s) at its sole discretion. In the case where the offender fails to participate or complete Agreements with COP Services and victim(s) the Jurisdiction shall determine appropriate action to take with the worthless check writer, including criminal prosecution or other action determined by the Jurisdiction's Attorney's. 14. Hold Harmless and Indemnification: COP Services and its subcontractors shall save and protect, hold harmless, indemnify and defend the Jurisdiction and its Attorney's Office including their officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from or allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of COP Services and its employees and agents, in the performance of this Agreement. 15. CDP SERVICES as Independent Contractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. COP Services shall at all times remain as independent contractor with respect to the services to be provided under this Agreement. B. The Jurisdiction shall be exempt from payment of all unemployment insurance, FICA, retirement, life and medical insurance and workers' compensation insurance for any and all of COP Services employees and agents. Payment of insurance premiums, tax withholding, and all other benefits are strictly COP Services responsibility. 16. Subcontractor: COP Services shall retain the right to subcontract any portion of the work to be performed under this Agreement. COP Services may specifically assign processing of checks or payment processing operations (credit, check, debit electronic check, remote deposit, wire transfers, check representment processors, invoicing or billing processors) to increase efficiencies. In addition COP Services may assigned this complete Agreement to a new company, provided the Jurisdiction Attorney agrees to the assignment. COP Services shall be the sole responsible party for any and all expenses relating to an assignment of this Agreement Page I 5 45 CHECK DIVERSION PROGRAM, LLC WORTHLESS CHECK DIVERSION AGREEMENT 17. Data Practice: CDP Services agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentially. CDP Services will immediately report to the department head signing this agreement any request from third parties for information relating to this agreement. The Jurisdiction agrees to promptly respond to inquiries from CDP Services concerning data request. CDP Services agrees to hold the Jurisdiction, its officers, department head and employees harmless from any claims resulting from the CDP Services unlawful disclosure or use of data protected under state and federal laws. 18. Compliance with the Law: CDP Services agrees to abide by the requirements and regulations of The American with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. C.363). Civil Rights Ordinance (Ch. 139), and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disabilities, religion, and with sexual harassment, the Jurisdiction agrees to promptly supply all necessary clarifications. Violation of any of the above can lead to the termination of this Agreement. 19. Entire Agreement: This entire Agreement supersedes any and all other Agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and contains all of the Agreements between the parties with respect to said matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or Agreements, oral or otherwise, have been made by either party which is not embodied herein, and that no other Agreements, statements, or promises not contained within this Agreement shall be valid or binding. All provision contained within this Agreement shall be valid or binding. The laws of Minnesota and the United States of America shall govern all provisions within this Agreement. 20. Audits and Inspections: The Jurisdiction's Attorney's office or designated representative or other governmental agency exercising regulatory function over the business activities, while exercising reasonable, non-disruptive procedures, may inspect CDP Services records at anytime. 21. Insurance: CDP Services and/or its subcontractors agree to provide and maintain, at its own cost and at all times during its performance under this contract until completion of the work, such liability insurance coverage as is set forth below, and to otherwise comply with the provision that follow: Page I 6 46 CHECK DIVERSION PROGRAM, LLC WORTHLESS CHECK DIVERSION AGREEMENT A. Workers Compensation: Workers Compensation insurance in compliance with all applicable statutes. B. Auto Insurance (Owned and un-owned auto) C. General Liability: "Commercial General Liability Insurance" (Insurance Service Office policy form title), or equivalent policy form, providing coverage on an "occurrence", rather than on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying to this contract), Independent Contractors, and Products-Completed Operations Liability. Coverage for explosions, collapse and underground Hazards shall not be included. Such a policy shall name the Jurisdiction as additional insured hereunder, and shall apply on a primary basis with respect to any similar insurance maintained by the Jurisdiction, which other insurance of the Jurisdiction, if any, shall apply excess of COP Services insurance and not contributed therewith.COP Services Such Commercial General Liability insurance policy shall provide a combined single limit in the amount of at least $2,000,000 (two million) Each Occurrence, applying to liability for bodily injury and property damage, and a combined single limit of at least the same amount applying to liability for Personal injury and Advertising injury. Such minimum limits may be satisfied by the limit afforded under Firm's Commercial General Liability Insurance Policy, or by such Policy in combination with limits afforded by a Umbrella or Excess Liability Policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Policy is at least in all material respects as broad as that afforded by the underlying Commercial Liability Policy, and further that the Jurisdiction is included as an additional Insured thereunder. Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such aggregated limits are not at any time during which such coverage is required to be maintained hereunder reduced to less than the required Each Occurrence limited stated above, and further, that the Umbrella or Excess Liability provides from the point that such aggregate limits in the underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause the firm total deductibles or retention for Each Occurrence to exceed $10,000. O. Professional Liability: Professional or ("Errors & Omissions") Liability Insurance in the amount of at least $1,000,000 Each Occurrence (or "Wrongful Acf' or equivalent) and if applicable, Aggregate, covering COP Services Liability for Page I 7 47 CHECK DIVERSION PROGRAM, LLC WORTHLESS CHECK DIVERSION AGREEMENT negligent acts. errors. or omissions in the performance of professional services in connection with this Agreement. CDP Services Professional Liability Insurance may afford coverage on an occurrence basis or on a claims basis. It is however. acknowledged and agreed by the CDP Services that under claims-made coverage changes in insurers or in insurance policy forms could result in the impairment of the liability insurance protection intended for the Jurisdiction hereunder. CDP Services therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability Insurance coverage if such impairment of the protection for the Jurisdiction could result: and further, that it will exercise its right under any Extended Reporting Period" ("tail coverage") or similar claims-made policy option if necessary or appropriate to avoiding impairment of such protection. 22. COP Services further agrees that it will, throughout the entire period of three (3) years: 1. Advise the Jurisdiction on any intended or pending change in Professional Liability insurance or in policy forms, and provide the Jurisdiction with all pertinent information that the Jurisdiction may reasonably request to determine compliance with this paragraph. 2. Advise the Jurisdiction of any claims or threat of claims that might reasonably be expected to reduce the amount of such insurance remains available for the protection of the Jurisdiction. THEREFORE: IN WITNESS OF. the parties have executed the Agreement as of the data first written above Check Diversion Program, LLC, (CDP Services) City of Farmington By David McKnight City Administrator By Scott Adkisson, President Attachment A Laws Page I 8 48 R55CKSUM LOGISOO1V COUNCIL MEETING DECEMBER 19, 20~rl-YOFFARMlNGTON NOTE: Check Amount may not reflect actual check total due to sequencing of data. CounCil Check 5umlllalY Check # Date 118366 12/912011 118367 12/912011 118366 1219/2011 121512011 - 12/1812011 Amount SuppUer / Explanallon PO# 100291 AFLAC 3,002.66 NOV'111NSUR PREM, J4200 3,002.66 EMPLOYEE BENEATS Doc No Jnv No BU Ob} Sub Subledger Account Description 105309 128657/ J4200 7000 6158 100424 ARcnC GLACIER ICE 37.06 ICE CUBE ORDER 37.06 COST OF GOODS SOLD 105368 387133706 6115 5502 100079 ASPENWALL TREe SERVICE INC 1,282.50 BRUSH, TREE REMOVAL 105325 11-1267 1,571.06 STUMP GRINDING, HAULING 105326 11-1277 2,853.66 PROFESSIONAL SERVICES PROFESSIONAL SERVICES 1076 6401 1076 6401 118369 121912011 112292 BANKERS TITLE LLC 262.02 REF OVRPYMT ON UTIL ACCT 105165 20635 DAUAS AV 6200 1310 3 187.77 REF OVRPYMT ON UTIL ACCT 105191 53 ARBOR LANE 6200 13103 449.79 118370 12/9/2011 10D493 BELLBOY CORPORATION 222.55 PEPESZA VDK ORDER 105398 71140900 6110 5502 68.46 JUICE, MIX, BAR SUPPLIES 105400 86079200 6110 5502 238.20 YELLWTL WINE ORDER 105396 71144900 6110 5502 119.13 JUICE, MIX, BAR SUPPLIES 105399 86079300 6115 5502 389.65 SPIRITS, L1a, WINE ORDER 105397 71140600 6115 5502 1,037.99 118371 12/9/2011 118372 121912011 118373 121912011 12/1512011 9:12:38 Page - BU Description Co Dapt Div EMPLOYEE EXPENSE FUND 07000 02 PILOT KNOB LIQUOR 06100 02 NATURAL RESOURCES NATURAL RESOURCES 01000 07 01000 07 ACCOUNTS RECEIVABLE unun SEWER OPERATIONS ACCOUNTS RECEIVABLE unun SEWER OPERATIONS COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD 111280 BERNICK'S WINE 114.00 POMEGR SWT WINE ORDER 162.00 BOXER BEER ORDER 19.68 MP ORNG BEY ORDER 378.00 BOXER BEER ORDER 19.68 MP ORNG BEY ORDER 693.36 105382 38663 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EXP 06100 02 105383 38662 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EXP 06100 02 105384 38661 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EXP 06100 02 105380 38665 6115 5502 COST OF GOODS SOLD PILOT KNOB LIQUOR 06100 02 105381 38684 6115 5502 COST OF GOODS SOLD PILOT KNOB LIQUOR 06100 02 111135 BROWNELLS,INC 10.79- 167.80 SHOOTING SUPPLIES 157.01 MN SALES TAX DUE OTHER SUPPLIES & PARTS 105099 07045511.00 105099 07045511.00 1000 2415 1051 6250 110218 BURNETTITLE 100.25 REF OVRPYMT ON UTILACCT 100.25 6200 13103 ACCOUNTS RECEIVABLE unLm SEWER OPERATIONS 06200 08 1 105183 808-9THST 49 06200 08 06200 08 DOWNTOWN LIQUOR REV & EXP 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 PILOT KNOB LIQUOR 06100 02 PILOT KNOB LIQUOR 06100 02 GENERAL FUND BALANCE SHEE 01000 PATROL SERVICES 01000 05 R55CKSUM LOGISOO1V NOTE: Check Amount may not reflect actual check: total due to sequencing of <!ala. CITY OF FARMINGTON COuncil Check SUmmaJy 12/512011 - 12/1812011 Check: # Date Amount Suppner / explanation PO# Doc No Inv No au Obj Sub Subledger Account Description 118374 121912011 108360 CANNON RIVER WINERY 138.00 WINE ORDER 105401 4038 138.00 COST OF GOODS SOLO 6110 5502 118375 121912011 100058 CARQUEST AUTO PARTS 19.69 AUTO PARTS, FORD EXPED 105363 2131-262326 1060 6230 10.03 DIESa PARTS 105357 2131-263695 1060 6230 32.65 AUTO PARTS, BaT 105356 2131-263766 1090 6230 4.41 AUTO PARTS, WIPER BLO 105362 2131-262434 1090 6230 3.86- REF 263831, CR RETURN 105352 2131-264055 CR 6202 6230 4.33 AUTO PARTS, SPRK PLG 105354 2131-263837 6202 6230 12.09 AUTO PARTS, 105355 2131-263831 6202 6230 19.48 AUTO PARTS, PINlBUSHING 105353 2131-264047 6502 6230 12.00 AUTO PARTS, FILTERS 105358 2131-263571 7200 6230 30.85 AUTO PARTS 105359 2131-263420 7200 6230 65.44 AUTO PARTS, FILTERS 105360 2131-263395 7200 6230 4.68 AUTO SUPPUES 105361 2131-262507 7200 6230 16.84 AUTO PARTS 105364 2131-262279 7200 6230 34.49 AUTO PARTS 105365 2131-262265 7200 6230 58.53 AUTO PARTS, FILTERS 105366 2131-262179 7200 6230 321.85 118376 1219/2011 100025 CINTAS . 754 217.35 WKL Y MAT SRYS, CI1YHALL 104782 754744201 1015 6401 15.51 UNIFRM SRVS, MAlNT FACIL 105331 754752533 1072 6290 15.51 UNIFORM FEES 104613 754742405 1072 6290 15.51 WKL Y UNIFRM SRVS. CMF 104783 754744925 1072 6290 16.30 WKL Y UNIFRM SRVS, MAlNT FACIL 105017 754747461 1072 6290 15.51 WKL Y UNIFRM SRYS. MAlNT FACIL 105298 754750022 1072 6290 21.03 UNIFRM SRVS, MAlNT FACIL 105331 754752533 1090 6290 21.03 WKL Y UNIFRM SRVS, MAlNT FACIL 105298 754750022 1090 6290 21.03 WKLY UNIFRM SRVS, MAlNT FACIL 105017 754747461 1090 6290 21.03 WKLY UNIFRM SRVS, CMF 104783 754744925 1090 6290 48.71 UNIFORM FEES 104613 754742405 1090 6290 246.21 MAT SERVICES 104689 754743654 1090 6401 20.57 BLOG/CLEANING SUPPUES 104736 754744200 6110 6250 41.95 BLOG/CLEANING SUPPUES 104735 754743680 6115 6250 15.51 UNIFORM FEES 104613 754742405 6202 6290 15.51 WKLY UNIFRM SRVS, CMF 104783 754744925 6202 6290 16.30 WKLY UNIFRM SRVS, MAlNT FACIL 105017 754747461 6202 6290 15.51 UNIFRM SRVS, MAlNT FACIL 105331 754752533 6202 6290 50 .._------. -----..--... VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS PROFESSIONAL SERVICES UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING PROFESSIONAL SERVICES . OTHER SUPPUES & PARTS OTHER SUPPUES & PARTS UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING 12/15/2011 9:12:38 Page - 2 au Description CODept DIv DOWNTOWN UQUOR REV & EXP 06100 02 FIRE SERVICES 01000 06 FIRE SERVICES 01000 06 PARK MAINTENANCE 01000 09 PARK MAINTENANCE 01000 09 SEWER OPERATIONS EXPENSE 06200 08 SEWER OPERATIONS EXPENSE 06200 08 SEWER OPERATIONS EXPENSE 06200 06 WATER UTIL1lY EXPENSE 06500 08 FLEET OPERATIONS 07200 06 FLEET OPERATIONS 07200 06 FLEET OPERATIONS 07200 08 FLEET OPERATIONS 07200 08 FLEET OPERATIONS 07200 06 FLEET OPERATIONS 07200 08 FLEET OPERATIONS 07200 06 CITY HALL 01000 01 STREET MAINTENANCE 01000 06 STREET MAINTENANCE 01000 08 STREET MAINTENANCE 01000 06 STREET MAINTENANCE 01000 OB STREET MAINTENANCE 01000 OB PARK MAINTENANCE 01000 09 PARK MAINTENANCE 01000 09 PARK MAINTENANCE 01000 09 PARK MAINTENANCE 01000 09 PARK MAINTENANCE 01000 09 PARK MAINTENANCE 01000 09 DOWNTOWN UQUOR REV & EX? 06100 02 PILOT KNOB UQUOR 06100 02 SEWER OPERATIONS EXPENSE 06200 OB SEWER OPERATIONS EXPENSE 06200 06 SEWER OPERATIONS EXPENSE 06200 08 SEWER OPERATIONS EXPENSE 06200 08 R55CKSUM LOGISOO1V CITY OF FARMINGTON 12/1512011 9:12:38 NOTE: Check Amount may not reflect actual check: lotaI due 10 sequencing of data. Council Check SUmmary page- 3 121512011 - 12/18/2011 Check: # Date Amount Supplier I explanation PO# Doc No Inv No au ObJ Sub Subledger Account Description au Description Co Dept Div - -- 15.51 WKLY UNIFRM SRVS, MAlNT FACIL 10529B 754750022 6202 6290 UNIFORMS & CLOTHING SEWER OPERATIONS EXPENSE 06200 OB 29.27 UNIFRM SRVS. MAlNT FACIL 105331 754752533 6302 6290 UNIFORMS & CLOTHING SOLID WASTE OPERATIONS 06300 08 29.27 WKLY UNIFRM SRVS, MAlNT FACIL 105298 754750022 6302 6290 UNIFORMS & CLOTHING SOLID WASTE OPERATIONS 06300 08 29Zl WKLY UNIFRM SRVS, MAlNT FACIL 105017 754747461 6302 6290 UNIFORMS & CLOTHING SOLID WASTE OPERATIONS 06300 08 29Zl UNIFORM FEES 104613 754742405 6302 6290 UNIFORMS & CLOTHING SOLID WASTE OPERATIONS 06300 08 29Zl WKLY UNlFRM SRVS, CMF 104783 754744925 6302 6290 UNIFORMS & CLOTHING SOLID WASTE OPERATIONS 06300 08 15.51 WKLY UNIFRM SRVS, CMF 104783 754744925 6402 6290 UNIFORMS & CLOTHING STORM WATER UTIUTY OPERA 06400 OB 15.51 UNIFORM FEES 104613 754742405 6402 6290 UNIFORMS & CLOTHING STORM WATER UTIUTY OPERA 06400 08 16.30 WKLY UNIFRM SRVS, MAlNT FACIL 105017 754747461 6402 6290 UNIFORMS & CLOTHING STORM WATER UTIUTY OPERA 06400 08 15.51 WKL Y UNIFRM SRVS, MAlNT FACIL 105298 754750022 6402 6290 UNIFORMS & CLOTHING STORM WATER UTIUTY OPERA 06400 08 15.51 UNIFRM SRVS, MAlNT FACIL 105331 754752533 6402 6290 UNIFORMS & CLOTHING STORM WATER UTIUTY OPERA 06400 08 15.51 UNIFORM FEES 104613 754742405 6502 6290 UNIFORMS & CLOTHING WATER UTIUTY EXPENSE 06500 08 15.51 UNIFRM SRVS, MA1NT FACIL 105331 754752533 6502 6290 UNIFORMS & CLOTHING WATER UTIUTY EXPENSE 06500 08 15.51 WKLY UNIFRM SRVS, MAlNT FACIL 105298 754750022 6502 6290 UNIFORMS & CLOTHING WATER UTIUTY EXPENSE 06500 08 16.30 WKLY UNIFRM SRVS, MAlNT FACIL 105017 754747461 6502 6290 UNIFORMS & CLOTHING WATER UTIUTY EXPENSE 06500 08 15.51 WKLY UNIFRM SRVS, CMF 104783 754744925 6502 6290 UNIFORMS & CLOTHING WATER UTIUTY EXPENSE 06500 08 14.02 UNIFORM FEES 104613 754742405 7200 6290 UNIFORMS & CLOTHING FLEET OPERATIONS 07200 08 38.93 WKLY SHOP SUPPLIES 104783 754744925 7200 6230 VEHICLE SUPPLIES & PARTS FLEET OPERATIONS 07200 08 14.01 WKLY UNIFRM SRVS, MAlNT FACIL 105017 754747461 7200 6290 UNIFORMS & CLOTHING FLEET OPERATIONS 07200 08 38.93 SHOP SUPPLIES 104613 754742405 7200 6250 OTHER SUPPLIES & PARTS FLEET OPERATIONS 07200 08 14.02 WKLY UNIFRM SRVS, CMF 104783 754744925 7200 6290 UNIFORMS & CLOTHING FLEET OPERATIONS 07200 08 38.93 WKLY SHOP SUPPUES, MAlNT FAC 105017 754747461 7200 6230 VEHICLE SUPPLIES & PARTS FLEET OPERATIONS 07200 08 14.02 WKLY UNIFRM SRVS, MAlNT FACIL 105298 754750022 7200 6290 UNIFORMS & CLOTHING FLEET OPERATIONS 07200 08 38.93 WKLY AUTOfSHOP SUPPLIES, CMF 105298 754750022 7200 6230 VEHICLE SUPPLIES & PARTS FLEET OPERATIONS 07200 08 14.02 UNIFRM SRVS, MAlNT FACIL 105331 754752533 7200 6290 UNIFORMS & CLOTHING FLEET OPERATIONS 07200 08 38.93 WKL Y SHOP SUPPLIES, CMF 105331 754752533 7200 6230 VEHICLE SUPPLIES & PARTS FLEET OPERATIONS 07200 08 1,383.36 118377 121912011 1123n cmES TITL.E SERVICES U.C 98.20 REF OVRPYMT ON UTIL ACCT 105189 507 -13TH ST 6200 13103 ACCOUNTS RECEIVABLE UTIL1T1 SEWER OPERATIONS 06200 08 98.20 118378 121912011 100027 COCA-COLA BOTTUNG CO 221.40 SFT DRNK BEV ORDER 105375 0198449618 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EX? 06100 02 276.60 SFT DRNK BEV ORDER 105374 0198449915 6115 5502 COST OF GOODS SOLD PILOT KNOB LIQUOR 06100 02 498.00 118379 1219J2011 100071 COLLEGE CITY BEVERAGE INC 5,875.75 BEER,ALES, MALT UQ 105386 275009 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EX? 06100 02 3,835.65 BEER,ALES, MALT UQ 105385 275048 6115 5502 COST OF GOODS SOLD PILOT KNOB LIQUOR 06100 02 9,711.40 51 ... ..---......... ._....~--- ----- __ .______.._.._n__..._______.. __ n__..___ R55CKSUM lOGISOO1V NOTE: Check Amount may not reflect actual check to1aI due to sequencing of data. CITY OF FARMINGTON COunCIl Check SUmmary 12/1512011 9:12:38 Page - 4 12/512011 - 12/1812011 Check # Date Amount Suppner I Explanation PO# DOG No Inv No BU Obj SUb SubJedger Account Description au Description CO Dept DIv --- 118380 1219/2011 112140 COMMUNITY TITLE & ESCROW l.LC 93.75 REF OVRPYMT ON UTll ACCT 105179 5151 - UPPER 18 6200 13103 ACCOUNTS RECENABLE UTlUTI SEWER OPERATIONS 06200 08 93.75 118381 121912011 112150 COVERALL OF THE TWIN CITIES, I 2,929.57 DEe'11 ClEANING SERVICES 105302 7070172765 Dee 1015 6401 PROFESSIONAL SERVICES CITY HAlL 01000 01 365.20 DEe'11 ClEANING SERVICES 105302 7070172765 Dee 1060 6401 PROFESSIONAL SERVICES RRE SERVICES 01000 05 54.93 DEe'11 ClEANING SERVICES 105302 7070172765 Dee 1072 6401 PROFESSIONAL SERVICES STREET MAINTENANCE 01000 08 54.93 DEC'11 ClEANING SERVICES 105302 7070172765 Dee 1090 6401 PROFESSIONAL SERVICES PARK MAINTENANCE 01000 09 732.39 DEC'11 ClEANING SERVICES 105302 7070172765 DEC 2410 6401 PROFESSIONAL SERVICES SENIOR CENTER PROGRAMS 02400 09 137.32 DEe'11 ClEANING SERVICES 105302 7070172765 Dee 6202 6401 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE 06200 08 137.32 DEe'11 ClEANING SERVICES 105302 7070172765 Dee 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 27.48 DEe'11 ClEANING SERVICES 105302 7070172765 DEC 6402 6401 PROFESSIONAL SERVICES STORM WATER UTlUlY OPERA 06400 08 137.32 DEe'11 ClEANING SERVICES 105302 7070172765 DEC 6502 6401 PROFESSIONAL SERVICES WATER UTlUlYEXPENSE 06500 08 4,577.46 118382 121912011 109729 CRESCENT ElECTRIC SUPPLY CO 251.44 LAMPS, LT BULBS 105303 024-234402-00 1015 6240 BUILDING SUPPUES & PARTS CITY HAlL 01000 01 131.98 FLUOR LAMPS, L T BUlBS 105304 024-234380-00 1015 6240 BUILDING SUPPUES & PARTS CITY HAlL 01000 01 65.98 FLUOR LAMPS, LT BUlBS 105304 024-234380-00 1050 6250 OTHER SUPPLIES & PARTS POLICE ADMINISTRATION 01000 05 125.72 LAMPS, LTBUlBS 105303 024-234402-00 1050 6250 OTHER SUPPUES & PARTS POLICE ADMINISTRATION 01000 05 21.99 FLUOR LAMPS, L T BUlBS 105304 024-234380-00 1060 6240 BUILDING SUPPUES & PARTS RRE SERVICES 01000 06 41.90 LAMPS, L T BUlBS 105303 024-234402-00 1060 6240 BUIlDING SUPPLIES & PARTS RRE SERVICES 01000 06 25.15 LAMPS, LT BUlBS 105303 024-234402-00 1072 6240 BUILDING SUPPLIES & PARTS STREET MAINTENANCE 01000 08 1320 FLUOR LAMPS, L T BUlBS 105304 024-234380-00 1072 6240 BUILDING SUPPLIES & PARTS STREET MAINTENANCE 01000 08 1320 FLUOR LAMPS, L T BUlBS 105304 024-234380-00 1090 6240 BUILDING SUPPLIES & PARTS PARK MAINTENANCE 01000 09 25.15 LAMPS, LT BUlBS 105303 024-234402-00 1090 6240 BUILDING SUPPLIES & PARTS PARK MAINTENANCE 01000 09 83.82 LAMPS, LT BUlBS 105303 024-234402-00 2410 6240 BUIlDING SUPPLIES & PARTS SENIOR CENTER PROGRAMS 02400 09 43.99 FLUOR LAMPS, L T BUlBS 105304 024-234380-00 2410 6240 BUILDING SUPPLIES & PARTS SENIOR CENTER PROGRAMS 02400 09 83.82 LAMPS, LT BULBS 105303 024-234402-00 2502 6240 BUILDING SUPPLIES & PARTS ICE ARENA OPERATIONS EXPE 02500 09 43.99 FLUOR LAMPS, LT BULBS 105304 024-234380-00 2502 6240 BUILDING SUPPLIES & PARTS ICE ARENA OPERATIONS EXPE 02500 09 67.05 LAMPS, LT BULBS 105303 024-234402-00 6202 6240 BUILDING SUPPLIES & PARTS SEWER OPERATIONS EXPENSE 06200 08 32.99 FLUOR LAMPS, L T BULBS 105304 024-234380-00 6202 6240 BUILDING SUPPLIES & PARTS SEWER OPERATIONS EXPENSE 06200 08 67.05 LAMPS, L T BULBS 105303 024-234402-00 6302 6240 BUILDING SUPPLIES & PARTS SOLID WASTE OPERATIONS 06300 08 32.99 FLUOR LAMPS,lT BULBS 105304 024-234380-00 6302 6240 BUILDING SUPPLIES & PARTS SOLID WASTE OPERATIONS 06300 OB 6.60 FLUOR LAMPS, LT BULBS 105304 024-234380-00 6402 6240 BUILDING SUPPLIES & PARTS STORM WATER UTILITY OPERA 06400 08 67.05 LAMPS, L T BUlBS 105303 024-234402-00 6502 6240 BUILDING SUPPLIES & PARTS WATER UTlUlY EXPENSE 06500 08 32.99 FLUOR LAMPS, LT BULBS 105304 024-234380-00 6502 6240 BUILDING SUPPLIES & PARTS WATER UTlUlY EXPENSE 06500 08 1,278.03 118383 121912011 110844 DAKOTA COUNTY RNANCIALSRVS 2,126.80 NOV'11 STS CREWWORK 105284 NOV'11/ ACCT I 1090 6401 PROFESSIONAL SERVICES PARK MAINTENANCE 01000 09 52 ..... ; " .---------... .~.._---_.._----- ----*_..__._--- R55CKSUM LOGISOO1V NOTE: Check Amount may not reflect actual check: tolaI due to sequencing of data. Check # Date 118384 1219J2011 118385 121912011 118385 121912011 118387 12/9/2011 118388 1219J2011 Amount 2,126.80 4,253.60 Supplier 1 Explanatlon NOV'11 STS CREW WORK PO# Doc No lnv No -- 105284 NOV'11 1 ACCT I 112365 DAKOTA PUMP & CONTROL 290.34 PARTS, SEWER REPAIR 105069 16675 290.34 CITY OF FARMINGTON Councu Check: swnmary 121512011 - 12/1812011 BU Obj Sub 6402 6401 6202 6505 6110 5502 6110 5502 6115 5502 110291 DCA TITLE 93.56 OVRPYMTOFUTILACCT@DRHI\JlIBlD 76143 1018W1LLOWTR 6200 13103 93.56 105403 628119 105404 629132 105402 628120 105190 1131 PINEST 105067 635953/638781 105067 635953/638781 105067 635953/638781 105067 635953/638781 6200 13103 1072 6250 6202 6250 6402 6250 6502 6250 118391 121912011 100057 DICK'S SANITAnON INC 1,105.04 N0V'11 RECYCLE, SCHOOLS,D1STR 105199 1314937/15097 6302 6401 26,152.09 NOV'11 CITY CURBSIDE RECYCLE 105200 1314936/13938 6302 6401 17.38 NOV'11 RECYCLE, 2131STST 105201 1314938/23443 6302 6401 17.38 NOV'11 RECYCLE, 525 1 ST ST 105202 1314939/11575 6302 5401 91.50 NOV'11 RECYCLE, CELT'S PUB 105203 1314840/60414 6302 6401 34.12 NOV'11 RECYCLE, CITYHALL 105204 1314941/53922 6302 6401 45.43 NOV'11 RECYCLE, 508 3RD UBRAR 105205 1314842/16801 6302 6401 26.73 NOV'11RECYCLE,5083RDIDEA 105206 1314943/14706 6302 6401 19.25 NOV'11 RECYCLE, 509 3RD ST 105207 1314944/22115 6302 6401 93.55 NOV'11 RECYCLE, X/5TH ST 105208 1314945/15087 6302 6401 8.95 NOV'11 RECYCLE, 28 8TH ST 105209 1314946/52261 6302 6401 17.38 NOV'11 RECYCLE, 625 8TH ST 105210 1314847/55229 6302 6401 20.57 NOV'11 RECYCLE, 953 8TH ST 105211 1314946/15080 6302 6401 53 .. -_.~_.. .~~-_._....__._.,.__._.._.__._.._". 100072 DAY DISTRIBUTING CO 91.30 BEER,ALES, MALT UQ 40.70 STELLA UQ ORDER 573.60 BEER,ALES, MALT UQ 705.60 110986 DCA TITLE 186.24 REF OVRPYMT ON UTILACCT 186.24 100241 DELEGARD TOOL CO 86.19 GLOVES, TOOLS 66.16 GLOVES, TOOLS 86.16 GLOVES, TOOLS 86.16 GLOVES, TOOLS 264.67 Subledger Account Description PROFESSIONAL SERVICES EQUIPMENT REPAIR SERVICE COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD 12/1512011 9:12:38 Page - 5 BU Description Co Dept Div STORM WATER UTILITY OPERA 06400 08 SEWER OPERATIONS EXPENSE 06200 08 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 PILOT KNOB UQUOR 06100 02 ACCOUNTS RECENABLE UTIun SEWER OPERATIONS ACCOUNTS RECENABLE UTILITI SEWER OPERATIONS OTHERSUPPUES & PARTS OTHERSUPPUES & PARTS OTHERSUPPUES & PARTS OTHERSUPPUES & PARTS PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES 06200 08 06200 08 STREET MAINTENANCE 01000 08 SEWER OPERATIONS EXPENSE 06200 08 STORM WATER UTILITY OPERA 06400 08 WATER UTILITY EXPENSE 06500 08 SOUD WASTE OPERAnONS SOUD WASTE OPERATIONS SOUD WASTE OPERATIONS SOLID WASTE OPERATIONS SOUD WASTE OPERATIONS SOLID WASTE OPERATIONS SOLID WASTE OPERATIONS SOUD WASTE OPERATIONS SOUD WASTE OPERATIONS SOLID WASTE OPERATIONS SOLID WASTE OPERATIONS SOLID WASTE OPERATIONS SOUD WASTE OPERATIONS 06300 08 06300 08 06300 08 06300 08 06300 08 06300 08 06300 08 06300 08 06300 08 06300 08 06300 08 06300 08 06300 08 R55CKSUM LOGISOO1V CITY OF FARMINGTON 12/1512011 9:12:38 NOTE: Check Amount may not reflect actual check to1aJ due to sequencing of data. Council Check SUmmary Page- 6 121512011 - 12/1812011 Check # Date Amount Supplier / Explanatlon PO# Doc No Inv No au Obj Sub Subledger Account Description BU Description CO Oept DJv - -- 20.57 N0V'11 RECYCle, 957 8TH ST 105212 1314949/15082 6302 6401 PROFESSIONAL SERVICES saUD WASTE OPERATIONS 06300 08 45.43 N0V'11 RECYCle, 5089 208TH ST 105213 1314950 /36494 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 08300 08 68.76 NOV'11 RECYCle, 5147 208TH ST 105214 1314951/54808 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 08300 08 87.12 NOV'11 RECYCle, 4685 212TH ST 105215 1314952/15095 6302 6401 PROFESSIONAL SERVICES saUD WASTE OPERATIONS 08300 08 22.79 NOV'11 RECYCle, 5441 212TH ST 105216 1314953/16839 6302 6401 PROFESSIONAL SERVICES saUD WASTE OPERATIONS 06300 08 17.03 N0V'11 RECYClE, 6300 212TH ST 105217 1314954/15079 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 91.72 N0V'11 RECYCle, 3410 -213TH 105218 1314955/15088 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 8.95 N0V'11 RECYClE, 3240 - 220TH 105219 1314916/42370 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 95.93 NOV'11 RECYClE, 4300 - 220TH 105220 1314917/15091 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 17.38 NOV'11 RECYClE, 19700 AKIN PRS 105221 1314918/55695 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 17.38 NOV'11RECYClE,19roOAKINCHR 105222 1314919/53673 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 26.73 NOV'11 RECYCle, 20600 AKIN RD 105223 1314920/17353 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 26.73 NOV'11 RECYCle, 22098 CANTON 105224 1314921/44829 6302 6401 PROFESSIONAL SERVICES SCUD WASTE OPERATIONS 08300 08 114.89 N0V'11 RECYCle, TAMARACK RlDG 105225 1314922/44569 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 56.14 NOV'11 RECYClE,ALUNACUNIC 105226 1314923/15356 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 17.38 N0V'11 RECYClE, ARE STA#1 105227 1314924/44078 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 55.33 N0V'11 RECYClE, 22120 DENMARK 105226 1314925/17553 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 24.24 N0V'11 RECYClE, 310 DMSION S 105229 1318613/15083 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 ~ 297.01 N0V'11 RECYClE, 512 DMSION 105230 1314926/15088 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 08300 08 17.38 NOV'11 RECYClE, 21130 EATON AV 105231 1314927/15614 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 08300 08 17.38 N0V'11 RECYClE, 21210 EATON 105232 1314928/15098 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 8.08 N0V'11 RECYClE, 109 ELM UQ 105233 1314929/45872 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 26.73 N0V'11 RECYClE, ACE HARDWARE 105234 1314930/53050 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 48.76 N0V'11 RECYClE, 115 ELM ST 105235 1314931/31371 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 127.03 N0V'11 RECYCle, 219 ELM ST 105236 1314932/15106 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 17.38 NOV'11 RECYClE, 416 ELM ST 105237 1314933/44009 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 34.99 NOV'11 RECYClE, 626 HERITAGE 105238 1314957/30452 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 08300 08 36.08 NOV'11 RECYClE, POUCE STA 105239 1314934/30563 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 53.83 NOV'11 RECYClE, MAlNT FACILITY 105240 1314935/31235 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 08300 08 17.38 N0V'11 RECYClE, ARE STA#2 105241 1314956 /44079 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 17.38 N0V'11 RECYClE, 316 OAKST 105242 1314958/10803 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 26.73 N0V'11 RECYCle, 325 OAK ST 105243 1314959/11680 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 08300 08 77.03 NOV'11 RECYClE, 16290 PK 105244 1314960/41373 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 82.27 NOV'11 RECYClE, DOMINOS PIZZA 105245 1314962/38122 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 109.65 NOV'11 RECYClE, 18350 PKUQ# 105246 1314961/17550 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 36.08 NOV'11 RECYClE, UGLY MUG 105247 1314983/31499 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 134.06 NOV'11 RECYClE, SCHWlNESS 105248 1314964/31589 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 17.38 NOV'11 RECYClE, PK PIZZARIA 105249 1314965/32515 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 111.29 NOV'11 RECYCLE, SUPER AMERICA 105250 1314986/18935 8302 6401 PROFESSIONAL SERVICES saUD WASTE OPERATIONS 06300 08 77.02 NOV'11 RECYClE, CHASWD MRKTPL005251 1314987 /49563 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 38.76 NOV'11 RECYClE, FAlRYlEWMED 105252 1314968/51721 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 R55CKSUM LOGISOO1V NOTE: Check Amount may not reflect actual check to1aJ due to sequencing of data. Check # Date 118392 12/9/2011 118393 121912011 118394 12/912011 118395 12/912011 118396 12/9/2011 118397 12/9/2011 118398 12/9/2011 118399 12/9/2011 118400 12/9/2011 Amount 38.76 132.93 30,065.24 Supplier / Explanation PO# Doc No Inv No N0V'11 RECYClE, ROUNDBANK 105253 1314989/43757 N0V'11 RECYClE, 510 WILLOW ST 105254 1314970/19396 CITY OF FARMINGTON Council Check SUmmary 12/512011 - 12/1812011 au ObJ Sub 8302 6401 8302 6401 2,000.00 2,000.00 112375 DINGMAN, KURT REIMBOWNERFORESCRWFUNDS 105265 416002TPCLNDS 7500 2255 107008 DISTAD, RANDY 103.23 N0V'11 MILEAGE EXP REIMB 103.23 105265 NOV'11 EX? RElM 1094 6485 207.50 207.50 415.00 100149 ECM PUBUSHERS INC 11/18 AD, HOUDAY GIFT GUIDE 11/18 AD, HOUDAY GIFT GUIDE 105389 TI 00384126 105389 TI 00384126 6110 6492 6115 6492 102808 EDINAREALTY 205.76 OVRPYMT FR UTlLACCT~ 76776 19497 ELMWOOD C 6200 13103 205.76 100717 FARMERS MILL & ELEVATOR INC 902..88 CHEMICALS & SPREADER 105097 WF 035959 902.68 100022 FARMINGTON PRINTING INC 224.44 OFFlCESUPPUES. PAPER 104993 8892 224.44 109005 FORESTRY SUPPUERS INC 40.95 EQUIP PARTS 105102 252677-00 170.03 EQUIP PARTS 105102 252677-00 210.98 1090 6260 1010 6210 1076 6220 1090 6220 111146 FRANKLIN CLOSING SERVICES, Ll.C 80.25 REF OVRPYMT ON UTlLACCT 105313 165 HICKORY CT 6200 13103 80.25 111067 FRONTIERAG & TURF 122.35 PARTS, WIPERS 76.69 PARTS, SPRKT 199.04 105076 P24804 105077 P24666 1090 6505 1090 6505 55 Subledger Account Description PROFESSIONAL SERVICES PROFESSIONAL SERVICES DEPOSITS PAYABLE MILEAGE REIMBURSEMENT ADVERTISING ADVERTISING BU DescrIption SOLID WASTE OPERATIONS SOUD WASTE OPERATIONS ESCROW FUND 12/1512011 9:12."38 Page - 7 co Dept DJv 06300 08 06300 08 07500 02 PARK & RECREATION ADMIN 01000 09 DOWNTOWN UQUOR REV & EX? 06100 02 PILOT KNOB LIQUOR 06100 02 ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS CHEMICALS OFFICE SUPPUES EQUIP SUPPUES & PARTS EQUIP SUPPUES & PARTS PARK MAINTENANCE ADMINISTRATION NATURAL RESOURCES PARK MAINTENANCE ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS EQUIPMENT REPAIR SERVICE EQUIPMENT REPAIR SERVICE PARK MAINTENANCE PARK MAINTENANCE 06200 08 01000 09 01000 01 01000 07 01000 09 06200 08 01000 09 01000 09 R55CKSUM LOOISOO1V NOTE: Check Amount may not reflect actual check total due to sequencing of data. CITY OF FARMINGTON Council Check SUmmary 121512011 - 12/1812011 Check # Date 118401 12/9/2011 118402 12/9/2011 118403 12/9/2011 118404 121912011 118405 1219/2011 118406 12/9/2011 Amount Supplier 1 Explanatlon PO# Doc No Inv No BU ObJ Sub Subledger Account DescrIption 111631 FULL SERVICE BATTERY 47.32 6V SEWER BATIERlES ("i2) 106.82 SATfERlES 154.14 EQUIP SUPPUES & PARTS VEHICLE SUPPUES & PARTS 104986 004781 105010 004776 6202 6220 6402 6230 106836 GBI HOMES 2,000.00 ANAL GRADE,L5, B6 PRKVJEW PND 105283 19655 EMBERS AV 7500 2255 2,000.00 DEPOSITS PAYABLE 112378 HALTERMAN, KORY & LYNNE 4.44 REF, VOID PRMT#31631 105327 19988 EXPORTTR 1000 2420 199.35 REF, VOID PRMT#31631 105327 19968 EXPORTTR 1001 4305 203.79 BUILDING PERMIT SURCHARGE BUILDING PERMITS 112376 HAYES, GREG 200.00 11120 HAZMAT RFSH TRNG 200.00 TRAINING & SUSSISTANCE 105267 NOV2OHAZMATR 1061 6470 100597 INDEPENDENT BLACK DIRT CO INC 64.13 5 YRDS, CS VALVE REPLCMNT 105260 9125 64.13 OTHER SUPPUES & PARTS 6502 6250 109846 J J TAYLOR DISTRIBUTING CO OF 1,021.30 BEER,ALE.S,MALTUQ 105379 1870019 7,132.99 BEER,ALE.S. MALT UQ 105372 1870068 3,412.60 BEER,ALES, MALT UQ 105378 1870018 10,486.70 aEER,ALE.s, MALT UQ 105371 1670067 22,053.59 COST OF GOODS SOLD COST OF GOODS SOLO COST OF GOODS SOLO COST OF GOODS SOLD 6110 5502 6110 5502 6115 5502 6115 5502 118407 12/9/2011 100108 J P COOKE CO 11.62- 104997 151918 1000 2415 180.67 UC TAGS, O-RINGS 104997 151918 1010 6210 169.05 118408 1219/2011 112379 JACOBS US, LLC 140.00 REF, OVRPYMT OF ELEC PRMTS 105328 REF OVRPMT 1 PE 1001 5370 140.00 118409 1219/2011 MN SALES TAX DUE OFFICE SUPPUES CASH OVER & SHORT 107031 JIFFY.JR PRODUCTS 176.02 BLOG CLEANING SUPPLIES 176.02 OTHER SUPPUES & PARTS 105105 154035 1050 6250 56 . - --.--,.--,-----------.---------------.------.. 12/1512011 9:12:38 Page- 8 BU DescrIptlon co Oept DIY SEWER OPERATIONS EXPENSE 08200 08 STORM WATER UTlUTY OPERA 06400 08 ESCROW FUND 07500 02 GENERAL FUND BALANCE SHEE 01000 GENERAL FUND REVENUES 01000 01 RESCUE SQUAD SERVICES 01000 06 WATER UTlUTY EXPENSE 06500 08 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 PILOT KNOB UQUOR 06100 02 PILOT KNOB UQUOR 06100 02 GENERAL FUND BALANCE SHEE 01000 ADMINISTRATION 01000 01 GENERAL FUND REVENUES 01000 01 POUCE ADMINISTRATION 01000 05 R55CKSUM LOOISOO1V CITY OF FARMINGTON 1211512011 9:12:38 NOTE: Check Amount may not reflect actual check total due to sequenctng of data. Council Check SUmmary Page- 9 121512011 - 12/1812011 Check # Date Amount SUpplier 1 Explanation PO# Doc No Inv No au ObJ Sub Subledger Account Description BU Description CO Dept Div - -- 118410 121912011 100033 JOHNSON BROTHERS UQUOR CO 1,101.89 SPIRITS, UQUEURS 105411 1185725 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EX? 06100 02 858.59 WINE ORDER 105412 1185726 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 645.23 GIONEW WINE ORDER 105413 1185727 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 257.64 VENDG WHT ZlNF WINE 105414 1185728 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 2,916.53 SPIRITS, UQUEURS 105415 1187979 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 1,334.65 WINE ORDER 105416 1187980 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 217.94 E&J aRANDY ORDER 105417 1187981 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 1 ,222.07 WINE ORDER 105418 1187982 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 815.70 WINE ORDER 105424 1187983 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 971.85 GIONEW WINE ORDER 105407 1185435 6115 5502 COST OF GOODS SOLD PILOT KNOa UQUOR 06100 02 571.17 WINE ORDER 105408 1185436 8115 5502 COST OF GOODS SOLD PILOT KNOB UauOR 06100 02 1,262.07 SPIRITS, UQUEURS 105409 1185433 8115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 1,503.04 WINE ORDER 105410 1185434 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 3,054.55 SPIRITS, UQUEURS 105419 1187780 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 1,061.39 WINE ORDER 105420 1187781 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 291.57 SPIRITS, UQUEURS 105421 1187782 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 1,210.99 WINE ORDER 105422 1187783 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 1,030.49 WINE ORDER 105423 1187764 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 20,327.36 118411 121912011 110501 LAND TITLE INC 109.05 REF OVRPYMT ON UTlL ACCT 105181 31 PINE PL 6200 1310 3 ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS 06200 08 88.17 REF OVRPYMT ON UTlL ACCT 105266 11 WALNUTST 6200 13103 ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS 06200 08 197.22 118412 1219/2011 100256 LARSON COMPANIES LTD,INC 111.99 VEHICLE SUPPUES, COOLANT 105014 8-213200215 6302 6230 VEHICLE SUPPUES & PARTS SOLID WASTE OPERATIONS 06300 08 111.99 118413 1219/2011 100414 LONE OAK COMPANIES INC 150.00 POSTAGE FOR 12/31 UTlL alLLS 105310 DEC'11 UB PSTG 6202 6445 POSTAGE SEWER OPERATIONS EXPENSE 06200 08 150.00 POSTAGE FOR 12131 UTlL alLLS 105310 DEC'11 UB PSTG 8302 6445 POSTAGE SOUD WASTE OPERATIONS 06300 08 150.00 POSTAGE FOR 12131 UTlL BILLS 105310 DEC'11 UB PSTG 6402 6445 POSTAGE STORM WATER UTlUTY OPERA 06400 08 150.00 POSTAGE FOR 12/31 UTlL alLLS 105310 DEC'11 UB PSTG 6502 6445 POSTAGE WATER UTlUTY EXPENSE 06500 08 600.00 118414 1219/2011 109715 LUBRICATION TECHNOLOGIES, INC 364.87 DELVACLUBRlCATlONSlFLUID 105015 1980026 364.87 7200 6274 LUBRICANTS &ADDIT1VES . FLEET OPERATIONS 07200 08 57 R55CKSUM LOGISOO1V CITY OF FARMINGTON 12/1512011 9:12:38 NOTE: Check Amount may not reflect actual check total due to sequencing of data. COuncil Check SUmmary Page- 10 121512011 - 12/1812011 Check # Date Amount Supplier 1 Explanation PO# Doc No Inv No BU Obi Sub Subledger Account Description BU DescrIplion CO Dept Div -- 118415 121912011 107747 M.AMUNDSON LLP 71.60 BAGS FOR UQ SALES 105437 121527 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 08100 02 559.20 TOBACCO PRDCT, SFT DRNK aEV 105438 121526 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 630.80 118416 1219/2011 100075 MARKVU DISTRIBUTORS INC 38.70 N1A BEER ORDER 105390 831231 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 64.50 HRDCRAPPL COR ORDER 105391 831232 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 2,677.92 aEER,ALES, MALTUQ 105392 831230 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 51.90 N1A BEER ORDER 105393 831235 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 21.50 HRDCRAPPL COR ORDER 105394 831236 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 2,374.15 aEER,ALEs, MALT UQ 105395 831234 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 5,228.87 118417 1219/2011 111162 METRO UFT PROPANE MPLS 131.87 PROPANE ALL 105315 2774265 2502 6272 FUEL ICE ARENA OPERATIONS EXPE 02500 09 152.72 PROPANE FILL 105316 2m215 2502 6272 FUEL ICE ARENA OPERATIONS EXPE 02500 09 284.39 118418 12/9/2011 100155 METROPOUTAN COUNCIL ENVIRO SE 2,207.70 N0V'11 SRV AVAIL CHRG 105282 NOV'11 SACREPO 6201 5030 2,207.70 110186 MILLER, DAN 632.12 MAAG TACTICAL GEAR, REMS 105453 NOV'11 EXP REM 1050 6290 48.94 KNEE PADS, PMAG 5.56, 81130 JUN9 WEB ORDER 1051 6290 681.06 110231 MINNESOTA ABSTRACT & TITLE CO 45.18 OVRPYMT OF UTlLACCT~ 75805 1215 LARCH STRE 6200 1310 3 54.96 REF OVRPYMT ON UTlLACCT 105182 5074 UPPER 183R 6200 1310 3 100.14 SAC CHARGE RETAINER SEWER OPERATIONS REVENUE 06200 08 118419 12/9/2011 UNIFORMS & CLOTHING UNIFORMS & CLOTHING POUCE ADMINISTRATION PATROL SERVICES 01000 05 01000 05 118420 1219/2011 ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS 06200 08 06200 08 118421 121912011 101313 MINNESOTA DEPT OF LABOR & INDU 100.00 ANNUALELEVATOROPERUC 105287 ALR00154131 100.00 1015 6460 SUBSCRIPTIONS & DUES CITY HALL 01000 01 118422 1219/2011 100718 MINNESOTA ROADWAYS CO 350.00 CURBIST aRK SURETY DODGE SCHL 105281 4100 - 208TH ST 7500 2255 350.00 DEPOSITS PAYABLE ESCROW FUND 07500 02 118423 12/9/2011 100262 MN SCIA 58 R55CKSUM lOGISOO1V NOTE: Check Amount may not reflect actual check to1aJ due to sequencing of data. CITY OF FARMINGTON COuncil Check SUmmary 1211512011 9:12:38 Page- 11 121512011 - 1211812011 Check # Date Amount Supplier 1 explanation 180.00 2011 MNlSCIA FALL CONFR 180.00 PO# Doc No Inv No 105293 00170 SU ObJ Sub 1052 6470 Subledger Account Description TRAINING & SUBSISTANCE au Description INVESTIGATION SERVICES Co Dept 0Jv 01000 05 118424 12/912011 112377 MOUUN, DAN 53.56 RElMS, FLUOR LTS@ARESTA#1 105268 NOV EX? RElMBRS 1060 6240 BUILDING SUPPUES & PARTS FIRE SERVICES 01000 06 53.56 118425 12/9/2011 100070 MVTl. M1NN VAU.EY TESTING LABS 31.25 11/11 WATER TEST REPORT 104987 578187 6502 6401 PROFESSIONAL SERVICES WATER UTlUTY EXPENSE 06500 08 31.25 118426 12/9/2011 112030 NAPA AUTO PARTS 52,57 VEHICLE PRT, MNFLD GSKT 105345 020093 1072 6230 VEHICLE SUPPUES & PARTS STREET MAINTENANCE 01000 08 4.51 VEHICLE SUPPUES, U-BOLT 105344 020109 8302 6230 VEHICLE SUPPUES & PARTS SOLID WASTE OPERATIONS 06300 08 57.08 118427 12/9/2011 109419 NORTH COUNTRY BUSINESS PRODUCT 60.87 SRV CALL, SCAN 1 CABLE 105172 SDIN273468 6110 6401 PROFESSIONAL SERVICES DOWNTOWN UQUOR REV & EXP 06100 02 60.87 118428 12/9/2011 102644 NORTHERN SAFETY TECHNOLOGY 141.94 FLSH RED LED KIT 104998 29020 1060 6230 VEHICLE SUPPUES & PARTS FIRE SERVICES 01000 06 141.94 118429 12/9/2011 100177 NORTHLAND CHEMICAL CORP 130.87 SLOG CLEANING SUPPUES 105098 5042235 1015 6240 aUILDING SUPPUES & PARTS CITY HALL 01000 01 65.43 BLDG CLEANING SUPPLIES 105098 5042235 1050 6250 OTHER SUPPUES & PARTS POUCE ADMINISTRATION 01000 05 21.81 aLOG CLEANING SUPPUES 105098 5042235 1060 6240 BUILDING SUPPUES & PARTS FIRE SERVICES 01000 06 13.09 aLOG CLEANING SUPPUES 105098 5042235 1072 6240 BUILDING SUPPUES & PARTS STREET MAINTENANCE 01000 08 13.09 aLDG CLEANING SUPPUES 105098 5042235 1090 6240 BUILDING SUPPUES & PARTS PARK MAINTENANCE 01000 09 43.62 aLDG CLEANING SUPPUES 105098 5042235 2410 6240 BUILDING SUPPUES & PARTS SENIOR CENTER PROGRAMS 02400 09 43.62 BLOG CLEANING SUPPUES 105098 5042235 2502 6240 BUILDING SUPPUES & PARTS ICE ARENA OPERATIONS EXPE 02500 09 32.72 aLOG CLEANING SUPPUES 105098 5042235 6202 6240 BUILDING SUPPUES & PARTS SEWER OPERATIONS EXPENSE 06200 08 32.72 aLOG CLEANING SUPPUES 105098 5042235 6302 6240 BUILDING SUPPUES & PARTS SOUD WASTE OPERATIONS 06300 08 6.53 aLOG CLEANING SUPPUES 105098 5042235 6402 6240 BUILDING SUPPUES & PARTS STORM WATER UTlUTY OPERA 06400 08 32.72 SLOG CLEANING SUPPUES 105098 5042235 6502 6240 BUILDING SUPPUES & PARTS WATER UTlUTY EXPENSE 06500 08 436.22 118430 121912011 112374 NORTHWEST TlTLE AGENCY INC 246.55 REF OVRPYMT ON UTlLACCT 105180 1111 LOCUSTST 6200 13103 ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS 06200 08 246.65 59 "~-------"'-'."-'----' _.,----.------------~-------------_. ---_...._~~- ._'--~. - "." ---'-.-. R55CKSUM LOGISOO1V NOTE: Check Amount may not reflect actual check total due to sequencing of data. Check # Date 118431 121912011 118432 121912011 118435 121912011 118436 121912011 118437 121912011 118438 12/9/2011 118439 121912011 118440 121912011 Amount SuppUer 1 Explanatlon PO# ~ Jnv No 107597 OFACEMAX-ABOISECOMPANY UTlL BILL PlATE 104998 663786 OFACE SUPPUES 105025 770967 OFFICE SUPPUES. 8/0 105026 771232 11.17 267.78 4.26 303.21 1002S0 PAUsnS & SONS WINE COMPANY 669.00 WINE ORDER 105440 8329021-IN 315.75 WINE ORDER 105439 8329027-IN 984.75 100032 PEPSI COLA COMPANY 133.70 SFT DRNK aEV ORDER 105373 65561071 133.70 100034 PHIWPS WINE AND SPIRITS INC 74.04 SPIRITS. UQUEURS 105427 2162189 93.94 WINE ORDER 105428 2162190 1,028.06 SPIRITS, UQUEURS 105431 2163872 579.68 WINE ORDER 105432 2163873 526.75 WINE ORDER 105429 2163739 1,084.82 SPIRITS, UQUEURS 105430 2163738 392,73 WINE ORDER 105425 2162005 .12 KTLVDKFRTCHRG 105426 2162004 3,780.14 100136 PUBLIC EMPLOYEES RETIREMENT AS 105255 120711821181 105256 120711821182 7,315.30 10.972.98 18,288.26 100076 QUAUTY WINE AND SPIRITS CO 18.50 SEAGRAM UQ ORDER 105441 541961-CO 1,058.68 SPIRITS. UQUEURS 105442 541961..00 1,531.34 SPIRITS. UQUEURS 105443 541962..00 2,608.52 100125 R&RSPECIALTlES OF WISCONSIN I 74.25 BLADE SHARPENING 105323 0048696-1N 74.25 102453 REALTY HOUSE CITY OF FARMINGTON COuncil Check SUmmary 12/512011 - 12/1812011 BU Obj Sub 1010 6210 1010 6210 1010 6210 6110 5502 6115 5502 6110 5502 6110 5502 6110 5502 6110 5502 6110 5502 6115 5502 6115 5502 6115 5502 6115 5502 7000 2113 7000 6154 6110 5502 6110 5502 6115 5502 2502 6401 60 Subledger Account Description OFACE SUPPUES OFACE SUPPUES OFFICE SUPPUES COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD PERA PAYABLE PERA COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD PROFESSIONAL SERVICES 12/1512011 9:12:38 Page- 12 BU Description co Dept Div ADMINISTRATION ADMINISTRATION ADMINISTRATION 01000 01 01000 01 01000 01 DOWNTOWN UQUOR REV & EXP 06100 02 PILOT KNOB UQUOR 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 PILOT KNOB UQUOR 06100 02 PILOT KNOB UQUOR 06100 02 PILOT KNOB UQUOR 06100 02 PILOT KNOB UQUOR 06100 02 EMPLOYEE EXPENSE FUND EMPLOYEE EXPENSE FUND 07000 02 07000 02 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 PILOTKNOBUQUOR 06100 02 ICE ARENA OPERATIONS EXPE 02500 09 i .:-__.~~_____~_J R55CKSUM LOGISOO1V NOTE: Check Amount may not reflect actual check to1aJ due to sequencing of data. CITY OF FARMINGTON COUncil Check SUmmary 12/512011 - 12/1812011 Check # Date Amount 200.00 200.00 Supplier 1 Explanatlon PO# Doc No Inv No REF OVRPYMT ON UTlL ACCT 105186 19987 EVERHILL au ObJ Sub 6200 1310 3 118441 12/912011 110216 RELS TITLE 37.59 REF OVRPYMT ON UTlL ACCT 105184 616 UNDEN ST 6200 13103 37.59 118442 12/9/2011 100579 SCAN AIR AlTER INC 151.30 R70 MEDIA CABLE 105321 119476 2502 6505 151.30 118443 12/9/2011 111873 SECURED LENDING SERVICES 89.42 REF OVRPYMT ON UTlL ACCT 105187 404 OAK STREET 6200 13103 89.42 118444 12/912011 110818 SERVICE UNK 177.99 OVRPYMT FR UTlU1Y AccmJlRlEFUND 78102 108 4TH STREET 6200 13103 177.99 118445 12/9/2011 112051 SOUTHERN WINE & SPIRITS OF MN, 738.82 SPIRITS, UQUEURS 105377 1637786 218.28 SPIRITS, UQUEURS 105370 1663014 760.15 W1NEORDER 105376 1637787 664.44 SPIRITS, UQUEURS 105369 1663015 2,381.69 6110 5502 6110 5502 6115 5502 6115 5502 118445 1219/2011 100235 STERUNG CODIFIERS INC 384.00 SUPPLMNT#181, CITYIST ORD CODE 105296 11613 384.00 1010 6401 118447 12/9/2011 109007 TECH SALES CO PREVENTATIVE MAlNT CONTRCT 6202 6560 1,612.21 1,612.21 105329 316632 118448 12/912011 112309 TITAN MACHINERY 389.25 11/18 PURCH, EQUIP PARTS 389.25 1090 6230 105342 l#OUC019551 .. 118449 1219/2011 111297 TITLE SMART INC 353.14 REF OVRPYMT ON UTlL ACCT 353.14 105186 5324 -186TH ST 6200 13103 61 Subledger Account Description au Descrlptlon ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS EQUIPMENT REPAIR SERVICE 12/1512011 9:12:38 Page- 13 co Dept Div 06200 08 06200 08 ICE ARENA OPERATIONS EXPE 02500 09 ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD PROFESSIONAL SERVICES CONTRACTUAL SERVICES VEHICLE SUPPUES & PARTS 06200 08 06200 08 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 PILOT KNOB UQUOR 06100 02 PILOT KNOB UQUOR 06100 02 ADMINISTRATION 01000 01 SEWER OPERATIONS EXPENSE 06200 08 PARK MAINTENANCE ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS 01000 09 06200 08 R55CKSUM LOGISOO1V CITY OF FARMINGTON 12/1512011 9:12:38 NOTE: Check Amount may not reflect actual check total due to sequencing of data. COuncil Check SUmmary Page - 14 12/512011 - 12/1812011 Check # Date Amount Supplier 1 Explanation PO# Doc No Inv No BU ObJ Sub Subledger Account Descrlption BU Description CO Oept DJv --- 118450 121912011 100818 TOLL GAS & WELDING SUPPLY 214.57 GAS CYUNDERS 105341 373206/25401 6502 6250 OTHER SUPPUES & PARTS WATER UTILITY EXPENSE 06500 08 20.34 OXY/ACETYL CYUNDERS 105343 433129/25401 7200 6230 VEHICLE SUPPUES & PARTS FLEET OPERATIONS 07200 08 234.91 118451 121912011 111133 VAN DERBECK, JOSEPH 100.00 2009 PLAN COMM STlPEND,10 MTGS 86045 2009 STIPEND 1 1030 6401 PROFESSIONAL SERVICES PLANNING & ZONING 01000 03 100.00 118452 1219/2011 102592 WINE COMPANY, THE 136.00- ANGEUNE PINOT WINE CREDIT 105168 285472-00 CR 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EXP 06100 02 370.40 WINE ORDER 105444 285941-00 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EXP 06100 02 234.40 118453 1219/2011 100334 WINE MERCHANTS 275.66 WINE ORDER 105433 388051 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 162.94 WINE ORDER 105435 387574 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 243.66 WINE ORDER 105434 388000 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 245.68 CASA 01 ROCCO WINE ORDER 105436 387519 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 928.14 116454 121912011 102071 W1NGFOOT COMMERCIAL TIRE 1,017.11 VEHICLE TIRES 105011 124-1059712 7200 6232 VEHICLE TIRES FLEET OPERATIONS 07200 08 1,017.11 118455 1219/2011 110892 WIRTZ BEVERAGE MINNESOTA 4,019.45 SPIRITS, UQUEURS 105445 687293 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 1,186.59 SPIRITS, UQUEURS 105446 687294 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 1,484.79 WINE ORDER 105447 687297 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 71.80 BO 1NV663435, L1Q ORDER 105448 666995 6115 5502 COST OF GOODS SOLD PILOT KNOB LIQUOR 06100 02 4,331.41 SPIRITS, UQUEURS 105449 687296 6115 5502 COST OF GOODS SOLD PILOT KNOB LIQUOR 06100 02 295.06- REF661063, CR GRND MAR 105450 847342 CM 6115 5502 COST OF GOODS SOLD PILOT KNOB LIQUOR 06100 02 89.70- REF663435, WNDSR CAN 105451 848212 CM 6115 5502 COST OF GOODS SOLD PILOT KNoa UQUOR 06100 02 216.50 KORBEL BRUT CHAMP ORDER 105452 669062 6115 5502 COST OF GOODS SOLD PILOT KNOB LIQUOR 06100 02 10,925.78 118456 121912011 110956 YALE MECHANICAL 240.00 CK BOILERS@POUCESTA 105320 125236 1050 6401 PROFESSIONAL SERVICES POUCE ADMINISTRATION 01000 05 939.40 SRV MUA@ARESTA#2 105319 125060 1060 6401 PROFESSIONAL SERVICES FIRE SERVICES 01000 06 1,179.40 118457 1219/2011 103627 ZAHL-PETROLEUM MAINTENANCE CO 62 R55CKSUM LOGISOO1V NOTE: Check Amount may net reflect actual check total due to sequencing of data. Check # Date 118458 121912011 Amount 56.11 56.11 112.22 Supplier 1 explanation RECEIPT PAPER ORDER RECEIPT PAPER ORDER PO# Doc No Inv No -- 105093 0174351-IN 105093 0174351-1N CITY OF FARMINGTON COuncil Check SUmmary 12/512011 - 12/1812011 au Obj Sub 6110 6250 6115 6250 6402 6230 118459 121912011 100019 Z1EGL.ER INC 40.23 VEHICLE PARTS 105013 PCOO1332827 1072 6230 40.23 118480 12/1612011 112380 ADVISORS REALTY INC 52.58 REF OVRPYMT ON UTlL ACCT 105501 812 SPRUCE ST 6200 13103 52.58 118461 12/1612011 118462 12/16J2011 118463 12/1612011 118464 12/1612011 118465 12/18/2011 118466 12/1612011 100020 ZARNOTH BRUSH WORKS lNC 636.44 DSP GUTTER BRM, SHOES 105089 0136639-lN 636.44 100160 AFANITY PLUS FEDERAl. CREDIT U 105511 121411924273 1,635.00 1,635.00 111839 ANDERSON GROUP, THE 62.23 REFOVRPYMTON UTlLACCT 105536 35ARBORLN 62.23 112389 AT&TSUBPOENACENTER 40.00 SUBPOENAS PROCESS FEE 105632 89702/#103805 40.00 112190 BARR ENGINEERING COMPANY 4,302.00 10108-11/04SRVS, PH I NO CRK 105024 23191116.00-6 4,302.00 43.68 394.35 625.50 271.01 1,334.54 100493 BEllBOY CORPORATION MIX, BAR SUPPUES WINE ORDER WINE ORDER JUICE,MIX,BAR SUPPUES 105575 86108600 105577 71239400 105576 71239500 105574 86108700 111280 BERNICK'S WINE 64.00 UQ ICE ORDER 744.00 BEER ORDER 105599 39453 105600 39454/800449 7000 2130 6200 1310 3 1052 6401 6402 6401 6110 6110 6115 6115 5502 5502 5502 5502 6110 5502 6110 5502 63 Subledger Account Description OTHER SUPPUES & PARTS OTHER SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS 12/1512011 9:12:38 Page- 15 BU Description CO Oept Div DOWNTOWN LIQUOR REV & EX? 06100 02 PILOT KNOa UQUOR 06100 02 STORM WATER UTlLITY OPERA 06400 08 STREET MAINTENANCE 01000 08 ACCOUNTS RECEIVABLE UTIUTl SEWER OPERATIONS 06200 08 EMPLOYEE EXPENSE FUND 07000 02 CREDIT UNION PAYABLE ACCOUNTS RECEIVABLE UTIUTl SEWER OPERATIONS PROFESSIONAL SERVICES PROFESSIONAL SERVICES COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD 06200 08 INVESTIGATION SERVICES 01000 05 STORM WATER UTILITY OPERA 06400 08 DOWNTOWN UQUOR REV & EX? 06100 02 DOWNTOWN UQUOR REV & EX? 06100 02 PILOT KNOB UQUOR 06100 02 PILOT KNOB UQUOR 06100 02 DOWNTOWN UQUOR REV & EX? 06100 02 DOWNTOWN UQUOR REV & EX? 06100 02 R55CKSUM LOGISOO1V NOTE: Check Amount may not reflect actual check total due to sequencing of data. CITY OF FARMINGTON Council Check SUmmary Check # Date PO# Doc No Inv No 12/512011 - 12/1812011 Amount SuppDer 1 Explanation 808.00 118467 12/16/2011 110218 BURNETT1TI.E 129.90 REF OVRPYMT ON UTlL ACCT 37.83 REF OVRPYMT ON UTlL ACCT 187.73 105534 18325 EUCUD ST 6200 105535 5798-18OTH ST 6200 BU Obj Sub Subledger Account Description 1310 3 13103 12/1512011 9:12:38 ?age- 16 BU Description co Dept OJv ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS 08200 08 06200 08 VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS VEHICLE SUPPUES & PARTS MISCELLANEOUS REVENUE DEPOSITS PAYABLE CONTRACTS PAYABLE RENTAL OF EQUIPMENT COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD DEPOSITS PAYABLE BUILDING REPAIR SERVICE BUILDING REPAIR SERVICE BUILDING REPAIR SERVICE BUILDING REPAIR SERVICE BUILDING REPAIR SERVICE BUILDING REPAIR SERVICE PATROL SERVICES PARK MAINTENANCE SOUD WASTE OPERATIONS WATER UTlUTY EXPENSE 01000 05 01000 09 06300 08 06500 08 GENERAL FUND REVENUES ESCROW FUND 01000 01 07500 02 GENERAL FUND BALANCE SHEE 01000 STREET MAINTENANCE 01000 08 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 PILOT KNOB UQUOR 06100 02 GENERAL FUND BALANCE SHEE 01000 STREET MAINTENANCE 01000 08 PARK MAINTENANCE 01000 09 SEWER OPERATIONS EXPENSE 08200 08 SOUD WASTE OPERATIONS 08300 08 STORM WATER UTILITY OPERA 06400 08 WATER UTlUTY EXPENSE 06500 08 R55CKSUM lOGISOO1V CITY OF FARMINGTON 12/1512011 9:12:38 NOTE: Check Amount may not reflect actual check total due to sequenctng of data. Council Check SUmmary Page- 17 12/512011 - 12/1812011 Check # Date Amount Supplier 1 Explanation PO# Doc No Inv No au ObJ Sub Subledger Account Description BU Description CoDept 0Iv - - - -- 116474 12/1612011 110669 CROWN UFT TRUCKS,l.lC 25.29 EQUIPNEHICLE PART 105465 166022617 6202 6230 VEHICLE SUPPUES & PARTS SEWER OPERATIONS EXPENSE 08200 08 25.29 EQUIPNEHICLE PART 105465 166022617 8302 6230 VEHICLE SUPPUES & PARTS SOUD WASTE OPERATIONS 06300 08 25.29 EQUIPNEHICLE PART 105465 166022617 6402 6230 VEHICLE SUPPUES & PARTS STORM WATER UTlLITY OPERA 08400 06 25.28 EQUIPNEHICLE PART 105465 166022617 6502 6230 VEHICLE SUPPUES & PARTS WATER UTlUTY EXPENSE 08500 06 101.15 116475 12/16/2011 100081 DAKOTA COUNTY LUMBER COMPANY 13.17 WOOD STAKE BUNDLES 105467 157123 1072 6250 OTHER SUPPUES & PARTS STREET MAINTENANCE 01000 08 25.11 TREATED LUMaER 105564 157067 1090 6250 OTHER SUPPUES & PARTS PARK MAINTENANCE 01000 09 38.28 116476 12/16/2011 100072 DAY DISTRIBUTING CO 1,139.00 aEER,ALES,MALT UQUOR 105581 629133 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 1,139.00 116477 12/16/2011 110462 DENNISON TECHNOLOGY GROUP, INC 400.78 SRV SHORETEL PHONE@ PD 105454 2-3337 7400 6401 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 07400 04 400.78 116478 12/16/2011 1000$7 DICK'S SANITATION !NC 25.00 11/29 EXTRAS ACCT, YRD WST 105464 1320223/32975 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 25.00 116479 12/16/2011 102808 EDINA REALTY 567.83 REF OVRPYMT ON UTlL ACCT 105532 46 PINE PL 6200 1310 3 ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS 06200 08 34.65 REF OVRPYMT ON UTlLACCT 105641 4749 -187TH ST 6200 1310 3 ACCOUNTS REC8VABLE UTlUTl SEWER OPERATIONS 06200 08 602.48 118480 12/16/2011 112388 EMBASSY ENTERPRISES l.lC 255.77 REF OVRPYMT ON UTlL ACCT 105533 22260 CHIPPENDA 6200 13103 ACCOUNTS REC8VABLE UTlUTl SEWER OPERATIONS 06200 08 255.77 118481 12/16/2011 100188 FARMINGTON EMPLOYEE CLUB 40.00 105505 1214119242711 7000 2121 EMPLOYEE CLUB EMPLOYEE EXPENSE FUND 07000 02 40.01 10/23-11/19 VENDING COMMISS 105520 OCT-N0V'11 VEND 7000 2121 EMPLOYEE CLUB EMPLOYEE EXPENSE FUND 07000 02 80.01 116482 12/1612011 110918 FARMINGTON LANES 100.00 REF OVRPYMT, 2012 UQ UC 100.00 105521 RECPT#63683 1001 53ro CASH OVER & SHORT GENERAL FUND REVENUES 01000 01 65 R55CKSUM lOGISOO1V NOTE: Check Amount may not reflect actual check total due to sequenclng of data. Check# Date 118483 12/16/2011 118484 12/16/2011 118485 12/1812011 118486 12/16/2011 Amount Supplier 1 Explanation PO# Doc No Inv No 112387 ARST NATIONAL BANK OF OMAHA 221.39 REF OVRPYMT ON UTIL ACCT 105540 53 ARBOR LN 221.39 31.50 31.50 108507 RUM MIX FLAHERTY'S HAPPY TYME COMPANY 105620 25576 111146 FRANKUN CLOSING SERVICES, LLC 157.63 REFOVRPYMTONUTlLACCT 105541 945PINEST 95.57 REF OVRPYMT ON UTILACCT 105542 5211 -163RD ST 253.20 10035S FRONTIER COMMUNICATIONS _ FCA .33 SEP'11 LD FAXSRV, PD 103873 3578392/20210 .64 OC1"11 LD FAX CHRGS, PD 104771 3596643 .44 NOV'11 LONG DISTFAXCHRGS 105264 3618615/20210 1.41 118487 12/16/2011 118488 12/1812011 118489 12/1812011 118490 1211812011 118491 12/1812011 3,579.51 3,579.51 102213 FUN SERVICES SECRET SANTA SHOP 105481 18516 100074 HOHENSTElNS INC 90.00 BEER ORDER 485.80 BEER,AL.ES,MAL T UQUOR 575.80 105601 582536 105602 582535 100161 leMA RETIREMENT TRUST-457 105512 121411924274 105513 121411924275 5,063.44 2,856.50 7,919.94 CITY OF FARMINGTON COuncil Check SUmmary 121512011 - 1211812011 au Obj Sub Subledger Account DescrIption 6200 13103 6110 5502 6200 1310 3 6200 1310 3 7400 6411 7400 6411 7400 6411 1095 6570 6110 5502 6110 5502 7000 2114 7000 5325 107897 IKON OFFICE SOLUTIONS 418.96 DEC'11 COPIER MAINTENANCE 105529 5021879192 Dee 1010 6505 418.98 103957 INTERNAL REVENUE SERVICE 105507 1214119242713 870.21 670.21 7000 2126 66 BU DescrIption ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS COST OF GOODS SOLD 1211512011 9:12:38 Page- 18 CO Oept DJv 06200 08 DOWNTOWN UQUOR REV & EXP 06100 02 ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS TELEPHONE TELEPHONE TELEPHONE PROGRAMMING EXPENSE COST OF GOODS SOLD COST OF GOODS SOLD ICMAPAYABLE ICMA EQUIPMENT REPAIR SERYlCE GARNISHMENT PAYABLE INFORMATION TECHNOLOGY INFORMATION TECHNOLOGY INFORMATION TECHNOLOGY 06200 08 06200 08 07400 04 07400 04 07400 04 RECREATION PROGRAM SERVIC 01000 09 DOWNTOWN LIQUOR REV & EXP 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 EMPLOYEE EXPENSE FUND EMPLOYEE EXPENSE FUND ADMINISTRATION EMPLOYEE EXPENSE FUND 07000 02 orooo 02 01000 01 07000 02 R55CKSUM LOGISOO1V CITY OF FARMINGTON 12/1512011 9:12:38 NOTE: Check Amount may not reflect actual check total due to sequencing of data. COunCil Check SUmmary Page- 19 121512011 - 12/1812011 Check # Date Amount Suppller 1 Explanation PO# Doc No Inv No au ObJ Sub Subledger Account Description BU Description CO Dept DJv -- --- 118492 12/1612011 109846 J J TAYLOR DISTRIBUTING CO OF 1,549.85 BEER,ALES,MALT UQ 105621 1870103 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 1,549.85 118493 12/1612011 100033 JOHNSON BROTHERS UQUOR CO 57.47- BRFT SWT RED, LOST 105583 518212 CM 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 822.43 SPIRITS, UQUEURS 105587 1192553 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 315.08 WINE ORDER 105588 1192554 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EXP 06100 02 206.19 SPIRITS, UQUEURS 105589 1192555 6110 5502 COST OF GOODS SOLD DOWNTOWN LIQUOR REV & EXP 06100 02 895.26 WINE ORDER 105590 1192556 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 22.46 B&J MARG ORDER 105591 1192557 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 284.41 WINE ORDER 105592 1192558 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 4.79- BRFT PINOT GRlG, DAMAGED 105582 518061 CM 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 2,483.57 118494 12/1612011 100164 LAW ENFORCEMENT LABOR SERVICES 378.00 105515 121411924277 7000 2116 LELS DUES PAYABLE EMPLOYEE EXPENSE FUND 07000 02 378.00 118495 12/16/2011 111159 LENZ, RICHARD 162.00 7/05-12106 ATNESS ClASSES 105502 JUL-DEC CLSS IN 2410 6401 PROFESSIONALSERYICES SENIOR CENTER PROGRAMS 02400 09 162.00 118496 12/1612011 100414 LONE OAK COMPANIES INC 74.29 DEC'11 ua MAlUNG SRVS 105491 53381 6202 6401 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE 06200 08 47.11 DEC'11 ua POSTAGE BALANCE 105491 53381 6202 6445 POSTAGE SEWER OPERATIONS EXPENSE 06200 08 47.11 DEC'11 ua POSTAGE BALANCE 105491 53381 6302 6445 POSTAGE SOUD WASTE OPERATIONS 06300 08 74.29 DEC'11 ua MAlUNG SRVS 105491 53381 8302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERATIONS 06300 08 74.26 DEC '11 ua MAlUNG SRVS 105491 53381 6402 6401 PROFESSIONAL SERVICES STORM WATER UTlUTY OPERA 06400 08 47.11 DEC'11 ua POSTAGE BALANCE 105491 53381 6402 6445 POSTAGE STORM WATER UTlUTY OPERA 06400 08 47.11 DEC'11UapOSTAGEBALANCE 105491 53381 6502 6445 POSTAGE WATER UTlUTY EXPENSE 06500 08 74.29 DEC'11 UB MAlUNG SRVS 105491 53381 6502 6401 PROFESSIONAL SERVICES WATER UTlUTY EXPENSE 06500 08 485.59 118497 12/1612011 107747 M. AMUNDSON LLP 543.40 TOBACCO PRODUCTS, BEY 105597 121945 6115 5502 COST OF GOODS SOLD PILOT KNOa UQUOR 06100 02 74.80 BAGS FOR UQ SALES 105598 121947 6115 6250 OTHER SUPPUES & PARTS PILOT KNOB UQUOR 06100 02 618.20 118498 12/1612011 100075 MARK VII DISTRIBUTORS INC 1,639.30 BEER,ALES,MAL T UQUOR 105571 833895 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 3,675.00 BEER,ALES,MALT UQUOR 105572 833901 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 67 ----~-_._.~--_.. '--'-. ..._..........~._......_._-.-~.. .__...._..__.....h....._._...... ........----..---- -- ---- R55CKSUM LOOISOO1V NOTE: Check Amount may not reflect actual check total due to sequencing of data. Check # Date 118499 12/1612011 118500 12/1612011 118501 12/1612011 118502 12/1612011 118503 12/1612011 118504 12/1612011 118505 12/1612011 11850B 12/1612011 118507 12/1612011 Amount 31.00 5,345.30 Supplier 1 Explanation 1919 PONY BEY ORDER PO# Doc No Inv No 105573 833902 100527 METRO ALARM CONTRACTORS !NC 225.00 SRV ALRM EQUIP, PK UQ #A 105616 51331 225.00 CITY OF FARMINGTON COuncil Check SUmmary 12/512011 - 12/1812011 au Obj Sub 6115 5502 6115 6505 110984 MIDWEST REALTY NETWORK INC 27.97 REFOVRPYMTONUTlLACCT 105543 1012W1LLOWTR 6200 13103 27.97 808.28 808.26 100183 MINNESOTA AFSCMECOUNCIL#5 105514 121411924276 7000 2115 102725 MINNESOTA DEPT OF HEALTH 9.576.00 10101-12/31 WTRSRVCONNECTFE 105263 11900080CT-DE 6501 5025 9,576.00 111751 MINNESOTA DIRT WORKS,!NC 12,266.00 3126-7/01/11 SRVS. PK TRAIL 105617 PY REO# 5 PILOT 4120 7010 12,266.00 215.04 296.72 241.80 753.56 100166 MN CHILD SUPPORT PAYMENT CENTE 105504 1214119242710 105516 121411924278 105517 121411924279 100322 MN NCPERS UFE INSURANCE 105506 1214119242712 16.00 16.00 100070 MVTL-MINN VAllEY TESTING LABS 31.25 11/18WATERTESTREPORT 105106 579114 6.25 11/18WTRTESTREPORT 105107 579116 37.50 92.03 10.64 10.64 101254 ORKIN EXTERMINATING 11/29 PEST CTRL SRV, CITYHALL 11/29 PST CTRL SRVS, CMF 11/29 PST CTRL SRVS, CMF 105555 69959955/7200 105467 69959948/7200 105467 69959948/7200 7000 2118 7000 2118 7000 2118 7000 2119 6502 6401 6502 6401 1015 1072 1090 6401 6401 6401 68 Subledger Account Description COST OF GOODS SOLD EQUIPMENT REPAIR SERVICE BU Description PILOT KNOB UQUOR PILOT KNOa UQUOR ACCOUNTS RECEIVABLE UTlUTl SEWER OPERATIONS AFSCME UNION DUES PAYABLE EMPLOYEE EXPENSE FUND ENTERPRISE SALES CONSTRUCTION CONTRACTS CHILD SUPPORT PAYABLE CHILD SUPPORT PAYABLE CHILD SUPPORT PAYABLE PERAUFE INS PAYABLE PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES WATER UTIUTY REVENUES PILOT KNOB TRAIL EMPLOYEE EXPENSE FUND EMPLOYEE EXPENSE FUND EMPLOYEE EXPENSE FUND EMPLOYEE EXPENSE FUND WATER UTIUTY EXPENSE WATER UTILITY EXPENSE CITY HALL STREET MAINTENANCE PARK MAINTENANCE 12/1512011 9:12:38 Page- 20 CO Dept Div 06100 02 06100 02 06200 08 07000 02 06500 08 04100 07 07000 02 07000 02 07000 02 07000 02 06500 08 06500 08 01000 01 01000 08 01000 09 R55CKSUM LOGISOO1V NOTE: Check Amount may not reflect actual check total due to sequencing of data. CITY OF FARMINGTON Council Check SUmmary 121512011 - 12/1812011 12/1512011 9:12:38 Page- 21 Check # Date Amount SuppUer 1 Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU DescrIption Co Dept DJv -- 26.59 11/29 PST CTRL SRVS, CMF 105467 69959948/7200 6202 6401 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE 06200 08 26.59 11/29 PST CTRL SRVS, CMF 105467 69959948/7200 6302 6401 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 08300 08 5.31 11/29 PST CTRL SRVS, CMF 105487 69959948/7200 6402 6401 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06400 08 91.13 11/29 PEST CTRL SRV, WTR 1WR 105556 69958110 12687 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 26.59 11/29 PST CTRL SRVS, CMF 105487 69959948 '7200 6502 6401 PROFESSIONAL SERVICES WATER UTIUTY EXPENSE 0650008 289.52 118508 12/16/2011 118509 12/16/2011 118510 12/16/2011 118511 12/16/2011 100290 PAUsns & SONS WINE COMPANY 402.49 WINE ORDER 105603 8329952-IN 402.49 6115 5502 COST OF GOODS SOLD 100034 PHIWPS WINE AND SPIRITS INC 17.12- TEQROSE,DAMAGED 105564 3472354CR 12.00- BANRCK SHRZ, BAD TASTE 105585 3472286 CR 35.62- ARBOR STRW WHT Z1NF, MISPIK 105593 3472640 CM 1,468.96 SPIRITS, UQUEURS 105594 2167154 106.86 WINE ORDER 105595 2187155 1,511.08 6110 5502 6110 5502 6110 5502 6110 5502 6110 5502 COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD 100152 ~ 458.15 2012 CALENDAR PSTG 458.15 2012 CALENDAR PSTG 458.15 2012 CALENDAR PSTG 458.14 2012 CALENDAR PSTG 1,832.59 105488 PRMT36 CALENDAR 6200 1505 105488 PRMT36 CALENDAR 8300 1505 105488 PRMT36 CALENDAR 6400 1505 105488 PRMT36 CALENDAR 6500 1505 PREPAID EXPENSES PREPAID EXPENSES PREPAID EXPENSES PREPAID EXPENSES 1107&0 PRO-TECH DESIGN SECURITY SOLUT 871.04 8/18, 9101 SRV INTELJ)( @ PO 105635 58708 671.04 1050 6401 PROFESSIONAL SERVICES 118512 12/16/2011 108266 PUBUC AGENCY TRAINING COUNCIL 275.00 1123-24 SEMINAR 1 SUNDGREN 105638 148016-SUNDGR 1000 1505 275.00 1123-24 SEMINAR 1 FOX 105636 148016-SUNDGR 1000 1505 250.00 2/13-14 SEMINAR 1 HOLLATZ 105637 148017 - HOLLAT 1000 1505 250.00 2/13-14 SEMINAR 1 SUNDGREN 105637 148017 - HOLLAT 1000 1505 1,050.00 118513 12/1612011 100135 PUBUC EMPLOYEES RETIREMENT AS 19,717.59 105503 121411924271 rooo 2113 26,279.71 105510 121411924272 7000 6154 45,997.30 PREPAID EXPENSES PREPAID EXPENSES PREPAID EXPENSES PREPAID EXPENSES PERA PAYABLE PERA 69 PILOT KNoa UQUOR 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 06100 02 DOWNTOWN UQUOR REV & EXP 08100 02 SEWER OPERATIONS SOLID WASTE OPERATIONS STORM WATER UTILITY WATER UTlUTY 06200 08 06300 08 06400 08 06500 08 POUCE ADMINISTRATION 01000 05 GENERAL FUND BALANCE SHEE 01000 GENERAL FUND BALANCE SHEE 01000 GENERAL FUND BALANCE SHEE 01000 GENERAL FUND BALANCE SHEE 01000 EMPLOYEE EXPENSE FUND EMPLOYEE EXPENSE FUND orooo 02 07000 02 R55CKSUM LOGISOO1V NOTE: Check Amount may not reflect actual check total due to sequencing of data. Check# Date -- 118514 12/1612011 118515 12/1612011 118516 12/1612011 118517 12/1612011 118518 12/1612011 118519 12/1612011 118520 12/1612011 118521 12/1612011 118522 12/1612011 CITY OF FARMINGTON COuncD Check SUmmary 12/512011 - 12/1812011 12/1512011 9:12:38 Page - 22 Amount Supplier f Explanation PO# Doc No Inv No BU ObJ SUb Subledger Account Description BU Description CO Oept DJv --- 100076 QUALITY WINE AND SPIRITS CO 7.87- MC MSTRS CANADIAN CR 105604 545963-{J0 CM 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 06100 02 7.54- FULTON'S PUMPK UQ CR 105605 545970-00 CM 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EX? 08100 02 1,084.29 SPIRITS, UQUEURS, WINE 105607 545349-00 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 18.50 SEAGRM JAMAC UQ ORDER 105608 545349-CO 6110 5502 COST OF GOODS SOLD DOWNTOWN UQUOR REV & EXP 06100 02 1,494.75 SPIRITS, LIQUEURS, WINE 105608 545350..00 6115 5502 COST OF GOODS SOLD PILOT KNOB UQUOR 06100 02 2,582.33 103239 RCM SPEClALnES INC 2,300.00 PATCHING SERVICE 105498 3219 1072 6253 STREET MATERIALS STREET MAINTENANCE 01000 08 2,300.00 109332 RESOURCE RECOVERY TECHNOLOGIES 35,564.44 N0V'11 MSW HAUUNG FEES 105569 20168511 f 1015 6302 6401 PROFESSIONAL SERVICES SOUD WASTE OPERA nONS 08300 08 35,564.44 100357 RlVERTOWN NEWSPAPER GROUP 8.10 10123-11/13NEWSPPRSALES,ELM 105537 25992/RFARMLS 6110 5502 40.50 10123-11/13 NEWSPPR SALES, PK 105538 259871 RFARMFL 6115 5502 48.60 COST OF GOODS SOLD COST OF GOODS SOLD 112386 SAMUELSON SURVEYING INC 1,950.00 PRFSRVS, WALNUTSTPROJ 105518 WALNUTSTRECON4119 6401 1,950.00 PROFESSIONAL SERVICES 112227 SAVERS CHOICE STORE #326 43.68 SECRET SANTA EVENT 1055ro TRX 71 TERM6 43.68 2410 6570 PROGRAMMING EXPENSE 107018 SHAMROCK GROUP 5.17- 22.29- 80.42 WTR FLTRS FORFIRESTA 346.49 aAGS, ACE 20# 399.45 105290 204634 105291 204635 105290 204634 105291 204635 1000 2415 1000 2415 1060 6240 1060 6240 MN SALES TAX DUE MN SALES TAX DUE BUILDING SUPPUES & PARTS BUILDING SUPPLIES & PARTS 112051 SOUTHERN WINE & SPIRITS OF MN, 622.29 SPIRITS, UQUEUR, WINE 105622 1663045 622.29 6110 5502 COST OF GOODS SOLD 110799 SPECIALIZED ENVIRONMENTAL TECH 822.00 N0V'11 COMPOST HAUL, FEES 105330 10652 N0V'11 1076 6401 PROFESSIONAL SERVICES 70 DOWNTOWN UQUOR REV & EXP 06100 02 PILOT KNOB UQUOR 06100 02 WALNUTSTRECONSTRUCTION 04100 07 SENIOR CENTER PROGRAMS 02400 09 GENERAL FUND BALANCE SHEE 01000 GENERAL FUND BALANCE SHEE 01000 FIRE SERVICES 01000 06 FIRE SERVICES 01000 06 DOWNTOWN UQUOR REV & EXP 06100 02 NATURAL RESOURCES 01000 07 R55CKSUM LOGISOO1V NOTE: Check Amount may not reflect actual check total due to sequencing of data. CITY OF FARMINGTON Check # Date Council Check SUmmary Amount Supplier 1 Explanation 822.00 PO# Doc No Inv No 12/5/2011 - 12/1812011 118523 12/16/2011 118524 12/16/2011 2,000.00 2,000.00 40.00 40.00 110074 ST PAUL POLICE DEPARTMENT 2012 USPCA REG 18 MEMB DUES 105489 2012 MEMB DUES 1000 BU Obj Sub Subledger Account Description 1505 PREPAID EXPENSES 111694 STONE COTTAGE CONSTRUCTION FINAL GRADE, L7,B3 PRKVIEW PND 105482 19834 DOVER DR 7500 2255 DEPOSITS PAYABLE 118525 12/16/2011 108808 V1NOCOPIA 471.50 WINE ORDER 105610 0048764-IN 6110 5502 552.00 WINE ORDER 105609 0048763-IN 6115 5502 1,023.50 118526 12/16/2011 100286 WEST- A THOMSON REUTERS BUSINE 93.39 NOV'11 CLEAR INVESTlGTV CHRG 105619 824007001 NOV' 1052 6401 93.39 118527 12/16/2011 118528 12/16/2011 1,281.59 658.96 219.40- 382.35 4,277.33 6,380.83 100334 WINE MERCHANTS 6.67- BLKSTN CAL SYRH, DAMAGED 81.47 WINE ORDER 74.80 105586 56013 CR 105596 389020 110892 WIRTZ BEVERAGE MINNESOTA SPIRITS, LIQUEURS 105611 670682 WINE ORDER 105612 670683 REF667297, KORBEL REFUSED 105615 848578 CM WINE ORDER 105613 670686 SPIRITS, LIQUEURS 105614 670685 Report Totals 359,411.33 COST OF GOODS SOLO COST OF GOODS SOLO PROFESSIONAL SERVICES 6110 5502 6110 5502 COST OF GOODS SOLD COST OF GOODS SOLD 6110 6110 6110 6115 6115 5502 5502 5502 5502 5502 COST OF GOODS SOLO COST OF GOODS SOLO COST OF GOODS SOLO COST OF GOODS SOLO COST OF GOODS SOLO 12/15/2011 9:12:38 Page - 23 BU Description Co Dept DJv GENERAL FUND BALANCE SHEE 01000 ESCROW FUND 07500 02 DOWNTOWN LIQUOR REV & EXP 06100 02 PILOT KNOB LIQUOR 06100 02 INVESTIGATION SERVICES 01000 05 DOWNTOWN LIQUOR REV & EXP 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 DOWNTOWN LIQUOR REV & EXP 06100 02 PILOT KNOB LIQUOR 06100 02 PILOT KNOB LIQUOR 06100 02 R55CKSUM l0G23000VO Vendor PELLlCCI HARDWARE & RENTAL Business Unit CITY HALL POLICE ADMINISTRATION FIRE SERVICES FIRE SERVICES FIRE SERVICES STREET MAINTENANCE NATURAL RESOURCES PARK MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE SENIOR CENTER PROGRAMS ICE ARENA OPERATIONS EXPENSE ICE ARENA OPERATIONS EXPENSE ICE ARENA OPERATIONS EXPENSE DOWNTOWN LIQUOR REV & EXP SEWER OPERATIONS EXPENSE SEWER OPERATIONS EXPENSE SOLID WASTE OPERATIONS SOLID WASTE OPERATIONS STORM WATER UTILITY OPERATIONS STORM WATER UTILITY OPERATIONS NPDES Phase II WATER UTILITY EXPENSE WATER UTILITY EXPENSE FLEET OPERATIONS LARSON CITY OF FARMINGTON Council Check Summary 12/512011 - 12/18/2011 Object BUILDING SUPPLIES & PARTS OTHER SUPPUES & PARTS VEHICLE SUPPLIES & PARTS BUILDING SUPPLIES & PARTS BUILDING REPAIR SERVICE BUILDING SUPPLIES & PARTS EQUIP SUPPLIES & PARTS EQUIP SUPPLIES & PARTS BUILDING SUPPLIES & PARTS OTHER SUPPLIES & PARTS BUILDING SUPPLIES & PARTS BUILDING SUPPLIES & PARTS OTHER SUPPLIES & PARTS EQUIPMENT REPAIR SERVICE OTHER SUPPLIES & PARTS BUILDING SUPPLIES & PARTS OTHER SUPPLIES & PARTS VEHICLE SUPPLIES & PARTS BUILDING SUPPLIES & PARTS BUILDING SUPPLIES & PARTS OTHER SUPPLIES & PARTS PROGRAMMING EXPENSE BUILDING SUPPLIES & PARTS OTHER SUPPLIES & PARTS VEHICLE SUPPLIES & PARTS Report Totals 12/15/2011 9:14:46 Page - Amount 459.99 71.09 13.87 270.09 12.63 12.19 14.12 10.08 59.15 49.12 40.64 166.94 5.34 59.14 1.27 30.48 11.75 10.67 30.48 6.09 44.83 12.81 30.48 26.10 69.84 1,519.19 1,519.19 lOG- City of Farmington 430 Third Street Farmington, I\.1innc5ota 651.280.6800. Fax 651.280.6899 www:ci.filrminl:,>tll11.nm.LL'i TO: Mayor, Councilmembers, City Administrator FROM: Tony Wippler, Assistant City Planner SUBJECT: Adopt Ordinance Amending the Following Chapters of City Code: . Section 10-3-6: Variances . Section 10-4-2: Nonconformities . Section 10-6-18(F): Shoreland Management Regulations DATE: December 19,2011 INTRODUCTION Attached, for the City Council's consideration is an ordinance amendment that revises three portions of the City Code. The portions of code that are affected by the proposed revisions are Sections 10-3-6 concerning variances, 10-4-2 concerning nonconformities, and 10-6-18(F) concerning nonconformities within shoreland management areas. All three portions of code need to be updated due to changes in state laws. DISCUSSION 10-3-6: Variances: As the City Council may be aware, the State Legislature recently amended State Statute regarding variances. This amendment was in response to a Minnesota Supreme Court decision in 2010 that greatly restricted the use of variances within municipalities. With the newly amended statute language, the term "hardship" was eliminated and verbiage added that allows a zoning authority to issue a variance to a zoning control if there are "practical difficulties". "Practical difficulties" are described as follows: . The property owner proposes to use the property in a reasonable manner not permitted by an official control. . The plight of the landowner is due to circumstances unique to the property not created by the landowner; and . The variance, if granted, will not alter the essential character of the locality. The attached ordinance reflects changes to the portion of the City Code regarding variances (10-3-6) that make it consistent with the recently amended State Statute. 10-4-2: Nonconformities: These revisions are necessary due to the fact that the City's code as it relates to nonconformities is somewhat obsolete and overtaken by changes to state laws regulating nonconformities. The main updates to this section are: . Creating a purpose statement/paragraph . Creating a General Provisions section, which include: 73 o Stating that no parcel of land can be subdivided if it will cause the lot(s), building(s), structure(s) or use(s) to become nonconforming; o Identifying that nonconformities in the shoreland areas are regulated under chapter 6 of Section 10 of the Zoning ordinance; o Clarification on the continuance of legal nonconformities; o Minimum setback requirement for legal nonconforming structures; o Requirement that when a legal nonconforming use has been changed to a conforming use, it cannot be changed ba~k to a nonconforming use; o Requirement that a legal nonconforming use of a structure or lot can be changed to reduce the nonconformity of use, but once it has been changed it cannot be altered to increase the nonconformity. 10-6-18: Shoreland Management Regulations These revisions, similar to the nonconformities and variances, are due largely to the fact this portion of code is outdated and needs to be brought into compliance with current state laws. The main updates to this section are: . Setback requirements from the water for nonconforming structures with less than 50% of the required setback if destroyed by fIre or other peril to greater than 50% of its estimated market value; . Regulations for existing nonconforming lots and structures within shoreland areas, including: o Regulations that allow a single nonconforming lot as a building site without approval of a variance; o Regulations that allow an individual lot within a group of two or more lots of record under common ownership to be sold or developed separately; o Regulations regarding the splitting and combining of lots within shoreland areas. Planning Commission Review The Planning Commission reviewed the proposed ordinance and held a public hearing. The Commission recommended approval of the ordinance with a vote of3-0. ACTION REQUESTED Adopt the attached ordinance amendment to Sections 10-3-6, 10-4-2 and 1 0-6-18(F) of the Zoning Code. Respectfully submitted, Tony Wippler Assistant City Planner 74 . \ . . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 011-642 AN ORDINANCE AMENDING SECTIONS 10-3-6, 10-4-2 AND 10-6-18(F) OF THE ZONING CODE AS THEY RELATE TO VARIANCES, NONCONFORMITIES AND SHORELAND MANAGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Sections 10-3-6, 10-4-2 and 10-6-l8(F) are amended by adding the underlined language and deleting the strikethrough language below as follows: 10-3-6: VARIANCES: The board of adjustment shall have the power to hear requests for variances from the requirements of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes and the board of adiustment finds that there are practical difficulties in complying with the official control. The board ofadiustment may impose conditions in granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.vary from the requirements of this title, and to attach conditions to the variance as it deems necessary to assure compliance with the purpose of this title. "Practical difficulties" as used in connection with the granting of a variance. means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance. if granted. will not alter the essential character of the locality. Practical difficulties include but are not limited to inadequate access to direct sunlight for solar energy systems and variances shall be granted for earth sheltered construction as defined in state law when in harmony with the ordinance. (A) The following exhibits shall be required with a variance application unless waived by the zoning officer: 1. A boundary surveyor an area survey including the property in question and up to three hundred feet (300') beyond showing: topography, utilities, lot boundaries, buildings, easements and soil test data if pertinent. 2. A site development plan showing buildings, parking, loading, access, surface drainage, landscaping and utility service. (B) Procedure for obtaining a variance from the regulations of this title are as follows: 1. The property owner or agent shall file with the zoning officer an application form together with required exhibits plus a filing fee in an amount established annually by the city council. 1 j . 2. The zoning officer shall set a public hearing, transmit the application directly to the board of adjustment and mail a notice to property owners adjacent to the subject property disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. 3. The board of adjustment shall, within sixty (60) days of submittal of all required exhibits, approve, deny or approve under conditions accepted by the applicant. (Ord. 002-469, 2-19-2002) (C) The board of adjustment may vary tHe regulatioFlS ofthis title if all ofthe follov:ing requirements are met: (Ord. 001 512, 8 2 2001) shall not approve any variance request unless they find that practical difficulties as previously defined exist using the following criteria: 1. Because the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel ofland involved, strict adherence to the regulations of this title would cause undue hardship practical difficulties. Economic consideration alone shall does not constitute an undue hardship practical difficulties if reasonable use for the property exists under the terms of this title. 2. That the variance would be consistent with the comprehensive plan. 3. That the variance would be in harmony with the general purposes and intent of this title. ;!.4. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are notapplicable, generally, to other properties within the same zoning classification. ~.i:. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. 4:- 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. ~ 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. &, 8. The requested variance is the minimum action required to eliminate the hardship practical difficulties. - 9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of a one family dwelling as a two family dwelling may be authorized by variance. (D) Upon appeal of a decision by the board of adjustment, the zoning officer shall set a public hearing, transmit the application directly to the city council, and mail a notice to the board of adjustment and property owners adjacent to the subject property disregarding public rights of way. The city council shall, within sixty (60) days of the public hearing, decide to affirm or overturn the decision of the board of adjustment with a four-fifths (4/5) vote of the city council. (Ord. 002-469, 2-19-2002) 10-4-2: NONCONFORMITIES NONCONFORMING USES: 2 . ' (A) Purpose: It is the purpose of this section to provide for the regulation of nonconforming buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, and lots will be operated, maintained, and re~ulated. It is necessary and consistent with the establishment of this Chapter that nonconforming buildings, structures, uses, and lots not be allowed to continue without restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually brought into conformity. (B) General Provisions: 1. Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings, structures, lots or uses becoming nonconforming. (,^.) The board of adjustment shall have the pO'.\'er to authorize changes of la'.vful nonconforming uses as a nonconforming use which occupies a portion of a structure may be extended '",ithin such structure as it existed;.vh.en this zoning title was enacted but not in violation of the area and yard requirements of the zoning district. EB1 LNonconforming uses Nonconformities in floodplains and shoreland areas shall comply with requirements listed in chapter~ 5 and 6 of this title. respectively. The follovt'ing provisions shall apply to all other nonconforming uses: +.3. Continuance of Legal Nonconformity: Any legal nonconformingty. including the lawful use or occupation of land or premises existing at the time of adoption of an additional control under this chapter. use may be continued. including through repair. replacement. restoration. maintenance or improvement but may not be extended, expanded or changed unless to a conforming use, except as permitted by the board of adjustment in accordance with the provisions of this title. unless: (&Any nonconforming structure or use damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the county assessor, if replaced, shall conform to the requirements of this title.and no building permit has been applied for within 180 days of when the property was damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newlv created impact on adiacent property. 2. ^ zoning certificate must be obtained within one year by the owner of any nonconforming use as evidence that the use la\vfully existed prior to the adoption of the proyision which made the use nonconforming. 3. .^.ny nonconforming structure damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the county assessor, if replaced, shall conform to the requirements of this title. 4: iliLIn the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed. 4. Expansions of lawful nonconformities may be permitted bv the board of adiustment provided a variance is approved in accordance with Section 10-3-6 of the Zoning Code. 5. Normal maintenance of a nonconforming structure is acceptable including non structural repairs and incidental maintenance. (Ord. 002 169,2 19 2002) 3 , , 5. The minimum required setback of a principal structure or a structure accessory to a principal structure that has a legally nonconfonning setback shall be either the existing setback or the setback as otherwise specified in this chapter. whichever is less. 6. When a legal nonconfonning use of any structure or parcel of land in any district has been changed to a confonning use. it shall not thereafter be changed to any nonconfonning use. 7. A legal nonconfonning use of a structure or parcel of land may be changed to reduce the nonconfonnity of use. Once a nonconfonning structure or parcel of land has been changed. it shall not thereafter be so altered to increase the nonconfonnity 10-6-18: SHORELAND MANAGEMENT REGUALTIONS: (F) Nonconfonnities: All legally established nonconfonnities as ofthe date of this section may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use. When a nonconfonning structure in the shoreland district with less than 50 percent of the required setback identified in subsection (m2 from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value. as indicated in the records of the county assessor at the time of damage. the structure setback may be increased if practical and reasonable conditions are placed upon a zoning or building pennit to mitigate created impacts on the adiacent property or body of water. I. The following apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shore land controls that do not meet the requirements of subsection (m I of this section. A municipality shall regulate the use ofnonconfonning lots of record and the repair. replacement. maintenance. improvement. or expansion of nonconfonning uses and structures in shoreland areas according to the following: . (a) A nonconfonning single lot of record located within the shoreland area may be allowed as a building site without variances from lot size requirements. provided that: i. all structure and septic setback distance requirements can be met: ii. a Type I sewage treatment system consistent with Minnesota Rules. chapter 7080. can be installed or the lot is connected to public sewer; and III. the impervious surface coverage does not exceed 25 percent of the lot. (b) In a grouQ.Qftwo or more contiguous lots of record under common ownership. an individual lot must be considered as a separate parcel of land for the purpose of sale or development. if it meets the following requirements: i. the lots must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules. chapter 6120; II. the lot must be connected to a public sewer. if available. or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules. chapter 7080. and local government controls; III. impervious surface coverage must not exceed 25 percent of each lot; and IV. the development of the lot must be consistent with an adopted comprehensive plan. (c) A lot subiect to subsection (b) above not meeting the requirements of subsection (b) above must be combined with the one or more contiguous lots so they equal one or more confonning lots as much as possible. 4 , . (d) Notwithstanding subsection (b) above. contiguous nonconforming lots of record in shoreland areas under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common owriership and the lots are suitable for. or served by. a sewage treatment system consistent with the requirements of section 115.55 and Minnesota Rules. chapter 7080. or connected to a public sewer. (e) In evaluating all variances. zoning and building permit applications. or conditional use requests. the zoning authority shall require the property owner to address. when appropriate. storm water runoff management. reducing impervious surfaces. increasing setback. restoration of wetlands. vegetative buffers. sewage treatment and water supply capabilities. and other conservation-designed actions. (f) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adiacent parcel. 1. Construction On Nonconf-orming Lots of Record: (a) Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of subsection (E) 1 of this section may be allowed as building sites without variance from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abl:ltting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and se\vage treatment and setback requirements of subsection (E) I of this section are met. (b) ^ variance from setback requirements must be obtained before any use, se'Nage treatment system, or building permit is issued for a lot. In evaluating the variance, the boa-rd of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot, and shall deny the variance if adequate facilities cannot be provided. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 19th day of December, 2011, by the City Council of the City of Farmington. CI:~~~N By.., c..-I. =.S:- Todd Larson, Mayor A TrEST: By: SEAL: Approved as to form thJr4Iay of~~' , 20 /1. BY:~~ City Atto ey Summary published in the Farmington Independent thes'l~ day of a-", h'<Z/ ' 20 /c;:{. (/ 5 CITY OF FARMINGTON COUNTY OF DAKOTA STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 011-642 AN ORDINANCE AMENDING SECTIONS 10-3-6, 10-4-2 AND 10-6-18(F) OF THE ZONING CODE AS THEY RELATE TO VARIANCES, NONCONFORMITIES AND SHORE LAND MANAGEMENT REGULATIONS NOTICE IS HEREBY GIVEN that, on December 19,2011, Ordinance No. 011-642 was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 011-642. the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the Section 10-3-6, 10-4-2 and 1 0-6-18(F) amendments change the city's zoning regulations regarding variances, nonconformities and shore land management. The updates are intended to reflect changes in state law. The amendments eliminates the term "hardship" from the variance regulations (Section 10-3-6) and adds verbiage that allows a zoning authority to issue a variance to a zoning control if there are "practical difficulties" identified. The amendments within Section 10-4-2 of the City Code (Nonconformities) create a purpose statement and a general provisions section that include regulations for subdividing nonconforming parcels, clarification on the continuance of legal nonconformities, and minimum setback requirements for legal nonconforming structures. The amendments to the shore land management regulations (Section 1 0-6-I8(F)) include setback requirements from the water for nonconforming structures with less than 50% of the required setback if destroyed by fire or other peril to greater than 50% of its market value as well as various regulations for existing nonconforming lots and structures within the shore land areas. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. The ordinance is also available on the city's internet home page. APPROVED for publication by the City Council of the City of Farmington this 19th day of December, 2011. CITY OF FARMINGTON BY:~~ Todd Larson, Mayor ATTEST: By: 1'- l\dministrator Approved as to form thi~~ day of ~... Published in the Farmington Independent thes'f"day of (~157 ,20]J,. v /06 City of Farmington 430 Third Street 1;armington,1\'1innc5ota 651.280.6800. Fax 651.280.6899 w \.....\.\':ci .Iimll ingtllIl. TIl1l.LL'i TO: Mayor, Councilmembers, City Administrator FROM: Lee Smick, City Planner AICP, CNU-A SUBJECT: Farmington 2030 Comprehensive Plan/2011 Update DATE: December 19,2011 INTRODUCTION The City is soon-to-be in its fourth year of the 2-3 year cycle for review of the 2030 Comprehensive Plan. The cycle was held up awaiting fmal census numbers in the fall of2011, causing it to extend into the early part of the fourth year. Staff would like to give the City Council a year end synopsis on the 2011 update process already achieved and a look at what is to come in 2012. DISCUSSION Staff has revised most of the existing chapters ofthe 2030 Comprehensive Plan in order to be in compliance with the 2010 Census and has added an additional chapter titled "Sustainability". Four chapters that did not require revisions included: Community Vision, Transportation, Water Resources, and Heritage Preservation. Revisions to the 2008 Update will be shown in red text to track revisions as shown in the attached portion of the Housing chapter (Ex. A). Proposed revisions include population, housing, and employment tables and associated text. The MUSA update has been revised in the Land Use chapter and GROW Farmington information is included in the Economic Development chapter. The Sustainability chapter reports on the City's Green Team and the MN Greenstep Cities program and how these items will help the City continue to be sustainable. Planning staff anticipates that the update process will be completed in early 2012. Staff is meeting with the Planning Commission at a workshop on January 24,2012 and a public hearing will be held in February of2012. The City Council should see the update in March or April for fmal approval of the revisions. ACTION REOUESTED Informational only. Respectfully Submitted, Lee Smick, City Planner AICP CNU-A 82 CHAPTER 5 HOUSING ELEMENT Farmington has had a tradition of including a wide range of housing types within the downtown area, in particular the "Original Town Plat of Farmington". In addition, the City has been able to provide new "starter" or affordable housing in East Farmington and the more recent Sunrise Ponds development as well in other various northern neighborhoods. New interest and investment in older homes in the downtown area is providing numerous opportunities to rehabilitate custom built homes constructed before the 1970's. With this wide range of housing choices, Farmington can provide both opportunities for people desiring the "small town" atmosphere or "the flavor" of a suburban community. HOUSING SUPPLY - CURRENT HOUSING STOCK Farmington is a growing community. An additional 3,376 housing units have been or are under development from 1999 through the first half of 2011 with a total of 5,319 housing units constructed between the years 1990-2011. In 2010, the United States Census indicated the number of housing units within the city was 7,412. Shown as Map 5.1a and 5.1b, are the Age of Housing Stock maps which depicts the contrast in the age of Farmington's housing stock (Map 5.1a represents single-family residences and Map 5.1b represents the multi-family component) between the northern section of Farmington and the Downtown core area. Figure 5.1 shows the Metropolitan Council's projected population and household growth for the City of Farmington. Figure 5.1 POPULATION AND HOUSEHOLD GROWTH 35,000 30,000 25,000 20,000 15,000 10,000 5,000 o _ Population -+- Households 1990 2000 2010 2020 2030 The City estimates an additional 5,434 housing units will be added between the years 2010-2030, this is with an assumed forecasted growth rate between 200 and 260 households constructed per year. The estimated total number of households in 2030 is 12,500. 83 BUILDING PERMIT SUMMARY 1999-2011(1) Type 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 (1) SF 273 279 229 281 292 121 109 118 72 33 76 95 27 MF 70 62 235 276 268 104 89 87 73 41 0 0 66 Total 343 341 464 557 560 225 198 205 145 74 76 95 93 Table 5.1 Source: (1) City ofFannington - Building Inspections Division According to the 2010 Census owner-occupied homes made up 87.5% of the total amount of housing units in the City, leaving 12.5% for multi-family/renter-occupied housing. It should be noted that the 2010 census indicated that there were a total of 346 vacant units at the time census counts were completed. The average number of housing units built per year was relatively slow until the 1990's when a marked increase in housing construction produced 5,319 housing units through the first half of2011 as seen in Table 5.2. NUMBER OF HOUSING UNITS BUILT SINCE 1970 Table 5.2 1970-1979 457 total housing units 46 average housing units/year 1980-1989 553 total housing units 55 average housing units/year 1990-1998 1,943 total housing units 194 average housing units/year 1999-2011(1) 3,376 total housing units 260 average housing units/year Source: City of Fannington - Building Inspections Division The age of the housing stock in Table 5.3 and on Map 5.1a & b shows that 28.8% of the owner-occupied housing units were built between the period of 1990 to 1998 and 48% were built between the period of 1999 and the first half of2011. Historically, the renter- occupied housing stock was mostly constructed between the period of 1970 to 1979. As shown in Table 5.3 below, however, 139 new rental units were constructed between the period of 1999 and the first half of 2011. These units consists of the Farmington Family Townhomes, the Farmington Townhomes, both of which are tax credit housing, as well as Phase I (25 units) of the Twin Ponds Townhomes and the senior apartment complex Vermillion Crossing (66 units). AGE OF HOUSING STOCK Table 5.3 Owner Percent of Renter Percent of Occupied Housing Stock Occupied Housing Stock Owner Occupied Renter Occupied Pre 1939 276 81.7% 62 18.3% 1940-1949 94 66.7% 47 33.3% 1950-1959 183 85.1% 32 14.9% 84 )/a., City of Farmington 430 Third Street Farmington, Minnesota 65l.280.6800. Fax 651.280.6899 www.d.tarmlngtoIl.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: City Administrative Policies and Procedures Manual DATE: December 19,2011 INTRODUCTION The purpose of this memorandum is to provide information regarding the changes made to the City's Administrative Policies and Procedures Manual. The current policies and procedures and the proposed complete manual (in draft form) are attached. DISCUSSION City staff has reviewed and revised the City's administrative policies and procedures. Many of the changes being made were required to ensure compliance with state and federal statutes, rules and regulations. Though a number of the policies or procedures either did not change or did not substantially change, all policies were pared down to ensure consistency throughout the manual; and eliminate redundancy and unnecessary phrasing. Additionally, based on previous direction from Council, work continues regarding the revision of other items in this manual; however, until that work is completed, the current policy remains in effect and is what is reflected in this document (i.e. group insurance). The following reflects a listing of the changes being proposed: Policy or Procedure (Sections Refer to Draft Manuan 1) Sections 1.1 through 1.4 and Section 1.8 (page 7) These sections provide the information that was previously conveyed in the "Introduction and Purpose of the Administrative Policy Manual. The revisions were grammatical and not substantive. 2) Sections 1.5 and 1.6 (page 7 & 8) These sections replace the information in the policy ''Employee Records and Data Privacy" regarding the review of personnel files. The revisions were made to ensure compliance with the MN Government Data Practices Act and the MN Personnel Record Review and Access Act which include an employee's right to review their file, not having to pay copying charges and allows for civil action. 1 85 3) Section 1.7 - Smoke Free Workplace (page 9) New Section and follows the Freedom to Breath Act of2007. 4) Section 2 - Definitions (page 10) New Section: Defmes commonly used terms in employment. 5) Section 3.1- Employee Code of Ethics (page 15) This revision includes eliminating separate sections (policy defmitions and scope of persons covered) and eliminating unnecessary/redundant language making the policy more concise and easier to understand. 6) Section 3.2 - Employee Conduct (page 17) This is a revision of the policy Employee Conduct and eliminates the section of language beginning with "behaviors that support this philosophy..." 7) Section 3.3 - Customer Service (page 19) This revision to the Customer Service policy eliminates redundant language within the first paragraphs providing a more concise and understandable policy. 8) Section 3.4 - Public Communications (page 21) The revisions to the Public Communications policy include eliminating the language regarding the public communications strategy (as this strategy is outlined in Communications Guidelines). 9) Section 3.5 - Harassment/Sexual Harassment (page 23) The substantive change to the Harassment/Sexual Harassment is the addition of the "Special Reporting Requirements" language. Again, phrasing was changed to ensure the policy was succinct and unambiguous. 10) Section 3.6 - Workplace Violence (page 25) There were no substantive changes to the Workplace Violence Policy. Any changes made were to ensure the writing style was consistent with the manual. 11) Section 3.7 - Information Technology (page 27) Again, there were no substantive changes to the Information Technology policy. Any changes made were to ensure the writing style was consistent with the manual. 12) Section 3.8 - Electronic Mail (page 31) In the Electronic Mail (Email) policy, the substantive change is the addition of the language in #15 regarding non-exempt employees. 13) Section 3.9 - Cellular Phones and Personal Digital Assistants (page 33) No change. 14) Section 3.10 - Global Position Systems: Locators and Monitoring (page 35) The revision eliminates the 1 st sentence as it is unnecessary and is not substantive. 15) Section 3.11- Outside Employment (page 37) The change to this policy is not substantive. 16) Section 3.12 - Political Activity (page 39) The revision to this policy eliminates redundant language. 86 17) Section 3.13 - Driver's License Status Checks (page 39) No change. 18) Section 3.14 - Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations (page 41) One substantive change was made under Appeals Procedure, item B. This change was necessary due to the elimination ofthe Grievance Procedure for non-bargaining employees. 19) Section 3.15 - Drug and Alcohol Testing Policy (page 57) One change was made under Circumstances for Drug or Alcohol Testing. Under bullet #1, the word "alcohol" was eliminated based on a legal review by the City Attorney. 20) Section 4.1 - Job Posting and Recruitment (Page 65) This policy was restructured and redundant language was eliminated. Fundamental changes include strengthening language regarding the City's process for internal transfers or promotions, eliminating language that was too restricting (such as minimum posting requirements). Upon the recommendation from the City Attorney, new language was added and includes the last three sentences under Application Forms and the section on Pre-Employment Medical Exams. 21) Section 4.2 - Employment Selection and Background Checks (Page 67) The revision to this policy includes two substantive changes based on the City Attorney's review. The first is under background checks where the following sentence was added: "Except where already defined by state law, the Human Resources Department will determine the level of background check to be conducted based on the position being filled." The second is adding all the language regarding Veteran's Preference (MN Statutes ~43A.ll, ~197.455 and ~197.46). Any other changes are not substantive. 22) Section 4.3 - New Employee Orientation (Page 69) No change. 23) Section 4.4 - Probationary Period (page 71) The only change was to include the sentence "Employees remain "at will" both during and following the probationary period." 24) Section 4.5 - Discipline (page 73) The revisions to this policy include changes that clarify the language, the process, and consolidate language regarding disciplinary action notices. Substantial changes include eliminating the language regarding a "Hearing" and eliminating the reference to ftling a grievance in accordance with City policy. Furthermore, additional language was added regarding "Veterans' Preference Act Exception". Though the copy of the "Record of Verbal Warning" form and "Guidelines for Written Reprimand" were removed from the manual, they are still in effect and are utilized by supervisors. 25) Section 4.6 - Nepotism (page 77) Substantive language was added regarding "conflicts of interest", promotions and transfers and marital status protection under the MN Human Rights Act. 26) Section 4.7 - Credit Card Use (page 79) No change. 87 27) Section 5.1- Working Hours, Attendance and Break Periods (page 81) The revised policy combines two former policies: Working Hours and Attendance and Break Period. Language was consolidated and clarified with a substantive addition regarding ''Nursing Mothers." 28) Section 5.2 - Exempt Employees Paid Leave and Flexible Scheduling (Page 83) Though there were no substantive changes, the revision did eliminate language regarding "examples of how to record time." 29) Section 5.3 - Bone Marrow Donation Leave (page 83) No change. 30) Section 5.4 - JlIlry or Witness Duty (page 85) Substantial changes include strengthening language regarding compensation and returning to work; and added language addressing Court Appearances and Victim or Witness Leave. 31) Section 5.5 - Voting Leave (page 85) Pursuant to change in Statute, eliminate "during the morning." 32) Section 5.6 - Family Medical Leave Act (FMLA) (page 87) Changes were pursuant to Federal law changes and include adding and defming the term "caring;" qualifying exigency leave for families of military members of the National Guard and Reserves; Military caregiver leave; change in leave year language with regards to military personnel. 33) Section 5.7 - Parenting Leave (page 93) The revisions to this policy add information regarding return to work and group insurance coverage pursuant to the Minnesota Parental Leave Act. 34) Section 5.8 - Schools and Conference Activities Leave (page 93) This policy was updated to further defme who is eligible for this leave (policy is a state law requirement for cities with more than 21 employees). 35) Section 5.9 - Bereavement Leave (page 95) The policy name changed from Funeral Leave to Bereavement Leave. No other changes were made. 36) Section 5.10 - Military Leave (page 97) Substantial changes were made pursuant to State Statute regarding notice to the City, paid leave and leave accrual requirements. 37) Section 5.11- Holiday Leave (page 99) Additional language to reflect actual City practice regarding when the Floating Holiday must be used and regarding exempt employees working a holiday. Language regarding holiday pay for part-time liquor store employees was eliminated. 38) Section 5.12 - Paid Time Off (PTO) (Page 101) This is a new policy which eliminates large severance payouts and the changing work force. 39) Section 5.13 - Sick Leave (page 103) No change other than to add language to verify this policy is for those hired before PTO was put into place. 88 40) Section 5.14 - Unpaid Leaves of Absence (page 105) The change eliminates redundant language and language regarding any restrictions on length of leave. 41) Section 5.15 - Vacation (page 107) No change other than to add language to verify this policy is for those hired before PTO was put into place. 42) Section 5.16 - Donated Leave (page 109) This policy name was changed from Sick!Vaca~ion/Compensatory Donation policy to Donated Leave. Other changes include adding language regarding the City's practice and ineligibility. 43) Section 5.17 - Job-Related Injury and Illness (page 111) This is a new policy that provides information and clarification regarding the reporting of job- related injury or illness. 44) Section 5.18 - Administrative Leave (page 111) This is a new po licy to reflect current practice with regards to internal and external procedures. 45) Section 6.1 - Compensation - Job Classification and Evaluation (Page 113) The substantive changes to this policy include eliminating the details regarding the job evaluation system. This change was made based on the recommendation by the City Attorney. 46) Section 6.2 - Timekeeping and Payroll (page 113) No changes. 47) Section 6.3 and 6.4 - Performance Reviews and Step Adjustments (page 115) These replace the Performance Management Instructions that provide clarification and reflect the City's practice. Additionally, section 6.4 language is part of a mediated agreement through the Bureau of Mediation Services between AFSCME and the City. 48) Section 6.5 - Overtime (page 117) No substantive changes were made; however, language was added regarding the outdoor pool for clarification purposes. 49) Section 6.6 - Compensatory (Comp) Time (page 117) Additional language was added regarding the maximum compensatory time accumulation. 50) Section 6.7- Severance Benefits (page 119) This revision incorporates the severance and terminal leave policies. The language regarding accrued sick leave and terminal leave did not change. However, the new policy addresses how PTO will be paid out upon leaving City employment. 51) Section 6.8 - Group Insurance (page 121). The revision to this policy eliminates language that is redundant or not substantive. 52) Section 6.9 - Other Benefits (page 123) This is a new policy that provides a brief outline of other employee benefits. It also incorporated the Employee Assistance Program policy. The changes regarding the Employee Assistance Program were necessary with cutting this program from the budget in 2011. 89 53) Section 6.10 - Workers' Compensation Procedures (page 125) This is a new policy providing employees with information regarding workers' compensation procedures. 54) Section 6.11 - Healthcare Continuation Coverage (COBRA) (page 125) This policy provides an overview of the annual notice given to all employees and provides Employee BenefIts Security Administration (EBSA) information. 55) Section 6.12 - Health Insurance Portability and Accountability Act (HIP AA) (page 125) This is a new section that provides employees with the contact for more information. 56) Section 6.12 - Use of Exercise Facility (page 127) No change. 57) Section 7.1- Schools and Conference (page 129) The only change is to eliminate a policy number that is no longer accurate. 58) Section 7.2 - Business Travel Expense (page 131) The only change is to clarify the individual meal language. 59) Section 8.1 - Safety Policy (Page 133) Though there are no changes, the Safety Committee will be reviewing this document in 2012. Even though all employees are subject to this manual, it is important to note that wherever the City administrative policies and procedures conflicts with a collective bargaining agreement, the collective bargaining agreement takes precedence. ACTION REOUESTED Approve the changes to the attached Administrative Policies and Procedures manual. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director 90 INTRODUCTION AND PURPOSE OF THE ADMINISTRATIVE POLICY MANUAL! The Administrative Policy Manual is intended to provide reference to policies, procedures, and general infornlation pertinent to the City of Farmington employees. The infonnation provided in this manual is at the sole discretion of the City, and it may be withdrawn or changed at any tinle without notice. TIus policy manual is not intended nor shall it be construed as a binding contract. These policies have been developed to be in compliance with applicable local, state and federal regulations and shall be applied to all applicants and employees without unlawfully discrinunating on the basis of race, color, sex, religion, creed, age, national origin, affectional preference, marital or veteran status, status with regard to receipt of public assistance, or physical or mental disability. It is impossible to anticipate all situations ",;ben drafting ad1l1hustrative policies. From time to time questions will arise concerning the application of a policy or procedure to a particular set of facts. The Human Resources ~oordinator is responsible for providing staff assistance to supervisors and department heads in interpreting and carrying out these policies. Hmvever, the City Administrator shall have overall responsibility for the enforcement and interpretation of the administrative policies and procedures and for taking corrective action if necessary. The Administrative Policy Manual applies to all employees. However, ,,'here ever these policies conflict with "a collective bargaining agreement, the tenns of the collective bargaining agreement will take precedence over the policy. If you have any questions regarding this policy manual, please discuss them vvith your supervisor or the Human Resources Coordinator. . This is not an employment contract. Employees may not rely upon this document to determine their employment rights and the City of Farmington is free to revise or revoke this manual at any time. I Drafted 8/97 91 ADMINISTRATIVE POLICY - 1.8 E~LOYEERECORDSANDDATAPmvACY The City of Farmington maintains information which is needed to administer employee benefits and payroll, to complete required Federal and State reports, and to record employee work perfonnance. Laws regarding data privacy are strictly followed. These files are the property of the City. The only official personnel files are kept in the Human Resources Office. Therefore, all written disciplinary actions. performance evaluations. and formal persOlmel actions must be forwarded to the Human Resources Director to be placed in the appropriate employee files. Employee Access: Employees may review their personnel and payroll files by notifying the Human Resources Director to arrange a time for review during normal business hours. Employees may also ask about how the information is used and who has access to it. Personnel files and their contents may not be removed from the Human Resources Office. However, employees may request that inaccurate infonnation be corrected or deleted or may add a statement of disagreement to the file. Copies of any documents contained within the file will be provided upon request. Others With Access: Personnel records are available for review by the Human Resources Director, the employee's supervisor, the applicable department director, the City Administrator, and any person authorized to have access under State or Federal law or by comt order. In the event of a promotion or transfer, an employee's personnel records may also be made available to the supervisor and/or. department director 'who are filling the position. Data Privacy: The Minnesota Government Data Practices Act categOlizes information into public, non-public and private data and authOlizes cities to release public information about cmTent and former employees. At the same time, the Act protects information considered private. The laws regarding data privacy are carefully followed. Examples of public infol1nation include: name, education and training, title and job description, dates of employment, honors and awards, work location, and work phone number. Examples of non-public or private information include: actual street address, home phone numbers and social security number. Eff. 11/97 93 Employment References: The City of Farmington provides reference information on current and fonner employees within the scope of the Minnesota Data Practices Act. Release of Information: All requests for employee data must be made in writing to the Human Resources Director. Reference checks must also be accompanied by a written, signed "Authorization to Release 1nf00mation" document from the former employee. The Human Resources Director shall have sole responsibility for processing all requests for employee data. Reporting Changes: It is important that employee records be kept accurate and up-to-date. Employees should notify the Human Resources Director. as soon as possible of any change in address, telephone number, beneficiary changes, births, and other vital information. Failure to do so may result in misdirected W-2 forms, lost insurance information, and other problems. Eft: 11/97 94 ADMINISTRATIVE POLICY - 03 EMPLOYEE CODE OF ETIDCSI Purpose. The purpose of this policy is to declare standards of ethical behavior and conduct that commits all City employees to exercise appropriate ethical considerations in the performance of their official duties for the express purpose of preserving local government integrity in all matters under public consideration. This commitment shall be dedicated to maintaining and enhancing the public trust and confidence in local government, ensuring equity and social justice, and improving the quality of life of the individual and the community. This Code of Ethics is dedicated to fulfilling the faithful stewardship of the public trust that is entrusted to the staff of this local unit of govemment and the recognition that the chief function of local government at all times is to :.\ serve the best interests of all the people. Policy Definitions. 1. City employees are defined as all paid employees, full-time and part-time, in the City of Farmington, excluding elected officials and appointed citizens serving on City Commissions and Boards, but including the City Administrator, all members of the City Management Team, Supervisors and all employees within all the City Departments, 2. Public bodies are defined as including the City Council, all Commissions, all Boards which may be appointed by the Fm1nington City COlIDCil or the Chief Judge of this Judicial District. 3. Public position is defined as a public trust created for the benefit of the public and not for the benefit of the incumbent. 4, Personal interest means an interest arising fi'om blood or mmTiage relationships or close business or political associations, 5. Direct financial interest is hereby deemed to mean such an interest as would involve a reasonable likelihood of personal, corporate or proprietm-y gain having a monetary value of substance. 6. "Blood relationships" and "marriage relationships" shall be deemed for the purposes hereof to include only immediate family relationships of the first degree: spouse, children, mother, father, father-in-law, mother-in-law, stepfather, stepmother, brother, sister, sister-in-law and brother-in-law. 7, Conflict of Interest is defined as any action which causes the appem"ance of a conflict of interest whether that conflict be financial, personal or such that the individual would personally benefit or gain from such action, Administrative Policy The City of Fal1nington confums its determination that ethical standm'ds among its employees m'e essential to the appropriate conduct of public affairs of the City. The purpose of the code is to establish ethical standm"ds of conduct for city officials by setting forth those acts or actions I Effective 1/98 1 95 that are incompatible with the best interests of the City and by diiecting disclosure by such employees of private fmancial or other interest in matters affecting the City. The provisions and purpose of this Code are hereby declared to be in the best interests of the City of Farmington. General Declaration. It is extremely important that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to those persons acting in public service as well as to the public. The proper operation of democratic government requires that public employees be independent, impmtial, and responsible to the people; that governmental decisions and policies be made in the proper channels for the governmental stlUcture; that public positions not be used for personal gain or private interest; and that the public have confidence in the integrity of its government. In recognition of these goals there is hereby established a Code of Ethics for City employees. Responsibilities of Public Service. City employees are agents of public purpose and hold their respective positions for the benefit of the public. They m'e bound to uphold the Constitution of the United States and the Constitution of this State. and to. carry. out impartially the..laws of the nation, state and municipality and thus to foster respect for all government and for the citizens of the community whom they serve. They are bound to observe in their official acts the highest standm'ds of morality and ethics, and to discharge faithfully the duties of their office. Dedicated Service. All City employees shall be dedicated to fulfilling their responsibilities of office described herein. They shall be dedicated to the public purpose and all programs . developed by them shall be in the best interests of the community. City employees .sha11 not exceed their authority or breach the law or ask others to do so, and they shall work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work. Scope of Persons Covered. The provisions of this Code of Ethics shall be applicable to all city employees, full-time and part-time, of the City of Fm'mington. Fair and Equal Treatment. Incompatibility with the Public Interest. Subject to the provisions of this section, no City employee, while acting as such, shall participate in the discussion of, attempt to unduly influence 01' vote on any issue in which he or she has any direct financial interest 01' personal interest which arises from blood 01' marriage relationships, or from any other interest which may subvert the public trust. Disclosure. It shall be the responsibility of all City employees to disclose any fmancial or personal interest that he/she may have in any public matters which he/she may have influence on in the course of conducting said responsibilities. During the course of such review, any employee having either a direct financial interest or personal interest as above described in tins section shall make a full written disclosure of that interest to hislher supervisor. In matters where a conflict of interest may exist, as determined by the employee's Depmtment Director and City Administrator, the City Attorney shall review the issue and reconunend action(s) as deemed appropriate to safeguard the integrity of the local unit of government. 2 96 Abstention. If an employee of the City while acting in a capacity of influence has a fmancial interest, personal interest or any other such interest which may provide for personal gain 011 any matter pending before a public body of which he/she serves in an advisoral role, he/she must abstain fl:om any role which causes influence to be exelted on such matters, After full disclosure of such interest to his/her supervisor, an employee may discuss such matters in which he/she has a personal interest to the extent that the infonnatio11 presented is relevant, and will assist the local unit of government with their review. Non-Pmticipation. No person covered by this Code of Ethics shall take any official action with respect to a matter in which he or she has a direct financial interest or personal interest. With the exception that the employee shall first disclose such interest and abstain from influencing the matter in an official role, but may pmticipate to the extent of providing information that is relevant to his or her own interests as a private citizen and affected property owner. He or she may pmticipate in matters leading up to or preliminary to official action to the extent that he or she disclosedc-any such direct financial or personal interest as he or she may have in the same and to the extent that he or she has no discretion to make such a fmal controlling judgment or vote on the same. Disdosure of any such financial or personal interest shall be in the minutes for any such bom'd where the item may appear on the agenda, along with any information presented by the affected employee. Such disclosure shall be recorded in the meeting minutes and become a matter of public record. Disclosure. Disclosure of any such financial or personal interest in a matter where an employee is involved in the review and approval or denial process shall be made in writing to the City Administrator with copies to the City Attomey and Department Director. Such issues involving a City Employee shall be refen'ed to the City Attomey to determine whether a conflict of interest or an appearance of impropriety exists. Confidentiality. No person covered by this Code of Ethics shall, without proper, Wlitten legal authorization, disclose confidential information concerning the property, government or affairs of the City, nor shall any person use such information to advance his or her personal fmancial or private interests or other private interests of any person. Gratuities. No person covered by this Code of Ethics shall directly or indirectly solicit any gift or accept or receive any gift of substance, including but not limited to money, services, city services, loans, travel, entertainment, hospitality, or promise, under circumstances in which it could be reasonably inferred that the gift was intended to influence him or her, or could reasonably be expected to influence him or her in the performance of his 01' her official duties or was intended as a reward for any official action on his or her part. Representation. No City employee shall appear in behalf of another's private interest before the council, any committee, commission or agency of the City where that City employee sits in a decision-making capacity, nor shall he or she represent another's private interests in mlY action or proceeding against the interests of the City in which the City is a pmiy. Sales, Leases and Contracts. Except as specifically auth01ized by Statute, Section 471.88, no City Employee covered by this Code of Ethics who is authorized to take part in any manner in making any sale, lease or contract in his/her official capacity shall have a direct financial interest in that sale, lease or contract or personally benefit financially therefrom. 3 97 Official Duties. No employee of the City shall claim expenses for travel, meals, accommodations, conferences or any other such type of travel expenses unless such expenses are directly attributable to his or her personal travel expenditures while on official city business. Expenses charged to the City for payment shall not include any expenses associated with family members traveling with the official as dermed under Subdivision 1. of this section. Private Use of Public Property. At no time shall any City employee use City property for his or her own private use, unless such use is expressly pel1nitted or is reasonably within the scope of his/her duties.. Solicitations made by public officials of City employees for special favors, or for private use when such requests will knowingly require the use of public property for personal reasons is strictly prohibited without the express written permission of the City Administrator, and such requests shall be made pml of the public record. It shall be required that any such solicitations be repOlled to the City Administrator, who, along with the City Attorney, shall then investigate, and report such findings to the City Council. Involvement 41 Govemmental Review Processes. At no time shall any City employee involve him/herself in a governmental review process with respect to a matter in which. he or she has a financial interest or personal interest. Appearances of Conflict of Interest. 1) No City employee shall knowingly engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of. his/her official duties in the public interest or would impair his/her independence of judgement or action in the performance of his/her official duties. 2) No City employee shall hold a position in addition to a public position that interferes, or may interfere, with the proper discharge of the public duty. 3) No City employee shall solicit personal gifts or special favors from vendors, contractors, City customers or from other public employees. City employees shall report any. instances where special favors or gifts are offered in exchange for consideration of a public matter under the employee's influence. 4) No City employee shall have a personal interest in legislation to the extent that private interest takes precedence over public interest and plJblic duty. 5) No City employee shall pmlicipate in transactions as a public representative with a business entity in which the public official or City employee has a direct or indirect financial or other personal interest without full disclosure. 6) No City employee shall use confidential information, obtained as a result of public position or City employment, for personal gain. 7) No City employee shall enter into contracts or other business for profit by a business in which he/she has a substantial or controlling interest when the employee can influence such contract or business because of his/her public position. 4 98 8) When a public official or City employee knowingly participates in a situation contrary to the sections of this Code fails to disclose such personal or fInancial interest or takes such action which causes a violation of the Code, then that person would be in violation of this Policy and its respective sections. 9) When a City employee fails to voluntarily abstain from influencing the decision-making process when such action would affect his or her fmancial or personal interest on the other. 10) No City employee shall use his/her position to further a financial interest or unduly influence the outcome of a City review process or proceeding for personal or financial gain. Applicability of Code and Disclosure. When a City employee has doubt as to the applicability of a provision of this Code to a particular situation, he or she shall consult with his/her Department Director for an advisory opinion and be guided by that opinion when given. The employee shall have the opportunity to present his interpl'etation-:-.of the facts at issue and of the applicable provisions of this Code before such advisory decision is made. This Code shall be operative in all instances covered by its provisions except when superseded by an applicable statutory provision and statutory action is mandatory, or when the application of a statutory provision is discretionary but determined to be more appropriate or desirable. Disciplinary Action. City employees, whom, after investigation, knowingly violate sections of the Code are subject to disciplinary action up to and including termination action, and any other penalties pursuant to civil and crirninallaw. This section shall not be construed to limit the rights of persons charged with violations ofthis Code under Federal and State Civil Rights Laws. 5 99 ADMINISTRATIVE POLICY - 07 CUSTOMER SERVICE The purpose and mission of City government is to provide high quality, efficient, and cost effective services to our citizens. Providing excellent customer service is a fundamental component to achieving these service goals. Staff commitment to meeting service goals through courteous, professional, and helpful service is a major organizational objective. Success for our organization directly cOll'esponds to the degree of success we experience in our customer relations efforts. In an effort to provide the best customer service, the city has fOlmed a Customer Service Response Team comprised of at least one member from each City Department. The team leader shall be the Administrative Services Director. The mission of this team is to promote excellence in customer service by evaluating our processes and procedures in an effort to provide staff with the tools needed to maintain the highest standard of excellence in customer service. Customer Service Vision It is the City's vision to provide high quality, timely, and responsive services to all our customers. As we focus on customer needs, it is our goal to ensure ease of access to services and minimize technological, administrative, and physical barriers; ensure services are usable, available, reliable and meets customer needs; and ensure that the customer service concerns and complaints are appropliately responded to in a timely manner. To accomplish our goals, City staff must understand customer needs, take responsibility for meeting those needs and continuously work to streamline procedures and minimize unnecessary ban~iers in providing excellent customer service. The following guidelines are to assist each staff member in providing the very best service while maintaining an atmosphere of courteouS, helpful, and professional service to our valued customers. 1. City customers always come first. Personal phone calls, social conversations, and private business should never be continued while a customer has entered your work environment and needs service. 2. Be courteous, patient, and respectful with the individual. Losing your temper, showing initability, or trying to convince the customer that you are right and they are wrong is counterproductive and unnecessary. Patiently explain the process, courteously answer questions, and if necessary, contact your supervisor to assist you in appropriately dealing with the customer. 3. Customer telephone calls should not be transferred more than once whenever possible. Before transfel1lng a telephone call, make sure the staff person you are transfelTing the call to is there. If not, let the customer know and ask whether he/she Eff. 3/00 101 minds being transferred to voice mail or if you can take their name, number and nature of the problem. 4. Follow through with the customer once action is completed. Let the customer know what you have done and if there is anything else you can do for himlher. 5. Take the initiative. When you are capable of handling routine situations, do it. This does not mean doing some one else's job, but simply being helpful to make the entire team look good. 6. Do not expect someone else to take care of it. COlmnunicate when there is a problem, take personal responsibility for improving the process or City response. Do not be helpless or satisfied with the status quo. Let your supervisor know what the problem is and how you think you can solve it. 7. Be an empathetic listener in difficult situations. While you may have dealt with the situation a hundred times, this may be the first time a customer has complained. S/he will remember the next time if you have been dismissive, abrupt, or .irritated with having to explain the situation and the department's pre-ordained response. Remember, we are here for the customer's convenience, not our own. 8. As a professional, look the part. Citizens and customers notice when a City employee hasn't shaved or dresses a bit too casually. As a professional public employee, take pride in your appearance and remember people always notice. 9. Finally, a little bit of "nice" ,goes along way. Though the answer may not always be what the customer wants to hear, a customer can still be satisfied with the courteous and helpful response of City staff. Eft: 3/00 102 ADMINISTRATIVE POLICY" 06 PUBLIC COMMUNICATIONS The City of Farmington is committed to a proactive approach in fostering professional, credible and timely public communication efforts, The City's mission relative to public cOlmnunications is to provide timely, professional and accurate information on City programs, services and activities to City residents and to develop feedback opportunities to ensure that these programs, services, and activities continue to meet the needs of the community. Effective public communication strategies are designed to: . Build trust and credibility between the City Council, community groups, citizens and staff. . Assist policy makers and constituents to cooperatively formulate and achieve common goals. . Support the City's mission of providing high. quality, efficient and cost-effective public services to all customers. f!I Enhance the City's image and build support for municipal programs. . Enable residents to take full advantage of City services. . Enhance citizen's understanding of issues facing the City. . Promote understanding of and compliance with City ordinances. . Encourages citizen participation in local government. . Foster a sense of community among Fal1nington residents, . Facilitate a professional, positive and objective relationship with local media concerning the reporting of City events and situations where a high level of public interest may be generated. . Fostel' cooperative relationships with other units of government, business, and civic groups and organizations active in the City. The City of Farmington recognizes that City Council decisions, policy issues, development proposals, and various other actions related to City business have the potential to become controversial and cause debate 01' disagreement among various constituencies. Effective communication strategies will help prevent such issues from becoming a crisis, and at the same time, promote constructive dialogue in the community. This policy, in conjunction with the City's customer service policies and procedures, provides the procedures and guidelines for effective public communications. Guidelines 1) Responses to public inquiries should always be provided in a very objective, courteous and professional manner. Response to media inquiries should be provided in a concise and direct manner balancing the public's need and right to know while minimizing any UIll1ecessary 01' superfluous personal comments that could generate liability for the City 01' potentially damage the reputation of the City, the department, and/or respective staff. Eff. 5/99 103 2) The use of any profanity, personal comments or language which could reasonably be perceived as either offensive or demeaning to any person or group's gender, racial composition, ethnic background, sexuality, religious preference or any other protected class characte11stic is strictly prohibited. 3) Discussion regarding any legal or liability issue should be avoided and all questions of a legal nature should be refelTed to the City Attorney. 4) All City employees have the responsibility to identify potential issues affecting the pe1formance of their duties and respond accordingly. Once identified, the issue should be communicated through appropriate organizational channels. All concerns that may generate a high level of public visibility should be brought to the immediate attention of the department director and City Administrator, as appropriate. .. 5) Never re$pond to any public inquiry without establishing all the facts. If the issue under review requires additional research, staff should inform the person making the inquiry that additional time will be needed to respond to the inquhy and provide a reasonable timefi:ame in which a response will be given. 6) Access to personnel and government data is governed by the Minnesota Data Practices Act and should be refen'ed to the Human Resources Office prior to responding to public inquires. A determination must be made as to whether the request shall be granted based on Data Practices defInitions of public, non-public and private information. Release of non- public or private information could be harmful to employees, and generate liability issues for both the party releasing the data and the City. Job references, personnel data, and other private data should never be released over the phone. The Human Resources Director is the City's designated Data Practices Compliance Officer. Eff. 5/99 104 ADMINISTRATIVE POLICY - 2.4 HARASSMENT/SEXUAL HARASSMENT The City of Farmington is committed to creating and maintaining a work environment fi:ee from all forms of harassment and disclimination. Harassment is a violation of Title vn of the Civil Rights Act of 1964 and Milmesota Human Rights Act. Harassment of any person because of race, creed, color, religion, national Oliginal, sex, age, marital status, disability, sexual orientation, receipt of public assistance, political opinions, or affiliations is unlawful. This policy statement is intended to: (1) make all employees sensitive to the matter of harassment; (2) express the City's strong disapproval of unlawful harassment; (3) advise employees of their behavioral obligations; and (4) inform them of their lights. In keeping with this commitment, tile City maintains a stlict policy prohibiting unlawful ~..harassment, including sexual harassment. The City prohibits harassment of any form, including .verbal and physical harassment. Management has an obligation to provide an envil'onment free of harassment in a manner which does not abridge the lights of any employee. To accomplish this task, the cooperation of all employees is required. The City will take action to. correct any reported harassment to the extent evidence is available to verify the alleged harassment and any related retaliation. Strict confidentiality is not possible in all cases of harassment as the accused has the light to answer charges made against him or her, particularly if discipline is a possible outcome. Reasonable efforts will be made to respect the privacy of the individuals involved to the extent possible. I Sexual Harassment Prevention It is the City's goal to provide employees with a workplace free from sexual harassment and the conduct that leads to claims of sexual harassment. Because sexual harassment is sometimes difficult for employees to recognize, the following definition, as defined by the Equal Employment Opportunity Commission (EEOC), 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: 1. It is a condition oflUring or promotion; i I I f ~ r 2. It becomes a factor in an employee's job duties or assignment; 3. It creates an intimidating, hostile, or offensive environment in which to work. The City of Fm1nington recognizes the need to educate its employees on the subject of sexual hm'assment and stands committed to provide infomlation and training. Sexual harassment prevention training is a required training for all employees. All employees are expected to treat each other and the general public with respect and to assist in fostelIDg an environment fi:ee fl:om Rev. 1/09 105 unwanted harassment. Violations of this policy may constitute just cause for discipline, including discharge. Each situation will be evaluated on a case-by-case basis depending on the severity of the complaint and the circumstances involved. Procedures for Reporting Harassment Employees have the light to raise the issue of harassment and to file complaints with respect to such harassment without reprisal. Any action intended to intimidate, retaliate against, harass, or disadvantage any person because the person has reported or complained of harassment, or assisted or participated in any investigation or hearing, is considered reprisal. Retaliation against an employee who reports, objects to, or complains of sexual conduct in the workplace will not be tolerated. In order for a harassment issue to be addressed, it must be brought to the attention of management. In order for action to be taken, information must be forwarded to the appropriate level of management. Employees who feel they have been victims of harassment or employees who are aware of such harassment should immediately report their concems to any of the following: (1) supervisor; (2) department head; (3) Human Resources Director; or (4) City Administrator. In addition to notifying one of these persons and stating the nature of the harassment, the employee is also encouraged to take the following steps: 1. Make it clear to the harasser that the conduct is unwelcome and document the conversation. 2. Document the occurrences of harassment. 3. Report complaints to Human Resources. 4. Document any fmiher harassment or replisals that occur after the complaint is made. A written record of the complaint and findings will become a part of the investigative file. The investigative file will be maintained separately from the employee's personnel file. If the facts support the allegations, the perpetrator of the harassment will be subject to appropliate disciplinary action, up to and including discharge. Any official or employee found to have made a false complaint, or found to knowingly give false information during an investigation of such a complaint, may also be subject to disciplinary action. Respectful Workplace Behavior All employees are expected to express the shared values of respect, courtesy, civility, politeness, consideration, and tolerance toward their fellow employees in the workplace. Understanding and tolerating another's beliefs, opinions, or way of life, even if they differ fl.-om your own, is the way we express these shared beliefs in our workplace Rev. 1/09 106 ADMINISTRATIVE POLICY - 1.14 WORKPLACE VIOLENCE The City of Farmington is committed to creating and maintaining an environment in which everyone can work without fear or intimidation. This requires that employees treat each other with respect and dignity. Violence creates an intolerable climate which disrupts the sun-oooding environment. It is clearly an abuse of power and a violation of ethical and professional standards. It is also illegal. Violence can happen anywhere to anyone regardless of age. race, marital status, gender, religion, position, or personal charactet1stics. Prohibited Conduct ,Th.e City will make every reasonable effort to keep their employees as safe as possible and will 'riot tolerate acts of violence. Acts of violence include, but are not limited to, the following: 1) Causing physical injury to another person; 2) Making threatening remarks, swearing and gestures; 3) Aggressive, hostile behavior that creates a reasonable fear of injury to another person 01' subjects another individual to emotional distress; 4) Intentionally damaging or threatening to damage employer property or the property of another employee; or member of the public; 5) Possession of a weapon while on City property or while on City business; 6) Sexual harassment, domestic violence or other offensive behavior; . 7) Deliberate or careless conduct endangering the safety of other employees. Acts of violence on City property or facilities, or while on City business, will not be tolerated or ignored. Any unlawful act of violence committed by employees or members of the public while on City property, or while using City facilities, will be prosecuted as appropriate. The City intends to use reasonable legal, managerial. administrative, and disciplinary procedures to secure the workplace from violence and to reasonably protect employees and members of the public. Possession and Use of Dangerous Weapons by Employees In the interest of maintaining a workplace that is safe and fi:ee of violence, except as hereinafter provided, possession 01' use of dangerous weapons, except where such possession or use is specifically required as part of the employee job duties, is strictly prohibited on City property, in City vehicles, or in any personal vehicle which is used for City business. Dangerous Weapons Defined A dangerous weapon is any instrument capable of producing bodily harm, and that manifests an intent to harm or intimidate another perSOll or that wan'ants ahum for the safety of another person. Eff. 2009 107 1 Exceptions to Dangerous Weapons Prohibitions Employees ofthe City of Farmington may possess a firearm on City property if: . engaged in military or law enforcement activities Additionally, City staff utilizes certain equipment that would be considered dangerous weapons if used improperly. The City needs this equipment for the efficient operation of various departments. However, every reasonable effort will be made to train employees on the proper use of equipment. Furthermore, any employee using City equipment for anything other than its intended use will be subject to disciplinary action. RESPONSffiILITIES Employees All employees are responsible for: . Refi:aining from acts of violence and for seeking assistance to resolve personal issues that may lead to acts of violence in the workplace; and . Reporting to department directors, supervisors and/or Human Resources any dangerous, harassing, threatening or violent situations that occur in the workplace; . Documenting behavior. Include direct quotes, patterns of abuse, and names of witnesses. Save any letters, memoranda, emails or notes and keep them and all other documentation in a safe place. . Refraining from any type of retaliation Employees are encouraged to report to theil' department directors and supervisors and/or Human Resources, any situation that occurs outside of the workplace which may affect workplace safety, i.e., instances where protection orders have been issued, etc. Department Directors/Supervisors Department Directors and Supervisors, in conjunction with Human Resources, are responsible for assessing situations, making judgments on the appropriate response, and then responding to reports or knowledge of violence and for initiating the investigation process. Department Directors and Supervisors must: . Evaluate any report of violence immediately and confidentially, and take appropriate action in order to protect the employee from further violence, Appropriate disciplinary action will be taken when it is determined that the City of Farmington employee(s) have committed acts of violence; . Where issues of employee safety are of concern, evaluate the workplace and make appropriate recommendations regarding a reasonable response; . Report any issue to the Human Resources Dil'ector for investigation, whether or not there has been a complaint, where a Department Director and/or Supervisor knows or reasonably should know that violence is occUl1'ing, . Maintain documentation of report and recommendation including rationale. Eff. 2009 108 2 City Administration The City Administrator, or the City Administrator's designee, is responsible for developing procedures that Elre designed to reasonably achieve the following: . prompt and appropriate response to any act of violence; . accountability among employees for acts of violence committed in the workplace; . establishment of a protocol for investigations of violence; . establishment of avenues of support for employees who experience violence; and . communication of this policy and administrative procedures to all City employees. PROCEDURES FOR DEALING WITH ACTS OF VIOLENCE IN THE WORKPLACE Guidelines When an act of violence occurs: 1) If the act or altercation constitutes an emergency, CALL 911. In instances that are not emergency situations, contact your supervisor or department director. When 911 is contacted, contact an immediate supervisor or department director after contacting 911. 2) Contact the appropriate Department Director. 3) The department director will contact the Human Resources Director, who will take responsibility for coordinating response to the incident and the City Administrator. 4) The Police Department will handle all instances involving emergency situations, or criminal activity. 5) In instances when it is not appropriate to refer an incident to the Police Department, the Human Resources Du'ector will evaluate the situation and make a recommendation regarding the need for an investigation. If any internal ulvestigation is recommended, the Human Resources Director will coordinate the investigation process. ConduCting an Investigation There are liabilities and legal implications associated with acts of violence Ul the workplace. It is critical that each incident is evaluated appropriately. Therefore, incidents involving emergency and/or cruninal activity will be refen-ed to the Police Department for investigation. Incidents that do not involve an emergency situation and/or criminal activity will be handled by the Human Resources Director to insure that each investigation is conducted in a fau' and objective manner and is sensitive to the rights of all persons involved. The City acknowledges that in some cases there may be both criminal and disciplinary investigations. In the event of a criminal investigation, all rules of criminal procedure will apply and will precede any civil disciplinary investigation. The following are the steps taken in each investigation. Eft: 2009 109 3 Data Collection All information obtained during the course of an investigation will be thoroughly documented. Interview with the ReDortin2 Party The goal of this interview is to develop a tlUe and accurate account of the incident and to reassure the reporting party that the City is actively responding to the incident. If the reporting party is a member of a collective bargaining unit, shelhe may choose to have a union steward present dUling the interview. The following infOlmation will be requested. · Date and time of the violent incident. · Who is involved, what happened, and where and when the incident occun'ed. · Are there any other incidents relative to this investigation? · Background information (what led up to the incident, what is the relationship between the parties involved, etc.). · The names of anyone else who: 1. Saw or heard the incident; 2. The person has talked with about the incident; 3. The person believes has also had.encounters with the alleged offender. · What did the victim do in response to the violent encounter? · Any documented information of the incident, or any other violent encounters that the person has had with the alleged offender. Interview with the Allee:ed Offender The goal of this interview is also to develop a true and accurate account of the incident. If the alleged offender is a member of a collective bargaining agreement, she/he may choose to have a union steward present during the interview. The following information will be given: · Presentation ofincident(s) as described by victim and/or witness's · Inform alleged offender that the City is investigating the incident and any form of retaliation or any action that might be interpreted as retaliation will not be tolerated The following information will be requested: · Response to the reporting party's desCliption of the incident · Hislher side of the story · Description of relationship with the reporting party · The names of anyone else who: 1) Saw 01' heard the incident; 2) The person had talked with about the incident. · Any documented information regarding the alleged incident(s) Interviews with Witnesses or Others in the W orkDlace Eff. 2009 110 4 The goal of these interviews is to determine a true and accurate account ofthe incident(s). Confidentiality will be stressed to each interviewee. The following information will be requested. . Why type of interaction was observed between the offender and the victim? . What is hislher knowledge of the specific incident being investigated? . What other information can be provided that is relevant to this investigation? . Any documentation regarding the alleged incident(s). Conclusion of an Investigation If the incident is substantiated, the alleged offender shall be subject to disciplinary action up to and including dismissal (See Administrative Policy on Discipline). If the incident is unsubstantiated, the alleged offender will be exonerated and the reporting party, if appropriate, could be subject to disciplinary action. If the results of the investigation are inconclusive, the City will continue to monitor the situation on an on-going basis. Once final action is taken, the alleged victim will be notified as to the outcome of the investigation as soon as it is legally possible to do so. Eff. 2009 111 5 ADMINISTRATIVE POLICY - 9.1 Information Systems (IT) Tins policy is to ensure that employees use City computer systems in the most effective, consistent and appropriate manner possible in order to achieve the maximum benefit in terms of work productivity. This policy applies to all computer users and covers all system hardware components, petipheral hardware devises, all software applications/programs, intemet usage and any other data processing systems used to conduct City business. Software Use and Applications A. Copyright infiingement Employees are prohibited fl.'om making any unauthOlized copies of copyrighted software that is owned or leased by the City. IT must approve the copying of any software fl.'om one computer to another. Failure to abide by the federal copyright laws will expose the City, and the employee involved, to potential criminal and civil liability. The above paragraph applies equally to the act of bringing software fl..om a home computer to be used on City comput(frs. All software that is loaded onto City computers must have approval from IT prior to loading. This applies to both the network drives and the local disk drives (C:). The City, to prove legal ownership of software, must have the original diskettes and manuals stored on City property. IT will periodically check for software that may be in violation of the above mentioned policy. B. Development All software program applications developed for use by the City of Farmington become the sole property of the City. These software programs may not be sold or distdbuted in any manner without the written authorization of proper City authorities. Employees must direct all third party requests to use City developed applications to IT. This includes, but is not limited to, programs developed in Word, Excel, Access using either macros or templates. C. Acquisition IT must approve all software purchases. IT will authorize the use of software that is consistent with the design and architecture of the City's data processing platfonu. It is important to adhere to a standard list of software because documents and data are shared much more easily using a common interface, and because IT does not have enough resources to support multiple software packages performing the same function. 113 D. Configuration IT employees will make any configuration changes to a computer. This includes any files that relate to how the computer and software is configured. Network Protocols The purpose of the City's local area network is to share software, data, and hardware resources among individuals, workgroups and departments. The following items pertain to that network environment. Security: 1) Login Names. Login names will consist of the first letter of the user's first name and the user's last name. 2) Passwords. All network login passwords must be kept confidential. Designated staff (IT and Department Director) may need to know a user's password to allow for testing of software and network maintenance. In all other cases, IT must give approval before a password is revealed to another user. Only IT or designated LOGIS staff will have the appropriate security to change passwords. 3) Supervisor. The Administrator login name shall have full network supervisory rights. Personnel with :full access rights will use those rights for purposes of maintaining and auditing the network. 4) File Storage. Each network user is assigned a personal directory, a common workgroup directory, a shared citywide directory, and other specialized directories which can be used for storing City business files as may be l'equired. Users are responsible for removing files fl.-om these directories when they are not longer useful as network hard disk space is limited. 5) Network Back-up. Information on the network is back-up to tape every evening. If a file is accidentally deleted, please contact IT to request that the file be restored. IT will let the user know as to whether the file can be restored from the last network back-up. 6) File Sharing. The :\citywide directory is the designated citywide directory for sharing files. Information contained on the citywide directory is a file copy only. Any changes made to a shared file shall only be made either by or with permission from the original author of the file. IT and designated LOGIS staff will also have permission to access files and assist users with operational and software problems. 114 7) Software UpgradeslFile Downloads. Employees must have approval from IT prior to purchasing or installing any application upgrades or downloading of files in order to ensure network-wide compatibility, IT support capabilities and appropriate virus protection and screening. 8) Network Support Requests. LOGIS is the City's authorized network support provider. Prior to any calls being made for third-party network support, including LOGIS, the requesting party should consult with IT on existing problems. Calls for network service should be made to IT. PERSONAL USE OF COMPUTER SYSTEMS Employee use of City hardware and software is restricted to purposes relative to conducting City business. Use of the internet for personal reasons during normal business hours, or. accessing inappropriate websites at anytime is stlictly forbidden. The accessing of sites by employees considered generally profane, anti-social, degrading of any culture, demographic group and/or racial/sexual/religious/physical charactedstics and/or of a pornographic nature is strictly forbidden. The City has placed various internet controls in place that restricts access to a variety of websites and monitors internet use on a regular basis. Violations related to computer and internet use are subject to disciplinary action, up to and including dismissal. For information regarding use of City email, please refer to the administrative policy on Email. The use of the Internet after hours for personal reasons must be requested by the employee and submitted to the Department Dil'ector for approval. IT must be informed of all employees granted permission to use the internet for personal reasons. Hardware A. Hardware Standardization It is important to adhere to a standard list of hardware because data and peripherals can be shared much more easily. All computer purchases will be made and/or approved by IT to ensure that the use of the hardware is consistent with the design and architecture of the City's data processing platform. B. Restdcted Activity Only authorized IT personnel will be allowed to access, relocate, repah', or remove components for repah' on the City's computer system. Employees should contact IT for any hardware related problems. Many hardware components are under warranty, and should only be serviced by authorized vendor technicians. 115 ADMINISTRATIVE POLICY - 9.2 ELECTRONIC MAIL (E-MAIL) The City of Farmington provides and maintains an internal and external electronic mail (e-mail) system. All City communications systems hardware, software, temporary/permanent files, and any related systems or devices used in the transmission, receipt, or storage of e- mail/internet/intranet infOlmation are and remain City property. Accordingly, all messages and files created, sent, received or stored within the system should be related to City business and are the property of the City. Any and all opinions stated using the City's e-mail system, whether expressed or implied, shall be those of the individual use and not necessarily the opinions of the City or its management. POLICY 1) The City maintains an electronic mail system. This system is provided by the City to assist in conducting City business. 2) All messages composed, sent, or received on the electronic mail system are and remain the property of the City. They are not the private property of any employee. 3) The use of the electronic mail system is reserved for conducting City business. 4) The electronic mail system may not be used to solicit or proselytize for commercial ventures, religious or political causes, outside organizations, or other non-job related solicitations. 5) The electronic mail system is not to be used to create, send, print or disseminate any offensive or disruptive messages. Among those which are considered offensive, are any messages which are pornographic or which contain sexual implications, racial slurs, gender- specific comments, discriminatory comments, or any other comment that offensively addresses someone's age, sexual orientation, religious or political beliefs, national origin, or disability. Additionally, offensive or sexually oriented e-mails are in violation of the City's Offensive Behavior/Sexual Harassment policy. 6) The electronic mail system shall not be used to send (upload) or receive (download) copyIighted materials, trade secrets, proprietary information or similar materials without prior authorization. 7) The electronic mail system shall not be used for engaging in any activity in violation oflocal, state, or federal law. 8) The City has and will exercise the right to review, audit, intercept, access and disclose all messages created, received or sent over the electronic mail system for any purpose. The City Administrator or HR Director. or their designees acting at their direction. may review or audit use of the electronic system at any time in their sole discretion to determine compliance with tills or other City policies. The contents of the electronic mail properly obtained for legitimate business purposes, may be disclosed within the City without the permission of the employee. An employee should have no expectation of privacy in messages or files they create, send, read or listen to on City computers. 9) The confidentiality of any message should not be assumed. Even when a message is erased, it is still possible to retrieve and read that message. Further, the use of passwords for security does not guarantee confidentiality. All passwords must be disclosed to the City Administrator Eft: 2/01 117 and/or IT Director. E-mail messages should be drafted in the same manner and with the same care as any communication in printed form on City letterhead 10) Notwithstanding the City's right to retrieve and read any electronic mail messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read any e-mail messages that are not sent to them. Any exception to this policy must receive prior approval by the IT Director. 11) Employees shall not use a code, access a file, or retrieve any stored infOlmation, unless authorized to do so. Employees should not attempt to gain access to another employee's messages without the latter's permission. All computer pass codes must be provided to the IT Director and will be available to Department Directors upon request. 12)Employees are prohibited from deactivating software designed to detect and destroy computer viruses. 13) Employees are prohibited from activities which may degrade the performance of the City's computer or communication equipment (e.g. downloading additional software for personal use). ~14)Any employee who receives an e-mail in violation of this policy should delete the e-mail and inform the sender, ifpossible, to discontinue e-mail communication. 15) If it is perceived that this policy has been violated, such violations should immediately be reported to the Human Resources Office. Disciplinary action for violation of this policy will correspond to the gravity of the offense as weighed by its potential effect on the City and/or its employees and may include, but is not limited to, suspension and/or termination. Eft: 2/01 118 ADMINISTRATIVE POLICY - 05 Cellular Phones and Personal Digital Assistant (PDA's) The City provides cellular phones to employees who have a business necessity to telephone others or receive calls while outside of City buildings. Cellular phones are provided to employees for the sole purpose of enhancing the quality, tiineliness and overall service level of local government activities. Guidelines 1) All cellular services and billing plans will be established by City Administration, and audited peliodic~ly. 2) Calls shollld be limited to those necessary to perform assigned duties. 3) For the safety of City employees and the general public, employees are discouraged from using the. telephone while operating a vehicle. This includes direct connect. 4) Personal phone calls will be acceptable in those circumstances where it is necessary to contact a family member concerning matters. of relative imp0l1ance. Personal phone calls should be kept to a minimum and be as blief as possible. 5) In general, long distance calls should not be made on a cellular phone. If a personal long distance call is made from the cellular phone, the employee is responsible for reimbursing the City for the cost of these calls, as applicable. 6) Text messaging is only allowed for documented business purposes. If an employee receives a personal text message, the employee should notify the sender to refrain from sending text messages to the City cell phone. Additionally, the employee will be responsible for reimbUl"sing the City for the cost of text messages. An employee should have no expectation of privacy in messages or files they create, send, read or listen to on City phones. 7) Text messaging is prohibited while operating a vehicle. 8) Non-exempt employees are not expected to utilize cell phones, Blackberry's or other PDA's for City business outside of working hours unless the employee has received approval from his/her supervisor in advance. 9) Cell phone use is strictly prohibited when operating fire apparatus. Eff.2/01 119 Global Positioning Systems: Locators and Monitoring The purpose of this policy is to provide infOlmation regarding the Citis use of Global Positioning Systems (GPS) teclmology for organizational purposes. The prinuuy purpose of GPS location and monitoring is for safety, security, productivity, increased efficiency and to better serve our residents. It will also be used to bettel' document activity for the enforcement of City ordinances. Policy 1) The City maintains a GPS system on city owned equipment. This system is in place to assist the City in conducting City business. 2) The GPS system will not be used for engaging in any activity in violation of local, state, or federal law. 3) City employees will not be monitored during their personal time including rest and lunch breaks. The City will take whatever measw:es possible to ensure tracking of personal time does not occur. 4) City management will exercise the right to review all information at any time to determine compliance with this or other City policies. 5) Employees are prohibited from deactivating or tampering with City GPS location and monitoring hardware and software except as provided for in this policy. While it is not the plimary purpose of this policy, it is possible that this teclmology will be used in employee investigations which may result in either correcting unacceptable behaviors or discipline up to and including tennination of employment. I I I , I I I I I i I I I I , I I i i I I I I i I i 120 ADMINISTRATIVE POLICY - 2.3 OUTSIDE EMPLOYMENT The City of Farmington expects regular employees to consider City work their primal)' employment. Any other job must be compatible, without conflict of interest or schedule. The City does not support employee's outside work which interferes with the efficient and effective performance of their City job duties and responsibilities. The primal)' concem is that there be no conflict of interest between the outside work and the City position. Conflicts of Interest It is expected that every employee exercise good judgment to avoid becoming involved in a conflict of interest. Examples of conflict of interest situations include: 1) Those in which an employee's official capacity -with the City, or with the outside organization, may enable him or her to influence the placing of City business. 2) Those in which an employee accepts a paid or unpaid position elsewhere, where such activity interferes with their duties and job performance at the City. 3) Those in which an employee may gain access to information not generally available to the public which may allow him or her to directly or indirectly gain anything of value. Prohibitions 1) Employees shall not accept payor compensation from others while performing work for the City. 2) Employees shall not work for any contractor or company that has a contract with the City during the time the contractor or company is actually working on City projects or business, unless specifically auth01;zed by the City Administrator. 3) Employees shall not accept outside employment that requires the use of City equipment, facilities or supplies. Eft'. 2/98 121 ADMINISTRATIVE POLICY - 1.9 POLITICAL ACTIVITY City employees are neither appointed to nor retained in municipal employment on the basis of then' political activity, but rather on the basis of their qualifications, work performance and fitness. The purpose of this policy is to ensure that the City organization and its employees remain politically neutral in all local political activities. Pursuant to state law (Minn. Stat. 211B.09), city employees may not, at any time, use then' official authority or influence to: . Compel a person to apply for membership in or become a member of any political organization, or . Payor promise to pay a political contribution, or . Take part in political activity. If employees have specific questions regarding appropriate involvement in local political activities, please refer all questions to the City Human Resources Office. City employees are defined, for this policy, as any individual in a compensated position whether that position is regular, seasonal, temporary or volunteer. For example, use of any City equipment, title or position reference for purposes relating to political activity is strictly prohibited. Violation of this statute is considered a misdemeanor, and a violation of this policy which may subject an employee to disciplinary action under the policy 011 Discipline. If an employee is found guilty of violating this policy in a court of competent jurisdiction, the employee will be subject to disciplinary action up to and including dismissal. Eft". 8/98 122 ADMINISTRATIVE POLICY - 1.15 DRIVER'S LICENSE STATUS CHECKS Any employee whose job description requires a driver's license shall maintain that license in a valid status. If, for any reason, an employee's driver's license is suspended, revoked, withdrawn or canceled, the employee must notify his or her supervisor as soon as possible and before operating any City owned vehicle. Loss of driving privileges for any reason may result in the immediate reassignment to a non~driving position, if available, or in termination of employment. The Human Resources Office will obtain motor vehicle records annually on all employees authorized to operate City owned vehicles. The City retains the right to revoke any employee's privilege to operate a City vehicle at any time. Any employee convicted of a traffic violation while traveling in a City owned vehicle is responsible for the fines associated with that violation and may be subject to discipline. Disciplinary action will cOlTespond to the gravity of the offense as weighed by its potential effect on the City and/or its employees and may include, but is not limited to, suspension and/or termination. Eff. 4/00 123 ADMINISTRATIVE POLICY -1.12 POLICY IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS The purpose of this policy is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy implements the requu'ements of the Federal Omnibus Transportation Employee Testing Act and the U.S. Department of Transportation RegulatiollS, 49 C.F.R. Part 382. This policy is in addition and separate from the City's Drug and Alcohol Testing Policy, which implements the requirements of state law and the Federal Drug Free Workplace Act of 1988, DEFINITIONS: Accidents: (a) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a public road which results in: 1) a fatality; 2) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; 3) One or more motor vehicles incurring disabling damage as a result of the accident, requh'ing the vehicle to be transported away from the scene by a tow truck or other vehicle. (b) The telm accident does not include: 1) An occurrence involving only boarding and alighting from a stationary motor vehicle; or 2) An occurrence involving only the loading or unloading of cargo; or 3) An occunence in the course of the operation of a passenger car 01' a multipurpose passenger vehicle (as defined in 571.3 of this title) by a motor carrier and is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 77.823 of this title. . Alcohol: the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol Concentration (or content): the alcohol in volume of breath expressed in telms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this policy and federal regulations. Alcohol Use: the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. BAT (Breath Alcohol Technician): an individual who instructs and assists individuals in the alcohol testing process and operates an EBT. Chain-of -Custody: procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures shall requu'e that an appropriate drug testing custody fOlm be used fl.-om time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain-of-custody fonn(s) accotmt(s) for the sample or sample aliquots within the laboratory. Eff. 11/97 1 125 City or City of Farmington: the City of Farmington, Milmesota, acting through its City Administrator or a designee of the City Administrator. City of Farmington Drug and Alcohol Testing Policy: a separate Drug and Alcohol policy that is part of the City of Farmington Personnel Policies. Commerce: both of the following: (a) any trade, traffic or transportation within the jurisdiction of the United States between a place and a state and a place outside of such state, including a place outside of the United States, and (b) any trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) ofthis defInition. Commercial Motor Vehicle: a motor vehicle or combination of motor vehicles used in commerce to transpOlt passengers or propelty if the motor vehicle: (a) has a gross combination rating of 26,000 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (b) has a gross vehicle weight rating of26,001 or more pounds; or ( c) is designated to transport 16 or more passengers, including the driver; or (d) is of any size and is used in the transportation of material found to be hazardous for the purposes of the Hazarpous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations set forth under 49 C.F.R. part 172, subpart F. (e) is not a fire truck or other emergency fIre equipment. ConfIrmatory Test: for alcohol testing, it means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing it means a second analytical procedure to identify the presence of a specifIc drug or metabolite which is independent of the screen test and which uses a different technique in chemical principal fl.-om that of the screen test in order to insure reliability and accuracy. (Gas chromatography/mass spectrometly (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine). Confirmatory Retest: For controlled substances it means a third analytical procedure to reconfirm the presence of a specifIc drug or metabolite. .If the test result of the primary specimen is positive, the driver may request that the MRO direct the split specimen be tested ill any different DHHS-certified laboratOlY for presence of the drug(s). Consortium: an entity, including a group or association of employers or contractors, that provides alcohol or controlled substance testing as required by federal regulations, or other U.S. Depaltment of Transportation alcohol or controlled substances testing rules, and that acts on behalf of the employers. Controlled Substance: has the meaning assigned by 21 U.S.C. 802 and includes all substances listed on Schedules 1-5 as they may be revised from time to time (21 C.F.R. PaIt 1308). DIDIS: The Department of Health and Human Services or any designee of the Secretary of the Department of Health and Human Services. DOT Agency: an agency (operating administration) of the United States DepaI1ment of Transp011ation administering regulations requiring alcohol and/or drug testing in accordance with 49 C.F.R. part 40. Eff. 11/97 2 126 Driver: any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: full-time, regularly employed drivers; part-time and temporary chivers; leased drivers and independent owner/operator contractors who are either directly employed by or undel' lease to the employer or who operate a commercial motor vehicle at the direction of or with the consent of the employer. For the purposes of pre- employment/pre-duty testing only, the telm driver includes a person applying to the City for employment to drive a commercial motor vehicle. Drug: means any substance (other than alcohol) that is a controlled substance as defined in 49 C.F.R. Part 382 and 49 C.F.R. Part 40. EBT (Evidential Breath Testing Devise): an EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSNs "Conforming Products list of Evidential Breath Measurement Devises. n Employer: the City of Farmington acting through its City Administrator or a designee of the City Administrator. FHW A: . The Federal Highway Administration. MRO:. Medical Review Officer. A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with the driver's medical history and any other relevant biomedical infOlmation. Performing a Safety-Sensitive Function: a ddver is considered to be perfonning a safety sensitive function during any period in which the ch'iver is actually performing, ready to perfOlm, or immediately available to perform, or in a state of readiness to perform any safety sensitive function while on duty. Reasonable Suspicion: means that the City believes the appearance, behavior, speech or body odors of a ch'iver are indicative of the use of a controlled substance or alcohol based on the observation of at least one (1) supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. Refusal to Submit (to an alcohol or controlled substances test): a ch'iver: (a) fails to provide adequate breath for testing without a valid medical explanation after the driver has received notice of the requirement for breath testing in accordance with the provisions of this part, (b) fails to provide adequate urine for controlled substances testing without a valid medical explanation after the chiver has received notice of the requirement for urine testing in accordance with the provisions of this policy and federal regulation, or (c) engages in conduct that clearly obstructs the testing process. Safety.Sensitive Function: any of the following: (a) All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched or in a state of readiness to drive and/or maintain a commercial motor vehicle, unless a chiver has been relieved from duty by the City; (b) All time inspecting equipment as required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; ( c) All dliving time which shall mean all time spent at the driving controls of a commercial motor vehicle in operation; Eft'. 11/97 3 127 (d) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, which shall mean a berth conforming to the requirements of federal regulation; ( e) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or giving or receiving receipts for shipments loaded or unloaded; (f) All time spend performing the driver requirements of the federal statutes related to accidents; (g) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle. Screening Test (also known as Initial Test): in alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or hel' system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens fl.'om further consideration. State of Readiness: a driver who is on call, ready to be dispatched, to perform safety-sensitive functions while on duty. Substance Abuse Professional (SAP): a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified. psychologist, social worker, employee assistance professional, or addiction counselor (certified by the national Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances- related disorders, Supervisor: the person designated by the City to perform supervisory functions over the City's drivers. Violation Rate: the number of drivers found during random tests given pursuant to tins policy and feqeral regulations to have an alcohol concentration of 0.04 or greater, plus the number of drivers who refuse a random test required by this policy and federal regulations, divided by the total repOlted number of drivers in the industry given random alcohol tests pursuant to this policy and federal regulations, plus the total reported number of drivers in the industry who refuse a random test required by this policy and federal regulations. PROHIBITED CONDUCT Conduct Related to Alcohol: (a) A driver tested under this policy and federal law who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perfOlm safety-sensitive functions, including wiving a commercial motor vehicle. The drivel' shall not perform safety-sensitive functions until the start of the driver's next regularly scheduled duty, but not less than twenty-four hours following administration of the test and the driver will not be compensated during the time off. The wiver may use benefit hours during the absence if accrued and available. A detectable alcohol concentration level is in violation of the City of Farmington Drug and Alcohol Testing Policy and actions also may be taken under that policy, which may be in addition to this policy. (b) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an. alcohol concentration of 0.04 or greater. (c) The City, having actual knowledge that a driver has an alcohol concentration of 0.04 or greater, shall not permit the w'iver to pelform or continue to perform safety-sensitive functions. (d) No driver shall be on duty a commercial motor vehicle while the driver possesses alcohol in any quantity. Eft: 11/97 4 128 (e) No driver shall use alcohol while performing safety sensitive functions. (f) The City, having actual knowledge that a driver is using alcohol while performing safety-sensitive functions, shall not permit the driver to perform or continue to perform safety-sensitive functions. (g) No driver shall perfoml safety-sensitive functions within four hours after using alcohol. (h) The City, having actual knowledge that a dliver has used alcohol within four (4) hours, shall not permit a driver to perfOlm or continue to pelfOlm safety-sensitive functions. (i) No driver required to take a post-accident alcohol test because of loss of human life or who receives a citation under state or local law for a moving traffic violation arising from an accident shall use alcohol for eight (8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. (j) No driver shall refuse to submit to a post-accident alcohol test, a random alcohol test, a reasonable suspicion alcohol test, or a follow-up alcohol test mandated by this policy and federal law. (k) The City shall not permit a ddver who refuses to submit to the mandated alcohol tests under this policy and federal law to perform or continue to pelfOlm safety-sensitive functions. Conduct Related to Controlled Substances ~:~'.{a) No driver shall report for duty or remain .on duty requiring the pelfOlmance of safety-sensitive . ,. functions when the driver uses any controlled substance, except when the use is pursuant to the .. instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. (b) The City, having actual knowledge that a driver has used a controlled substance, shall not permit the ddver to perform or continue to perform a safety-sensitive function unless use is permitted pursuant to the written instruction of a physician. (c) A driver shall infOlm the driver's supervisor of any therapeutic drug use. (d) No chive!' shall report for duty, remain on duty, or perfOlm a safety-sensitive function, if the driver tests positive for controlled substances. (e) The City, having actual knowledge that a driver has tested positive for controlled substances, shall not pelmit the chiver to pelform or continue to perform safety-sensitive functions. (f) No driver shall refuse to submit to a post-accident controlled substance test, a random controlled substance test, a reasonable suspicion controlled substance test, or a follow-up controlled substance test mandated by this policy and federal law. (g) The City shall not pelmit a driver who refuses to submit to the mandated controlled substance tests to pelform or continue to perform safety-sensitive functions. TYPES OF TESTS REQUIRED Pre-Employment Testing: Prior to the first time a driver performs safety-sensitive functions for the City, the driver shall undergo testing for controlled substances. For purposes of this subsection on pre-employment testing, the tenn driver includes but is not limited to a person applying to the City to drive a commercial motor vehicle, a person who has recently obtained a commercial driver's license or a person who has been reassigned or promoted into a position that requires the pelformance of safety-sensitive functions. Any job offer, reassignment, or promotion to chive a commercial motor vehicle shall be contingent upon a negative controlled substance test report and the applicants written agreement authorizing fOlmer employers to release to the City all infOlmation on the applicant's alcohol tests with a concentration result of 0.04 or greater, positive controlled substance test results, and refusals to be tested, within the preceding two years. The City also retains the right not to hire a chiver who has a positive test Eft: 11/97 5 129 result and who has not participated in and completed a counseling or rehabilitation program as directed by the driver's substance abuse professional. Post Accident Testing: (a) Drivers Tested. As soon as practicable following an accident involving a commercial motor vehicle, the City shall test for alcohol and controlled substances of each surviving driver; 1) Who was pelforming safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or 2) Who received a citation and there was either serious bodily injury needing immediate medical treatment; or 3) Who received a citation and one or more vehicles is towed as a result of the accident; or 4) The City may also test under the City of Farmington Dmg and Alcohol Testing Policy. (b) Alcohol Tests. If a test required by this section is not administered within two hours following the accident, the City shall prepare and maintain on file a record stating the reasons the test was not promptly i:uiministered. If a test required by this section is not administered within eight hours following the accident, the City shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FHW A upon then' request. (c) Controlled Substance Tests. If a test required by this section is not administered within 32 hours following an accident, the City shall cease attempts to administer a controlled substances test and prepare and maintain, on file, a record stating the reason the test was not promptly administered. Records shall be submitted to the FHW A upon then- request. (d) Readily Available. A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the City to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. (e) Post Accident Information. The City shall provide drivers with necessary post-accident information, procedures, and instructions, prior to the driver operating a commercial motor vehicle, so that chivers will be able to comply with the requirements of this section. (f) Results of Test. The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by Federal, State, or local officials havnlg independent authority for the test, shall be considered to meet the requirements of this section provided such tests conform to applicable Federal, State, or local requn'ements, and that the result of the tests are obtained by the City. Random Testing: (a) Minimum Annual Percentage Rate. Except as provided in paragraphs (b) through (f) of this section regarding random testing, the minimum annual percentage rate for random alcohol testing shall be twenty-five percent (25%) of the average number of driver positions the City has unless changed by the FHW A Administrator. The minimum mmual percentage rate for random controlled substance testing shall be fifty percent (50%) of the average number of driver positions the City has unless changed by the FHW A Administrator. (b) Selection of Drivers. The selection of drivers for random alcohol and controlled substance testing shall be made by a scientifically valid method, such as a random number table of a computer-based random number generator that is matched with driver's social security numbers, payroll ~lm7 6 130 identification numbers, and other comparable identifying numbers. Under the selection process used, each driver shall have an equal chance of being tested each time selections are made. (c) Number of Drivers Selected. The City shall randomly select a sufficient number of drivel's for alcohol testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate of twenty-five percent (25%) of drivers. For controlled substance testing, the City shall randomly select a sufficient number of drivers for controlled substances testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate of fifty percent (50%) of drivers. The rates are subject to change by the FHWA Administrator. If the City conducts random testing for alcohol and/or controlled substances through a consortium, the number of drivers to be tested may be calculated for each individual employer or may be based on the total number of drivers covered by the consortium who are subject to random alcohol and/or controlled substance testing at the same minimum annual percentage rate under this part or any DOT alcohol or controlled substance testing rule. (d) Notice Regarding Tests. The City shall ensure that random alcohol and controlled substance testing conducted pursuant to federal law are unannounced and that the dates for administering random alcohol and controlled substance tests are throughout the calendar year. Drivers may be selected for <? ',:. more than one test per year. :!{e) Test Immediacy. The City shall require that each driver who is notified of selection for random "..' alcohol and/or controlled substance testing proceeds to the test site immediately; provided however, that if the driver is peIforming a safety-sensitive function at the time of notification, the City shall instead ensure that the driver ceases to peIform the safety-sensitive function and proceeds to the testing sight as soon as possible. (t) Timing of Test. A driver shall only be tested for alcohol while the driver is performing safety- sensitive functions, just before a driver is to peIform safety-sensitive functions, just after the driver has ceased performing safety-sensitive functions or while the driver is in a state of readiness to peIfOlm safety-sensitive functions. Reasonable Suspicion Testing: (a) City's Determination of Reasonable Suspicion of Alcohol Violations. The City shall require a driver to submit to an alcohol test when the Human Resources Director has reasonable suspicion to believe that the driver' has violated the provisions of federal law concerning alcohol. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the illiver. (b) City's Determination of Reasonable Suspicion of Controlled Substance Violations. The City shall require a illiver to submit to a controlled substance test when the Human Resources Director has reasonable suspicion to believe that the driver has violated the prohibitions of federal law or this policy conceming controlled substances. The City's determination that reasonable suspicion exists to require the driver to undergo a controlled substance test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, and body odors of the ill'iver. The observations may include indications of the chromc and withdrawal effects of controlled substances. (c) Trained Supervisor of Driver. The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor or an employee of the City who is trained in accordance with federal law. The person who makes the determination or who observes or assists with making the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. (d) Timing of Reasonable Suspicion Observations. Alcohol testing is authorized by federal law and this policy only if the observations required in paragraph (a) above are made during, just preceding, or Eff. 11/97 7 131 just after the period of the work day that the driver is required to be in compliance with federal law and these rules. The driver may be directed by the City to only undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, just before the driver is to perfonn safety- sensitive functions, just after the driver the driver has ceased performing safety-sensitive functions or while the driver is in a state of readiness to pelfOlm safety-sensitive functions. (e) City Drug and Alcohol Testing Policy. If the driver is not performing safety-sensitive functions and reasonable suspicion exists, drivers may be tested for drugs and alcohol under the City of Farmington Drug and Alcohol Testing Policy. (f) Proml't Administration of Test. If an alcohol test is required by federal law and this policy is not administered within two hours following the detennination of reasonable suspicion, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by federal law and this policy is not administered within eight (8) hours following the determination of reasonable suspicion, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (g) Under the Influence Prohibitions. Notwithstanding the absence of a reasonable suspicion alcohol test under this policy and federal law, no driver shall report for duty or remain on duty requiring the pelfonnance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and pelfonnance indicators of alcohol misuse, nor shall the City permit the driver to perform of continue to perfOlm safety-sensitive functions until: (1) An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or (2) Twenty-four (24) hours have elapsed following the determination under paragraph (f) of this section that there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy and federal law concerning the use of alcohol. (h) Driver's Behavior and Al'pearance Absent Test. Except as provided in (g)(2) of this section, the City shall not take any action under this pm't against the driver based solely on the driver's behavior and appearance with respect to alcohol use, in absence of an alcohol test. This does not prohibit the City with independent authority of federal law from taking any action otherwise consistent with the law. (i) Written Records of Observations. A Wlitten record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or another city employee who made the observations within twenty-foul' (24) hours of the observed behavior or before the test results are released, whichever is earlier. Return-to-Duty Testing: (a) Return-to-Duty Alcohol Test. The City shall ensure that before a chiver returns to duty requiring the perfonnance of a safety-sensitive function after engaging in conduct prohibited by fed~rallaw 01' this policy concerning alcohol, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration ofless than 0.02. (b) Return-to-Duty Controlled Substance Test. The City shall ensure that before a driver returns to duty the pelformance of a safety-sensitive function after engaging in conduct prohibited by federal law or this policy concerning controlled substances, the driver shall undergo a return-to-duty controlled substance test with a result indicating a verified negative result for controlled substance use. Follow-up Testing: (a) Follow-up Alcohol and/or Controlled Substance Test. Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the driver is subject to unannounced follow-up alcohol and/or Eff. 11197 8 132 controlled substance testing as directed by a substance abuse professional in accordance with the federal law . (b) Timing of Follow-up to Alcohol Test. Follow-up alcohol testing shall be conducted only while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, just after the driver has ceased performing safety-sensitive functions or while the driver is in a state of readiness to perform safety-sensitive functions. SPECIMEN COLLECTION PROCEDURES (a) The collection site person shall instruct the driver to provide at least 60 ml of urine under the split sample method of collection. (b) The City is required to use the "split sample" method of collection for mivers. Split Specimen Pro~edure for Controlled Substance Testing: " '? (a) The ddver shall urinate into a specimen bottle that is capable of holding at least 60 ml. (b) The collection site person shall pour the urine into two specimen bottles. Thirty (30) ml shall be poured into one bottle, to be used as the primary specimen. At least 15 ml shall be poured futo the other bottle, to be used as the split specimen. ( c) If the driver is unable to provide to provide the appropriate quantity of urine, the collection site person shall instruct the driver to m1nk not more than twenty-four (24) ounces of fluid and, after a pe1iod of no more than two hours, again attempt to provide a complete sample. If the driver is still unable to provide a complete sample, the testing shall be discontinued and the City notified. The MRO shall refer the driver for a medical evaluation to determine ifthe driver's inability to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the City may elect to not have the refelTal made and revoke the employment offer. (d) The collection site person will comply with the split specimen procedure as required under 49 C.F.R. part 40. (e) Action required by the regulations as the result of a positive mug test (e.g., removal from performing safety-sensitive function) is not stayed pending the result of the test of the split specimen. (f) If the result of the pdmary specimen is positive, the laboratory shall retain the split specimen in frozen storage for 60 days from the date on which the laboratory acquires it. Following the end of the 60-day period, if not informed by the MRO that the miver has requested a test of the split specimen, the laboratory may discard the split specimen. (g) When directed in writing by the MRO to forward the split specimen to another DHHS-certified laboratory for analysis, the second laboratory shall analyze the split specimen by Gas Chromatography/Mass Spectrometry to reconfirm the presence of the drug(s) or drug metabolites(s) found in the primary specimen. The split specimen shall be retained in long-telm storage for one year by the laboratory conducting the analysis of the split specimen. Reporting and Review of Results for Controlled Substance Testing: (a) ConfIrmation Retest. The MRO shall notify each driver who has a confllmed positive test that the driver has 72 hours in which to request a test for the split specimen if the test is velmed as positive. The driver is responsible for all costs associated with the confIrmatory retest unless the results are negative. If the driver requests an analysis of the split specimen within 72 hours of having been infOlmed of a verifIed positive test, the MRO shall direct, in writing the laboratory to provide the Eff. 11/97 9 133 split specimen to another DIllIS-certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing, or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, the City, and the driver. (b) MRO shall direct analysis of split specimen. If the driver has not contacted the MRO within 72 hours, the driver may present to the MRO infOlmation documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the driver from timely contacting the MRO. If the MRO concludes that there is a legitimate explanation for the driver's failure to contact the MRO within 72 hours, the MRO shall direct the analysis of the split specimen, if applicable, be perfOlmed. ( c) MRO Unable to Contact Driver. If, after making reasonable efforts and documenting these efforts, the MRO is unable to reach the chiver directly, the MRO must contact the designated City contact person, who shall direct the driver to contact the MRO. If the City contact person is unable to contact the driver, the driver will be placed on suspension. (d) MRO May Verify Positive Test. The MRO may verify a positive test without having communicated directly with the driver about the test results under the following conditions: (1) The driver expressly declines the opportunity to discuss the test results. (2) The dtiver has not contacted the MRO within five (5) days of being instructed to do so by the City. ALCOHOL TESTING The FHW A alcohol test rules require breath testing administered by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Devise (EBT). Two breath tests are required to determine if a person has a prohibited alcohol concentr'ation. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If the driver attempts and fails to provide an adequate amount of breath, the City will direct the driver to obtain written evaluation from a licensed physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. CONFIDENTIALITY All alcohol/controlled substances test results and required records are considered confidential information. Any information concerning an individual's test results and records shall not be released without written permission of the individual except as provided for by regulation or law. CONSEQUENCES FOR DRIVERS ENGAGING IN PROIDBITED CONDUCT (a) Removal From Safety-Sensitive Function. Except as provided in federal law, no driver shall perform safety-sensitive functions, including dtiving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law or this policy or an alcohol or controlled substance rule of another Department of TranspOliation agency. (b) Prohibition of Safety-Sensitive Functions. The City shall not pel1nit any driver to perfOlm safety- sensitive functions, including driving a commercial motor vehicle, if the City has determined that the driver has violated federal law. Eff. 11197 10 134 (c) Refusal to Submit. If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the Human Resources Director shall recommend to the City Administrator that the driver be discharged from employment on grounds of insubordination. In the case of a job applicant applying to drive for the City, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. (d) Pre-employment Tests. Job Applicants (including those for promotion). The Human Resources Director will not withdraw an offer of employment or promotion to a driver position made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confhmatory test and in any confllmatory retest (controlled substances only), the Human Resources Director will withdraw the contingent offer of employment or promotion to a driver position if the City detelmines in accordance with the Minnesota Human Rights Act that alcohol or drug usage or abuse prevents the job applicant from performing the safety-sensitive functions of the job in question. :'. (e) Other Tests. The Human Resources Director will not discharge, discipline, discriminate against, or :'.:' request or require rehabilitation of a driver solely on the basis of a positive test result from a .J,', screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confumatory test and in any confrrmatory retest (controlled substances only), the City may do the following: (1) First Positive Test Result. Give the driver an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City through its Employee Assistance Program may determine which program is more appropriate after consultation with a Substance Abuse Professional or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under the driver's own benefit plan. If the driver either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confuTIlatory test after completion of the program, and alcohol and drug abuse prevents the driver from performing the safety-sensitive functions of the job in question, the Human Resources Director will recommend to the City Administrator that the driver be discharged from employment. (2) Second Positive Test Result. Where alcohol or drug abuse prevents the driver from performing the safety-sensitive functions of the job in question, the Human Resources Director will recommend to the City Administrator that the driver be disciplined; including, but not limited to, discharge from employment. The driver, whether discharged or not, will have access to the City's Employee Assistance Program for evaluation and referral in resolving problems with alcohol misuse and controlled substance use. (3) Suspensions and Transfers. Notwithstanding any other provisions herein, the City may temporarily suspend the tested driver with pay for up to 90 days or transfer that driver to another position at the same rate of pay pending the outcome of the confumatory test and, if requested, the confirmatory retest (controlled substances only), provided the City believes that it is reasonably necessary to protect the health or safety of the driver, co-employees, or the public. (4) Other Misconduct. Nothing in this policy limits the right of the City to discipline or discharge a driver on grounds other that a positive test result in a confirmatory test arising from the same or other incident, inCluding, but not limited to a conviction of any criminal drug statute for a violation occun-ing in the workplace. Eft: 11/97 11 135 PENALTIES Criminal penalties shall be as prescribed by 49 V.S.C. Sec 521 (b)(2), which provides that an employee who knowingly and willfully violates the Omnibus Transportation Employee Testing Act while operating a commercial motor vehicle by activities that have led or could have led to death or serious injury is subject to the statutory criminal sanctions. REFERRAL. EVALUATION. AND TREATMENT (a) Resource Advisory. Each driver who engages in conduct prohibited by federal law and this policy shall be advised by the City of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance use professionals and counseling and treatment programs. (b) Evaluation by a Substance Abuse Professional. Each driver who engages in conduct prohibited by federal law and this policy shall be evaluated by a substance abuse professional who shall detennme what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use. (c) Retum-to-Duty Testing and Assistance. (1) Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by a federal law or this policy, the driver shall undergo a return-to-duty alcohol test with the result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved a controlled substance. (2) In addition, each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use: (A) Shall be evaluated by a substance abuse professional to determine that the driver has properly followed any rehabilitation program prescribed under federal law and these rules; and (B) Shall be subject to unannounced follow-up alcohol and controlled substance testing administered by the City following the drivers retum to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional, and consist of at least six (6) tests in the first twelve (12) months following the driver's retum to duty. The City may direct the driver to undergo retum-to-duty and follow-up testing for both alcohol and controlled substances, if the substance abuse professional determines that return-to-duty and follow-up testing for both alcohol and controlled substances is necessary for that particular driver. Any such testing shall be performed in accordance with the requirements of 49 C.F.R. Pmt 40. Follow-up testing shall not exceed sixty (60) months from the date of the driver's return-to-duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first six (6) tests have been administered if the substance abuse professional determines that such testing is no longer necessary. (d) Evaluation and Rehabilitation. Evaluation Will be provided by the City's Employee Assistance Progrmu and paid for by the City. Any recommended pmiicipation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under an employee's benefit plan. Eft'. 11/97 12 136 (e) Conflict of Interest of Substance Abuse Professional. The City shall ensure that a substance abuse professional who determines that a driver requires assistance in resolving problems with alcohol misuse or controlled substance use does not refer the driver to the substance abuse professional's private practice or to a personal organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. Tins paragrap~ does not prohibit a :from referring a driver for assistance provided through a public agency, the City, or a person under contract to provide treatment for alcohol or controlled substance problems under the driver's health insurance program; or the sole source of therapeutically appropriate treatment reasonably accessible to the driver. (f) Inapplicability of Section. The requirements of this section with respect to referral, evaluation, rehabilitation do not apply to applicants who refuse to submit to a pre-employment alcohol or controlled substance test or who have a pre-employment alcohol test with a result indicating an alcohol concentration of 0.04 or greater or a controlled substance test with a verified positive test result. APPEALS PROCEDURE ;~ (a) Concern.i:ll'g disciplinary actions taken pursuant to this City of Farmingt~n Policy implementing the Federal Omnibus Transportation Employee Testing Act and related regulations, available appeal procedures are as follows: (1) Temporary Employees. Temporary employees as defined in the City of Farmington Personnel Policy Manual shall have no right to appeal. (2) Non-Veterans on Probation. An employee who has not completed the probationary period and who is not a veteran has no right of appeal. (3) Non-Veterans After Probation. A regular employee who has completed the probationary period and who is not a veteran has a right to appeal through the grievance procedure either through the appropriate collective bargaining agreement or through the grievance procedure in the personnel policy manual. (4) Veterans. An employee who is a veteran has a right to appeal to the City Administrator a pelmanent demotion (including salary decreases), or a discharge, if the employee submits a notice of appeal within sixty (60) calendar days of the action, regardless of status with respect to the probationary period. An employee who is a veteran may have additional rights under the Veterans Preference Act, Minn. Stat. 197.46. (b) All notices of appeal not covered under a collective bargaining agreement must be submitted through the grievance procedure outlined in the Persoffilel Policy Manual. (c) An employee who is covered by a collective bargaining agreement may elect to seek relief under the terms of that agreement by contacting the appropriate union and initiating the grievance procedure. GOOD FAITH EFFORT The City of Fmmington will malm a continuing good faith effort to maintain a <hug-free workplace through the implementation of the City of Fannington Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations. This policy implementing the Federal Omnibus Transportation Employee Testing Act is based upon final federall'egulations at the time of the adoption of this policy. Any revisions in thefederal rules shall take precedence over this policy to the extent that the policy has not incOlporated the revised rules. Eff. 11197 13 137 CITY OF FARMINGTON NOTIFICATION FORM AND CONSENT FOR CONTROLLED SUBSTANCE AND ALCOHOL TESTING I acknowledge that I have seen and read the City of Fannington Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations. I hereby consent to undergo controlled substance and/or alcohol testing pursuant to said policy, and I authorize a collection of a urine and/or breath sample from me for those purposes. I understand that the procedure employed in this process will ensure the integrity ofthe sample and is designed to comply with medico-legal requirements. I understand that the results of this controlled substance and/or alcohol testing may be discussed with and/or made available to my employer, the City of Farmington. I further understand that the results of this testing may affect my employment status, as described in the policy. Other infonnation relevant to the reliability of, or explanation for, a positive test result (if none, write '.'none"): Signature Witness Date Date I hereby refuse to submit to a drug or alcohol test. I have seen a copy of the City of Farmington Policy hnplementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations and understand that a refusal to submit to testing may subject me to discipline, including, but not limited to, discharge. Signature Witness Date Date DATA PRIVACY NOTICE The information collected pursuant to this policy is to be used to detelwine your eligibility for employment and the performance of celiain safety-sensitive functions. . You are not required to provide the information and submit to the tests, but your failure to do so will result in the City withdrawing a conditional job offer or that you may be discharged from employment, wJlichever may apply. The results ofthe tests performed will be private data and will not be released to other employers, governmental agencies, or persons without written consent of the employee tested, except as provided by regulation and law or pursuant to a court order. Only those individuals with a necessity to perform their functions under this policy will have access to the test results. Eff. 11/97 14 138 ADMINlSTRATIVE POLICY -1.3 DRUG AND ALCOHOL TESTING The City of Farmington recognizes that safety problems are created when employees use or abuse illegal drugs and/or alcohol. The City is concerned about providing a safe workplace for its employees with the goal of attaining and maintaining a drug and alcohol free workplace. Therefore, the City has established the following policy on drugs and alcohol that will confmID to the requirements of State Law set forth in Minnesota Statutes Chapter 181 and the Federal Drug-Free Workplace Act of 1988. In the event that the provisions in this section conflict with the Federal Omnibus Transportation Employee Testing Act, the Federal Act shall prevail. DEFINITIONS: Alcohol: means ethyl alcohol Conlirmatory Test and Confirmatory Retest: means a drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minn. Stat. 181.953 Subd. 1. Drug: means a controlled substance as defmed in Minn. Stat. 152.01, Subd. 4. Drug and Alcohol Testing: "drug or alcohol testing" and "drug and alcohol test" mean analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. 181.953, Subd. 1 for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug Paraphernalia: has the meaning set forth in Minn. Stat. 152.01, Subd 18. Employee: means a person, independent contractor, or person working for an independent contractor who pelfOlIDs services for the City of Farmington for compensation, in whatever fmID. Employer: means the City of Farmington acting through its City Administrator or a designee of the City Administrator. Initial Screening Test: means a drug and/or alcohol test which uses a method of analysis under one of the programs listed in Minn. Stat. 181.953, Subd. 1. Job Applicant: means a person, who applies to become an employee of the City of Famrington, and includes a person who has received ajob offer made contingent on the person passing drug and alcohol testing. Positive Test Result: means a fmding of the presence of drugs, alcohol, or their metabolites in the sample tested in the levels contained in the standards of one of the programs listed in Mum. Stat. 181.953, Subd. 1. Reasonable Suspicion: means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. Safety-Sensitive Position: means a job, including any supervisory or management position, in which an impainnent caused by dmg or alcohol usage yvould threaten the health or safety of any person; all sworn and 1 139 non-sworn personnel, excluding clerical employees, in the Farmington Police Deparbnent are safety-sensitive positions. Under the Influence: means having the presence of a drug or alcohol at or above the level of a positive test result. Valid Medical Reason: means (1) Wlitten prescription, or an oral prescliption reduces to writing, which satisfies the requisites of Minn. Stat. 152.12, and names the employee as the person for whose use it is intended; and (2) the drug was prescribed, administered and dispensed in the course of professional practice by or under the direction and supervision of a licensed doctor, as described in Minn. Stat. 152.12; and (3) the dmg was used in accordance with the terms of the prescription; and (4) over-the-counter medication was used in accordance with the terms of the products directions. CITY RULES: 1) No employee shall be under the influence of any drug or alcohol while the employee is working or while the employee is on City premises or operating City vehicles, machinery, or equipment, except to the extent autho~zed by a valid medical prescription. 2) No employee shall use, possess, manufacture, distribute, dispense, sell or transfer drugs, alcohol or drug paraphernalia while the employee is working or while the employee is on the City's 'premises or operating City vehicles, machinery or equipment, except pursuant to a valid medical prescription or when engaged in approved law enforcement activity. 3) An,employee shall notify the City in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction. The City shall notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. CITY DRUG AWARENESS PROGRAM: The City does provide an Employee Assistance Program to aid and assist City employees who are in need or have been refen'ed for counseling and rehabilitation. Employees are encouraged to utilize, the services of the Employee Assistance Program by contacting: T.E.A.M., Inc., 700 Transfer Road, St. Paul,:MN 55114, (612)642-0182. PERSONS SUBJECT TO TESTING: No person will be tested for dmgs or alcohol under this policy without the person's consent. The City will request or require an individual to undergo drug or alcohol testing only under the cu'cumstances described in this policy. CIRCUMSTANCES FOR DRUG OR ALCOHOL TESTING: 1) Job applicants: Job applicants for regular full-time and part-time positions will be required to undergo dmg and alcohol testing after a job offer has been conditionally made and before commencing employment in the position. 2) Reasonable suspicion testing: The City may request or require an employee to undergo dmg and alcohol testing if there is a reasonable suspicion that the employee: 2 140 a) is under the influence of dmgs or alcohol while the employee is working or while the employee is on the City's premises or operating City vehicles, machinery, or equipment: or b) used, possessed, sold or transferred drugs, alcohol or dmg paraphemalia while the employee is working or while the employee is on City premises or operating City vehicles, machinery, or equipment; or c) has sustained a personal injury as that term is defmed in Minnesota Stat. 176.011, Subd. 16, or has caused another person to die or sustain a personal injury; or d) has caused a wOl'k-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident resulting in total property damage exceeding $1,000; or e) has discharged a firearm other than (a) on a target range, or (b) while conducting authOlized ballistics tests, or (c.) as authorized by the Farmington Police Department. -. 3) Other Testing: The City may permit an employee who has requested a dmg and alcohol test to undergo testing in accordance with the procedUl'es established by this policy or by State or Federal Law. 4) Treatment Program Testing: The City may request or require an employee to undergo dmg and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be requested or required to undergo dmg or alcohol testing without prior notice during the evaluation or treatment period of up to two (2) years following completion of any prescribed chemical dependency treatment program. REFUSAL TO UNDERGO TESTING: 1) Job applicants: If a job applicant refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. 2) Employees: If any employee refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the Human Resources Director shall recommend to the City Administrator that the employee be discharged from employment on the grounds of insubordination. 3) Refusal on religious grounds: No employee or job applicant who refuses to undergo drug or alcohol testing of a blood sample upon religious grounds shall be deemed to have refused unless the employee or job applicant also refuses to undergo dmg or alcohol testing of a urine sample. PROCEDURE FOR TESTING: 1) Notification form: Before requesting an employee or job applicant to undergo dmg or alcohol testing, the City shall provide the individual with a form on which to (1) acknowledge that the individual has seen a copy of the City of Farmington drug and alcohol testing policy, and (2) indicate consent to undergo the dmg and alcohol testing. 3 141 I 2) Test sample: The test sample shall be obtained in a private setting, and the procedures for taking the sample shall ensure privacy to employees and job applicants to the extent practicable, consistent with preventing tampering with the sample, and may include a witness. No test sample shall be taken on the City's premises and the test sample shall not be taken by the City of Farmington employees. 3) Identification of samples: Each sample shall be sealed into a suitable container free of any contamination that could affect test results. The sample shall be identified for processing by the licensed testing laboratory. 4) Chain-of-custody: The City shall use a testing laboratory which has established reliable chain-of-custody procedures to ensure proper recordkeeping, handling, labeling, and identification of the samples to be tested. The procedures must require the following: a) possession of a sample must be traceable to the employee from whom the sample is collected, from the time the sample is collected through the time the sample is delivered to the laboratory; b) the sample must always be in the possession of, must always be in view of, or must be placed in a secured area by a person authorized to handle the sample. - c) a sample must be accompanied by a written chain-of-custody record; and d) individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transfen'ed and must sign and date the chain-of-custody record at the time of transfer. 5) Laboratory: All drug and alcohol testing shall use the services of a testing laboratory licensed by the Commissioner of Minnesota's Department of Health or qualifying under the transitional laboratory requirements set forth in Minn. Stat., however, no test shall be conducted by a testing laboratory owned and operated by the City of Fanning ton. 6) Retention and storage: All samples that produced a positive test result shall be retained and properly stored for at least six (6) months. 7) Test report: The testing laboratory shall prepare a Wlitten report indicating the mugs, alcohol, or their metabolites tested for and whether the test produced negative or positive results. The testing laboratory shall disclose that report to the City within three (3) working days after obtaining the final test results. 8) Notice of test results: Within three (3) working days after receipt of the test result report from the testing laboratory, the City shall inform an employee or job applicant who has undergone drug or alcohol testing in writing of a negative test result on an initial screening test or of a negative or positive test result on a confllmatory test. The City shall also inform an employee or job applicant of the following rights pursuant to Minnesota Stat. 181.953: a) The right to request and receive from the City a copy of the test result report. b) The light to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employee's or job applicant's own expense. If a confirmatory retest is conducted in accordance with Minn. Stat. 181.953, Subd. 1 by a licensed laboratory at the same threshold detection levels as used in the confirmatory test, and the confirmatory retest does not 4 142 result in a positive test result, the City shall reimburse the employee or job applicant the actual cost of the confirmatory retest in an amount not to exceed $100.00. c) The right to submit infonnation to the City within three (3) working days after a notice of a positive test result to explain that result including disclosure of prescription and/or over-the-counter medications the individual is cUlTently taken or has recently taken. d) The right of an employee for whom a positive test result on a confirmatory test was the first such result on a drug or alcohol test requested by the City not to be discharged unless the City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program. Participation in a counseling or rehabilitation program will be at the employee's own expense or pursuant to coverage under an employee's benefit plan. The City may determine which type of program is more appropriate for the employee after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. The employee may be discharged if he/she has either refused to participate in the counseling or rehabilitation program, or has failed to successfully complete the program. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence that the employee failed to successfully complete the program. e) The right to be reinstated 'with back pay if the outcome of the confirmatory test or requested confumatory retest is negative. f) The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the City concerning the reliability of, or explanation for, a positive test result unless the employee or job applicant was under.an affllmative duty to provide the infOlmation before, upon, or after hire. g) TIle right to access the info~mation in the employee's personnel file relating to positive test result reports and other infOlmation acquired in the drug and alcohol testing process including conclusions drawn fl.-om and actions taken based on the reports or other acquired infOlmation. h) The right of an employee or job applicant, who has received a job offer made contingent on the applicant passing drug and alcohol testing, to not have the offer withdrawn based on a positive test result fl.-om an initial screening test that has not been verified by the confirmatory test. ACTION AFTER TEST: 1) Job applicants: The Human Resources Director will not withdraw an offer of employment made contingent" on the job applicant passing chug and alcohol testing based on a positive test result from an initial screening that has not been verified by a confirmatory test. Where there has been a positive test result in a confinnatory test and in any cOlmnnatory retest, the Human Resources Du'ector will withdraw the contingent offer of employment if the City determines in accordance with the Minnesota Human Rights Acts that alcohol or drug abuse or usage: (1) prevents the job applicant from performing the essential functions of the job in questions; or (2) constitutes a direct threat to property or the safety of others; or (3) otherwise constitutes a bona fide occupational qualification. 5 143 2) Employees: The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a conflrmat01Y test and in any confIrmatory retest, the City may do the following: a) First Positive Test Result: Give the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The city through its Employee Assistance Program may determine which program is more appropriate after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency, Participation in a counseling 01' rehabilitation program will be at the employee's own expense 01' pursuant to coverage under the employee's own benefit plan. If the employee refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program and alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the Human Resources Director will. recommend to the City Administrator that the .\. employee be discharged from employment. b) Second Positive Test Result: Where alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the Human Resources Director will recommend to the City Administrator that the employee be discharged from employment. c) Suspensions and transfers: Notwithstanding any other provisions herein, the City may temporarily suspend the tested employee with pay for up to ninety (90) days or transfer that employee to another position (if available) at the same rate of pay pending the outcome of the confinnatory test and, if requested, the confirmatory retest, provided the City believes that it is reasonably necessaty to protect the health or safety of the employee, co-employees, or the public. d) Other misconduct: Nothing in this policy limits the right of the City to discipline or dischat'ge an employee on grounds other than a positive test result in a confirmatory test, including conviction of any criminal drug statute for a violation occurring in the workplace. DATE PRIVACY The City will not disclose the test result reports and other inf01mation acquired in the drug or alcohol testing process to another employer or to a third party individual, governmental agency, or private organization without the written consent of the employee tested, unless permitted by law or court order. RIGHTSOFEMFLOYEES An. employee has a right to offer the City a written explanation of a positive test result on a confmnatOlY test within three (3) working days after notice of the positive test result, and has a right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at another licensed testing laboratOlY at the employee's or job applicant's own expense. APPEALS PROCEDURE 6 144 1) Concerning disciplinary actions taken pursuant to tIus drug and alcohol testing policy, available appeal procedures are as follows: . a) Temporary employees as defined by the City of Farmington shall have no rights of appeal. b) Non veterans on probation: An employee who has not completed the probationary period and who is not a veteran has no right of appeal. c) Non veterans after probation: A regular employee who has completed the probationary peliod and who is not a veteran has a right to appeal to the City Administrator no later than fifteen (15) calendar days of the action, or the employee may utilize the grievance procedure included in the applicable collective bargaining agreement. d) Veterans: An employee who is a veteran has a right to appeal to the City Administrator a permanent demotion (including salary decreases), or a discharge, if the employee submits a notice of appeal within siXty (60) calendar days of the action, regardless of status with respect to the probationary period. An employee who is a veteran may have additional rights under the Veterans Preference Act, Mirmesota Stat. 197.46. 2) All notices of appeal not covered under a collective bargaining agreement must be submitted in writing to the Human Resources Director, City, Hall, 325 Oak Street, Farmington, MN, which shall provide an appropliate hearing. 3) An employee who is covered by a collective bargauung agreement may elect to seek relief under the terms of that agreement by contactulg the appropriate union and initiating grievance procedures in lieu of taking an appeal to the City Administrator. GOOD FAITH EFFORT The City of Farmington will make a continuing good faith effort to maintain a drug-free workplace through the implementation of its Drug and Alcohol Testing Policy.. I Rev. 2/98 7 145 CITY OF FARMINGTON NOTIFICATION FORM AND CONSENT FOR DRUG AND ALCOHOL TESTING I acknowledge that I have seen and read the City of Farmington Drug and Alcohol Testing Policy. I hereby consent to undergo drug and/or alcohol testing pursuant to said policy, and I authorize a collection of a urine, blood and/or breath sample from me for those purposes. I understand that the procedure employed in this process will ensure the integrity of the sample and is designed to comply with medicolegal requirements. I understand that the results of this drug and alcohol testing may be discussed with and/or made available to my employer, the City of Fal1nington. I further understand that the results of tIus testing may affect my employment status, as described in the policy. Other information relevant to the reliability of, or explanation for, a positive test result (if none, write "none"): Signature Date Witness Date I hereby refuse to submit to a drug or alcohol test. I have seen a copy of the Drug and Alcohol Testing Policy of the City and understand that a refusal to submit to testing may subject me to discipline including, but not limited to, discharge. Signature Date Witness Date DATA PRIVACY NOTICE The information collected pursuant to this Policy is to be used to determine your eligibility for employment and the performance of certain safety sensitive functions. You are not required to provide the information and submit to the tests, but your failure to do so will result in the City not considering your application for employment, withdrawing a conditional job offer made, or recommending that you be discharged from employment, whichever may apply. The results of the tests pelformed will be private data and will not be released to other employers, governmental agencies, or persons without written consent of the employee tested, except as provided by regulation and law or pursuant to a cOlllt order. Only those individuals with a necessity to perform their functions under this policy will have access to the test results. 8 146 ADMINISTRATIVE POLICY 1.1 JOB POSTING AND RECRUITMENT Job Posting: Position vacancies for regular full-time and regular pmt-time positions will be posted on the City bulletin boards in City Hall for at least five (5) working days prior to filling the vacancy. The posting will specify title; the natw'e of the work to be perfonned; how to apply; the closing date for receiving applications; and any other pertinent information. Recruitment: The Human Resources Depmtment manages the recruitment process for all regular full-time and p81t-time positions and seasonal positions to ensure compliance with state and federal laws as well as City of Fmmington personnel practices. This includes approving all job postings, advertisements, placing of job advertisements; addendum's to the application and other recruitment materials. The Human Resources Director or designee will meet with the appropriate supervisor(s) and/or Depm1ment Director to detelmine the best methods for recruiting. When the City recruits a position externally, the position will be advertised in selected newspapers,. periodicals, and newsletters. All externally advertised positions will be advertised in the City's legal newspaper and be placed on ~e City's website. In addition, the City will send notices of job openings to professional associations or trade journals, when applicable. All adveltisements will include job title, the nature of work to be performed, how to apply, the closing date for receiving applications, and any other pertinent information. All advertisements will include the statement "EOE" which conveys the City's commitment to equal employment opportunity. Promoting from Within: The City encourages promotion from within existing employee ranks whenever possible. Promotional opportunities when offered to existing employees will be on a competitive basis, TIus does not preclude the City fl:om recruitment mId/or selection of applicants outside the City of Fannington, This policy is not a waiver of job relevant qualifications for the position, nor is it a guarantee of promotion to existing employees. The City has the right to make the final hiring decision based on qualifications, abilities, experience, and City needs. Transfers from Within: Occasionally an employee will apply to transfer to a vacant position. Transfers, like promotions m'e offered to regular employees on a competitive basis. This does not preclude the City fl.-om recruitment mId/or selection of applicants outside the City of Fmm1ngton. This policy is not a waiver of job relevant qualifications for the position, nor is it a guarantee of transfer to existing employees. The City has the right to make the fmal hiring decision based on qualifications, abilities, experience, and City needs. Eff. 2/98, revised 2/03 147 I Application Forms: Applicants must complete the City Application for Employment form and return it to the Human Resources Office. Each application must be completed and signed by the person applying (reasonable accommodation will be made). Applicants may be required to submit certificates from educational and training institutions, military discharge information, physical ability information, and reasonable proof of any statements made on the application. Unsolicited applications will be kept on file for a period of six (6) months. Equal Employment Opportunity: All posting and recruitment will comply with the City's policy on Equal Employment Opportunity. Eft: 2/98, revised 2/03 148 ADMINISTRATIVE POLICY - 1.2 EMPLOYEE SELECTION AND BACKGROUND CHECKS The City of Farmington selects the best qualified person for each available position from among applicants who have proper qualifications. Evaluation of qualifications is based solely on job- related criteria. In no case is selection based on race, color, sexual orientation, gender, marital status, political affiliation or any other factor not related to the duties and responsibilities of the position. Selection: The Human Resources Director manages the selection process to assure compliance with state and federal laws as well as City of Farmington personnel practices. This includes reviewing applications, approving training and experience rating forms, reviewing interview questions, Wli.tten exercises and any other selection process pli.or to its being used. The Human Resources Director will meet with the appropriate supervisor(s) and/or Department.Director(s) to determine the best selection process f01~ open positions. Examples of Selection procedures may include but are not limited to: . An evaluation of knowledge, skills and abilities listed on the Application for Employment and any addendum, resume or other submitted material . Structured interviews . Written response to questions . Written examinations . Role plays and/or presentations . Physical agility examinations . Reference checks and discussion with fonner employers . Managedal profiles . Medical examinations, driver's license checks, and background checks Disqualification of Applications: The Human Resources Director, Supervisor, and/or Department Director may disqualify any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications shall also be disqualified after they have been on file for six (6) months. Additionally, applications will be disqualified at any time if the applicant fails to appear at the place and time for an interview or examination. False Information: Any applicant who gives false or misleading information on an application form, cheats on an examination, or falsifies a statement, certificate, or evaluation will not be considered for employment. Fraud or attempts to commit fraud will be cause for the City to refuse to hire an applicant. Effective 2/98 149 1 Reference Checks: The City conducts reference checks prior to making ajob offer for all regular employees. This may include inquiries into all statements contained on the application for employment or made during the selection process, including, but not limited to: 1. Former employers for information concerning employment, ability, experience, and behavior on the job. 2. Records maintained by an education institution relating to academic performance such as transcripts. Bacl~round Checks: The City conducts background checks at the finalist stage or after a conditional job offer has been made for all positions. This may involve a computerized history check through the State of Minnesota or Dakota County to insure there are no relevant felony, gross misdemeanor, or misdemeanor convictions, a warrant check to insure there are no warrants for arrest, and a driver's license check to insure that the applicant has a valid driver's license and the status of their driving record (if applicable). If something in the applicant's background makes them ineligible for employment, the City will withdraw the job offer at that time. Background checks are conducted by the Police Depw.1ment. Selection Decision: The City shall make hi1ing decisions based on qualifications, job lmowledge, abilities, experience, and City needs. Offers of conditional employment shall be made by the Human Resources Director, with the terms of employment made in writing to the candidate including rate of compensation, effective date of hire, job title, probationary requirement, notice of drug and alcohol testing, etc. The Human Resources Director shall make a recommendation of hiring to the City Administrator. Upon the Administrator's review and approval, an administrative recommendation will be forwarded to the City Council for ratification ofthe appointment. Veteran's Preference: The City complies with veteran's preference requirements in its selection procedures in accordance with State and Federal Statutes. Personal Action Form: An approved employment decision is submitted to the Human Resources Director on a Personnel Action Form (PAF), signed by the appropriate depw.1ment director. The PAF provides the Human Resources Director with authority to enroll the new employee in benefit programs and issue pay checks. Contacting Unsuccessful applicants: The City will attempt to notify every applicant of the employment decision. This will be done through the Human Resources Office. Effective 2/98 150 2 ADMINISTRATIVE POLICY 1.3 NEW EMPLOYEE ORIENTATION New employees are provided orientation and training covering job duties, pay, benefits, safety, personnel policies, and department work procedures. Orientation is essential for assuring that new employees fully understand what is required of them and what they can expect as a City employee. Orientation: On the first day of employment, new employees will meet with Human Resources to: 1. Fill out all new hire forms 2. Learn about and emoll in benefit programs 3. Review administrative policies 4. Be provided with other information pertinent to employment with the City. The immediate supervisor will be responsible for introducing all new employees to their department. TIns includes: 1. Tour of department and introductions 2. Discussingjob duties, expectations and work rules 3. Showing work areas 4. Demonstrating equipment 5. Reviewing safety procedures 6. Discussing work hours, breaks and lunch 7. Discussing procedures for requesting time off 8. RepOliing absences and tardiness 9. Telephone procedures 10. Time sheets 11. Parking 12. Other information important to the employee Revised 2/03 151 ADMINISTRATIVE POLICY 1.4 PROBATIONARY PERIOD The probationary period is regarded as an integral part of the hiring process and is used for evaluating an employee's work pelfomlance, allowing the employee to adjust to a new position, and for dismissing any employee who is not capable of meeting minimum pelformance standards. The City requires all regular employees to serve a probationary period of employment whether it is for a new position, a promotion, a transfer, or a demotion. During this tnne, employees have the opportunity to show then' ability to meet the standards of work pelformance while they get to know the job and co-workers. Length of Probation: All newly hired or promoted regular, full-time employees will serve a six (6) month probationary period., with the exception of police officers who shall serve a one (1) year probationary period. All newly hired or promoted regular part-time employees shall serve a probationary pedod equal to one thousand, forty (1040) hours. Probation for an individual employee may be extended up to an additional six (6) months by the City Administrator upon recommendation by the Department Director and the Human Resources Director. In addition, probationm:y periods may be extended by.absences from work such as an unpaid leave of absence. Completion of Probation: Employee performance is evaluated throughout the probationary period. Informal discussions and a formal performance evaluation al'e scheduled to reinforce good pelfOlmance and discuss areas that need improvement. Prior to completion of the probationary period, the supervisor and/or department director must review the pelformance of the probationary employee and the Human Resources Director of then' recommendation to retain or dismiss an employee. The employee will automatically become a regular employee if no recommendation to the contrary is submitted. A performance evaluation is done upon completion of an employee's probationaty period and a Personnel Action Notice submitted to Human Resources, confirmhlg the successful completion of the probationaty period and change in status, with copies to the employee and the employee's personnel file. Termination during Probation: If it becomes apparent that an employee is not capable of meeting minimum perfonnance standards, employment may be terminated prior to the end of the probationaty period at the discretion of the City. If an employee is unable to meet the minimum perfOlmance standards, the supervisors should consult the Humatl Resources Dn'ector as soon as possible regarding termination procedures. Eff. 4/07 152 ADMINISTRATIVE POLICY 2.5 EMPLOYEE CONDUCT It is important for all employees to work together and behave in a manner that promotes the efficient operation of the City and ensures a safe, harassment free and pleasant work environment. Behavior that SUppOltS this philosophy includes, but is not limited to: . Being at the work station ready to work at the start of the scheduled shift. . Notifying the supervisor when absent from work or unable to report to work on time. . Following all City safety and health regulations. . Treating all customers, co-workers and visitors with an efficient, pleasant, service-oriented attitude. . Refraining from offensive or undesirable behavior. Behavior that does not promote an efficient, pleasant, harassment-free work environment is prohibited and may .result in disciplinary action up to and including dismissal fl.'om City employment and may be prosecuted to the full extent allowed by law. The following examples of inappropriate behavior are intended to provide employees with some general insights into behaviors that the City considers unacceptable in the workplace: . Theft or unauthorized removal of possessions of City property. . Falsification of timekeeping or other City records. . Working under the influence of alcohol or illegal drugs. . Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, while on City premises or while operating employer-owned vehicles or equipment. . Fighting or threatening violence in the workplace. . Any type of physical or verbal abuse including sabotaging another's work. . Maldng malicious, false and/or harmful statements about others. . Publically disclosing another's private or confidential inf01111ation . Negligence or improper conduct leading to damage or loss of employer-owned or customer-owned property. . hlsubordination or other disrespectful conduct. . Violation of health or safety rules. . Sexual or other unlawful or inappropriate behaviors including comments or remarks that contributes to a hostile work environment. . Possession of dangerous or unauthorized weapons in the workplace. . Unauthorized use of employer-owned facilities and/or equipment including phones, mail, inte1'l1et and email. . Conduct in private life that brings disci'edit upon the municipal service. . hlefficiency or incompetence in the peifonnance of job duties. 153 ADMINISTRATIVE POLICY - 1.7 DISCIPLINE A City of Farmington requu'es standards of conduct and behaviors which best ensure that the citizens of Fannington will receive quality, cost effective, and responsive local government services. Whenever the work habits, productivity, or personal conduct of an employee falls below a desirable standard, the supervisor should speak to the employee at the time the offending behavior is observed, and communicate the types of actions necessary to correct any deficiencies. The objective of this policy is to .establish a standard disciplinary process for all employees of the City of Farmington. City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required, including observance of work rules, standards of conduct and applicable City policies. Human Resources Director: The Human Resources Director should be used as a resource for any disciplinary action and should be contacted by the supervisor and department director prior to implementing any discipline. Equal Opportunity Employment: Discipline may not result in discrimination based on race, color, creed, religion, national origin, sex, marital status, sexual orientation or identity, disability, age, status with regard to public assistance or veteran status. Process: The City may elect to use progressive discipline with any employee. There may be circumstances that wan'ant deviation from the suggested order or where progressive discipline is not appropdate. Nothing in these personnel policies implies that any City employee has a property right to the job he/she performs. Examples of conduct warranting discipline includes, but is not limited to, the following: 1. Incompetence, inefficiency, or gross neglect in the perfOlmance of duties. 2. Sleeping or inattention on the job. 3. Dishonesty in the performance of duties. 4. Carelessness and/or negligence in the handling or control of municipal property or property entrusted to the employee of the City. 5. Theft or intentional destruction of City property or another employee's property. 6. Failure to comply with safety rules, regulations and/or City safety procedures. 7. Deliberate or careless conduct endangering the safety of other employees. 8. Making threats or violence against a co-worker (including the provoking of or instigating a fight during working tune or on the City premises). 9. Possession of fireanns or other weapons in a City vehicle or while on the employer's premises, except for swom police officers or other City employees acting within the scope of their employment. 10. Sexual harassment or other offensive behavior. 11. Chronic Absenteeism. Eff. 1/08 155 12. Providing false or misleading information on an application form, cheating on an examination, falsifying a statement, certificate or evaluation. 13. Intentional falsification of personnel records, time sheets or other City records or reports. 14. Violation of or fi.'aud regarding the provisions of the Administrative Policies. 15. Soliciting political contributions :fl.'om municipal employees, and engaging in political activities on or with City property and/or on City time. 16. Conduct impairing the efficiency of the City. 17. Conviction of a criminal offense. 18. Violation of any lawful or official work lUle, regulation or City ordinance. 19. Immoral or indecent conduct while on duty. 20. Actions, conduct or behaviors in personal life which negatively impact the employee's ability to perform the essential functions of his/her job responsibility, i.e. loss of vehicle license which prevents the employee from performing essential duty functions. 21. Reporting for work and/or working while under the influence of alcohol, drugs, or other controlled substance; and/or any violations ofthe DlUg & Alcohol Testing Policy. 22. The use of offensive conduct or language toward the public, municipal officers, or employees. 23. Inducing or attempting to induce a person, officer or employee of the City to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order. 24. Failure to report to work, refusal to work as assigned and directed, or other insubordination, unless such instlUctions are injurious to the employee's safety or health. 25. Acceptance of a gift under circumstances from which it could be infen-ed that the giver expected or hoped for prefen-ed or favorable treatment in the conduct of City business. 26. Unapproved use of paid work time, facilities, equipment, and/or City vehicles in outside employment or for personal benefit or gain. 27. Other incidents which violate any work rules, standard of conduct, City policy or local, state or federal law . Discipline Steps: The following are descriptions of the types of disciplinary action. Verbal Warning: This measure will be used where informal discussions with the employee's supervisor have not resolved the matter. All supervisors have the authority to impose verbal wal11ings. A verbal warning should include the following: 1. An explanation of the nature of the violation and the behavior or results expected. 2. The consequences of a repeat violation pr continuing inappropriate behavior. 3. The employee's response to the verbal reprimand. 4. A record of the conversation must be made by the supervisor for future reference. A copy of the Record of Verbal Warning must be completed for each warning given. 5. FOlward the completed Record of Verbal Warning form to the Human Resources Director. Written Reprimand: A written reprimand is more serious and may follow a verbal reprimand when the problem is not corrected or the behavior has not consistently improved in a reasonable period of time. Supervisors, in Eff. 1/08 156 consultation with the department director, have the authority to impose written reprimands, A written reprimand must include the following: 1. A written memo to the employee from the supervisor explaining: . The nature of the violation and the behavior or results now expected. . The previous verbal warning, if one was given. . The consequences of a repeat violation or continuing inappropriate behavior. 2. The employee should sign a photocopy of the wdtten reprhnand acknowledging that they have received the original copy. This does not mean that the employee agrees with the reprimand, only that they have received it. 3. The employee's written response to the written reprimand (if any). 4. Forward the signed written reprimand to Human Resources to be placed i.n the employee's personnel file. Suspension: ",. The City Ad111i~!strator, or the department director with the conCUlTence of the City Administrator and Human Resource Dh'ector, may suspend an employee with or without pay. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans. Qualified veterans will not be suspended without pay in conjunction with termination. A suspension must include the following: 1. A written memo to the employee either prior to the suspension or shortly thereafter from the depmirnent head or City Administrator explaining: . The nature of the violation and the behavior or results now expected. . The previous steps of discipline, if any. . The effective time oftlle suspension. . Procedures upon returning to work. . The consequences of a repeat violation or continuing inappropriate behavior. 2. The employee should sign a photocopy of the suspension notice acknowledging that they have received the original copy. This does not mean that the employee agrees with the suspension, only that they have received the notice. 3. The employee's written response to the suspension (if any). 4. Forward the signed photocopy of the suspension notice to the Human Resources Director. Termination: The City Administrator, upon review of past disciplinary action taken, if any, and in consultation with the Department Director and the Human Resources Director, may recommend termination of an employee subject to ratification by the City Council. A termination should include the following: 1. A written memo explahnng: . The nature of the violation. . The summary of all the previous steps of discipline, if any. . The effective date of the dischm'ge. . Procedures for termination, including the exit interview. Eff. 1/08 157 2. The employee should sign a photocopy of the termination notice acknowledging that they have received the original copy. This does not mean that the employee agrees with the termination, only that they have received the notice. In the event the notice is mailed to the employee, a signed acknowledgment is unnecessary. 3. The employee's written response to the termination (if any). 4. An explanation of the City's "Hearing" procedw'e (see below). 5. FOlward the signed photocopy of the telmination notice to the Human Resources Director. 6. Complete a "Personnel Action FOlm" authorizing termination of the employee. Other Disciplinary Action: The City Administrator, or the department director with the conCWTence of the City Administrator and the Human Resources Director, may use some other fOlm of discipline action such as involuntary demotion, forced transfer to a comparable position 01' withholding a salary increase in lieu of a suspension or termination. Other disciplinary action notices should include the following: 1. A written memo explaining: · The nature of the violation. · The swmnary of all the previous steps of discipline (if any). · The effective date of the action. · The consequences of a repeat violation or continuing inappropriate behavior. 2. The employee should sign a photocopy of the notice acknowledging that they have received the original copy. This does not mean that the employee agrees with the disciplinary action, only that they have received the notice. 3. The employee's written response to the disciplinary action (if any). 4. An explanation of the City's "Pre-termination Hearing (Loudermill)" procedure (see below). 5. Forward the signed photocopy of the disciplinary action notice to the Human Resources Director. 6. In the event of a demotion or forced transfer, complete a Personnel Action Form authorizing the action. Demotions and transfers are required to complete a probational'y period. For additional information on probationary periods, see the Probationary Policy. Exceptions to Procedures: In some instances all of the steps listed above may not be praotical and are not required to be included in the process. The City reserves the right to make exceptions to these procedures. Hearing: After receiving notice of suspension, recommendation of telmination, or other disciplinary action (excluding oral warnings), an employee has the right to request a hearing before the City Administrator. The employee must request the hearing within five (5) working days after receiving the disciplinary notice. The disciplinary action may take place prior to the employee requesting a hearing. Following the hearing, the City Administrator will prepare a written decision which will be mailed or given to the employee (depending on the circumstances). The City Administrator's decision, with the exception of a recommendation of termination action which is subject to final ratification by the City Council, will be the final decision of the City. Eff. 1/08 158 Grievances: The employee has the right to file a grievance in accordance with City policy or Collective Bargaining Agreement. Responsibility for Documentation: Documenting each step of the progressive disciplinary process is the supervisor's responsibility. Files should be accurate and up-to-date. The Human Resources Director shall oversee the administration of the disciplinary process and shall be consulted by the supervisor to ensure compliance with the disciplinary process. Eff. 1/08 159 CITY OF FARMINGTON RECORD OF ORAL WARNING Name of Employee: Job Title: 1. Nature of Infi:action 2. Specific Rule Violated 3. Date of Infi:action 4. Date of Oral Warning 5. Were the rules/expectations previously communicated to the employee? When? 6. Did the employee understand the rules/expectations? 7. What correct behavior/necessary results have you now requested of the employee? 8. What will be the consequences of repeat violations ofunremedied deficiencies? 9. What is the employee's response/explanation? 10. Did you explain the City's grievance procedure to the employee? Supervisors Signature Job Title Department Director Signature F011'vard this completed/orm to Human Resow'ces Eff. 1/08 160 CITY OF FARMINGTON GUIDELINES FOR WRITTEN REPRIMAND Every Letter of Written Reprimand should contain the following information: Name of the Employee Job Title Nature of the InD:action Specific Rule Violated Date of Infraction Date of Written Rep11mand If tins is a continuation of previous deficiencies, provide the dates of previous infractions. Explanation as to why the violation or deficiency is unacceptable Date(s) of previous oral warnings or other discipline, ifany. Information on how to improve performance/conduct Supervis9r's Signature and Job Title Departmeht Director Signature and Date Employees Signature Date of Employee's signature Eff. 1/08 161 Tl:rl.spolicy has been eliminated baSed, on the advice of the City '::'..r:,,;.<'-:. . ' Attorney. ADMINISTRATIVE POLICY - 1.6 GRIEVANCES TIns policy hereby establishes a uniform procedure for allnonorganized employees for resolving grievances, consistent with Minnesota Statutes. When an employee is aggrieved witll wage, hours, or conditions of employment and such grievance is not controlled by Federal law, Statute, or collective bargaining agreement, the following process shall be used as a means of fonnally resolving any outstanding issues. Information concerning an employee grievance will be handled as discretely as possible. The grievance will be discussed with only those individuals involved in processing the grievance. 1) Grievance Initiation. The employee shall submit his/her grievance in writing to the immediate supervisor, with copies to the Department Head and the Human Resources Director within twenty-one (21) calendar days after such alleged violation has OCCUlTed. If the employee's grievance concerns the immediate supervisor, the employee shall be pelmitted to discuss the problem with the Department Head or the Human Resources Director. The grievance shall be dated, shall state the nature of the grievance, the date the grievance occurred, and identify how the employee feels the grievance can be resolved in a satisfactory manner. Within five (5) working days after the date of the grievance submittal, the supervisor shall hold a preliminary meeting with the employee to discuss the grievance. The date of such meeting shall be documented by the supervisor. 2) Step 1 Decision. Within five (5) working days of the preliminary meeting, the immediate supervisor and the Human Resources Director shall confer to discuss the grievance. A Step 1 Decision shall be issued by the immediate supervisor to the employee, with copies to the Department Head and the Human Resources Director. If the immediate supervisor does not respond with a Step 1 Decision within the time allowed, the grievance shall automatically proceed to a Step 2 Decision. If the employee does not respond to the Step 1 Decision within five (5) working days, the grievance shall be deemed to be resolved and closed. 3) Step 1 Appeal. The employee may appeal the Step 1 Decision in writing to his/her Department Head within five (5) working days after receiving the decision. Within five (5) working days after receiving such appeal, the Department Head shall meet with the immediate supervisor, the Human Resources Director, and the employee to consider the grievance. 4) Step 2 Decision. Within five (5) working days of the Step 1 Appeal meeting, the Department Head, in consultation with the Human Resources Director, shall issue a Step 2 Decision to the employee in response to the Step 1 Appeal, with copies to the City Administrator and the Human Resources Director. If a Step 1 Decision was not given by the immediate supervisor, a Step 2 Decision will be provided to the Eff. 10/97 163 employee within 20 working days of the preliminary meeting date held between the immediate supervisor and the grievant. . 5) Step 2 Appeal. The employee may, within five (5) worldng days, appeal tile Step 2 Decision in writing to the City Administrator. Copies of the Step 2 Appeal shall be sent to the Department Head, and the Human Resources Director. The employee's appeal shall identify issues of concern that, up to this point, have still not been addressed or been satisfactorily resolved. Within five (5) working days of receipt of the employee's appeal, a Management Grievance Conference shall be convened by the City Administrator. The Administrator, Department Head, and the Human Resources Director shall meet to discuss and review the grievance. Within five (5) working days after tins meeting, the City Administrator and Human Resources Director shall meet with the employee to consider the grievance. 6) Step 3 Decision. Within five (5) working days from this meeting, the City Administrator shall issue a Step 3 Decision in response to the employee's grievance. This decision cannot be appealed intemally. 7) Step 4 Arbitration Process. If the matter remains unresolved at this point, the employee shall have seven (7) calendar days after the Step 3 Decision to file in writing to the City Administrator his/her intention to submit the matter to arbitration. The employee shall designate Ol1e arbitrator, the City Administrator shall designate one, and the third shall be designated by the two previously designated. All reasonable and customary costs incUlTed by the three arbitrators within the twin cities metropolitan area shall be shared equally between the City and the employee. By mutual agreement, the employee and the City Administrator may request the State Bureau of Mediation Services to appoint a single arbitrator to heal' the case. The arbitrator's decision will be final and binding on all parties. 8) City Representation. The City Administrator shall authorize the method of City representation at all Arbitration Hearings. Decisions on grievances will not be precedent setting or binding on future gdevances. Whenever possible, the decisions will be retroactive to the date of the employee's official complaint. Inquiries by management personnel on appropriate management/labor relations practices, contract grievance procedure administration, and/or general human resources practices within their department shall first be directed to the Human Resources Director prior to outside consultation. Management of this grievance process shall be administered by the Human Resources Director. If at any point in tins process, the glievance is not taken to the next step by the employee within the specified time frame, it shall be deemed waived, and satisfactorily resolved. Eff. 10/97 164 ADMINISTRATIVE POLICY 06 CREDIT CARD USE Puruose To establish the policy and procedure for purchasing goods and services using a credit card issued in the City's name consistent with the authOlity and restrictions specified in state law (M.S. 471.382). Guidelines The City credit card is intended for purchases needed for City operations. Efficiencies gained tlrrough the use of credit cards are: . Less time required at the point of sale with retailel's. . Purchases may be made over the intemet, resulting in lower costs. . Reservations can be made and held with travel and hospitality vendors. . The total nUlnber of checks written is reduced. The Finance Director will determine which personnel will be assigned credit cards. Credit cards will be issued only when it is clear that tIley will create efficiencies in the normal purchasing process. Each card issued will bear the name of the City of Farmington and the individual cardholder. The employee whose name is on the card is the only one authorized to use that card. The City credit card (not a personal card) should be used for any City business requiring the use of a credit card. It is the responsibility of the individual cardholder to: 1. Ensure that no one else uses the card. 2. Ensure that the card is used only for legitimate City business expenditures in accordance with the cardholder's job duties. Personal charges incurred as a part of travel costs can be included and later reimbursed to the City. 3. InsUl'e that City pUl'chasing guidelines with respect to quotations and bids are followed. 4. Maintain all supporting documentation associated with credit card purchases (receipts, confirmations, purchase orders etc.) with expenditures properly coded and approved by the department. Deliver such documentation to the Finance Department - Accounts payable as soon as feasible, but no later than the 15th of the month. Documentation must be available to match to the credit card statement for the appropriate month. 5. Contact the Finance Department (or tile Credit card company during off hours) immediately, ifthe card is lost or stolen. 6. Any personal charges on the card eitIler made inadvertently or as part of travel expenses must be reimbursed to the City at the time the documentation is submitted to the Finance department. Eff. 6/03 165 Credit limits will be established by the Finance Director for each cardholder on an individual basis and will be programmed into the card. Cash withdrawals WILL NOT be allowed with the cards. The employee shall be personally responsible financially for any improper or unauthOl1zed use of the credit card, as specified in Minnesota Statutes 471.382. Administration The Finance department will administer the issuance of cards and compliance with the above policies and procedures. Policy violations will result in the cancellation of an individual card. Intentional or negligent misuse of a City credit card will be subject to disciplinary action, up to and including dismissal and/or garnishment of wages if necessary to recover City funds. Cards must be returned to the City at time of separation. Eff. 6/03 166 ADMINISTRATIVE POLICY - 1.13 NEPOTISM Purpose The purpose of tins policy is to set forth the definition and conditions of the employment of relatives of City employees. It is intended that this policy shall protect both the employees and the City from unfounded accusations of favoritism. Policy ~1' Applicants for any regular or temporary position shall not be selected for City employment if any of the followj.ng exist: 1) Where one employee will supervise, evaluate, or participate ill disciplinary action effecting another member of their family. 2) Where one employee will be responsible for auditing the work of another membel' of their family. 3) Where confidentiality of the City would be compromised. 4) Where a conflict of interest would arise D:om such employment. For this policy, a person shall be regarded as being a relative of an employee if the person's relationship with the employee is that of parent, step-parent, child, step-child, siblings~ step- siblings, husband, wife, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents 01' grandchild. I i. I I I: Eff. 4/04 167 ADMINISTRATIVE.POLICY - 2.1 WORKING HOURS AND ATTENDANCE The City of Farn1ington establishes working hours as required by the work load and department requirements, citizen needs and the efficient management of personnel services. Employees are expected to be in attendance during all scheduled hours of work. Typical office hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. For employees in the Public Works area typical work hours are 7:00 a.m. to 3:30 p.m., Monday through Friday. Work hours may vary and include evenings and weekends depending on the position, season and department. The regular work week consists of forty (40) hOUl'S, plus a ~ hour each day of uncompensable time for lunch. Each employee's job is important and regular attendance is mandatory. Employees are expected to work the nOlmal hoUl"s and minimum number of hours per week as established for their position by their respective department heads. Service to the public may require the establishment of work schedules other than the normal 8:00 a.m. to 4:30 p.m. work day or the nOlmal Monday through Friday work week. The City will give seven (7) days notice to employees when a change in shift is to occur (for liquor store employees, this advance notice will be provided whenever practicable). In the event that work is required because of unusual or emergency circumstances, no advance notice need be given. Employee Responsibility Employees are required to notify their supervisor as determined by depmiment policy, or no less than sixty (60) minutes from tIleir normal starting time, if they are unable to come to work or if they will be late for work. Limited Flex Time Department Directors are authorized, but not required, to approve flex-time scheduling for employees under the following conditions: 1) Office Hours must be maintained for the general public between the hours of 8:00 a.m. and 4:30 p.m. 2) There is no significant effect on the efficiency of the depmiment. 3) Depmiments continue to provide lngh quality customer service to citizens. 4) The regular work schedule for office employees does not begin before 7:00 a.m. nor extend later than 6:00 p.m. i ! Eff. 1/08 168 ADMINISTRATIVE POLICY - 2.2 LUNCH AND REST BREAKS Pursuant to state law, the City of Farmington provides two separate fIfteen (15) minute rest breaks during each work day, plus a ~ hour per day of non-compensable time for lunch. If the work day exceeds eight (8) hours, rest breaks are usually scheduled at the rate of one break for each fom (4) hours worked over the normal work day. Regular part-time employees are provided with one 15 minute rest break for each four (4) hours of work time per day. Rest breaks may be combined in the first or second half of the shift or combined to be taken with the nonnallunch break as approved by the Department Director and contingent upon altemative staff coverage during the lunch brealc (see procedures). There are operational requirements within the City that do not afford an employee time away from their respective work areas (i.e., Liquor Stores and Arena). Consequently, staff is typically required to pelform their job duties during the course of a rest break as circumstances WalTant. Therefore, these lunch breaks shall be compensated as pal1: of a regular eight (8) hour shift. Procedure Lunch breaks must be scheduled in such a manner as to ensure continuity of service and should be scheduled so that a department is not left unattended during nOlmal business hours. Prompt and convenient customer service shall be tile main consideration at all times. In. general, the length of the workday cannot be shortened by elinlinating rest breaks or lunch periods. In special circumstances, Department Directors have the authority to authorize this on an occasional basis as long as regular department operations remain unaffected. Eff. 2009 169 ADMINISTRATIVE POLICY 6.16 Exempt Employees - Flexible Scheduling and Paid Leave Usage The City of Fmmington has classified each position as either exempt or non-exempt in accordance with State and Federal employment law. An exempt employee is exempt from overtime and paid for the position responsibilities not for hours worked. The following pm"agraphs outline the policy and procedure for using accrued leave if you are an exempt non- bargaining employee. Exempt employees within a collective bargaining unit should refer to the appropriate contract language within the collective bargaining agreement. Because exempt employees are paid for the duties they perform, they have more flexibility in their work schedules which affects how paid leave is used. The policy and procedure listed below should be followed when using paid leave. This information is in addition to the procedures that may be outlined in the Vacation and Sick Leave policies. 1) An exempt employee must inform his/her supervisory of any absence. 2) An exempt employee does not have to use accrued leave in the case of partial day absences. 3) An exempt employee must use accrued leave iftIley will be out of the office for a full day for personal reasons (sick, vacation). The following are examples of how to record time as an exempt employee: If an employee takes 2 hours off for a Doctor's appointment, he/she does not need to record this time as paid leave. If an exempt employee works any pm1: of a day, that exempt employee will be paid for that day. This includes flexing a work schedule to accommodate for evening or weekend hours. If an exempt employee talms vacation and leaves at noon (12:00 p.m.) on Thursday and ta!ces Friday off, tIlen the employee would record eight (8) hours of vacation on the leave usage form (Exempt Timesheet). If an employee talces a week or more of vacation and it does not include any pm1:ial days, then all that time should be recorded as vacation. If a person 8lTives late due to a sick child, no paid leave is recorded. If that person takes the whole day off to C81'e for the sick child, then eight (8) hours of sick leave should be recorded. 170 ADMINISTRATIVE POLICY 6.12 BONE MARROW DONATION LEAVE Pursuant to the Minnesota Bone MalTow Donation Leave Act, Minn. Stat. 181.945, employees are eligible for a maximum of forty (40) hours of paid leave to undergo a medical prOCedUl"e to donate bone marrow. This leave is available to all employees who work an average of twenty (20) hours or more per week. Employees must do the following: 1) Notify Supervisor and Human ReSOUl"CeS Director about the leave; and 2) Provide a medical certification by a physician as to the purpose and length of each leave requested. If it is determined that the employee does not qualify as a bone marrow donor, paid leave granted prior to the medical detelmination is not forfeited. 171 ADMINISTRATIVE POLICY - 6.5 JURY OR WITNESS DUTY An employee required to serve as a juror or under subpoena as a witness in court will continue to receive their regular pay. For paid on-call fIre fIghters, jury or witness duty will not be counted in their call attendance percentage. Pl.ocedures Any compensation received for jury 01' witness duty will be turned over to the City Finance Department less expenses allowable by law. Employees summoned to serve on a jury or as a witness are to notify their supervisor immediately in order to provide time to make work assignments to cover their duties. When employees are excused from jury/witness duty dUl1ng their regular working hours, they are expected to retum to work if practicable. Eff. 3/99 172 ADMINISTRATIVE POLICY - 6.15 Voting Leave Every employee who is eligible to vote in an election has the right to be absent from work for a reasonable time during the morning of election for the pUl-pose of voting. Elections covered by this section include a regularly scheduled state primary or general election, an election to fill a vacancy for a U.S. senator or representative, or an election to fill a vacancy for a state senator or representative. 173 ADMINISTRATIVE POLICY - 6.7 THE FAMILY AND MEDICAL LEAVE ACT (FMLA) Pursuant to the Family and Medical Leave Act (FMLA) of 1993 as revised effective January 2009, the City provides up to 12 weeks of unpaid leave in a 12-month period to eligible employees for specified family and medical reasons. DEFINITIONS: Eligible Employee: To be eligible for FMLA benefits, an employee must have been employed by the City for at least one (1) year and have worked a minimum of 1,250 hours within the previous 12 month period. Qualifying Event: FMLA leave will be granted to an eligible employee for any of the following reasons: 1) Birth of a child or placement of a dependent child with the employee for adoption or foster care and in order to care for that child; or 2) a serious healtIl condition of the employee (see definition below); or 3) To care for care for an employee's dependent child, spouse, or parent suffering from a serious health condition. 4) Qualifying exigency leave for families of military member of tile National Guard and Reserves when the covered military member is on active duty or called to active duty in support of contingency operation. Dependent Child: An individual under the age of 18, or 18 years or older but incapable of self-care because of mental or physical disability, or under 20 years old, and still in secondary school that is the legally recognized responsibility of the employee as natural parent, foster parent, or court-appointed guardian. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or medical care facility; or continuing treatment by a health care provider. As a result of this condition, the employee is deemed unable to perform the essential functions of hislher position or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with: . at least two visits to a health care provider, within 30 days of the first day of incapacity, unless extenuating circumstances exist, whether the first in person treatment takes place within seven days of the fIrst day of incapacity, or . one visit and a regimen of continuing treatment where the in person treatment takes place within seven days of the first day of incapacity. Eff. 112009 1 175 Qualifying exigency leave for families of military member of the National Guard and Reserves: An employee whose spouse, son, daughter or parent either has been notified of an impending call or order to active military duty or who is already on active duty may tal(e up to 12 weeks of leave for a qualifying . exigency 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) child care and school activities, 4) financial and legal arrangements,S) counseling, 6) rest and recuperation, 7) post deployment activities and 8) additional activities that arise out of active duty, provided that the employer and the employee agree, including agreement on timing and duration of the leave. Military Caregiver Leave: An eligible employee is entitled to up to twenty-six (26) weeks in a single twelve (12) month period to care for a spouse, son, daughter, parent, or next of kin covered service member with a serious illness or injury incurred in tile line of duty on active duty that may render the servicemember medically t111fit to perform his or her duties for wInch the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. Next of kin is defined as the closest blood relative of the injured or recovering service member. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves. Key Employee: An employee who is salaried, and is among the lnghest paid 10 percent of all saladed and non-salaried employees. In determination of this status, the yem.-to-date emnings as of the date leave is requested shall be used in the employer's computation. Health Care Provider: A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices, including a physician assistant authorized to practice under the state law and performing within the scope of their practice as defined under state law. Leave Certification Request: The City requires certification for a serious health condition. The employee must respond to such a request within fIfteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation leave. Medical celiification will be provided using the Depmim.ent of Labor (DOL) certification forms. If the City fmds a certification to be incomplete or insufficient, the City shall state.in writing what additional information is necessary to make the celiification complete and sufficient and provide the employee witIl 7 calendar days to cure any deficiency. If the deficiencies are not cured, the City may deny the taking of FMLA leave. If the employee submits a certification D:om a foreign health care provider that is in a language other than English, the employee must provide a written translation of the certification upon request of the City at the employee's expense. The City may directly contact the employee's health cm'e provider for verification or clarifIcation pUl',Poses using a health care professional, an HR professional, leave administrator or management official. The City will not use the employee's direct supervisor for this contact. Before the City makes this direct contact with the health care provider, the employee will be given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIP AA Medical Privacy Rules, the City will obtain the employee's permission for clarification of individually identifiable health information. If the employee does not authorize the City to contact the employee's health care provider to clarify information, an employer may deny FMLA leave. Eff. 1/2009 2 176 Recertification: The City may request recertification for a serious health condition no more frequently than every thirty (30) days and only in connection with the absence by the employee, unless the minimum duration of the condition is more than 30 days. Recertifications may be requested in less than 30 days if the following circumstances exist: the employee requested an extension of his/her leave, circumstances stated in previous certifications have changed sigInficantly, or the City receives information casting doubt on the continuing validity of the employee's certification. Otherwise, the company may request certification for the serious health condition every six (6) months in connection with an employee's absence for an employee requesting intermittent or reduced schedule leave. The City may provide the employee's health care provider with the employee's attendance records and ask whether need for leave is consistent with the employee's serious health condition. Leave Year: Eligible employees are entitled up to 12 unpaid work weeks of leave during any 12 month period. The twelve month period will be measured backwards on a rolling basis from the time the employee uses the leave. For the military caregiver leave, the City will measure the 12 month period as rolling 12~m.onthperiod meaSured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. Length of Leave: Continuous or intermittent describe below. 1) Continuous 12 Week Leave Period: An employee may take up to 12 weeks of continuous unpaid leave, starting fl:om the date of the qualifying event. The employee shall first substitute any accrued vacation, paid sick leave, personal leave and/or any compensatory time with the exception that the employee may retain a total of not more than forty (40) hours of accrued leave before any unpaid leave of absence is granted. This time will be counted as part of the 12 weeks allowed by FMLA. 2) Intermittent 12 Week Leave PeIiod: Upon recommendation by the Human Resources Director and prior approval from the City Administrator, intermittent unpaid leave may be granted to an eligible employee dUling the 12 month pedod immediately following a qualifying event when medically necessary. Leave may be taken in increments as small as one hour. The employee must make a reasonable effort to schedule treatments so as not to disrupt the employer's operation. Further, subject to any continuous leave hours being gI'anted, the employee must first use any accrued vacation; compensatory time, personal or sick leave first, before a request for unpaid intermittent leave is considered. If the intermittent leave involved is gI'eater than 20% of the working days during the period over which the leave extends, the City Administrator, upon consultation with the Department Director, may direct that the employee be transfelTed temporarily to an alternate equivalent position so as to minimize the effects that tile leave would cause on the operations of the respective City department. Any such alternate position shall be one for which the employee is qualified and shall include the same pay and benefits, and the same terms and conditions of employment as the employee's full-time position. Notice Requirement: In either case of continuous or intermittent unpaid leave, an employee must provide a 30 day notice of the qualifying event to tile Human Resources Director or designee. In cases where the qualifying event will oCClli' witInn 30 days, the employee must provide notice either that same day or the next business day. Notice of need for unforeseeable leave must be given as soon as practicable under the facts and circumstances of the employee's need for the leave, in accordance with the City's requirements for notice of leave. Employees must provide sufficient infonnation for the City to detelmine if the leave may qualify for FMLA protection and the anticipated timing and dUl'ation of the leave. Sufficient information may Eft: 1/2009 3 177 include that the employee is unable to perf mID job functions, the family member is unable to perf mID daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supp01Wg the need for military family leave. Employees also must inform the City if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employee s also may be required to provide certification and periodic recertification supporting the need for leave. Secondary Medical Opinions: The City Administrator/designee may, at City expense, request a second medical opinion concerning the qualifying event D:om an employer designated health care provider. Should the first and second opinion differ, the City Administrator/designee may, at City expense, request a third opinion from a health' care provider jointly chosen by the City Administrator/designee and the requesting employee. The third opinion will be considered fmal. The City may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. Key Employee Restoration: The City Administrator may deny restoration of a key employee should a determination be made that restoration would cause the City a "substantial and grievous economic injury" to its operations. Factors in this consideration will consist of whether the City has the ability to temporarily replace the key employee as opposed to hidng a permanent replacement, and then, in addition, having to reinstate the key employee to an equivalent position within the organization. Upon receiving a request from a key employee for leave, Human Resources shall notify the employee of his/her status as a key employee. Married Employees: Unpaid leave of absence for child birth, placement, or for parent care shall be limited to a combined total of 12 weeks, continuous and/or intermittent, for married employees who both work for the city. For leave to care for a covered injured 01' ill service member, the husband and wife may only take a combined total of 26 weeks ofleave. Insurance Continuation: The City will continue to pay the employer's share of the employee's health premium and employee must make arrangements to pay his/her normal portion of the insurance premiUlns while on unpaid leave, either through payroll deduction or by direct payment to the City. If an employee's contribution is more than thirty (30) days late, the City may terminate the employee's insUl'ance coverage. In addition, the City may recover the City paid premiums if the employee fails to return to work for a reason othel' than "serious health condition" or circumstances beyond the employee's control. Status of Benefits: An employee on unpaid leave will not accme vacation or sick time or be eligible for salary increases. Employee's using a.combination of paid and unpaid leave, or intermittent unpaid leave, will accrue benefits on a pro-rated basis. Employees using paid leave will continue to accrue benefits. FMLA leave counts as continued service for purposes of retirement and/or pension plans. . Return to Work: For personal medical leave, employees may return to work during 01' after this leave after providing a fitness for duty certification, if this requirement is provided in the City's designation of leave notice.. Employees will be retUlned to the same position he/she had prior to the leave or to a position equivalent in pay, benefits, and other tel IDS or employment (if you are a "key employee" restoration to employment may be denied following FMLA leave on the grounds that such restoration will cause substantial and grievous injury to the City). The City may require a medical certificate attesting to the employee's fitness for duty prior to return to work. The fitness for duty report must be based on the particular health conditions(s) for which the leave was approved and must address whether the employee can perform the essential functions of his/her regular job. The City may consult with a physician or other Eff. 1/2009 4 178 expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the Americans with Disabilities Act (ADA). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. General Summary: This policy is intended to be a general summary of the law. Each situation will be evaluated on a case by case basis. Leave of Absence Request Procedure: The folloWing procedure shall be used in the administration of an FMLA leave requests: 1) The Employee must notify the immediate supervisor either verbally or in writing of the need for leave and forward the request to the Human Resources Director or designee. When the leave is foreseeable, the employee must provide notice at least 30 days prior to the effective date of'the request. When the leave is not foreseeable, the employee must provide notice either the sallie day or the next business day. Additionally, when the leave is not foreseeable, the employee must comply with the City's usual and customary notice and procedural requirements for requesting leave. 2) Within five (5) business days after the employee has provided notice of the need for this leave, the Human Resources Director or designee will complete and provide the employee with the Department of Labor Notice of Eligibility and Rights. 3) Within five (5) business days after the employee h~ submitted the appropriate certification form, the Human Resources Director or designee will complete and provide the employee with a written response to the employee's request for FMLA leave using the Department of Labor Designation Notice. If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible. 4) The City may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. 5) All information regarding the employees leave will be maintained by Human Resources. Eff. 1/2009 5 179 ADMINISTRATIVE POLICY - 6.8 PARENTAL LEAVE PUl'Suant to the Minnesota Parental Leave Act, employees who have worked for the City for at least 12 months and an average of twenty (20) or more hours per week may take six (6) weeks unpaid leave upon the birth or adoption of a child. This leave may not begin more than six weeks after the said birth or adoption. Eligible employees must provide at least thirty (30) days Wlitten notice to the City of hislher intent to use parental leave and shall detelmine the length of the leave but said leave may not exceed six (6) weeks. Employees may use paid sick, vacation, or compensatory time, but are not required to do so. , i I i I I r I I This leave shall generally run concurrent with any parental leave provided by.law under FMLA. Rev. 9/99 181 ADMINISTRATIVE POLICY ~ 6.14 SCHOOL CONFERENCES AND ACTnnTmSLEAVEI All regular full-time and part-time employees are eligible for unpaid leave up to a total of 16 hours per 12 montIl period to attend a child's school conferences or activities provided that the conferences or activities calIDot be scheduled dUling no work hours. When the need for leave is foreseeable, the employee must provide reasonable pdor notice and malce a reasonable effort to schedule tile leave so as not to unduly disrupt departmental operations. Employees may substitute vacation or compensatory time for any part of the unpaid School Conference or Activity leave. 1 10/99 182 ADMINISTRATIVE POLICY - 6.4 FUNERAL LEAVE The purpose of funeral leave is to allow employees time off to deal with the emotional impact that occurs when a family member dies, or to be able to support a spouse when a death occurs in the spouse's family. Policy Employees are provided up to a maximum of twenty-four (24) work hours with pay per calendar year for the death of tile following employee or spouse family members: Spouse Child Grandparents Grandclnldren Parent MotherlFather Sister/Brother Step Parent(s)/Step child Additional time off may be taken by the employee with the approval of their supervisor and/or department director and charged to sick, vacation or compensatory time. Eft: 3/99 183 ADMINISTRATIVE POLICY - 6.6 MILITARY LEAVE Military leaves of absence and reemployment rights of employees returning from active service with the mmed forces shall be subject to applicable federal and state laws. National Guard & Reserves Employees are entitled to a leave of absence without loss of pay, seniodty status, annual leave, or other benefits when engaged in training activities ordered or authorized by the proper authority pUl'suant to law, whether for state or federal purposes, but not exceeding a total of fifteen (15) days in any calendar year. Active Duty The City does not provide compensation to those employees on active duty in the aImed forces unless authorized by propel' authority pursuant to law. For those employees on active duty, the City will continue to contribute to the cost of group insurance (health, dental, life) at the same level of City contdbution as before the employee goes on leave. If there are changes to the City's contribution levels and or premium rates while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the group insurances they choose to continue. Reinstatement Mter Leave Upon retUln from a militaIY leave of absence, a regular employee shall be reinstated to the employee's fOlmer position or to a position of like status and pay, provided that the employee is competent to perform all duties of the position to which he/she is assigned. If the position which tile employee fOlnlerly held no longer exists, tl1e employee shall be reinstated to a position of like status and pay, provided that it is practical to do so and the employee is competent to perform all the duties of the position to which he/she is assigned. Eff. 1/08 184 ADMINISTRATIVE POLICY - 6.3 HOLIDAYS The City of Farmington recognizes twelve days as paid holidays for regular fullMtime employees and eleven pro-rated holidays for regular pmt-time employees working not less than twenty (20) per week. Pmt-time Liquor Store employees will be paid at one and one half (1 ~) times for holiday hours worked in lieu of holiday pay. Scheduled holidays are: Holiday Date New Yem"s Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day Floating Holiday January 1 st January - 3rd Monday Februmy - 3rd Monday May - last Monday July 4th September - 1 st Monday November 11 th November - 4th Thursday November - 4th Friday December 24th December 25th Employee's Choice In order to be eligible for paid holidays, employees must be on compensated payroll status the last scheduled work day preceding the holiday and tile first scheduled work day following the holiday. When a holiday falls on a Saturday, the previous Friday is designated as the holiday; when on a Sunday, the following Monday is designated as the holiday. Employees Scheduled to Work on a Holiday The City reserves the right to schedule employees to work on an observed holiday as deemed necessm)'. If an employee is required by the City to work on a designated holiday, non-exempt employees shall receive one and one half (1~) times the employee's base pay rate for hours worked in addition to the paid holiday provided that the employee has worked or been on paid leave dUl'ing the employee's normal work week. If an employee is on an unpaid leave of absence during the normal work week and then works a designated holiday during that week, the non-exempt employee shall receive one (1) times the employee's base rate of pay for the designated holiday. Eff. 111/08 185 ADMINISTRATIVE POLICY - 6.2 SICK LEAVE Policy The City of Farmington provides paid sick leave benefits to all eligible employees for periods of temporary absence due to illness or injuries. Eligible employees include regular full-time employees and regular part-time employees who are regularly scheduled and approved to work a minimum of twenty-four (24) hours. 1. Eligible full-time employees will accrue sick leave benefits at the rate of eight (8) hoUl's per month to a maximum of One thousand and eighty hours (1080). Eligible part-time employees shall receive pro-rated sick leave based on actual hours worked. 2. Employees who are hired before the fifteenth of the montIl shall accrue sick leave for that month. Employees hired after the fifteentIl of the month shall not accrue sick leave until the following month. 3. Eligible employees may use sick leave benefits for an absence due to their own illness: exposure to contagious disease or legal quarantine; medical and dental examinations; or an illness or medical or dental appointment of an immediate family member who resides in the employee's household or meets the following defInition of immediate family. "Immediate Family" shall include the employee's parents, siblings, spouse, children, grandparents or grandchildren of the employee or the employee's spouse. I I . I I I 1 I ! i 4. Sick leave shall only accrue when an employee is on compensated regular hoW's or is on approved military leave in accordance with federal and state law. 5. Sick leave usage shall be subject to approval and verification by the Supervisor or Department Director. Procedure To be eligible for sick leave payment: 1) Sick leave must be accrued before any payment is made. 2) An employee must notify his/her supervisor and/or department head as soon as possible but not later than thirty (30) minutes following the starting time of the employee's scheduled shift. (This notice may be waived if the employee can establish that he/she could not comply with this requirement due to circumstances beyond the employee's control.) 3) An employee must infOlm his/her supervisor and/or department head as to the approximate date of the employee's retum to work. 4) If any employee is absent for three or more consecutive days due to illness or injury, a physician's statement will be requested to verify the disability and its begimung and expected ending dates. Such verification may be requested for other sick leave Revised 12/01 187 absences as well, and may be required as a condition to receiving sick leave benefits or to returning to work. 5) Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from disability insurance, worker's compensation, etc. The combination of any such disability payments and sick leave benefits cannot exceed the employee's normal weekly earnings. Revised 12/01 188 ADMINISTRATIVE POLICY - 6.9 UNPAID LEA YES OF ABSENCE The City of Fmmington may grant an unpaid leave of absence to an employee upon written request. In order to be considered for an unpaid leave of absence, an employee must have completed a minimum of six (6) months of service with the City. The City Administrator or his/her designee may grant an unpaid leave of absence for a period not to exceed six (6) months in any calendm' year. A request for such leave must be submitted in writing by the employee to the Department Director or designee as soon as practical. The City Administrator 01' his/her designee will notify the employee in writing granting 01' denying the leave. If approved, tile written notice will include the terms and conditions of the leave. Benefits and seniority shall not accrue during an unpaid leave of absence. An employee may continue to participate in group insurance provided that the employee pays the full cost of the premiums..Upon returning to work, tile employee will be paid at the same salary step held at the time the leave began. Eff. lIOO 189 ADMINISTRATIVE POLICY - 6.1 VACATION The City of Falmington provides paid vacation time to benefit eligible employees to provide opportunities for rest, relaxation and personal pUl'Suits. Eligible employees include regular full-time employees, and regular part- time employees regularly scheduled and approve to work a minimum of twenty-four hoUl"s per week. 1) Employees may take vacation only with the prior approval of the employee's supervisor or department head. Scheduled vacations al'e subject to postponement in the case of emergency. 2) New hires on probational'Y status shall earn but shall not use vacation until the employee has successfully completed the probationary period. 3) Employees who have completed the pl'Obational'Y period shall be compensated for vacation ealned but not used at the time of resignation. Accrued, unused vacation shall be calculated to the nearest day worked and shall be paid at the employee's base pay rate which was in effect at the time of resignation. 4) Employees who are on unpaid leave of absence (excluding Milital'Y Leave) or who have been suspended without pay shall not eam vacation during that period. Additionally, the accrual dates will be adjusted accordingly. 5) Eligible full-time employees shall earn paid vacation in accordance with the following schedule based on years of continuous service. Eligible part-time employees shall earn vacation hOUl'S calculated on a pro-rate basis. Vacation time off is paid at the employee's base pay rate at the time of vacation. It does not include oveltime 01' any special fOlIDS of compensation such as incentives, bonuses, or shift differentials. 6) Employees using earned vacation leave will be considered to be working for the purpose of accumulating vacation or sick leave. Additionally, no employee will be permitted to waive vacation leave for the purpose of receiving double pay. VACATION ACCRUAL SCHEDULE Years of Elifrlble Service Accrual Per Pay Period Annual Accruals 1 through 4 years 3.07 10 davs 5 through 10 years 4.62 15 days After 10 years 4.92 16 days After 11 years 5.23 17 days After 12 years 5.54 18 days After 13 years 5.84 19 days After 14 through 25 years 6.15 20 days After 2S years and all subsequent years 7.69 25 days Rev. 2006 191 7) In the event that available vacation is not used by the end of the benefit year, employees may CalTy over up to the maximum amount established in the following table. Any hours above this maximum will revert back to the City, unless approved in writing by the City Administrator. Vacation time accruals begin again in the next benefit year. Vacation Accrual Maximums: 1 through 10 years 10 through 20 years 20 plus yeal's 20 days 30 days 40 days Rev. 2006 192 ADMINISTRATIVE POLICY - 6.13 SICKN ACATION/COMPENSATORY DONATION POLICY The City of Farmington recognizes that a catastrophic illness of an employee or immediate family member may deplete an employee's available paid leave (sick/vacation/compensatory time). This policy is me'ant to provide employees with the option of assisting employees at such a time. Policy City employees havlllg accrued vacation or compensatory time will be allowed to donate a portion of such accrued leave to fellow employees experiencing a major life threatening disease or condition suffered by the employee, the employee's spouse, or the employee's legal dependents. A major life threatening event includes but is not limited to, heart attack, stroke, organ transplant, life threatening illness or condition as defined by a physician's diagnosis. The donation of leave fl:om one employee to another shall be subject to the following terms and conditions. 1) An employee is only eligible to receive donated leave for time lost fl:om normal work hours. 2) An employee will be eligible to receive donated leave only after the employee's accrued sick, vacation, and compensatory time have been exhausted by the employee. 3) No employee will be allowed to receive more than a total of 1040 hOUl'S of donated leave for any single maj or life threatening disease or condition. 4) An employee may donate unlimited amounts of vacation or compensatory time but no more than 80 hours of sick leave per calendar year to another employee. This shall not be construed to prohibit donating leave to additional employees within the same calendar year. 5) An employee who is donating paid leave must do so from the employee's accrued sick, vacation 01' compensatory time balances. 6) A written request to donate leave must be made to the Human Resources Director on forms designated by the City for that purpose. The Human Resources Director shall submit all requests to the City Administrator for fmal approval. All donations made will be kept confidential. 7) The City Administrator shall have the right to deny use of donated leave 01' limit its use if it is determined to be in the best interests of the City of Farmington, 8) The Human Resources Department will subtract donated leave fl:om the donor's accumulated balance and credit the donated hours to the requested employee. All applicable payroll taxes apply per IRS regulations. Revised 12/02 193 ADMINISTRATIVE POLICY 3.3 Compensation ~ Job Classification and Evaluation City employees are compensated according to a uniform pay plan approved by the City Council. This plan establishes the pay grade and pay range for each position witl1in the City. Factors used in establishing pay ranges include but are not limited to prevailing rates of pay for comparable positions within the City and other public and private employment within the area, ability to attract qualified persOlmel, cost of living factors, benefits received by employees, the financial policy of the City and other economic factors. As p81t to the uniform pay plan) the City of Farmington maintains a job classification and evaluation system for all positions within the organization. Any adjustments to the job classification system will be based on changes in the responsibilities or duties of the classification, federal or state law, and the City's fmancial and organizational status. Job Evaluation The City utilizes the Decision Band Method (DBM) for job evaluation. The job evaluation method is based on each job's level of responsibility. Because all jobs require incumbents to make decisions in order to perfOlID their jobs, decision-making is an equitable basis on which to compare jobs. There are three basic steps: 1) Jobs are classified in one of six different "Decision Bands" based on the characteristics of the decisions that the job requires. 2) Each job is classified within each "Decision Band" into one of two "Grades" based on supervisory requirements. 3) Finally, each job is evaluated based on the complexity, difficulty, and sldlls required of the job in relation to other jobs that have been classified into the same Band and Grade. With this evaluation system, each position within the City is evaluated and a Position Description Questionnaire (PDQ) is created. The PDQ is a compilation of the tasks that an employee is required to perfOlID, by the City, for a given position. From the PDQ, a job description is developed. The City uses this process in the creation of new positions and in re- evaluating current positions. Positions are reviewed annually by the Human ResoUl'ces Director to make sure they are still properly classified. When an employee's job duties change substantially (25% or more), the employee may request a review of their position through their supervisor. The review must be recommended by the employee's supervisor and/or department director in consultation with the Human Resources Director. As p81t of the classification process, it may be appropriate to review and adjust the PDQ. If it is determined that a position should be re-evaluated, the following process will be used: 195 1) The job description is reviewed by the Supervisor and/or depaliment director. 2) If changes are identified, the supervisor and/or department director will consult with the Human Resources Director on whether these changes meet the requirements for a new evaluation to be done (has the position changed at least 25%). 3) After it has been detelmined that the position should be re-evaluated, the employee may be asked to assist in completing a new PDQ (position Description Questionnaire). 4) If a new PDQ is to be completed, the employee is responsible for ensuring that the PDQ accurately reflects the position and includes assisting in identifying tasks that al'e either obsolete or newly assigned by' management. 5) After the review is completed, the PDQ will be re-evaluated using the Decision Band Method and a job description will be created. 6) Based on a new DBM rating, the position will then be assigned to the appropriate grade classification and forwarded to the City Administrator for final approval. 7) Once the evaluation is complete, the employee will receive notification regarding the results of the review by Human Resources. A review and/or re-evaluation of the position may affect the position is one of three ways. The DBM rating may move the position to a higher salary level, keep it at the same salal'}' level or move it to a lower salary level. The City Administrator may approve an exception to these guidelines if such exception is within the overall intent and purpose of this policy and is in the public interest. 196 ADMINISTRATIVE POLICY 3.4 Timekeeping and Payroll Pay Periods. All employees are paid biweekly. The City is required by law to make deductions from an employee's payroll checks, including social security, PERA, federal income tax and state income tax. Time Cards. All employees must complete and sign their own time cards on the City approved form. AccUl"ately recording time worked is the responsibility of every City employee. The supervisor will review and approve the timesheet before submitting it for payroll processing. Altering, falsifying, tampering with time records, recording time on another employee's timesheet or. signing another person's timesheet will result in disciplinary action, up to and including tennination of employment. Direct Deposit. All employees are required to participate in direct deposit. Direct deposit allows employees to have their payroll check electronically deposited into a check or savings account. Employees will receive a payroll statement each pay day. I' Pay Corrections. The City takes all reasonable steps to assure that employees receive the COl1'ect pay in each paycheck and that employees are promptly paid on the scheduled pay date. The payroll processor will review each timesheet and, in the unlikely event there is an elTor, the appropriate cOlTection will be made and the employee will be notified of the adjustment. Personnel Data Changes. It is the responsibility of each employee to promptly notify the Human Resources Office of any changes in personal data. Mailing addresses, telephone numbers, individuals to be contacted in the event of an emergency, etc. should be accurate and current at all times. Eff. 1/2007 197 City of Farmington Performance Management System Instructions 1. Employee completes the self-analysis form and the performance evaluation fOlm as a self-evaluation and gives the completed forms to the supervisor two weeks prior to the employee's anniversary date. 2. The supervisor completes the pelformance evaluation fonn, determining the ratings and filling in the performance standards and goals sections. The supervisor schedules a performance evaluation meeting with the employee. This should be done prior to the employee's anniversary date. 3. At the performance evaluation meeting, the supervisor and employee discuss performance standards, last year's goals and set the next year's goals. The performance standards relate to the requirements of that must be met to have a satisfactory pelformance evaluation. 4. Goals are those items that the employee and supervisor agree to set to obtain a merit pay step increase. A schedule is set for on-going meetings during the year for discussing and monitoring the progress of the employee in achieving the agreed upon goals. 5. The supervisor and employee meet to discuss the perfOlmance review. The employee adds any comments and supervisor and employee sign the form. The fOlm is then forwarded to the Department Head, Human Resources Director and Administrator for final review and sign-off. Progression through the step schedule on the employee's anniversary date shall require satisfactory pelformance as determined by the EMPLOYER. The employee is responsible for completing pelformance evaluation paperwork and submitting it to the Supervisor by their anniversary date. If the employee is responsible for delaying the performance evaluation process and hands in paperwork after the anniversary date, any increase would retroactive to that later date and not the anniversary date. . For merit increases: If the Supervisor has not completed the full performance evaluation process within 30 days of the anniversary date 01.' from the date the paperwork is received from the employee (whichever is later), the employee may make an appeal to the Human Resources Director. The Human Resources Director will evaluate any documented progression or completion of merit goals, provide as thorough a perfOlmance evaluation as pos~ible and either approve or deny any merit increase within 20 days from the date of the appeal. 199 ADMINISTRATIVE POLICY - 3.1 OVERTIME FLSA non-exempt employees who work in excess of the regular forty (40) hour work week, will be compensated at one and one-half (1 Y2) times their regular hourly rate of pay. Total hoUl's worked must exceed 40 hOUl'S per work week in order to qualify for pay at time and one-half. Ove11ime work must be approved in advance by tile employee's supervisor, department head or City Administrator. For the purpose of computing oveliime compensation oveliime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. Additionally, paid vacation, sick leave or compensatory time is not considered time worked and will not be cOUllted when computing the 40 hours for overtime pay. Overtime will be calculated to the nearest 15 minutes. All employees in all departments are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work ove11ime may result in disciplinary action, up to and inciuding dismissal. FLSA exempt employees do not receive overtime pay. Rev. 4/01 200 ADMINISTRATIVE POLICY - 3.2 CONWENSATORYTUWE FLSA non-exempt employees who work in excess of the regular forty (40) hour work week may be granted compensatory time in lieu of ove11ime pay and must be approved by the employee's supervisor, department head or City Administrator. Compensatory time shall be at the rate of one and one-half (1~) times the hours worked in excess of the regulm' work week. The maximum total accrued compensatory time shall not exceed forty (40) hours per employee. FLSA exempt employees are not eligible for compensatory time. Accrued compeI}satory time will be talcen as paid leave with prior approval from the employee's supervisor. Compensatory time will be based on hours worked. Paid vacation, sick leave or compensatory time will not be considered in computing compensatory time. Eff. 1/08 201 ADMINISTRATIVE POLICY - 8.1 SEVERENCE BENEFITS Regular, full-time employees who retire or terminate their employment in good standing with a nllnimum of fourteen (14) calendar days of advance written notice shall receive severance pay in accordance with the following schedule: Upon completion of five (5) years of continuous service twenty-five percent (25%) of the accrued sick leave in the employee's general sick leave account up to 1040 hours. Upon completion of ten (10) years of continuous service fifty percent (50%) of the accrued sick leave in the employee's general sick leave account up to 1040 hours. An employee who is discharged or who resigns without giving advance notice of fOUl1een (14) calendar days shall not be eligible for severance pay. In the event that the employee is deceased, the severance pay benefit shall be paid to the employee's beneficiary. This benefit is calculated at the employee's current rate of pay. Effective 2/98 1 202 TERMINAL LEAVE - 6.15 Terminal Leave An employee who resigns in good standing and gives 30 days written notice may elect to forego a lump sum payment for accumulated paid leave and sick leave conversion (in accordance with the City Severance Policy) in favor of going on tenninalleave. If an employee opts for terminal leave, paid leave accruals will end on the first day of terminal leave. The employee may also elect to continue their group health benefits, at the same level as when they were an active employee, until the terminal leave is completed. Effective 7/98 203 ADMINISTRATIVE POLICY 5.1 GROUP INSURANCE BENEFITS The City of Farmington group insurance benefits are divided into two categories. The basic group insurance includes health, dental, long-telm disability and life insurance. The City also provides voluntary group insurance that includes supplemental and dependent life, and short-term disability. Basic and voluntary group insurance is provided through group insurance contracts. The City contributes a monthly amount towards the cost of group insurance fOl' regular full-time employees. The City contribution may only be used towards insurance offered by the City under a City group insurance contract. The City contribution may be used toward single and/or dependent group insurance coverage including both basic and voluntary supplemental eligible group insurances not to exceed the employer's monthly maximum contribution. Any remai11ing cost for group insurances is paid by the employee through payroll deductions. The specific employee contribution depends on the plans selected and the amount contributed by the City each year. Health Insurance Health Insurance is a basic benefit available to full-time regular employees. Employees may choose single, employee plus spouse, employee plus children, or family coverage, under the health plans offered by the City. If an eligible employee already has health coverage and can show proof of insurance for that coverage, tile eligible employee may opt out of health insurance coverage provided by the City. Under the opt-out provisions established by the LOGIS Health Care Cons011iUln, an employee may choose to waive health insurance coverage with proof of insUl'ance. Any City contribution dollars remaining after an employee has purchased required and optional benefits, will be either paid to the employee as taxable cash or contributed to the employee's deferred compensation account. If an employee has waived the health insurance coverage, the value of the lowest single premium offered by the City, along with dental insurance, life insUl'ance and any supplemental coverage shall be used to calculate the remaining dollars as taxable cash 01' as a contribution to the employee's deferred compensation account. Dental Insurance Dental insurance is a basic benefit and eligible regular full-time employees must choose either single or family coverage for dental insurance as part of their benefit package. Basic Life Insurance Basic life insurance is also a basic benefit which employees must talce as part of their benefit package. Basic life consists of $50,000 of telm life insurance and accidental death and dismembelment insurance (AD&D). Supplemental Life Insurance Benefit eligible employees may purchase additional life insurance at group rates through the City's group insurance contract. Evidence of insurability may be required and the premium is determined by the amount of coverage an employee chooses and by the age of that employee. Premiums for supplemental Eff. 1110 205 insurance purchased through an organization other than the City group insurance canier is the responsibility of the employee although it may be paid through payroll deduction. Spouse and Dependent Life Insurance Benefit eligible employees may also pUl'chase dependent life insurance for their spouse and children through the City's group life insurance carrier. Evidence of insurability may be required and premiums depend on the coverage selected. Short-Term Disability Benefit eligible employees may purchase short-term disability insurance. Premiums are determined by the coverage selected by employees. Long-Term Disability Benefit eligible employees receive employer paid long-term disability-insurance. The elimination period is six (6) months and the maximum amount of coverage can not exceed sixty percent of an employee's income. The City contribution for group insurance may be applied to any of the above mentioned insurance (except Long-term disability as it is an employer paid benefit). Any other types of insurance that an employee has established through payroll deduction (Le., PERA Life Insurance, AFLAC Accident, etc) are not subject to the City contribution. Eff. 1/10 206 , I I I ______________J ADMINISTRATIVE POLICY - 5.6 EMPLOYEE ASSISTANCE PROGRAM The City recognizes that a wide range of personal problems may affect City employees. Employee Assistance Programs (HAP) are designed to provide employees and dependents with confidential, professional counseling and refenals on personal matters effecting their physical, emotional, and professional well being. Some examples of problems an EAP can assist with include marital problems, family concerns, difficulties with children, alcoholism, drug dependency, job stress, depression, grief/loss, legal problems or fl11ancial worries. The EAP is staffed by licensed professionals from tile fields of psychology, clinical social work, and counseling. They are experienced in helping individuals find ways to address whatever is botIlering them. The EAP phones are answered twenty-four (24) hours per day, seven (7) days a week. A specially trained staff member will ask about the type of problem and then assist in schedululg an appointment with an EAP counselor. If immediate assistance is needed, a counselor is available. <# Contacting th~AP Employees are encouraged to utilize this service by contacting: T.E.A.M., Inc. at (651) 642-0182. Additionally, many health plans also have employee assistance programs that may be utilized and covered by the healtIl insurance plan. Therefore, employees are encoUl'aged to check with their health care plan provider regarding employee assistance. Confidentiality All calls to the EAP are strictly confidential witI1in the limits of the law. Using the EAP will not affect an employee's job, promotional opportunities or future with the City of Farmington. The City receives statistical data regarding employee utilization but is not informed as to who is using this program. Supervisor Referral An employee havulg job perfOlmance problems may be refened to the EAP by their supervisor, and/or department director after consulting with Human Resources. Problem identification and refelTal to treatment is done on a confidential basis. The supervisor may only confirm that an appoultment was kept by the employee. Using the EAP program is not a guarantee of continued employment or a substitute for disciplinary proceedings. Any further disclosure would require the employee's permission. Cost All initial EAP services are free to employees and their family members living in the household. If the EAP counselor refers the individual to other community resources for longer-telm or specialty assistance, these costs may be covered by a health insurance program. Costs not covered by insurance will be the individual's responsibility. However, the EAP counselor will make every effort to work with the individual to minimize the costs. Revised 2009 207 Administrative Policy- 5.7 Use of Exercise Facility The City of Farmington encourages employees' participation in health and wellness activities. As a benefit of the City's wellness program, employees, spouses and significant others of employees, over 18 years of age, will be allowed to use the exercise facility at the Police Department. However, children of employees are not allowed to use or be in the facility regardless of age. Procedmes employees must satisfy to use the facility: 1. Annually, submit a signed form from their physician giving employee clearance to use the facility (with or without restlictions) to the Human Resources Department. 2. Read, sign and return a Waiver of Liability and Release form. 3. Receive equipment instruction from a city designated employee. 4. Once this is complete, the Human ResoUl'ces office provide access to the facility. Procedures spouses and significant others must satisfy to use the facility: 1. Obtain approval from Human Resources Director. 2. Annually, submit a signed form from their physician giving clearance to use the facility (with 01' without restrictions) to the Human ResoUl'ces Department. 3. Read, sign and return Waiver of Liability and Release fOlID. 4. Receive equipment instruction from a city designated employee. Employees must accompany their spouse or significant other at all times while using the facility. Failure to abide by tins policy and its procedUl'es will result in suspension of user rights of the facility for tile employee and/or spouse/significant other. The suspension length will be at tile discretion of the Human Resources Director. Upon telmination of employment, facility access keys must be tumed into the Human Resources Department. " 208 ADMINISTRATIVE POLICY - 4.3 SCHOOLS AND CONFERENCES The City of Farmington is committed to providing its citizens with a well-qualified, knowledgeable and trained professional staff. To meet this objective, the City provides training and development opportunities to its employees. All training shall be utilized to maintain and improve specific job skills and increase staffs ability to cope with the increasingly complex situations that arise in the work environment. Guidelines 1) Department Directors will make recommendations to the City Administrator for their employees to attend select schools, conferences, and/or seminars during the City budget process. School and conference requests must be budgeted during each fiscal year. The department shall pay for all registration and direct fee expenses. Other expenses will be paid in accordance with the guidelines of the City's Business Travel Expenses policy (Administrative Policy - 4.2). 2) Out-Of-State Training/National Conferences: Sl;1bject to budgetary considerations, a Department Director may request attendance at one out-of-state training or national conference per year. Mid-level managers and ptofessional staff, with the support and recommendation of their Department Director, may request attendance at one out-of-state training or national conference every two years. Out-of-state professional development and training opportunities will be evaluated based on whether similar training and professional development opportunities are available within the state. Attending staff may be required to submit a Wlitten report regarding conference topics and applicable items pertaining to City operations. 3) Periodically, employees may be required to receive specialized job training 01' career development guidance and this required training will be provided at no cost to the employee. 4) The City will evaluate employee training programs that may be of value to the entire workforce, and will provide periodic training opportunities to all staff through a citywide training program. 5) The City shall reimburse employees for specific job-related license and/or certification fees, and subsequent renewals, provided that the license and/or certification is either required to pelform the duties of their position or as recommended by the department director, and approved by the City Administrator. Standard driver's license fees and renewals are excluded from this policy: 6) Time for voluntary attendance by an employee at a training course outside of working hours is not compensable even if the COUl'se is directly related to his/her position or paid for by the City. Eft 2/01 209 ADMINISTRATIVE POLICY - 4.2 BUSINESS TRAVEL EXPENSES The City will reimburse employees for reasonable business travel expenses incun'ed while on assignments away from the normal work location. All business travel must be approved in advance by the employee's department director. Employees whose travel plans have been approved are responsible for making their own travel al1'angements. When approved, the actual costs of travel, meals, lodging, and other expenses directly related to accomplishing business travel objectives will be reimbursed by the City. Employees are expected to limit expenses to reasonable amounts. Travel guidelines and expense reimbursement practices are listed be below: 1. Airfare 01' train fare for travel in coach or economy class 01' the lowest available fare shall be the preferred mode of transportation when authorized. In cases .where employees. choose to ddve, extra time required will be taken as vacation 01' compensatory time. Reimbursement for vehicular travel (meals, mileage, and lodging) shall not exceed what the total cost of what airline travel would have been. 2. Out-of-state conferences and training must be recommended by the Department Director and approved by the City Administrator in all cases. A summary of the conference and subject matter relating to the City must be submitted. 3. Hotel, motel or other authorized accommodations will be reimbursed at the actual cost not to exceed the single occupancy rate. Lodging expenses will not be reimbursed for meetings held within the Minneapolis/St. Paul metropolitan area or within a fifty (50) mile radius of the City of Farmington unless prior approval is granted by the City Administrator. 4. Fares for shuttle or airport bus service, where available; costs for public transportation for other ground travel such as taxi service will be reimbUl'sed, but should be used only when no other safe or other economical means of travel exists. Reasonable safety considel'ations shall take precedence over economy factors in travel situations. 5. Mileage reimbursement rates for personal vehicle use are determined by the Internal Revenue Service. 6. The reasonable costs of meals including sales tax and gratuity. The gratuity should not exceed 15% of the total costs. a) Pel' Diem: Annual amount established by the IRS for Dalcota County. b) Individual meals: Brealcrast and Lunch are not to exceed $15.00 Dinner is not to exceed $25.00 * All meals combined can not exceed the per diem maximum. c) The pel' diem limits do not apply when the meal expense is included in the cost of the conference or seminar. Additionally, the City does not reimburse costs on a per diem basis but for actual cost incurred. d) Alcoholic beverages are not eligible for reimbursement. e) Itemized real receipts must be submitted to qualify for reimbursement and must show tile following: Date Name ofthe Establishment (pre-plinted form) Itemized list of purchased items Eft'. 3/00, Revised 8/15/05 211 Total Tip (if appropriate) of no more than 15% 7. Charges for telephone calls, fax, and similar services requu-ed for business purposes. 8. Any employee who is involved in an accident while traveling on business must promptly report the incident to the immediate supervisor. Vehicles owned, leased, or rented by the City may not be used for personal use without prior City Administrator approval. 9. Cash advances to cover reasonable anticipated expenses may be made to employees, after travel has been approved. Employees should submit a written request to theu' supervisor when travel advances are needed. City travel expense forms must be completed pllor to reimbursement or travel advance disbursements. 10. When travel is completed, employees must submit completed travel expense reports along with all receipts for individual expenses as soon as possible. Please remember itemized receipts are required for reimbursement of travel expenses. 11. Employees should contact their supervisor for guidance and assistance on procedures related to travel arrangements, travel advances, expense reports, reimbUl'sement for specific expenses, and any other business travel issues. Any exceptions to this policy must receive prior approval from the City Administrator whenever practicable. Abuse of the City travel policy, including falsifying expense reports is grounds for disciplinary action, up to and including termination of employment. Eff. 3/00, Revised 8/15/05 212 ADMINISTRATIVE POLICY - 7.1 SAFETY POLICY INTRODUCTION The City values the health and well being of all employees; therefore, the City has a responsibility to provide a safe and hazard-fi'ee work place for all its employees. To achieve this goal, a commitment to safety by all City employees is required. The City strongly emphasizes the need for safe work methods and practices at all times, and considers safe practices an integral part of every job, pelformed by authorized City staff. The City is committed to providing properly functioning equipment, protective equipment and devices, and in the even~:~f an injury, provide employees with an accurate checklist for getting assistance. The strength of the safety program is built on the active participation and dedication to safety 011 the part of.each City employee, departments, and by the Safety Committee comprised of representatives from all departments. Utilizing written reports, records, training films, tapes and seminars, this program will strive to achieve maximum use of accident prevention infonnation. Each department head has designated a Safety Representative for his or her respective department. The Coordinator's responsibility is to be the department's representative to the Safety Committee, assist the Department head in implementing safety programs, report potential -concerns, and encourage supervisors to strive toward a safety-conscious workplace. Workplace safety and the protection of City property are the responsibility of all City employees. Responsibility may be delegated to the Safety Coordinator, but -accountability for compliance with safety procedures cannot be delegated. Each employee shall be responsible for complying with applicable depaliment safety rules and regulations and for exercising reasonable judgment Ul following safety practices. Depaliment directors and supervisors al'e responsible for taking appropriate actions, once becoming aware or as notified, that minimizes or eliminates any potential safety concems. SAFETY COORDINATOR and REPRESENTATIVES The City Administrator has co-designated the Human Resources Du'ector and the Finance Director as the Safety Coordinators for the City. The Safety Coordinator will serve as Safety Committee Chairperson(s) and will implement the Safety Program Citywide. Each Department Head will designate a Safety Representative for their department. The Safety Representative will serve as the depaltment's official representative to the Safety Committee, and will participate in the development and implementation of a Citywide safety program. The Safety Representative will implement the safety program in his or her department and will repOlt its implementation to the Safety Committee. Each of the City's three bargaining units will also have a representative on the Safety Committee. The committee will have eight (8) total members. Eff. 9/99 1213 SAFETY COMMITTEE 1) Responsibilities, Meetings and Membership. In recognition of the City's responsibility toward employee safety, and in response to Minnesota Department of Labor and Industry recommendations under the Occupational Safety and Health Act, the City of Fan.nington sets forth the following: The Safety Committee has been established as an advisory internal group to promote an orderly and representative approach in dealing with employee safety programs. The Committee shall have autIlority to oversee the following general areas of responsibility: a. The Committee shall review matters of immediate importance such as safe working conditions, emergency activities, personal injury or damage incidents in order to prevent recurrence. b. The Committee will promote safety education. The members will educate themselves in order to better equip themselves in dealing with safety issues. Such educational activities may be in the fOlm of research, inspections, lectures, demonstrations or any other forms. c. The Committee will advise and assist the Department Heads in the implementation of a viable safety program. It may undertake inspections as directed and assist in maintaining compliance with Minnesota Occupational Safety and Health Standards, promote good employee safety attitudes and assist in the development and enforcement of safety regulations and procedures. d. TIle Committee shall hold meetings on a regular monthly basis and otherwise as needed as determined by the Chairpersons for the pmpose of conducting committee business. e. The Committee shall issue a quarterly report detailing specific safety issues addressed within the work place. Said report shall be distributed to the Management Team for review and discussion. Eff. 9/99 2 214 GENERAL SAFETY POLICIES AND RULES 1) All personnel will thoroughly familiarize themselves with all precautions set forth in this policy and other safety precautions deemed necessary by the Safety Committee and applicable State and Federal Laws. 2) All personnel shall adhere to and comply with all rules and regulations regarding personal safety, operation of equipment and other rules set forth by the Safety Committee. 3) Accident reports shall be completed by the injUl'ed employee's immediate supervisor and forwarded to Human ReSOUl"CeS within twenty-four (24) hours of the time of the accident. 4) All personnel will observe all safety precautions and will submit a written and dated report regarding any unsafe equipment or conditions to their depaltment supervisor. Department supervisors, in cooperation with their employees, shall be responsible for the safety of all vehicles and equipnient in their designated area. 5) Safety rules;'or amendments shall be available in a prominent place of every job site. 6) Employees operating City velncles that have seatbelts shall be required to weal' them at all times. 7) Employees must be properly attired at all time in accordance with their respective responsibilities. 8) No employee shall consume, bring or have brought, into any City facility, departmental premise, liquors or unlawful drugs, except in the performance of their duties, and as approved by the employee's Department Director. 9) No employee shall be under the influence of liquors or unlawful drugs of any kind while on duty. (Administl'ative Policy 111-03-1997). 10) Any employee who works more than two (2) consecutive eight (8) hour shifts shall not be allowed to work until s/he has had at least eight (8) hours off duty. Furthermore, any employee whose presence could become a health or safety hazard because s/he is overly fatigued shall be sent home by their supervisor until their next scheduled shift. Eff. 9/99 3215 PERSONAL PROTECTIVE EOUIPMENT 1) General: a) Proper personal protective equipment shall be provided and maintained in a sanitary and reliable condition. b) All employees are responsible for using appropriate protective equipment in the work environment. c) The Supervisor shall be responsible for enforcing rules regarding the use of protective safety equipment. 2) Head Protection: .' a) Hard hats shall be worn by all employees in any area where there.is a danger of falling objects or any other hazard which could cause a head injury. b) All regulations regarding head protection apply not only to employees but to any individual who may be observing work where hard hats are required. c) All hard hats must meet ANSI1 standards. 3) Face and Eye Protection: a) Protective eye and face equipment will be worn on all types of work where there is a reasonable probability of injury fl.-om flying objects, sparks, acids, or other chemicals, grinders, welding equipment, etc. b) If the hazard warrants, safety goggles will not substitute for face slnelds, helmets, or other complete face and head protection. c) All face and eye protection shall be placed near any equipment which wan'ants their use. They will be placed in such a way that the operator can reach them quickly and easily. d) Always wear the maximum in eye protection. This will help to insure that the eyes will be fully protected at all times. Corrective lenses do not constitute protective eyewear. 4) Hearing Protection: a) Protectors shall be worn in areas where the noise exposure exceeds recommended sound levels. b) Protectors shall be worn when using an air hammer, paving breaker, paving saw, chain saw operation and wherever else noise exceeds noise standard limits. 5) Protective Clothing: a) Reflectored safety vests shall be worn by all employees working on or near public roadways and by flag people directing traffic. b) Protective gloves and clothing shall be worn while handling batteries and caustic or dangerous chemicals, and while welding or changing mercUl'Y vapor lights. c) Employees shall not wear loose, flowing, 01' ragged clothing on 01' near moving machinery equipment. 1 American National Standards InstitutefEft: 9/99 4 216 d) For outdoor work in winter weather, layers or loose, warm, fairly lightweight clothing is recommended. e) Employees shall wear shirts and full-length slacks/pants for jobs involving construction or maintenance projects, i.e. parks, street, sewer, water, and ground maintenance, etc. f) Every employee is to wear shoes suitable for their working conditions. Safety-toed shoes will be worn by all employees working around the movement of heavy equipment and materials. Moreover, safety-toed shoes shall be wom around any job site where there is a potential foot hazard (ANSI Standards). 6) Respiratory Protection: a) On jobs involving exposure to halmful fumes, gases, mists, or chemical dusts, proper respiratory protection shall be used. b) Supervisors shall thoroughly instruct employees, whose work assignments involve the use of respiratory protection, about the potential hazal'ds they are exposed to and how to use the proper respiratory equipment. c) Suitable breatI1ing apparatus shall be conspicuously placed neal" the work environments whicl.r-present atmospheric hazards. d) Respirators shall be inspected periodically and after emergency use. e) A program shall be maintained for cleaning and disinfecting. 7) Self Contained Breathing Apparatus (SCBA): a) When any employee must enter a confined area where an oxygen deficient or toxic atmosphere exists, they must wear an approved self contained breathing apparatus. All self contained breathing apparatus will be checked periodically and after emergency use to insure that they are in propel' working condition. All self contained breathing apparatus shall meet ANSI standards. b) Never trust your senses to detennine if the ail' in a confined space is safe. You cannot see or smell many toxic gases and vapors, nor Call you determine tile level of oxygen present. 8) Conimed or Enclosed Space: Confmed spaces are defIned as "special configurations" which could result in dangerous air contamination, oxygen deficiency, or oxygen enrichment; where removing an injured person would be difficult; or where engulfment could occur. Enclosures on bridges, manholes, catch basins, sewer traps, and tunnels are examples of confined spaces that employees may encounter. Employees entering a confined space must be adequately protected against the hazards of dangerous air contamination, oxygen deficiency or enrichment, engulfment, and accidents. Specific requirements include, but are not limited to, the following: a) Employees are to be trained on proper procedUl"es and the precautions to use in confined spaces before entering any confmed space. b) Employees assigned to enter confined spaces are required to complete written confined space entry pelmits for each entry; completed pelmits for confined space entry are to be fOl'Wal'ded to the Supervisor and be kept on record. c) Confined space monitoring equipment must be properly calibrated and maintained. d) Before any employee actually enters a confmed space, atmospheric testing is required for oxygen levels, combustible gas levels, and other appropriate agents. Also, before entering a Eff. 9/99 5217 confined space, the employee must be wearing the appropriate safety equipment and clothing. . e) During the entire period an employee is within a confmed space, a person will be at the point of entry continuously monitoring the levels or oxygen, combustible gas, and other appropriate agents. f) Where practical and feasible, mechanical ventilation must operate continuously in the confined space all the while employees are in it. g) Where practical and feasible, employees must wear fall protection when working in a confined space where a slip or fall hazard exists. h) Smoking is not permitted in confined spaces. UPKEEP. FIRST AID AND FIRE EXTINGUISHERS: 1) Housekeeping: '. a) Good housekeeping is the responsibility of every employee and will. help to eliminate many potential accidents. In view of this, all departmental premises shall be clean and orderly and will be inspected and documented on a monthly basis. b) Keep all aisles, hallways, stairs and exits clear so that adequate space is provided to walk through. Be sure all floor areas are free of obstruction, cords or spills. Materials shall not be stored in such a way as to block clear access to fire exits. c) All equipment, tools, and other materials shall always be stored neatly and out of the way of work and traffic. d) Floors will be kept in a clean and dry condition to insure solid footing. e) Grease, oil, and other debris shall not be allowed to accumulate on the floor. An approved absorbent shall be applied immediately to all grease, oil or flammable liquid spills. f) Paint, stain, and oily rags shall not be allowed to accumulate around any departmental premise. These rags must be disposed of in covered metal containers. Garbage and rubbish shall not be allowed to accumulate. They shall also be disposed of in the proper containers. g) When not in use, flammable liquids shall not be allowed to stand in open air containers. Flammable liquids shall be.stored in approved safety containers not to exceed 120 gallons. Flammable liquids shall not be stored in any quantity exceeding the fIre code and/or building code. h) Flammable liquids shall never be stored near any welding operations, motor vehicles, spark producing work, 01' anywhere else the Fire Marshal has so designated. i) Materials shall never be stacked closer than twenty-four (24) inches from any sprinkler head. 2) Office and Clerical Work: a) Employees shall maintain good housekeeping at all times. This includes keeping floors, aisles, stairs, etc., clear of misplaced equipment, slippery substances, and general residue. b) Employees will immediately report any equipment which has a frayed or cracked electrical cord. c) All office equipment shall be used and maintained according to the manufacturer's recommendations. d) If the hazard warrants, all exposed moving parts of power ddven office machines shall be covered with suitable guards. Eff. 9/99 6 218 e) Razor blades, broken glass, sharp objects, etc. shall not be thrown in the wastebaskets unless properly protected. t) Unbridged telephone lines, extension cords, etc. shall not be placed across walkways. Bridging will help to prevent anyone from tripping or falling, g) When not in direct use, all filing cabinet drawers and desk drawers shall be kept closed. h) Filing cabinets shall be kept secure so that when the top drawer is opened, there is not danger of overbalancing. 3) First-Aid Kits: a) All first-aid kits shall be inspected monthly to insUl'e tIlat expended items are replaced. Safety Representatives shall perform said inspections. b) All fust-aid kits will contain a fust-aid guide which has been approved by the Safety Committee. c) First-aid kits shall be placed at various locations in City offices, garages, some vehicles, etc. as determined by the Safety Committee. d) Emp1t>yees shall know both the location and the contents of first-aid kits. They should be famfii'ar with the proper use of fust-aid supplies. e) The City shall provide the opportunity for First Aid and CPR Training on an annual basis. 4) Fire Extinguishers: a) Fire Extinguishers will be placed in every City building, properly maintained and inspected per the Fire Code. b) Every employee shall become familiar with the fire extinguishers in his/her working area. Employees will be offered instruction on its p1'0per use and operation. c) Employees shall not obstruct access to a fire extinguisher. d) If a fire extinguisher is used, it will be recharged or replaced immediately after use. If it is necessary to remove a fire extinguisher for recharging or replacement, replacement units shall be provided by the City. e) Any vehicle, subject to DOT regulations, will callY a charged fire extinguisher. Drivers of said vehicles will be responsible for keeping the fire extinguisher serviced. VEmCLES AND EQUIPMENT 1) General Safety: a) Only authorized City employees will operate City vehicles and equipment. Unauthorized persons shall not be allowed in or on City vehicles or equipment. b) Safety belts are mandatory for use by equipment and vehicle operators and passengers in accordance with state statute (Minn. Stat. #169.686). c) No driver or operator shall put a vehicle or piece of equipment into motion without insuring all riders are properly seated and wearing seat belts in accordance with state statute (Minn. Stat. #169.686). d) No driver or operator shall allow riders on or in any vehicle or piece of equipment except where there is a permanent seat with propel' seat belts. Exceptions are pieces of equipment originally designed for multiple operators in standing positions. e) Employees shall be familiar WitIl and observe applicable federal, state, and local traffic laws and ordinances. Drivers shall be alert, careful, and courteous toward pedestdans and other drivers. Eff. 9/99 7219 f) Smoking is prohibited in all City of Fmmington vehicles. g) City vehicles and equipment shall be checked before use. If any defects are found, they must be reported to the supervisor immediately. h) Vehicles and equipment shall be refueled only when all engines and auxiliary. motors have been shut off. i) A slow moving vehicle is one that is designated to move at a speed of 25mph or less. Any vehicle moving 20 mph or less and not in the regular traffic flow shall have their safety beacons on. j) Heavy equipment (tractors, street sweepers, front end loaders, graders, etc.) must have flashing lights and beacons turned on when the vehicles are in operation on public streets 01' highways. k) Employees shall not engage in misuse or unsafe conduct which may result in injury to personnel or damage to property. 1) All accidents and/or incidents shall be reported in accordance with the City safety policy. m) Backing operations: Backing shall be done with the use of a signal person when possible. OSHA REQUIREMENTS 1) General All installations, operations, procedures, etc. must comply with appropriate OSHA specifications and regulations. In some instances, City standards may be more restrictive than OSHA standards. If a safety standard is found to be in conflict with OSHA, the OSHA standard shall supersede this policy. Any provision or procedure in this manual which if found to be contrary to required OSHA regulations shall be brought to the immediate attention of the Safety Committee. 2) Employee Right to Know Specific information on the propel' handling and storage of specific gases, hazardous chemicals or other products used by the City should be obtained from the Material Safety Data Sheet (MSDS) for the specific product. These policies are intended as a general procedure and not intended to specifically address the handling and storage of each specific hazardous chemical mId product used by the City. FOR SPECIFIC INFORMATION OF AN ITEM REFER TO THE APPROPRIATE MSDS SHEET. 3) Training and Instruction a) Each department head shall be responsible for providing appropriate training and/or instruction to employees to provide the employee with the necessary knowledge to do the job safely and efficiently. b) Employees should request instruction or training for tasks and equipment of which they are unfamiliar. c) Each department shall be responsible for developirig specific safety standards and procedures specific to their depmtment. 4) Public Safety Concerns Eff. 9/99 8 220 a) Whenever operations are taking place in streets, parks, parkways, sidewalks, or other public areas, appropriate precautions should be taken to provide a safe environment for the public and the employees. Proper signing should be used to warn traffic of a work area. When possible, lighted ban'icades shall be used for overnight protection. If there is not adequate visibility for drivers approaching a work area, a flagperson shall be utilized. b) Where an unusual situation exists that cannot be easily resolved, or when personal injm-y or damage to equipment or property occurs as a result of operations, contact the responsible supervisor immediately. Eff. 9/99 9221 .. ACKNOWLEDGMENT I have received my own copy of the City of Farmington Safety Policy dated September 1999 and have been informed of its content by my supervisor or safety representative. I have read the policy and have had an opportunity to ask questions in regard to its content. I understand how this document pertains to the safety of my co-workers and me, and I will observe these rilles. . I also understand that the policy may not address all situations that I may encounter on the job. In such case, I will take additional precautions as needed, and consult with my supervisor to ensure a safe work environment. Signature Date Eff. 9/99 10 222 CITYOF F IN'GTON' A ~lVIINIST~TIV~ POLICI~S A.w.... PR.OCE:D"UR.ES 2 Table of Contents Section 1: Pu-rpose, Adoption, Amendment, and Scope ........................................................................................ 7 Section 1.1 - Purpose ................ ........................ .................. ............ .......... ................................ ...................... ......... 7 Section 1.2 - Scope...... .......... ............ .............. .................... ..... ... .................... .... ........ ........ .................. ................... 7 Section 1.3 - Not an Employment Contract .............................................................................................................7 Section 1.4 - Policy Amendments ...... .................... ............ .......... ................................. ......... ..................................7 Section 1.5 - Data Practices Advisory................. ..................................................... .......... ...................... .......... ...... 7 Section 1.6 - Minnesota Personnel Record Review and Access Act ...................~................................................... 8 Section 1.7 - Smoke Free Workplace ................. ............................... .......... ..................................... ........................ 9 Section 1.8 - EED Policy Statement ........................................................................................................................ 9 Section 2 - Definitions ..........................................................................................................................................1 0 Section 3: Employee Conduct and ResponsibUities.............................................................................................14 Section 3.1 - Employee Code of Ethics ....................,............................................................................................15 Section 3.2 - Employee Conduct...... .................... ....................... ....................... ......... ................ ...... .......... ............ 17 Section 3.3 - CUstomer Service .......................... ...................................................... .......... ...................... .......... .... 19 Section 3.4 ~ Public Communications .......................... ............. ......... ....... ............................ ................................. 20 Section 3.5 - Harassment/Sexual Harassment........................................................................................................22 Section 3.6 - Workplace Violence .......................... ...................... ........ ........................ ..... ........... ...... ................... 25 Section 3.7 -Information Technology (IT)...... .......... .......... ....... ......................... ............ ...................................... 27 Section 3.8 - Electronic Mail (Email) ...... .................... ........ .............. .......... .......................................... ................ 30 Section 3.9 - Cellular Phones and Personal Digital Assistant (PDA' s) .................................................................33 Section 3.10 - Global Positioning Systems: Locators and Monitoring.................................................................35 Section 3.11 - Outside Employment ................ ...................... .......................... .......................... ............ .......... ...... 36 Section 3.12 - Political Activity ...... .................... ...................... .......................................... ............ ....................... 3 8 3 Section 3.13 - Driver's License Status Checks ...................................................................................................... 39 Section 3.14 - Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations .................................................................................................................................... .........................40 Section 3.15 - Drug and Alcohol Testing Policy ...................................................................................................57 Section 4 - Employ~nt ....................................................................................................................................... 65 Section 4.1 - Job Posting and Recruitment ............................................................................................................65 Section 4.2 - Employment Selection and Background Checks. .............................................................................67 Section 4.3 - New Employee Orientation...... .......... .......... ...................... ...................... .......... ................ ............... 69 Section 4.4 - Probationary Period ................ ............ .................................... ................ .......................................... 70 Section 4.5 - Discipline............................................................................................... ........................................... 72 Section 4.6 - Nepotism ...... ......... ........ ... ............ .............. ...... ...................... .......... ............ .......... ......... .................. 77 Section 4.7 - Credit Card Use ...... .......... ...... .......... ................ .......... ...... ......... ................................................. ...... 78 Section 5 - Attendance and Leaves of Absence ...................................................................................................81 Section 5.1 - Working Hours, Attendance and Break Periods ...............................................................................81 Section 5.2 - Exempt Employees Paid Leave and Flexible Scheduling................................................................. 83 Section 5.3 - Bone Marrow Donation Leave..........................................................................................................83 Section 5.4 - Jury or Witness Duty ........................................................................................................................84 Section 5.5 - Voting Leave...... .......... ...................... .......... ............ .......... .......... .......... ............ ............................... 85 Section 5.6 - Family Medical Leave Act (FMLA)................................................................................................. 86 Section 5.8 - Schools and Conferences Activities Leave....................................................................................... 93 Section 5.9 - Bereavement Leave. ............... ................ ...... .......... ..................... ........... ................ ................ ........... 94 Section 5.10 - Military Leave.... ........... ............ ..................... .......... ............ .............. ...... ............ ........ ............ ....... 96 Section 5.11 - Holiday Leave ...... .......... ................... ............. .......... ............. .............. ..... ...................... .......... ....... 99 Section 5.12 - Paid Time Off (PTO) .................................................................................................................... 100 4 Section 5.13 - Sick Leave......... ............................. .......... ..... ................. ...............................................................1 03 Section 5.14 - Unpaid Leaves of Absence ...........................................................................................................1 05 Section 5.15 - Vacation .............. .................. ...... ................................ .......... .......... ............. ................................. 107 Section 5.16 - Donated Leave ...... ........ ............ ................................ ...... ...................................... .......... .............. 109 Section 5.17 - Job Related Injury or Illness .......................................................................................................... 110 Section 6 - C01llpensation and Benefits .............................................................................................................112 Section 6.1 - Compensation - Job Classification and Evaluation........................................................................ 113 Section 6.2 - Timekeeping and Payroll................................................................................................................113 Section 6.3 - Performance Reviews .....................................................................................................................114 Section 6.4 - Step Adjustments ................ .......... ............ .......... ....................................................... ......... ............. 115 Section 6.5 - Overtime ...... .......... ...... ................ .......................... .......................... ............. ................ ............... ...117 Section 6.6 - Compensatory (Comp) Time ..........................................................................................................117 Section 6.7 - Severance Benefits...............................;................ ................................ ................ ...... ....................118 Section 6.8 - Group Insurance............ 0 0.. ............... 0 o. 0 0 0 0..0....0..... ......... ......... 0....................... 0" o. 0 0....... o. 0 0........... ...120 Section 6.9 - Other Benefits .......................... ............ ............................. ... ........................................................... 123 Section 6.10 - Workers' Compensation Procedures ...........................................................................................125 Section 6.11 - Healthcare Continuation Coverage (COBRA).............................................................................. 125 Section 6.12 - Health Insurance Portability and Accountability Act (HIPAA) ...................................................125 Section 7 - Training and Development..............................................................................................................129 Section 7.1 - Schools and Conferences ..... ......... .................................. ............. ...... ............. ...................... .......... 129 Section 7.2 - Business Travel Expenses .......................... ............ .......... .......... ............ ......................................... 131 Section 8 - Safety.................................................................................................................................................133 Section 8.1 - Safety Policy................ .......... ............ .......... ................................ ............... ........ .......... ................ ...133 5 6 Section 1: Purpose, Adoption, Amendment, and Scope Section l.l-Purpose This administrative manual provides a general resource of the City of Farmington's policies and procedures regarding the conditions of employment with the City in accordance with Federal, State and Local statutes, ordinances, and administrative orders. Employees subject to these policies and procedures are responsible for complying with and carrying out provisions of these policies. Any employee who fails to comply with any of the provisions of these policies and procedures will be subject to disciplinary action in the form that the City deems appropriate, up to and including dismissal from employment. Section 1.2 - Scope This administrative policy and procedure manual contains policies and procedures for all employees. It applies to union employees to the extent that it does not conflict with the subject collective bargaining agreement. Union employees are encouraged to consult their collective bargaining agreement fIrst for information about their employment coriditions. Section 1.3 - Not an Employment Contract This administrative policy and procedure manual does not attempt .to address all possible work situations or to identify every possible situation. Departments may also maintain separate department policies and procedures. The latest version of the administrative policy and procedure manual will be maintained on the City's electronic network under the citywide drive. The policies and . procedures are for informational purposes and are not intended to create a contract of emplovment. They may be amended, repealed, or modified at any time by the City. Except as modified by a collective bargaining agreement, your employment with the City is "at will" and may be terminated at any time by either you or the City with or without cause. Section 1.4 - Policy Amendments The City may from time to time add, delete or amend information in this manual. When such a change is made, Human Resources will document the amendment and provide the updated information to employees either electronically or in paper format. Section 1.5 - Data Practices Advisory During the course of City employment, an employee will likely be asked to provide information that is classified by state law as either private or confidential. Private data is information that generally cannot be given to the public but can be given to the subject of the data. Confidential data is information that 7 generally cannot be given either to the public or to the subject of the data. All employee data will be reviewed, retained and disseminated in accordance with the Minnesota Government Data Practices Act. The requested information will be used to evaluate the employee's job performance, eligibility and abilities. The information provided by the employee may be used in performance evaluations, determinations regarding placement in the salary schedule, applications for employment, and other matters that involve a review of the employee's personnel file and past performance. If the employee provides false, misleading or incomplete information, the employee may be subject to discipline. Unless the employee is otherwise told, he or she is required to provide this information or may face disciplinary action. Those authorized by law to receive information in the employees personnel file may include, but are not limited to, the following persons or entities: · Employees, agents, and officials of the City who have a need to know about the information in the course of their duties or responsibilities; · The person who is the subject of the private data; · People who have permission from the subject of the data; · The Internal Revenue Service, Minnesota Department of Revenue, Public Employees Retirement Association, or other applicable pension system, and the Immigration and Naturalization Service; · The Minnesota Department of Economic Security in any claim for re-employment benefits; · The Workers' Compensation Court in any claim for workers' compensation benefits; · Various insurance companies in any claim for insurance benefits; · Individuals who have obtained a court order for the information; · Participants in any litigation, mediation, veterans' preference hearing, arbitration, or other administrative proceeding that involves the employee; and · Labor organizations and the Bureau of Mediation Services. If litigation arises, the following information may be provided in documents filed with the court and are available to any member of the public. If reasonably necessary to discuss the information at a City Council meeting, it will be available to members of the public. To the extent that some of the information is part of the basis for a final decision on disciplinary action, that information is available to any member of the public. Section 1.6 - Minnesota Personnel Record Review and Access Act Effective January 1, 2008, the Minnesota Personnel Record Review and Access Act provides the following rights and remedies to employees regarding their personnel files: · After termination, employees may review their records once annually for as long as the City maintains the record. 8 a The City must comply with an employee's written request to review his or her file within seven work days from date of request. a After the review, the employee may request in writing a copy of the record at no charge to the employee. a If the employee disputes information contained in the record and the City does not agree to remove or revise the disputed information, the employee may submit a written statement of up to five pages explaining the employee's position. This statement will be included in the personnel file for as long as the City maintains it. a If the City violates the statute, employees may bring a civil action to compel compliance and for actual damages and costs. a The City may not retaliate against employees for asserting rights or remedies under the statute. If the City unlawfully retaliates against an employee, the employee may bring a civil action to compel compliance and for actual damages, back pay, reinstatement, equitable relief, and attorney fees. Section 1. 7 - Smoke Free Workplace All City buildings, facilities and vehicles are.designated as non-smoking. There will be no smoking within City facilities or vehicles at any time. Cigarette butts and matches must be extinguished and disposed of in appropriate containers. Employees who violate this policy will be subject to disciplinary action. Section 1.8 - EEO Policy Statement The City of Farmington is committed to providing equal opportunity in all areas of employment, including but not limited to hiring, demotion, transfer, recruitment, selection, lay-off, disciplinary action, termination, compensation and selection for training. The City of Farmington will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, disability, age, marital status, status with regard to public assistance, veteran status, or membership on a local human rights commission. 9 10 Section 2 - Definitions As used in this manual, the following words and terms, unless the context clearly indicates otherwise, shall have the meaning as defined herein: Anniversary Date: An employee's anniversary date shall be based on the fIrst date of consecutive employment in their current position either as a regular full or part-time employee. Appointment: An acceptance of an offer of employment by the City, recommended by the City Administrator or designee, and ratified by the City Council. Benefits: Privileges granted to employees as part of the total compensation package to employees including vacation, sick, PTO, holiday, personal and military leaves; medical, dental, life and disability insurance; and professional development/continuing education. City: The term City shall refer to the City of Farmington as the employer, the City Council and its agents. Classification, Class, or Class of Positions, Job: A group of positions sufficiently similar in duties, authority and responsibility to warrant the same class title, qualifications, and the schedule of pay for all positions in the group. Compensatory Time: Time off from work at the employee's normal straight time rate of pay. For employees not exempt from the provisions of the Fair Labor Standards Act (FLSA), compensatory time shall be computed at one and one-half (1 ~) times the number of overtime hours worked. Continuous Service: An employee's length of service from the most recent data of hire, re-hire, or re- instatement. An employee's continuous service will be termed broken if that employee voluntarily resigns, is terminated, or retires. Date of Hire: An employee's date of hire is the first day of employment either as a regular full or part- time employee. Days: Calendar days, including Saturday, Sunday and holidays unless otherwise specified in this manual. Demotion or Demotion for Disciplinary Reasons: The change of an employee's status from a position in one class to a position in a lower class that could include a reduction in salary, due to incompetence, inefficiency, or misconduct. Eligible: A person who is qualified for some type of appointment. Full-time Employee: An individual in a position that is regularly scheduled to work a forty (40) hour work week for 52 weeks in a calendar year. 11 FLSA Exempt Employee: Any employee who is exempt from the Fair Labor Standards Act (FLSA). These employees are paid on an annualized salary basis. Regular full-time FLSA exempt employees shall not be subject to overtime pay. FLSA Non-Exempt Employee: Any employee whose work is covered by the Fair Labor Standards Act (FLSA). They are not exempt from the law's requirements concerning minimum wage and overtime. Immediate Family Member: A spouse, children, step-children, siblings, parents, grandparents, in-laws, or grandchildren. Interested Person: Any person who has a direct financial or economic interest in a decision that a City employee is authorized to make. Layoff: Separation of employment due to the elimination of a regular full-time or part-time position. Longevity: The total length of service with the City as a regular, full-time employee including the employee's initial probationary period. Overtime: Time worked in excess of forty (40) hours per week for non-exempt employees. For police officers, overtime is in access of 160 hours per month (28 days). Position: Any office or employment in the City service. Posting: The actual display of a document on various City bulletin boards that are conspicuous to employees. Probationary Employee: An employee appointed to a regular position serving the initial six (6) month probationary period. For Police Officers, a one (1) year probationary period is applicable subject to state statute. Promotion: A change of employee's status from a position in one class to a position in a higher classification having a higher maximum salary rate. Reclassification: A change in a class of an individual position by raising it to a higher class, reducing it to a lower class, or moving it to another class at the same level on the basis of changes in the kind, difficulty, or responsibility of the work performed. Reduction in Grade: A change in an employee's status from a position in one class to a position in another class, including a reduction in salary or wages, that is unrelated to the employee's work performance. Regular Employee: An employee appointed to an authorized, budgeted position in accordance with the rules of this manual, and has successfully completed the probationary period. Regular Full-time Employee: A full-time position that has been expressly authorized by the City Council and reflected in the adopted City budget. 12 Regular Part-time Employee: A part-time position that is expected to be longer than six (6) months and regularly scheduled to work not less than 15 hours per week throughout the calendar year. Seasonal Employee: Employees who work only part of the year (100 days or less) to conduct seasonal work. Seasonal employees may be assigned to work a full-time or part-time schedule. Seasonal employees do not earn benefits or credit for seniority. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or medical care facility; or continuing treatment by a health care provider. As a result of this condition, the employee is deemed unable to perform the essential functions of his /her position. Temporary Position: A position with the City in other than a regular position or a regular part-time position that is typically limited in duration or to a specific task or project. Termination: A complete separation from employment with the City as a result of discharge, resignation, retirement, or death. Transfer: A change in the employee's status from one City position to another, not necessarily involving an increase or a decrease in pay. Veteran: A person entitled to veteran's preference pursuant to the Veteran's Preference Act and any other applicable veteran's regulation. 13 14 Section 3: Employee Conduct and Responsibilities Section 3.1 - Employee Code of Ethics The City expects all employees to exhibit ethical and professional conduct in the performance of their job duties. They are expected to work in cooperation with other public officials and employees. The provisions of this Code of Ethics are applicable to all City employees. City employees, while acting as such, will not participate in, attempt to unduly influence, take official action, or vote on any issue in which he or she has any direct fmancial or personal interest. Disclosure. Employees are to disclose any fmancial or personal interest that he/she may have in any public matters which he/she may have influence on due to their job responsibilities to their supervisor. Where a conflict of interest may exist, as determined by the City, the City Attorney shall review the issue and recommend appropriate action(s). Confidentiality. Employees wiII not disclose or use confidential information without proper, written legal authorization, concerning the property, government or affairs of the City to advance the personal, fmancial or private interests of themselves or others. Gratuities. Employees are not allowed to, directIy or indirectly, solicit any gift or accept or receive any gift of substance, including but not limited to money, services, City services, loans, travel, entertainment, hospitality, or promise, under any circumstances Representation. No employee shall appear in behalf of another's private interest before the council, any committee, commission or agency of the City where that City employee sits in a decision-making capacity, nor shall he or she represent another's private interests in any action or proceeding against the interests of the City in which the City is a party. Sales, Leases and Contracts. Except as specifically authorized by Statute, Section 471.88, no City Employee covered by this Code of Ethics who is authorized to take any part in making any sale, lease or contract in his/her official capacity shall have a direct fmancial interest in that sale, lease or contract or personally benefit fmancially therefrom. Official Duties. No employee shaU claim expenses for travel, meals, accommodations, conferences or any other such type of travel expenses unless such expenses are directly attributable to his or her personal travel expenditures while on official City business. Expenses charged to the City for payment shall not include any expenses associated with family members traveling with the City employee and/or official. Private Use of Public Property. An employee shall not use City property for his or her own private use, unless such use is expressly permitted. Solicitations made by public officials of City employees for special favors, or for private use when such requests wiII knowingly require the use of public property for personal reasons is strictly prohibited without the express written permission of the City Administrator, and such requests shall be made part of the public record. It is required that any such solicitations be 15 reported to the City Administrator, who, along with the City Attorney, will investigate, and report the fmdings to the City Council. Involvement in Governmental Review Processes. A City employee shall not involve him/herself in a governmental review process with respect to a matter in which he or she has a fmancial interest or personal interest. Conflict of Interest City employees must avoid any activity which suggests a conflict of interest between their private interests and City responsibilities. When an employee believes the potential for a conflict of interest exists, it is the employee's responsibility to avoid the situation. Examples of activities which are not in accordance with this policy include, but are not limited to, the following: 1. Use or attempted use of official position to secure benefits, privileges, exemptions, or advantages for themselves, their relatives, or others with whom an employee is associated, that is different from those available to the general public. 2. Acceptance of other employment or contractual relationship that will affect the employee's independence of judgment in the exercise ofthe employee's official duties. 3. Activities that require the employee to interpret codes, ordinances, or regulations when the activity involves matters with which the official or employee has business or family ties. 4. The use of City time, facilities, equipment, or supplies for the purpose of private or personal fmancial gain. 5. Conducting personal business while working regularly scheduled hours. 6. Receipt or acceptance of any money or other thing of value from anyone other than the City for the performance of work that the employee is required or expected to perform as part of their regular duties for the City. 7. Any financial interest or personally beneficial interest, directly or indirectly, in contracts or purchase orders for goods or services used by, purchased by, or furnished to the City. 8. Acceptance of a rebate, gift, money, or anything of value from a person, firm, or corporation to which a contract or purchase order has been or may be awarded. 9. Whether or not a conflict of interest exists will be the determination of the City and not the individual employee. Disciplinary Action 16 City employees, whom, after investigation, knowingly violate sections of the Code are subject to disciplinary action up to and including termination action, and any other penalties pursuant to civil and criminal law. This section shall not be construed to limit the rights of persons charged with violations of this Code under Federal and State Civil Rights Laws. S~oon~2-Empw~eCon~d It is important for all employees to work together and behave in a manner that promotes the efficient operation of the City and ensures a safe, harassment free and pleasant work environment. Behavior that does not promote an efficient, pleasant, harassment-free work environment is prohibited and may result in disciplinary action up to and including dismissal from City employment and may be prosecuted to the full extent allowed by law. The following examples of inappropriate behavior are intended to provide employees with some general insights into behaviors that the City considers unacceptable in the workplace: . Theft or unauthorized removal of possessions of City property. . Falsification oftimekeeping or other City records. . Working under the influence of alcohol or illegal drugs. . Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, while on City premises or while operating employer-owned vehicles or equipment. . Fighting or threatening violence in the workplace. . Any type of physical or verbal abuse including sabotaging another's work. . Making malicious, false and/or harmful statements about others. . Publically disclosing another's private or confidential information . Negligence or improper conduct leading to damage or loss of employer-owned or customer-owned property. . Insubordination or other disrespectful conduct. . Violation of health or safety rules. . Sexual or other unlawful or inappropriate behaviors including comments or remarks that contributes to a hostile work environment. . Possession of dangerous or unauthorized weapons in the workplace. . Unauthorized use of employer-owned facilities and/or equipment including phones, mail, internet and email. . Conduct in private life that brings discredit upon the municipal service. . Inefficiency or incompetence in the performance of job duties. 17 18 Section 3.3 - Customer Service In an effort to provide the best customer service, the City has a Customer Service Response Team comprised of at least one member from each City Department. The mission of this team is to promote excellence in customer service by evaluating our processes and procedures in an effort to provide and maintain the highest standard of excellence in customer service. It is our goal to ensure ease of access to services that minimize technological, administrative, and physical barriers and meet customer needs; and also to ensure that customer service concerns and complaints are appropriately responded to in a timely manner. The following guidelines are to assist each staff member in providing the very best service. 1. City customers always come fIrst. Personal phone calls, social conversations, and private business should never be continued while a customer has entered your work environment and needs service. 2. Be courteous, patient, and respectful with the individual. Patiently explain the process, courteously answer questions and, if necessary, contact your supervisor to assist you in appropriately dealing with the customer. 3. Customer telephone calls should not be transferred more than once whenever possible. 4. Follow through with the customer once action is completed. Let the customer know what you have done and ask if there is anything else you can do for him/her. 5. Take the initiative. When you are capable of handling routine situations, do it. This does not mean doing someone else's job, but simply being helpful to make the entire team look good. 6. Do not expect someone else. to take care of it. Communicate when there is a problem; take personal responsibility for improving the process or City response. Let your supervisor know what the problem is and how you think you can solve it. 7. Be an empathetic listener in difficult situations. While you may have dealt with the situation a hundred times, this may be the fIrst time a customer has complained. Remember, we are here for the customer's convenience, not our own. 8. Quality service, a professional attitude, good customer relations and a professional appearance help create and maintain a favorable City image. Take pride in your appearance. 9. Finally, a little bit of "nice" goes along way. Though the answer may not always be what the customer wants to hear, a customer can still be satisfIed with the courteous and helpful response of City staff. 19 20 Section 3.4 - Public Communications The City of Farmington is committed to fostering professional, credible and timely public communications on City programs, services and activities to City residents. The City recognizes that City Council decisions, policy issues, development proposals, and various other actions related to City business have the potential to become controversial and cause debate or disagreement in the community. Effective communication strategies will help prevent such issues from becoming a crisis, and will promote constructive dialogue in the community. Guidelines I) Responses to public inquiries should always be provided in a very objective, courteous and professional manner. Response to media inquiries should be provided in a concise and direct manner balancing the public's need and right to know while minimizing any unnecessary comments that could generate liability for the City or potentially damage the reputation of the City, the department, and/or respective staff. 2) A City employee will not use of any profanity, personal comments or language which could reasonably be perceived as either offensive or demeaning to any person or group's gender, racial composition, ethnic background, sexuality, religious preference or any other protected class characteristic. 3) Discussion regarding any legal or liability issue should be avoided and all questions of a legal nature referred to the City Attorney. 4) All employees have the responsibility to identify potential issues affecting the performance of their duties and respond accordingly. All concerns that may generate a high level of public visibility must be brought to the immediate attention of the Department Director and/or City Administrator. 5) An employee should not respond to any public inquiry without establishing all the facts. If the issue requires additional research, staff should inform the person making the inquiry that additional time will be needed to respond and provide a timeframe in which a response will be given. 6) Access to personnel and government data is governed by the Minnesota Data Practices Act and questions regarding the release of such data should be referred to the Human Resources Office. Release of non-public or private information could be harmful to employees, and generate liability issues for both the party releasing the data and the City. Job references, personnel data, and other private data should never be released over the phone. The City Administrator is the City's designated Responsible Authority for Data Practices; the Police Chief is the City's designated Responsible Authority for Data Practices for Law Enforcement, and Human Resources Director is the City's designated Data Practices Compliance Officer. 21 22 Section 3.5 - Harassment/Sexual Harassment The City of Farmington is committed to creating and maintaining a work environment free from all forms of harassment and discrimination. Harassment is a violation of Title VII of the Civil Rights Act of 1964 and Minnesota Human Rights Act. Harassment of any person because of race, creed, color, religion, national original, sex, age, marital status, disability, sexual orientation, receipt of public assistance, political opinions, or affiliations is unlawful. The City prohibits harassment of any form and will take action to respond to any reported harassment in a professional manner. 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). 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. Sexual Harassment Prevention It is the City's goal to provide employees with a workplace free from sexual harassment and the conduct that leads to claims of sexual harassment. Sexual harassment is defined by the Equal Employment Opportunity Commission (EEOC) as: 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: 1. It is a condition of hiring or promotion; 2. It becomes a factor in an employee's job duties or assignment; 3. It creates an intimidating, hostile, or offensive environment in which to work. The City of Farmington recognizes the need to educate its employees on the subject of sexual harassment and stands committed to provide information and training. All employees are expected to treat each other and the general public with respect and to assist in fostering an environment free from unwanted harassment. Violations of this policy may result in discipline, up to and including discharge. 23 Procedures for Reporting Harassment Employees have the right to raise the issue of harassment and to file complaints with respect to such harassment without reprisal. If an employee brings said matter to the attention of management and/or HR in "good faith", the employee cannot and will not be retaliated against by the City or its representatives. Employees who feel they have been victims of harassment or employees who are aware of such harassment must immediately report their concerns to any of the following: (1) supervisor; (2) department head; (3) Human Resources Director; or (4) City Administrator. In addition to notifying one of these persons, the employee is also encouraged to take the following steps: 1. Make it clear to the harasser that the conduct is unwelcome and document the conversation. 2. Document the occurrences of harassment. 3. Report complaints to Human Resources. 4. Document any further harassment or reprisals that occur after the complaint is made. If the facts support the allegations, the perpetrator of the harassment will be subject to appropriate disciplinary action, up to and including discharge. Any official or employee found to have made a false complaint, or found to knowingly give false information during an investigation of such a complaint, will also be subject to disciplinary action. Special Reporting Requirements When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the City Administrator who will assume the responsibility for investigation and 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 Council Member is perceived to be the cause of a disrespectful workplace behavior incident involving City personnel, the report will be made to the City Administrator and referred to the City Attorney who will undertake the necessary investigation. The City Attorney will report his/her fmdings 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. Respectful Workplace Behavior All employees are expected to express the shared values of respect, courtesy, civility, politeness, consideration, and tolerance toward their fellow employees in the workplace. 24 Section 3.6 - Workplace Violence The City will make every reasonable effort to keep its employees safe and will not tolerate acts of violence. Acts of violence include, but are not limited to, the following: 1) Causing physical injury to another person; 2) Making threatening remarks, swearing and gestures; 3) Aggressive, hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; 4) Intentionally damaging or threatening to damage employer property or the property of another employee; or member of the public; 5) Possession of a weapon while on City property or while on City business; 6) Sexual harassment, domestic violence, bullying or other offensive behavior; 7) Deliberate or careless conduct endangering the safety of other employees. Any unlawful act of violence committed by employees or members of the public while on City property, or while using City facilities, will be prosecuted as appropriate. The City intends to use any reasonable procedures to secure the workplace from violence and protect its employees and members of the public. Possession and Use of Dangerous Weapons by Employees Possession or use of dangerous weapons, except where such possession or use is specifically required by the City as part of the employee job duties, is strictly prohibited on City property, in City vehicles, or in any personal vehicle which is used for City business. Additionally, City staff utilizes certain equipment that would be considered dangerous weapons if used improperly. Every reasonable effort will be made to train employees on the proper use of equipment and any employee using City equipment for anything other than its intended use will be subject to disciplinary action. All employees are responsible for: . Refraining from acts of violence; . Reporting to management/or Human Resources any dangerous, harassing, threatening or violent situations that occur in the workplace; . Documenting behavior including direct quotes, patterns of abuse, and names of witnesses. Save any letters, memoranda, emails or notes and keep them and all other documentation in a safe place; . Refraining from any type of retaliation. Employees are encouraged to report to their Department Directors and supervisor and/or Human Resources, any situation that occurs outside of the workplace which may affect workplace safety, i.e., instances where protection orders have been issued, etc. 25 Department Directors/Supervisors Department Directors and Supervisors, in conjunction with Human Resources, are responsible for evaluating any report of violence immediately and confidentially, and take appropriate action in order to protect the employee from further violence. Report any issue to the Human Resources Director for investigation, whether or not there has been a complaint. Guidelines for Handling Acts of Violence When an act of violence occurs: 1) If the act or altercation constitutes an emergency, CALL 911. In instances that are not emergency situations, contact your supervisor or Department Director. 2) Contact the appropriate Department Director. 3) The Department Director will contact the Human Resources Director, who will take responsibility for coordinating the response to the incident. 4) The Police Department will handle all instances involving emergency situations, or criminal activity. 5) In instances when it is not appropriate to refer an incident to the Police Department, the Human Resources Director will evaluate the situation and make a recommendation regarding the need for an investigation. If any internal investigation is recommended, the Human Resources Director will coordinate the investigation process. Conducting an Investigation There are liabilities and legal implications associated with acts of violence in the workplace. Therefore, incidents involving emergency and/or criminal activity will be referred to the Police Department for investigation. Incidents that do not involve an emergency situation and/or criminal activity will be handled by the Human Resources Director. The City acknowledges that in some cases there may be both criminal and disciplinary investigations. In the event of a criminal investigation, all rules of criminal procedure will apply and will precede any civil disciplinary investigation. Conclusion of an Investigation If the incident is substantiated, the alleged offender shall be subject to disciplinary action up to and including dismissal. Ifthe results of the investigation are inconclusive, the City will continue to monitor the situation on an on- going basis. Once fmal action is taken, the alleged victim will be notified as to the outcome of the investigation as soon as it is legally possible to do so. 26 Section 3.7- Information Technology (IT) This policy is to ensure that employees use City computer systems in the most effective, consistent and appropriate manner possible in order to achieve the maximum benefit in terms of work productivity. This policy applies to all computer users and covers all technology used to conduct City business. Software Use and Applications A. Copyright infringement Employees are prohibited from making any unauthorized copies of copyrighted software that is owned or leased by the City. IT must approve the copying of any software from one computer to another. Failure to abide by the federal copyright laws will expose the City, and the employee involved, to potential criminal and civil liability. The above paragraph applies equally to the act of bringing software from a home computer to be used on City computers. All software that is loaded onto City computers must have approval from IT prior to loading. This applies to both the network drives and the local disk drives (C:). IT will periodically check for software that may be in violation of the above mentioned policy. B. Development All software program applications developed for use by the City of Farmington become the sole property of the City. These software programs may not be sold or distributed in any manner without the written authorization of proper City authorities. Employees must direct all third party requests to use City developed applications to IT. This includes, but is not limited to, programs developed in Word, Excel, or Access using either macros or templates. C. Acquisition IT must approve all software purchases. IT will authorize the use of software that is consistent with the design and architecture of the City's data processing platform. It is important to adhere to a standard list of software because documents and data are shared much more easily using a common interface. D. Configuration IT employees will make any configuration changes to a computer. This includes any files that relate to how the computer and software is configured. Network Protocols The purpose of the City's local area network is to share software, data, and hardware resources among individuals, workgroups and departments. The following items pertain to that network environment. 27 Security: 1) Login Names. Login names will consist of the first letter of the user's first name and the user's last name. 2) Passwords. All network login passwords must be kept confidential. Designated staff (IT and Department Director) may need to know a user's password to allow for testing of software and network maintenance. Only IT or designated LOGIS staff will have the appropriate security to change passwords. 3) Supervisor. The Administrator login name shall have full network supervisory rights. Personnel with full access rights will use those rights for purposes of maintaining and auditing the network. 4) File Storage. Each network user is assigned a personal directory, a common workgroup directory, a shared citywide directory, and other specialized directories which can be used for storing City business files as may be required. Users are responsible for removing files from these directories when they are no longer useful as network hard disk space is limited. 5) Network Back-up. Information on the network is backed-up to tape every evening. If a file is accidentally deleted, please contact IT to request that the file be restored. IT will let the user know as to whether the file can be restored from the last network back-up. 6) File Sharing. The :\citywide directory is the designated citywide directory for sharing files. Information contained on the citywide directory is a file copy only. Any changes made to a shared file shall only be made either by or with permission from the original author of the file. IT and designated LOGIS staff will also have permission to access files and assist users with operational and software problems. 7) Software Upgrades/File Downloads. Employees must have approval from IT prior to purchasing or installing any application upgrades or downloading of files in order to ensure network-wide compatibility, IT support capabilities and appropriate virus protection and screening. 8) Network Support Requests. LOGIS is the City's authorized network support provider. Calls for network service should be made to IT. PERSONAL USE OF COMPUTER SYSTEMS Employee use of City hardware and software is restricted to purposes relative to conducting City business. Use of the internet should be for business purposes only. Accessing inappropriate websites at any time is strictly prohibited. The accessing of sites by employees considered generally profane, anti-social, degrading of any culture, demographic group and/or racial/ sexual/religious/physical characteristics and/or of a pornographic nature is strictly prohibited. The City has placed various internet controls in place that restricts access to a variety of websites and monitors internet use on a regular basis. Violations related to computer and internet use are subject to disciplinary action, up to and including dismissal. For information regarding use of City email, please refer to the administrative policy on Email. 28 The use of the Internet after hours for personal reasons must be requested by the employee and submitted to the Department Director for approval. IT must be informed of all employees granted permission to use the internet for personal reasons. Employees shall not use a code, access a file, or retrieve any stored information, unless authorized to do so. Employees should not attempt to gain access to another employee's computer or files without the latter's permission or authorization from a supervisor. Hardware A. Hardware Standardization It is important to adhere to a standard list of hardware because data and peripherals can be shared much more easily. All computer purchases will be made and/or approved by IT to ensure that the use of the hardware is consistent with the design and architecture of the City's data processing platform. B. Restricted Activity Only authorized IT personnel will be allowed to access, relocate, repair, or remove components for repair on the City's computer system. Employees should contact IT for any hardware related problems. Many hardware components are under warranty, and should only be serviced by authorized vendor technicians. 29 30 Section 3.8 - Electronic Mail (Email) The City of Farmington provides and maintains an internal and external electronic mail (e-mail) system. All City communications systems, messages, and files created, sent, received or stored within the system should be related to City business and are the property of the City. Any and all opinions stated using the City's e-mail system, whether expressed or implied, shall be those of the individual and not necessarily the opinions of the City or its management. POLICY 1) The City maintains an electronic mail system to assist in conducting City business. 2) All messages composed, sent, or received on the electronic mail system are and remain the property of the City. They are not the private property of any employee. 3) The use of the electronic mail system is reserved for conducting City business. 4) The electronic mail system may not be used to solicit or proselytize for commercial ventures, religious or political causes, outside organizations, or other non-job related solicitations. 5) The electronic mail system is not to be used to create, send, print or disseminate any offensive or disruptive messages. Offensive or sexually oriented e-mails are in violation of the City's Offensive Behavior/Sexual Harassment policy. 6) The electronic mail system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary information or similar materials without prior authorization. 7) The electronic mail system shall not be used for engaging in any activity in violation of local, state, or federal law . 8) The City has and will exercise the right to review, audit, intercept, access and disclose all messages created, received or sent over the electronic mail system for any purpose. The City Administrator or HR Director. or their designees acting at their direction. mav review or audit use of the electronic system at any time in their sole discretion to determine compliance with this or other City policies. The contents of the electronic mail properly obtained for legitimate business purposes, may be disclosed within the City without the permission of the employee. An employee should have no expectation of privacy in messages or fIles they create, send, read or listen to on City computers. 9) The confidentiality of any message should not be assumed. Even when a message is erased, it is still possible to retrieve and read that message. Further, the use of passwords for security does not guarantee confidentiality. All passwords must be disclosed to the City Administrator and/or IT Director. E-mail messages should be drafted in the same manner and with the same care as any communication in printed form on City letterhead 10) Notwithstanding the City's right to retrieve and read any electronic mail messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read any e-mail messages that are not sent to them. Any exception to this policy must receive prior approval by the IT Director. 11) Employees shall not use a code, access a file, or retrieve any stored information, unless authorized to do so. Employees should not attempt to gain access to another employee's messages without the latter's permission. 12) Employees are prohibited from deactivating software designed to detect and destroy computer viruses. 13) Employees are prohibited from activities which may degrade the performance of the City's computer or communication equipment (e.g. downloading additional software for personal use). 31 14) Any employee who receives an e-mail in violation of this policy should delete the e-mail and inform the sender, if possible, to discontinue e-mail communication. 15) Non-exempt employees should not access email outside of working hours unless the employee has received approval from his/her supervisor in advance. 16) If it is perceived that this policy has been violated, such violations should immediately be reported to the Human Resources Office. Disciplinary action for violation of this policy will correspond to the gravity of the offense as weighed by its potential effect on the City and/or its employees and may include, but is not limited to, suspension and/or termination. 32 Section 3.9 - Cellular Phones and Personal Digital Assistant (PDA's) The City provides cellular phones to employees who have a business necessity to telephone others or receive calls while outside of City buildings. Cellular phones are provided to employees for the sole purpose of enhancing the quality, timeliness and overall service level of local government activities. Guidelines 1) All cellular services and billing plans will be established by City Administration, and audited periodically. 2) Calls should be limited to those necessary to perform assigned duties. 3) For the safety of City employees and the general public, employees are discouraged from using the telephone while operating a vehicle. This includes direct connect. 4) Personal phone calls will be acceptable in those circumstances where it is necessary to contact a family member concerning matters of relative importance. Personal phone calls should be kept to a minimum and be as brief as possible. 5) In general, long distance calls should not be made on a cellular phone. If a personal long distance call is made from the cellular phone, the employee is responsible for reimbursing the City for the cost of these calls, as applicable. 6) Text messaging is only allowed for documented business purposes. If an employee receives a personal text message, the employee should notify the sender to refrain from sending text messages to the City cell phone. Additionally, the employee will be responsible for reimbursing the City for the cost of text messages. An employee should have no expectation of privacy in messages or files they create, send, read or listen to on City phones. 7) Text messaging is prohibited while operating a vehicle. 8) Non-exempt employees are not expected to utilize cell phones, Blackberry's or other PDA's for City business outside of working hours unless the employee has received approval from his/her supervisor in advance. 9) Cell phone use is strictly prohibited when operating fire apparatus. 33 34 Section 3.10- Global Positioning Systems: Locators and Monitoring The primary purposes of GPS location and monitoring are for safety, security, productivity, increased efficiency and to better serve our residents. It will also be used to better document activity for the enforcement of City ordinances. Policy The City maintains a GPS system on City owned equipment. This system is in place to assist the City in conducting City business. 1. The GPS system will not be used for engaging in any activity in violation of local, state, or federal law. 2. City employees will not be monitored during their personal time including rest and lunch breaks. The City will take whatever measures possible to ensure tracking of personal time does not occur. 3. City management will exercise the right to review all information at any time to determine compliance with this or other City policies. 4. Employees are prohibited from deactivating or tampering with City GPS location and monitoring hardware and software except as provided for in this policy. While it is not the primary purpose of this policy, it is possible that this technology will be used in employee investigations which may result in either correcting unacceptable behaviors or discipline up to and including termination of employment. 35 36 Section 3.11- Outside Employment The City of Farmington expects regular employees to consider City work their primary employment. Any other job must be compatible, without conflict of interest or schedule. The primary concern is that there is no conflict of interest between the outside work and the City position. Conflicts of Interest It is expected that every employee exercise good judgment to avoid becoming involved in a conflict of interest. Examples of conflict of interest situations include: 1) Those in which an employee's official capacity with the City, or with the outside organization, may enable him or her to influence the placing of City business. 2) Those in which an employee accepts a paid or unpaid position elsewhere, where such activity interferes with their duties and job performance at the City. 3) Those in which an employee may gain access to information not generally available to the public which may allow him or her to directly or indirectly gain anything of value. Prohibitions 1) Employees shall not accept payor compensation from others while performing work for the City. 2) Employees shall not work for any contractor or company that has a contract with the City during the time the contractor or company is actually working on City projects or business, unless specifically authorized by the City Administrator. 3) Employees shall not accept outside employment that requires the use of City equipment, facilities or supplies. 37 38 Section 3.12 - Political Activity City employees are neither appointed to nor retained in municipal employment on the basis of their political activity, but rather on the basis of their qualifications, work performance and fitness. The purpose of this policy is to ensure that the City organization and its employees remain politically neutral in all local political activities. Pursuant to state law (Minn. Stat. 211B.09), City employees may not, at any time, use their official authority or influence to: . Compel a person to apply for membership in or become a member of any political organization, or . Payor promise to pay a political contribution, or . Take part in political activity. If employees have specific questions regarding appropriate involvement in local political activities, please refer all questions to the Human Resources Office. City employees are defined, for this policy, as any individual in a compensated position whether that position is regular, seasonal, temporary or volunteer. For example, use of any City equipment, title or position reference for purposes relating to political activity is strictIy prohibited. Violation of this statute is considered a misdemeanor. If an employee is found guilty of violating this policy in a court of competent jurisdiction, the employee will be subject to disciplinary action up to and including dismissal. Section 3.13 - Driver's License Status Checks Any employee whose job description requires a driver's license shall maintain that license in a valid status. If, for any reason, an employee's driver's license is suspended, revoked, withdrawn or canceled, the employee must notify his or her supervisor as soon as possible and before operating any City owned vehicle. Loss of driving privileges for any reason may result in the immediate reassignment to a non- driving position, if available, or in termination of employment. The Human Resources Office will obtain motor vehicle records annually on all employees authorized to operate City owned vehicles. The City retains the right to revoke any employee's privilege to operate a City vehicle at any time. Any employee convicted of a traffic violation while traveling in a City owned vehicle is responsible for the fmes associated with that violation and may be subject to discipline. Disciplinary action will correspond to the gravity of the offense as weighed by its potential effect on the City and/or its employees and may include, but is not limited to, suspension and/or termination. 39 40 Section 3.14 - Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations The purpose of this policy is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy implements the requirements of the Federal Omnibus Transportation Employee Testing Act and the u.s. Department of Transportation Regulations, 49 C.F.R. Part 382. This policy is in addition and separate from the City's Drug and Alcohol Testing Policy, which implements the requirements of state law and the Federal Drug Free Workplace Act of 1988. DEFINITIONS: Accidents: (a) Except as provided in paragraph (2) of this defmition, an occurrence involving a commercial motor vehicle operating on a public road which results in: 1) a fatality; 2) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; 3) 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. (b) The term accident does not include: 1) An occurrence involving only boarding and alighting from a stationary motor vehicle; or 2) An occurrence involving only the loading or unloading of cargo; or 3) An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defmed in 571.3 of this titIe) by a motor carrier and is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 77.823 of this titIe. Alcohol: the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol Concentration (or content): the alcohol in volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this policy and federal regulations. Alcohol Use: the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. BAT (Breath Alcohol Technician): an individual who instructs and assists individuals in the alcohol testing process and operates an EBT. Chain-of -Custody: procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to fmal disposition of the specimen. With respect to drug testing, these procedures shall require that an appropriate drug testing custody form be used from 41 time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain-of-custody formes) account(s) for the sample or sample aliquots within the laboratory. City or City of Farmington: the City of Farmington, Minnesota, acting through its City Administrator or a designee of the City Administrator. City of Farmington Drug and Alcohol Testing Policy: a separate Drug and Alcohol policy that is part of the City of Farmington Personnel Policies. Commerce: both of the following: (a) any trade, traffic or transportation within the jurisdiction of the United States between a place and a state and a place outside of such state, including a place outside of the United States, and (b) any trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition. Commercial Motor Vehicle: a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: (a) has a gross combination rating of26,000 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (b) has a gross vehicle weight rating of 26,00 1 or more pounds; or (c) is designated to transport 16 or more passengers, including the driver; or (d) is of any size and is used in the transportation of material found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations set forth under 49 C.F .R. part 172, subpart F. (e) is not a fire truck or other emergency fire equipment. Confirmatory Test: for alcohol testing, it means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing, it means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique in chemical principal from that of the screen test in order to insure reliability and accuracy. (Gas chromatography/mass spectrometry (Ge/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine). Confirmatory Retest: For controlled substances, it means a third analytical procedure to reconfirm the presence of a specific drug or metabolite. If the test result of the primary specimen is positive, the driver may request that the MRO direct the split specimen be tested in any different DHHS-certified laboratory for presence of the drug(s). Consortium: an entity, including a group or association of employers or contractors, that provides alcohol or controlled substance testing as required by federal regulations, or other U.S. Department of Transportation alcohol or controlled substances testing rules, and that acts on behalf of the employers. 42 Controlled Substance: has the meaning assigned by 21 U.S.C. 802 and includes all substances listed on Schedules 1-5 as they may be revised from time to time (21 C.F.R. Part 1308). DHHS: The Department of Health and Human Services or any designee of the Secretary of the Department of Health and Human Services. DOT Agency: an agency (operating administration) of the United States Department of Transportation administering regulations requiring alcohol and/or drug testing in accordance with 49 C.F.R. part 40. Driver: any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: full-time, regularly employed drivers; part-time and temporary drivers; leased drivers and independent owner/operator contractors who are either directly employed by or under lease to the employer or who operate a commercial motor vehicle at the direction of or with the consent of the employer. For the purposes of pre-employment/pre-duty testing only, the term driver includes a person applying to the City for employment to drive a commercial motor vehicle. Drug: means any substance (other than alcohol) that is a controlled substance as defmed in 49 C.F.R. Part 382 and 49 C.F.R. Part 40. EBT (Evidential Breath Testing Devise): an EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products list of Evidential Breath Measurement Devises." Employer: the City of Farmington acting through its City Administrator or a designee of the City Administrator. FHW A: The Federal Highway Administration. MRO: Medical Review Officer. A licensed physician (Medical Doctor or Doctor of Osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with the driver's medical history and any other relevant biomedical information. Performing a Safety-Sensitive Function: a driver is considered to be performing a safety sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform, or in a state of readiness to perform any safety sensitive function while on duty. Reasonable Suspicion: means that the City believes the appearance, behavior, speech or body odors of a driver are indicative of the use of a controlled substance or alcohol based on the observation of at least one (1) supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. Refusal to Submit (to an alcohol or controlled substances test): a driver: 43 (a) fails to provide adequate breath for testing without a valid medical explanation after the driver has received notice of the requirement for breath testing in accordance with the provisions of this part, (b) fails to provide adequate urine for controlled substances testing without a valid medical explanation after the driver has received notice of the requirement for urine testing in accordance with the provisions of this policy and federal regulation, or ( c) engages in conduct that clearly obstructs the testing process. Safety-Sensitive Function: any of the following: (a) All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched or in a state of readiness to drive and/or maintain a commercial motor vehicle, unless a driver has been relieved from duty by the City; (b) All time inspecting equipment as required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (c) All driving time which shall mean all time spent at the driving controls of a commercial motor vehicle in operation; (d) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, which shall mean a berth conforming to the requirements of federal regulation; (e) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or giving or receiving receipts for shipments loaded or unloaded; (f) All time spent performing the driver requirements of the federal statutes related to accidents; (g) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle. Screening Test (also known as Initial Test): in alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens from further consideration. State of Readiness: a driver who is on call, ready to be dispatched, to perform safety-sensitive functions while on duty. Substance Abuse Professional (SAP): a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the national Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. Supervisor: the person designated by the City to perform supervisory functions over the City's drivers. Violation Rate: the number of drivers found during random tests given pursuant to this policy and federal regulations to have an alcohol concentration of 0.04 or greater, plus the number of drivers who refuse a 44 random test required by this policy and federal regulations, divided by the total reported number of drivers in the industry given random alcohol tests pursuant to this policy and federal regulations, plus the total reported number of drivers in the industry who refuse a random test required by this policy and federal regulations. PROHIBITED CONDUCT Conduct Related to Alcohol: (a) A driver tested under this policy and federal law who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform safety-sensitive functions, including driving a commercial motor vehicle. The driver shall not perform safety-sensitive functions until the start ofthe driver's next regularly scheduled duty, but not less than twenty-four hours following administration of the test and the driver will not be compensated during the time off. The driver may use benefit hours during the absence if accrued and available. A detectable alcohol concentration level is in violation of the City of Farmington Drug and Alcohol Testing Policy and actions also may be taken under that policy, which may be in addition to this policy. (b) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. (c) The City, having actual knowledge that a driver has an alcohol concentration of 0.04 or greater, shall not permit the driver to perform or continue to perform safety-sensitive functions. (d) No driver shall be on duty a commercial motor vehicle while the driver possesses alcohol in any quantity. (e) No driver shall use alcohol while performing safety sensitive functions. (f) The City, having actual knowledge that a driver is using alcohol while performing safety- sensitive functions, shall not permit the driver to perform or continue to perform safety- sensitive functions. (g) No driver shall perform safety-sensitive functions within four hours after using alcohol. (h) The City, having actual knowledge that a driver has used alcohol within four (4) hours, shall not permit a driver to perform or continue to perform safety-sensitive functions. (i) Any driver required to take a post-accident alcohol test because of loss of human life or who receives a citation under state or local law for a moving traffic violation arising from an accident shall not use alcohol for eight (8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. CD No driver shall refuse to submit to a post-accident alcohol test, a random alcohol test, a reasonable suspicion alcohol test, or a follow-up alcohol test mandated by this policy and federal law . (k) The City shall not permit a driver who refuses to submit to the mandated alcohol tests under this policy and federal law to perform or continue to perform safety-sensitive functions. Conduct Related to Controlled Substances (a) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the 45 instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. (b) The City, having actual knowledge that a driver has used a controlled substance, shall not permit the driver to perform or continue to perform a safety-sensitive function unless use is permitted pursuant to the written instruction of a physician. (c) A driver shall inform the driver's supervisor of any therapeutic drug use. (d) No driver shall report for duty, remain on duty, or perform a safety-sensitive function, if the driver tests positive for controlled substances. ( e) The City, having actual knowledge that a driver has tested positive for controlled substances, shall not permit the driver to perform or continue to perform safety-sensitive functions. (t) No driver shall refuse to submit to a post-accident controlled substance test, a random controlled substance test, a reasonable suspicion controlled substance test, or a follow-up controlled substance test mandated by this policy and federal law. (g) The City shall not permit a driver who refuses to submit to the mandated controlled substance tests to perform or continue to perform safety-sensitive functions. TYPES OF TESTS REOUlRED Pre-Employment Testing: Prior to the fIrst time a driver performs safety-sensitive functions for the City, the driver shall undergo testing for controlled substances. For purposes of this subsection on pre-employment testing, the term driver includes but is not limited to a person applying to the City to drive a commercial motor vehicle, a person who has recently obtained a commercial driver's license or a person who has been reassigned or promoted into a position that requires the performance of safety-sensitive functions. Any job offer, reassignment, or promotion to drive a commercial motor vehicle shall be contingent upon a negative controlled substance test report and the applicants written agreement authorizing former employers to release to the City all information on the applicant's alcohol tests with a concentration result of 0.04 or greater, positive controlled substance test results, and refusals to be tested, within the preceding two years. The City also retains the right not to hire a driver who has a positive test result and who has not participated in and completed a counseling or rehabilitation program as directed by the driver's substance abuse professional. Post Accident Testing: (a) Drivers Tested. As soon as practicable following an accident involving a commercial motor vehicle, the City shall test for alcohol and controlled substances of each surviving driver; 1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or 2) Who received a citation and there was either serious bodily injury needing immediate medical treatment; or 3) Who received a citation and one or more vehicles is towed as a result of the accident; or 4) The City may also test under the City of Farmington Drug and Alcohol Testing Policy. (b) Alcohol Tests. If a test required by this section is not administered within two hours following the accident, the City shall prepare and maintain on ftle a record stating the reasons the test 46 was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the City shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FHW A upon their request. (c) Controlled Substance Tests. If a test required by this section is not administered within 32 hours following an accident, the City shall cease attempts to administer a controlled substances test and prepare and maintain, on ftle, a record stating the reason the test was not promptly administered. Records shall be submitted to the FHW A upon their request. (d) Readilv Available. A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the City to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. ( e) Post Accident Information. The City shall provide drivers with necessary post-accident information, procedures, and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section. (t) Results of Test. The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section provided such tests conform to applicable Federal, State, or local requirements, and that the result of the tests are obtained by the City. Random Testing: (a) Minimum Annual Percentage Rate. Except as provided in paragraphs (b) through (t) of this section regarding random testing, the minimum annual percentage rate for random alcohol testing shall be twenty-five percent (25%) of the average number of driver positions the City has unless changed by the FHW A Administrator. The minimum annual percentage rate for random controlled substance testing shall be fIfty percent (50%) of the average number of driver positions the City has unless changed by the FHW A Administrator. (b) Selection of Drivers. The selection of drivers for random alcohol and controlled substance testing shall be made by a scientifIcally valid method, such as a random number table of a computer-based random number generator that is matched with driver's social security number, payroll identifIcation number, and other comparable identifying numbers. Under the selection process used, each driver shall have an equal chance of being tested each time selections are made. ( c) Number of Drivers Selected. The City shall randomly select a sufficient number of drivers for alcohol testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate of twenty-fIve percent (25%) of drivers. For controlled substance testing, the City shall randomly select a sufficient number of drivers for controlled substances testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate of fIfty percent (50%) of drivers. The rates are subject to change by the FHW A Administrator. If the City conducts random testing for alcohol and/or controlled substances through a consortium, the number of drivers to be tested may be calculated for each individual employer or may be based on the total number of drivers covered by the consortium who are 47 subject to random alcohol and/or controlled substance testing at the same minimum annual percentage rate under this part or any DOT alcohol or controlled substance testing rule. (d) Notice Regarding Tests. The City shall ensure that random alcohol and controlled substance testing conducted pursuant to federal law are unannounced and that the dates for administering random alcohol and controlled substance tests are throughout the calendar year. Drivers may be selected for more than one test per year. (e) Test Immediacy. The City shall require that each driver who is notifIed of selection for random alcohol and/or. controlled substance testing proceeds to the test site immediately; provided however, that if the driver is performing a safety-sensitive function at the time of notification, the City shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing sight as soon as possible. (t) Timing of Test. A driver shall only be tested for alcohol while the driver is performing safety- sensitive functions, just before a driver is to perform safety-sensitive functions, just after the driver has ceased performing safety-sensitive functions or while the driver is in a state of readiness to perform safety-sensitive functions. Reasonable Suspicion Testing: (a) City's Determination of Reasonable Suspicion of Alcohol Violations. The City shall require a driver to submit to an alcohol test when the Human Resources Director has reasonable suspicion to believe that the driver has violated the provisions of federal law concerning alcohol. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specifIc, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors ofthe driver. (b) City's Determination of Reasonable Suspicion of Controlled Substance Violations. The City shall require a driver to submit to a controlled substance test when the Human Resources Director has reasonable suspicion to believe that the driver has violated the prohibitions of federal law or this policy concerning controlled substances. The City's determination that reasonable suspicion exists to require the driver to undergo a controlled substance test must be based on specifIc, contemporaneous, articulable observations concerning the appearance, behavior, speech, and body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. (c) Trained Supervisor of Driver. The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor or an employee of the City who is trained in accordance with federal law. The person who makes the determination or who observes or assists with making the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. (d) Timing of Reasonable Suspicion Observations. Alcohol testing is authorized by federal law and this policy only if the observations required in paragraph (a) above are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with federal law and these rules. The driver may be directed by the City to only undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, just after the driver the driver has ceased performing safety-sensitive functions or while the driver is in a state of readiness to perform safety-sensitive functions. 48 (e) City Drug and Alcohol Testing Policy. If the driver is not performing safety-sensitive functions and reasonable suspicion exists, drivers may be tested for drugs and alcohol under the City of Farmington Drug and Alcohol Testing Policy. (t) Prompt Administration of Test. If an alcohol test is required by federal law and this policy is not administered within two hours following the determination of reasonable suspicion, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by federal law and this policy is not administered within eight (8) hours following the determination of reasonable suspicion, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (g) Under the Influence Prohibitions. Notwithstanding the absence of a reasonable suspicion alcohol test under this policy and federal law, no driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the City permit the driver to perform of continue to perform safety- sensitive functions until: (1) An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or (2) Twenty-four (24) hours have elapsed following the determination under paragraph (t) of this section that there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy and federal law concerning the use of alcohol. (h) Driver's Behavior and Appearance Absent Test. Except as provided in (g)(2) of this section, the City shall not take any action under this part against the driver based solely on the driver's behavior and appearance with respect to alcohol use, in absence of an alcohol test. This does not prohibit the City with independent authority of federal law from taking any action otherwise consistent with the law. (i) Written Records of Observations. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or another city employee who made the observations within twenty-four (24) hours of the observed behavior or before the test results are released, whichever is earlier. Return-to-Duty Testing: (a) Return-to-Duty Alcohol Test. The City shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by federal law or this policy concerning alcohol, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. (b) Return-to-Duty Controlled Substance Test. The City shall ensure that before a driver returns to duty the performance of a safety-sensitive function after engaging in conduct prohibited by federal law or this policy concerning controlled substances, the driver shall undergo a return- to-duty controlled substance test with a result indicating a verifIed negative result for controlled substance use. Follow-up Testing: 49 (a) Follow-up Alcohol and/or Controlled Substance Test. Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substance testing as directed by a substance abuse professional in accordance with the federal law. (b) Timing of Follow-uo to Alcohol Test. Follow-up alcohol testing shall be conducted only while the driver is performing safety-sensitive functions, just before the driver is to perform safety- sensitive functions, just after the driver has ceased performing safety-sensitive functions or while the driver is in a state of readiness to perform safety-sensitive functions. SPECIMEN COLLECTION PROCEDURES (a) The collection site person shall instruct the driver to provide at least 60 ml of urine under the split sample method of collection. (b) The City is required to use the "split sample" method of collection for drivers. Split Specimen Procedure for Controlled Substance Testing: (a) The driver shall urinate into a specimen bottle that is capable of holding at least 60 ml. (b) The collection site person shall pour the urine into two specimen bottles. Thirty (30) ml shall be poured into one bottle, to be used as the primary specimen. At least 15 ml shall be poured into the other bottle, to be used as the split specimen. (c) If the driver is unable to provide to provide the appropriate quantity of urine, the collection site person shall instruct the driver to drink not more than twenty-four (24) ounces of fluid and, after a period of no more than two hours, again attempt to provide a complete sample. If the driver is still unable to provide a complete sample, the testing shall be discontinued and the City notifIed. The MRO shall refer the driver for a medical evaluation to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. For pre- employment testing, the City may elect to not have the referral made and revoke the employment offer. (d) The collection site person will comply with the split specimen procedure as required under 49 C.F.R. part 40. (e) Action required by the regulations as the result of a positive drug test (e.g., removal from performing safety-sensitive function) is not stayed pending the result of the test of the split specimen. (t) If the result of the primary specimen is positive, the laboratory shall retain the split specimen in frozen storage for 60 days from the date on which the laboratory acquires it. Following the end of the 60-day period, if not informed by the MRO that the driver has requested a test of the split specimen, the laboratory may discard the split specimen. (g) When directed in writing by the MRO to forward the split specimen to another DHHS- certifIed laboratory for analysis, the second laboratory shall analyze the split specimen by Gas Chromatography/Mass Spectrometry to reconfIrm the presence of the drug(s) or drug metabolites(s) found in the primary specimen. The split specimen shall be retained in long- term storage for one year by the laboratory conducting the analysis of the split specimen. Reporting and Review of Results for Controlled Substance Testing: 50 (a) Confirmation Retest. The MRO shall notify each driver who has a confirmed positive test that the driver has 72 hours in which to request a test for the split specimen if the test is verifIed as positive. The driver is responsible for all costs associated with the confIrmatory retest unless the results are negative. If the driver requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing, or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, the City, and the driver. (b) MRO shall direct analysis of split specimen. If the driver has not contacted the MRO within 72 hours, the driver may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verifIed positive test, or other circumstances unavoidably prevented the driver from timely contacting the MRO. If the MRO concludes that there is a legitimate explanation for the driver's failure to contact the MRO within 72 hours, the MRO shall direct the analysis of the split specimen, if applicable, be performed. (c) MRO Unable to Contact Driver. If, after making reasonable efforts and documenting these efforts, the MRO is unable to reach the driver directly, the MRO must contact the designated City contact person, who shall direct the driver to contact the MRO. If the City contact person is unable to contact the driver, the driver will be placed on suspension. (d) MRO Mav Verify Positive Test. The MRO may verify a positive test without having communicated directly with the driver about the test results under the following conditions: (1) The driver expressly declines the opportunity to discuss the test results. (2) The driver has not contacted the MRO within five (5) days of being instructed to do so by the City. ALCOHOL TESTING The FHW A alcohol test rules require breath testing administered by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Devise (EBn. Two breath tests are required to determine if a person has a prohibited alcohol concentration. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If the driver attempts and fails to provide an adequate amount of breath, the City will direct the driver to obtain written evaluation from a licensed physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. CONFIDENTIALITY All alcohol/controlled substances test results and required records are considered confidential information. Any information concerning an individual's test results and records shall not be released without written permission of the individual except as provided for by regulation or law. CONSEOUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT 51 (a) Removal From Safety-Sensitive Function. Except as provided in federal law, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law or this policy or an alcohol or controlled substance rule of another Department of Transportation agency. (b) Prohibition of Safety-Sensitive Functions. The City shall not permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the City has determined that the driver has violated federal law. (c) Refusal to Submit. If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the Human Resources Director shall recommend to the City Administrator that the driver be discharged from employment on grounds of insubordination. In the case of a job applicant applying to drive for the City, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. (d) Pre-employment Tests. Job Applicants (including those for promotion). The Human Resources Director will not withdraw an offer of employment or promotion to a driver position made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confIrmatory test and in any confIrmatory retest (controlled substances only), the Human Resources Director will withdraw the contingent offer of employment or promotion to a driver position if the City determines in accordance with the Minnesota Human Rights Act that alcohol or drug usage or abuse prevents the job applicant from performing the safety-sensitive functions of the job in question. (e) Other Tests. The Human Resources Director will not discharge, discipline, discriminate against, or request or require rehabilitation of a driver solely on the basis of a positive test result from a screening test that has not been verifIed by a confIrmatory test. Where there has been a positive test result in a confIrmatory test and in any confIrmatory retest (controlled substances only), the City may do the following: (1) First Positive Test Result. Give the driver an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City through its Employee Assistance Program may determine which program is more appropriate after consultation with a Substance Abuse Professional or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under the driver's own benefIt plan. If the driver either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confIrmatory test after completion of the program, and alcohol and drug abuse prevents the driver from performing the safety-sensitive functions of the job in question, the Human Resources Director will recommend to the City Administrator that the driver be discharged from employment. (2) Second Positive Test Result. Where alcohol or drug abuse prevents the driver from performing the safety-sensitive functions of the job in question, the Human Resources Director will recommend to the City Administrator that the driver be disciplined; 52 including, but not limited to, discharge from employment. The driver, whether discharged or not, will have access to the City's Employee Assistance Program for evaluation and referral in resolving problems with alcohol misuse and controlled substance use. (3) Susoensions and Transfers. Notwithstanding any other provisions herein, the City may temporarily suspend the tested driver with pay for up to 90 days or transfer that driver to another position at the same rate of pay pending the outcome of the confIrmatory test and, if requested, the confIrmatory retest (controlled substances only), provided the City believes that it is reasonably necessary to protect the health or safety of the driver, co-employees, or the public. (4) Other Misconduct. Nothing in this policy limits the right of the City to discipline or discharge a driver on grounds other that a positive test result in a confIrmatory test arising from the same or other incident, including, but not limited to a conviction of any criminal drug statute for a violation occurring in the workplace. PENALTIES Criminal penalties shall be as prescribed by 49 U.S.C. Sec 521 (b)(2), which provides that an employee who knowingly and willfully violates the Omnibus Transportation Employee Testing Act while operating a commercial motor vehicle by activities that have led or could have led to death or serious injury is subject to the statutory criminal sanctions. REFERRAL. EVALUATION. AND TREATMENT (a) Resource Advisory. Each driver who engages in conduct prohibited by federal law and this policy shall be advised by the City of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance use professionals and counseling and treatment programs. (b) Evaluation by a Substance Abuse Professional. Each driver who engages in conduct prohibited by federal law and this policy shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use. (c) Return-to-Duty Testing and Assistance. (1) Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by a federal law or this policy, the driver shall undergo a return-to-duty alcohol test with the result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verifIed negative result if the conduct involved a controlled substance. (2) In addition, each driver identifIed as needing assistance in resolving problems associated with alcohol misuse or controlled substance use: (A) Shall be evaluated by a substance abuse professional to determine that the driver has properly followed any rehabilitation program prescribed under federal law and these rules; and 53 (B) Shall be subject to unannounced follow-up alcohol and controlled substance testing administered by the City following the drivers return to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional, and consist of at least six (6) tests in the fIrst twelve (12) months following the driver's return to duty. The City may direct the driver to undergo return-to-duty and follow-up testing for both alcohol and controlled substances, if the substance abuse professional determines that return-to-duty and follow-up testing for both alcohol and controlled substances is necessary for that particular driver. Any such testing shall be performed in accordance with the requirements of 49 C.F.R. Part 40. Follow-up testing shall not exceed sixty (60) months from the date of the driver's return-to-duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the fIrst six (6) tests have been administered if the substance abuse professional determines that such testing is no longer necessary . (d) Evaluation and Rehabilitation. Evaluation will be provided by the City's Employee Assistance Program and paid for by the City. Any recommended participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under an employee's benefIt plan. ( e) Conflict of Interest of Substance Abuse Professional. The City shall ensure that a substance abuse professional who determines that a driver requires assistance in resolving problems with alcohol misuse or controlled substance use does not refer the driver to the substance abuse professional's private practice or to a personal organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a fmancial interest. This paragraph does not prohibit a from referring a driver for assistance provided through a public agency, the City, or a person under contract to provide treatment for alcohol or controlled substance problems under the driver's health insurance program; or the sole source oftherapeutically appropriate treatment reasonably accessible to the driver. (t) Inapplicability of Section. The requirements of this section with respect to referral, evaluation, rehabilitation do not apply to applicants who refuse to submit to a pre-employment alcohol or controlled substance test or who have a pre-employment alcohol test with a result indicating an alcohol concentration of 0.04 or greater or a controlled substance test with a verifIed positive test result. APPEALS PROCEDURE (a) Concerning disciplinary actions taken pursuant to this City of Farmington Policy implementing the Federal Omnibus Transportation Employee Testing Act and related regulations, available appeal procedures are as follows: (1) Temporary Employees. Temporary employees as defmed in the City of Farmington Personnel Policy Manual shall have no right to appeal. (2) Non-Veterans on Probation. An employee who has not completed the probationary period and who is not a veteran has no right of appeal. (3) Non-Veterans After Probation. A regular employee who has completed the probationary period and who is not a veteran has a right to appeal through the 54 grievance procedure either through the appropriate collective bargaining agreement or through the grievance procedure in the personnel policy manual. (4) Veterans. An employee who is a veteran has a right to appeal to the City Administrator a permanent demotion (including salary decreases), or a discharge, if the employee submits a notice of appeal within sixty (60) calendar days of the action, regardless of status with respect to the probationary period. An employee who is a veteran may have additional rights under the Veterans Preference Act, Minn. Stat. 197.46. (b) All notices of appeal not covered under a collective bargaining agreement must be submitted in writing to the Human Resources Director, City, Hall, 430 Third Street, Farmington, MN, which shall provide an appropriate hearing. (c) An employee who is covered by a collective bargaining agreement may elect to seek relief under the terms of that agreement by contacting the appropriate union and initiating the grievance procedure. GOOD FAITH EFFORT The City of Farmington will make a continuing good faith effort to maintain a drug-free workplace through the implementation of the City of Farmington Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations. This policy implementing the Federal Omnibus Transportation Employee Testing Act is based upon final federal regulations at the time of the adoption of this policy. Any revisions in the federal rules shall take precedence over this policy to the extent that the policy has not incorporated the revised rules. 55 CITY OF FARMINGTON NOTIFICA nON FORM AND CONSENT FOR CONTROLLED SUBSTANCE AND ALCOHOL TESTING I acknowledge that I have seen and read the City of Farmington Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations. I hereby consent to undergo controlled substance and/or alcohol testing pursuant to said policy, and I authorize a collection of a urine and/or breath sample from me for those purposes. I understand that the procedure employed in this process will ensure the integrity of the sample and is designed to comply with medico-legal requirements. I understand that the results of this controlled substance and/or alcohol testing may be discussed with and/or made available to my employer, the City of Farmington. I further understand that the results of this testing may affect my employment status, as described in the policy. Other information relevant to the reliability of, or explanation for, a positive test result (if none, write "none"): Signature Witness Date Date I hereby refuse to submit to a drug or alcohol test. I have seen a copy of the City of Farmington Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations and understand that a refusal to submit to testing may subject me to discipline, including, but not limited to, discharge. Signature Witness Date Date DATA PRIVACY NOTICE The information collected pursuant to this policy is to be used to determine your eligibility for employment and the performance of certain safety-sensitive functions. You are not required to provide the information and submit to the tests, but your failure to do so will result in the City withdrawing a conditional job offer or that you may be discharged from employment, whichever may apply. The results of the tests performed will be private data and will not be released to other employers, governmental agencies, or persons without written consent of the employee tested, except as provided by regulation and law or pursuant to a court order. Only those individuals with a necessity to perform their functions under this policy will have access to the test results. 56 Section 3.15 - Drug and Alcohol Testing Policy The City of Farmington recognizes that safety problems are created when employees use or abuse illegal drugs and/or alcohol. The City is concerned about providing a safe workplace for its employees with the goal of attaining and maintaining a drug and alcohol free workplace. Therefore, the City has established the following policy on drugs and alcohol that will conform to the requirements of State Law set forth in Minnesota Statutes Chapter 181 and the Federal Drug-Free Workplace Act of 1988. In the event that the provisions in this section conflict with the Federal Omnibus Transportation Employee Testing Act, the Federal Act shall prevail. DEFINITIONS: Alcohol: means ethyl alcohol. Confirmatory Test and Confirmatory Retest: means a drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minn. Stat. 181.953 Subd. 1. Drug: means a controlled substance as defmed in Minn. Stat. 152.01, Subd. 4. Drug and Alcohol Testing: "drug or alcohol testing" and "drug and alcohol test" mean analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. 181.953, Subd. 1 for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. . Drug Paraphernalia: has the meaning set forth in Minn. Stat. 152.01, Subd 18. Employee: means a person, independent contractor, or person working for an independent contractor who performs services for the City of Farmington for compensation, in whatever form. Employer: means the City of Farmington acting through its City Administrator or a designee of the City Administrator. Initial Screening Test: means a drug and/or alcohol test which uses a method of analysis under one of the programs listed in Minn. Stat. 181.953, Subd. 1. Job Applicant: means a person, who applies to become an employee of the City of Farmington, and includes a person who has received a job offer made contingent on the person passing drug and alcohol testing. Positive Test Result: means a fmding of the presence of drugs, alcohol, or their metabolites in the sample tested in the levels contained in the standards of one of the programs listed in Minn. Stat. 181.953, Subd. 1. 57 Reasonable Suspicion: means a basis for forming a belief based on specifIc facts and rational inferences drawn from those facts. Safety-Sensitive Position: means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person; all sworn and non-sworn personnel, excluding clerical employees, in the Farmington Police Department are safety- sensitive positions. Under the Influence: means having the presence of a drug or alcohol at or above the level of a positive test result. Valid Medical Reason: means (1) written prescription, or an oral prescription reduces to writing, which satisfIes the requisites of Minn. Stat. 152.12, and names the employee as the person for whose use it is intended; and (2) the drug was prescribed, administered and dispensed in the course of professional practice by or under the direction and supervision of a licensed doctor, as described in Minn. Stat. 152.12; and (3) the drug was used in accordance with the terms of the prescription; and (4) over-the-counter medication was used in accordance with the terms of the products directions. CITY RULES: 1) No employee shall be under the influence of any drug or alcohol while the employee is working or while the employee is on City premises or operating City vehicles, machinery, or equipment, except to the extent authorized by a valid medical prescription. 2) No employee shall use, possess, manufacture, distribute, dispense, sell or transfer drugs, alcohol or drug paraphernalia while the employee is working or while the employee is on the City's premises or operating City vehicles, machinery or equipment, except pursuant to a valid medical prescription or when engaged in approved law enforcement activity. 3) An employee shall notify the City in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction. The City shall notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. CITY DRUG AWARENESS PROGRAM: The City does provide an Employee Assistance Program to aid and assist City employees who are in need or have been referred for counseling and rehabilitation. Employees are encouraged to utilize the services of the Employee Assistance Program by contacting: HealthPartners Resources for Living (800) 561-2259. PERSONS SUBJECT TO TESTING: No person will be tested for drugs or alcohol under this policy without the person's consent. The City will request or require an individual to undergo drug or alcohol testing only under the circumstances described in this policy. CIRCUMSTANCES FOR DRUG OR ALCOHOL TESTING: 58 1) Job applicants: Job applicants for regular full-time, part-time and seasonal/temporary positions will be required to undergo drug testing after a job offer has been conditionally made and before commencing employment in the position. 2) Reasonable suspicion testing: The City may request or require an employee to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: a) is under the influence of drugs or alcohol while the employee is working or while the employee is on the City's premises or operating City vehicles, machinery, or equipment: or b) used, possessed, sold or transferred drugs, alcohol or drug paraphernalia while the employee is working or while the employee is on City premises or operating City vehicles, machinery, or equipment; or c) has sustained a personal injury as that term is defIned in Minnesota Stat. 176.011, Subd. 16, or has caused another person to die or sustain a personal injury; or d) has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident resulting in total property damage exceeding $1,000; or e) has discharged a fIrearm other than (a) on a target range, or (b) while conducting authorized ballistics tests, or (c) as authorized by the Farmington Police Department. 3) Other Testing: The City may permit an employee who has requested a drug and alcohol test to undergo testing in accordance with the procedures established by this policy or by State or Federal Law. 4) Treatment Program Testing: The City may request or require an employee to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period of up to two (2) years following completion of any prescribed chemical dependency treatment program. REFUSAL TO UNDERGO TESTING: 1) Job applicants: If ajob applicant refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. 2) Employees: If any employee refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the Human Resources Director shall recommend to the City Administrator that the employee be discharged from employment on the grounds of insubordination. 3) Refusal on religious grounds: No employee or job applicant who refuses to undergo drug or alcohol testing of a blood sample upon religious grounds shall be deemed to have refused unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. PROCEDURE FOR TESTING: 1) Notification form: Before requesting an employee or job applicant to undergo drug or alcohol testing, the City shall provide the individual with a form on which to (1) acknowledge that the individual has 59 seen a copy of the City of Farmington drug and alcohol testing policy, and (2) indicate consent to undergo the drug and alcohol testing. 2) Test sample: The test sample shall be obtained in a private setting, and the procedures for taking the sample shall ensure privacy to employees and job applicants to the extent practicable, consistent with preventing tampering with the sample, and may include a witness. No test sample shall be taken on the City's premises and the test sample shall not be taken by the City of Farmington employees. 3) Identification of samples: Each sample shall be sealed into a suitable container free of any contamination that could affect test results. The sample shall be identified for processing by the licensed testing laboratory. 4) Chain-of-custody: The City shall use a testing laboratory which has established reliable chain-of- custody procedures to ensure proper recordkeeping, handling, labeling, and identifIcation of the samples to be tested. The procedures must require the following: a) possession of a sample must be traceable to the employee from whom the sample is collected, from the time the sample is collected through the time the sample is delivered to the laboratory; b) the sample must always be in the possession of, must always be in view of, or must be placed in a secured area by a person authorized to handle the sample. c) a sample must be accompanied by a written chain-of-custody record; and d) individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain-of-custody record at the time of transfer. 5) Laboratory: All drug and alcohol testing shall use the services of a testing laboratory licensed by the Commissioner of Minnesota's Department of Health or qualifying under the transitional laboratory requirements set forth in Minn. Stat., however, no test shall be conducted by a testing laboratory owned and operated by the City of Farmington. 6) Retention and storage: All samples that produced a positive test result shall be retained and properly stored for at least six (6) months. 7) Test report: The testing laboratory shall prepare a written report indicating the drugs, alcohol, or their metabolites tested for and whether the test produced negative or positive results. The testing laboratory shall disclose that report to the City within three (3) working days after obtaining the fmal test results. 8) Notice of test results: Within three (3) working days after receipt of the test result report from the testing laboratory, the City shall inform an employee or job applicant who has undergone drug or alcohol testing in writing of a negative test result on an initial screening test or of a negative or positive test result on a confIrmatory test. The City shall also inform an employee or job applicant of the following rights pursuant to Minnesota Stat. 181.953: a) The right to request and receive from the City a copy of the test result report. b) The right to request within fIve (5) working days after notice of a positive test result a confIrmatory retest of the original sample at the employee's or job applicant's own expense. If a confIrmatory retest is conducted in accordance with Minn. Stat. 181.953, Subd. 1 by a licensed laboratory at the same threshold detection levels as used in the confIrmatory test, and the confIrmatory retest does not result in a positive test result, the City shall reimburse the employee or job applicant the actual cost ofthe confIrmatory retest in an amount not to exceed $100.00. 60 c) The right to submit information to the City within three (3) working days after a notice of a positive test result to explain that result including disclosure of prescription and/or over-the- counter medications the individual is currently taken or has recently taken. d) The right of an employee for whom a positive test result on a confirmatory test was the fIrst such result on a drug or alcohol test requested by the City not to be discharged unless the City has fIrst given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program. Participation in a counseling or rehabilitation program will be at the employee's own expense or pursuant to coverage under an employee's benefIt plan. The City may determine which type of program is more appropriate for the employee after consultation with a certifIed chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. The employee may be discharged if he/she has either refused to participate in the counseling or rehabilitation program, or has failed to successfully complete the program. Withdrawal from the program before its completion or a positive test result on a confIrmatory test after completion of the program will be considered evidence that the employee failed to successfully complete the program. e) The right to be reinstated with back pay if the outcome of the confIrmatory test or requested confIrmatory retest is negative. t) The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the City concerning the reliability of, or explanation for, a positive test result unless the employee or job applicant was under an affIrmative duty to provide the information before, upon, or after hire. g) The right to access the information in the employee's personnel ftle relating to positive test result reports and other information acquired in the drug and alcohol testing process including conclusions drawn from and actions taken based on the reports or other acquired information. h) The right of an employee or job applicant, who has received a job offer made contingent on the applicant passing drug and alcohol testing, to not have the offer withdrawn based on a positive test result from an initial screening test that has not been verified by the confIrmatory test. ACTION AFTER TEST: 1) Job applicants: The Human Resources Director will not withdraw an offer of employment made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening that has not been verified by a confIrmatory test. Where there has been a positive test result in a confIrmatory test and in any confIrmatory retest, the Human Resources Director will withdraw the contingent offer of employment if the City determines in accordance with the Minnesota Human Rights Acts that alcohol or drug abuse or usage: (1) prevents the job applicant from performing the essential functions of the job in questions; or (2) constitutes a direct threat to property or the safety of others; or (3) otherwise constitutes a bona fIde occupational qualifIcation. 2) Employees: The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test that has not been verifIed by a confIrmatory test. Where there has been a positive test result in a confIrmatory test and in any confIrmatory retest, the City may do the following: a) First Positive Test Result: Give the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The city through its Employee Assistance Program may determine which program is more appropriate after consultation with a certified chemical use counselor or physician trained in the diagnosis and 61 treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the employee's own expense or pursuant to coverage under the employee's own benefIt plan. If the employee refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confIrmatory test after completion of the program and alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fIde occupational qualifIcation, the Human Resources Director will recommend to the City Administrator that the employee be discharged from employment. b) Second Positive Test Result: Where alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fIde occupational qualifIcation, the Human Resources Director will recommend to the City Administrator that the employee be discharged from employment. c) Suspensions and transfers: Notwithstanding any other provisions herein, the City may temporarily suspend the tested employee with pay for up to ninety (90) days or transfer that employee to another position (if available) at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the City believes that it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public. d) Other misconduct: Nothing in this policy limits the right of the City to discipline or discharge an employee on grounds other than a positive test result in a confirmatory test, including conviction of any criminal drug statute for a violation occurring in the workplace. DATA PRIVACY The City will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another employer or to a third party individual, governmental agency, or private organization without the written consent of the employee tested, unless permitted by law or court order. RIGHTS OF EMPLOYEES An employee has a right to offer the City a written explanation of a positive test result on a confIrmatory test within three (3) working days after notice of the positive test result, and has a right to request within five (5) working days after notice of a positive test result a confIrmatory retest of the original sample at another licensed testing laboratory at the employee's or job applicant's own expense. APPEALS PROCEDURE 1) Concerning disciplinary actions taken pursuant to this drug and alcohol testing policy, available appeal procedures are as follows: a) Temporary employees, as defmed by the City of Farmington, shall have no rights of appeal. b) Non-veterans on probation: An employee who has not completed the probationary period and who is not a veteran has no right of appeal. c) Non-veterans after probation: A regular employee who has completed the probationary period and who is not a veteran has a right to appeal to the City Administrator no later than fIfteen 62 (15) calendar days of the action, or the employee may utilize the grievance procedure included in the applicable collective bargaining agreement. d) Veterans: An employee who is a veteran has a right to appeal to the City Administrator a permanent demotion (including salary decreases), or a discharge, if the employee submits a notice of appeal within sixty (60) calendar days of the action, regardless of status with respect to the probationary period. An employee who is a veteran may have additional rights under the Veterans Preference Act, Minnesota Stat. 197.46. 2) All notices of appeal not covered under a collective bargaining agreement must be submitted in writing to the Human Resources Director, City, Hall, 430 Third Street, Farmington, MN, which shall provide an appropriate hearing. 3) An employee who is covered by a collective bargaining agreement may elect to seek relief under the terms of that agreement by contacting the appropriate union and initiating grievance procedures in lieu of taking an appeal to the City Administrator. GOOD FAITH EFFORT The City of Farmington will make a continuing good faith effort to maintain a drug-free workplace through the implementation of its Drug and Alcohol Testing Policy. 63 CITY OF FARMINGTON NOTIFICATION FORM AND CONSENT FOR DRUG AND ALCOHOL TESTING I acknowledge that I have seen and read the City of Farmington Drug and Alcohol Testing Policy. I hereby consent to undergo drug and/or alcohol testing pursuant to said policy, and I authorize a collection of a urine, blood and/or breath sample from me for those purposes. I understand that the procedure employed in this process will ensure the integrity of the sample and is designed to comply with medico legal requirements. I understand that the results of this drug and alcohol testing may be discussed with and/or made available to my employer, the City of Farmington. I further understand that the results of this testing may affect my employment status, as described in the policy. Other information relevant to the reliability of, or explanation for, a positive test result (if none, write "none"): Signature Witness Date Date I hereby refuse to submit to a drug or alcohol test. I have seen a copy of the Drug and Alcohol Testing Policy of the City and understand that a refusal to submit to testing may subject me to discipline including, but not limited to, discharge. Signature Witness Date Date DATA PRIVACY NOTICE The information collected pursuant to this Policy is to be used to determine your eligibility for employment and the performance of certain safety sensitive functions. You are not required to provide the information and submit to the tests, but your failure to do so will result in the City not considering your application for employment, withdrawing a conditional job offer made, or recommending that you be discharged from employment, whichever may apply. The results of the tests performed will be private data and will not be released to other employers, governmental agencies, or persons without written consent of the employee tested, except as provided by regulation and law or pursuant to a court order. Only those individuals with a necessity to perform their functions under this policy will have access to the test results. 64 Section 4 - Employment Section 4.1 - Job Posting and Recruitment Recruitment: The Human Resources Department manages the recruitment process for all regular full-time and part-time positions and seasonal positions to ensure compliance with state and federal laws and City personnel practices. This includes approving all job postings, advertisements, placing of job advertisements; addendum's to the application and other recruitment materials. The Human Resources Director or designee will meet with the appropriate supervisor(s) and/or Department Director to determine the best methods for recruiting. All advertisements will include job title, the nature of work to be performed, how to apply, the closing date for receiving applications, and any other pertinent information including the statement "EOE" which conveys the City's commitment to equal employment opportunity Promoting or Transfers from Within: The City encourages promotion from within existing employee ranks whenever possible. However, the Human Resources Department will determine if a vacancy will be fIlled through an open recruitment or by promotion, transfer or some other method. This determination will be made on a case-by-case basis. Promotional opportunities, when offered to existing employees, will be on a competitive basis. Occasionally an employee will apply to transfer to a vacant position. Transfers, like promotions are offered to regular employees on a competitive basis. This does not preclude the City from recruitment and/or selection of applicants outside the City of Farmington. This policy is not a waiver of job relevant qualifIcations for the position, nor is it a guarantee of transfer to existing employees. The City has the right to make all fmal hiring decisions based on qualifIcations, abilities, experience, and City needs. Application Forms: Applicants must complete the City Application for Employment form and return it to the Human Resources Office (reasonable accommodation will be made). Applicants may be required to submit certificates from educational and training institutions, military discharge information, physical ability information, and reasonable proof of any statements made on the application. Other materials in lieu of a formal application may be accepted in certain recruitment situations as determined by the Human Resources Department. Supplemental questionnaires may be required in certain situations. All candidates must complete and submit the required application materials by the posted deadline, in order to be considered for the position. The deadline for application may be extended by the City. Unsolicited applications will be kept on file for a period of six (6) months. 65 Pre-Employment Medical Exams: The Human Resources department 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. When a pre-employment medical exam is required, it will be required of all candidates who are fmalists 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 Human Resources department that a candidate either is or isn't medically able to perform the essential functions of the job, with or without accommodations and whether the candidate passed a drug test, if applicable. If the candidate requires accommodation to perform one or more of the essential functions of the job, the Human Resources department will confer with the physician and candidate regarding reasonable and acceptable accommodations. Ifa candidate is rejected for employment based on the results of the medical exam, he/she will be notifIed of this determination. 66 Section 4.2 - Employment Selection and Background Checks. The City of Farmington selects the best qualifIed person for each available position from among applicants who have proper qualifIcations. Evaluation of qualifIcations is based solely on job-related criteria. In no case is selection based on race, color, sexual orientation, gender, marital status, political affiliation or any other factor not related to the duties and responsibilities of the position. Selection: The Human Resources Department manages the selection process to assure compliance with state and federal laws as well as City of Farmington personnel practices. This includes reviewing applications, approving training and experience rating forms, reviewing interview questions, written exercises and any other selection process prior to its being used. The Human Resources Director or designee will meet with the appropriate supervisor(s) and/or Department Director(s) to determine the best selection process for open positions. Disqualification of Applications: The Human Resources Director, Supervisor, and/or Department Director may disqualify any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Additionally, applications will be disqualifIed at any time if the applicant fails to appear at the place and time for an interview or examination or if the application has been on ftle for longer than 6 months. False Information: Any applicant who gives false, fraudulent or misleading information on an application form, cheats on an examination, or falsifIes a statement, certifIcate, or evaluation will not be considered for employment. Reference Checks: The City conducts reference checks prior to making a job offer for all regular employees. This may include inquiries into all statements contained on the application for employment or made during the selection process. Background Checks: The City conducts background checks at the fmalist stage or after a conditional job offer has been made for all positions. This may involve a computerized history check through the State of Minnesota or Dakota County to insure there are no relevant felony, gross misdemeanor, or misdemeanor convictions, a warrant check to insure there are no warrants for arrest, and a driver's license check to insure that the applicant has a valid driver's license and the status of their driving record (if applicable). Except where already defmed by state law, the Human Resources Department will determine the level of background check to be conducted based on the position being fIlled. If something in the applicant's background 67 makes them ineligible for employment, the City will withdraw the job offer at that time. Background checks are typically conducted by the Police Department per City Ordinance. Selection Decision: The City shall make hiring decisions based on qualifIcations, job knowledge, abilities, experience, and City needs. Offers of conditional employment shall be made by the Human Resources Department, with the terms of employment made in writing to the candidate including rate of compensation, effective date of hire, job title, probationary requirement, notice of drug and alcohol testing, etc. The Human Resources Director shall make an administrative recommendation that will be forwarded to the City Council for ratifIcation of the appointment. Veteran's Preference: The City complies with veteran's preference requirements in its selection procedures in accordance with State and Federal Statutes. To evaluate the merit and qualifIcations of the applicants, criteria will be established for each such position. The criteria established must be capable of being reduced to a 100- point rating system. A 100-point system must be applied to all positions of City employment except for those positions specifically exempted from the Veterans' Preference Act, Minn. Stat. ~ 43A.11, by Minn. Stat. ~ 197.46. In accordance with Minn. Stat. ~ 43A.11 and Minn. Stat. ~ 197.455, a credit of fIve points will be added to a veteran's rating at the election of the veteran so long as the City position being sought is not exempted from veterans' preference by Minn. Stat. ~ 197.46. The receipt of the credit is conditional on the veteran obtaining a passing rating under the criteria and 100-point system established for the position without the addition of the credit points. In accordance with Minn. Stat. ~ 43A.11 and Minn. Stat. ~ 197.455, a credit often points will be added to a disabled veteran's rating at the election of the disabled veteran so long as the City position being sought is not exempted from veterans' preference by Minn. Stat. ~ 197.46. The receipt of the credit is conditional on the veteran obtaining a passing rating under the criteria and 100-point system established for the position without the addition of the credit points. Personal Action Form: An approved employment decision is submitted to the Human Resources Director on a Personnel Action Form (PAF), signed by the appropriate Department Director. The PAF provides the Human Resources Director with authority to enroll the new employee in benefIt programs and issue pay checks. Contacting Unsuccessful applicants: The City will attempt to notify every applicant of the employment decision. This will be done through the Human Resources Office. 68 Section 4.3 - New Employee Orientation New employees are provided orientation and training covering job duties, pay, benefIts, safety, personnel policies, and department work procedures. Orientation is essential for assuring that new employees fully understand what is required of them and what they can expect as a City employee. Orientation: On the fIrst day of employment, new employees will meet with Human Resources to: 1. Fill out all new hire forms 2. Learn about and enroll in benefIt programs 3. Review administrative policies 4. Be provided with other information pertinent to employment with the City. The immediate supervisor will be responsible for introducing all new employees to their department. This includes: 1. Tour of department and introductions 2. Discussing job duties, expectations and work rules 3. Showing work areas 4. Demonstrating equipment 5. Reviewing safety procedures 6. Discussing work hours, breaks and lunch 7. Discussing procedures for requesting time off 8. Reporting absences and tardiness 9. Telephone and Computer procedures 10. Time sheets 11. Parking 12. Other information important to the employee 69 70 Section 4.4 - Probationary Period The probationary period is regarded as an integral part of the hiring process and is used for evaluating an employee's work performance, allowing the employee to adjust to a new position, and for dismissing any employee who is not capable of meeting minimum performance standards. Employees remain "at will" both during and following the probationary period. The City requires all regular employees to serve a probationary period of employment whether it is for a new position, a promotion, a transfer, or a demotion. During this time, employees have the opportunity to show their ability to meet the standards of work performance while they get to know the job and co- workers. Length of Probation: All newly hired or promoted regular, full-time employees will serve a six (6) month probationary period, with the exception of police officers who shall serve a one (1) year probationary period. All newly hired or promoted regular part-time employees shall serve a probationary period equal to one thousand, forty (1040) hours. Probation for an individual employee may be extended up to an additional six (6) months by the City Administrator upon recommendation by the Department Director and the Human Resources Director. In addition, probationary periods may be extended by absences from work such as an unpaid leave of absence. Completion of Probation: Employee performance is evaluated throughout the probationary period. Informal discussions and a formal performance evaluation are scheduled to reinforce good performance and discuss areas that need improvement. Prior to completion of the probationary period, the .supervisor and/or Department Director must review the performance of the probationary employee and notify the Human Resources Director of their recommendation to retain or dismiss an employee. The employee will automatically become a regular employee if no recommendation to the contrary is submitted. A performance evaluation is done upon completion of an employee's probationary period and a Personnel Action Form submitted to Human Resources, confirming the successful completion of the probationary period and change in status which is retained in the employee's personnel ftle. Termination during Probation: If it becomes apparent that an employee is not capable of meeting minimum performance standards, employment may be terminated prior to the end of the probationary period at the discretion of the City. If an employee is unable to meet the minimum performance standards, the supervisors should consult the Human Resources Director as soon as possible regarding termination procedures. 71 72 Section 4.5 - Discipline The City of Farmington requires standards of conduct and behaviors which best ensure quality, cost effective, and responsive local government services. Whenever the work habits, productivity, or personal conduct of an employee falls below a desirable standard, the supervisor should speak to the employee at the time the offending behavior is observed and communicate the types of actions necessary to correct any defIciencies. The objective of this policy is to establish a standard disciplinary process for all employees of the City of Farmington. City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required, including observance of work rules, standards of conduct and applicable City policies. Human Resources Director: The Human Resources Director should be used as a resource and should be contacted by the supervisor and/or Department Director prior to implementing any discipline. Equal Opportunity Employment: Discipline may not result in discrimination based on race, color, creed, religion, national origin, sex, marital status, sexual orientation or identity, disability, age, status with regard to public assistance or veteran status. Process: Disciplinary action for violating basic rules of conduct, policies, procedures or practices, or unsatisfactory job performance, may result in verbal reprimand, written reprimand, paid or unpaid suspension, demotion, or immediate termination of employment. These disciplinary measures do not constitute an exclusive list of possible actions and action may be taken in any order. Examples of conduct warranting discipline includes, but is not limited to, the following: 1. Incompetence, inefficiency, or gross neglect in the performance of duties including sleeping or inattention on the job and chronic absenteeism including failure to comply with work rules. 2. Dishonesty in the performance of duties including falsifying personnel records, time sheets or other City records. 3. Carelessness and/or negligence in the handling or control of municipal property or property entrusted to the employee of the City. 4. Theft or intentional destruction of City property or another employee's property. 5. Making threats or violence against a co-worker (including the provoking of or instigating a fight during working time or on the City premises). 6. Possession of fIrearms or other weapons in a City vehicle or while on the employer's premises, except for sworn police officers or other City employees acting within the scope of their employment. 7. Sexual harassment or other offensive behavior. 8. Soliciting political contributions from municipal employees, and engaging in political activities on or with City property and/or on City time. 73 9. Conviction of a criminal offense. 10. Immoral or indecent conduct while on duty. 11. Actions, conduct or behaviors in personal life which negatively impact the employee's ability to perform the essential functions of his/her job responsibility, i.e. loss of vehicle license which prevents the employee from performing essential duty functions. 12. Reporting for work and/or working while under the influence of alcohol, drugs, or other controlled substance; and/or any violations of the Drug & Alcohol Testing Policy. 13. The use of offensive conduct or language toward the public, municipal officers, or employees. 14. Inducing or attempting to induce a person, officer or employee of the City to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order. 15. Failure to report to work, refusal to work as assigned and directed, or other insubordination, unless such instructions are injurious to the employee's safety or health. 16. Acceptance of a gift under circumstances from which it could be inferred that the giver expected or hoped for preferred or favorable treatment in the conduct of City business. 17. Unapproved use of paid work time, facilities, equipment, and/or City vehicles in outside employment or for personal benefIt or gain. 18. Other incidents which violate any work rules, standard of conduct, City policy or local, state or federal law. The following are descriptions of the types of disciplinary action which the City may take in any order: Verbal Warning: This measure will be used where informal discussions with the employee's supervisor have not resolved the matter. All supervisors have the authority to impose verbal warnings. A verbal warning should be documented using the "Record of Verbal Warning" Form. Written Reprimand: A written reprimand is more serious and may follow a verbal reprimand when the problem is not corrected or the behavior has not consistently improved in a reasonable period of time. Supervisors, in consultation with the Department Director, have the authority to impose written reprimands. Suspension: The City Administrator, or the Department Director with the concurrence of the City Administrator and Human Resource Director, may suspend an employee with or without pay. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans. QualifIed veterans will not be suspended without pay in conjunction with termination. Termination: The City Administrator, upon review of past disciplinary action taken, if any, and in consultation with the Department Director and the Human Resources Director, may recommend termination of an employee subject to ratifIcation by the City Council. 74 If the disciplinary action involves the removal of a qualified veteran, the appropriate hearing notice will be provided and all rights will be afforded the veteran in accordance with Minnesota Law. Other Disciplinary Action: The City Administrator, or the Department Director with the concurrence of the City Administrator and the Human Resources Director, may use some other form of discipline action such as involuntary demotion, forced transfer to a comparable position, or withholding a salary increase in lieu of a suspension or termination. Disciplinary Action Notices: Disciplinary action notices should be written and include the following: 1. A written memo explaining: . The nature of the violation. . The summary of all the previous steps of discipline (if any). . The effective date of the action. . The consequences of a repeat violation or continuing inappropriate behavior. . In cases of termination, procedures for termination. 2. The employee should sign a photocopy of the notice acknowledging that they have received the original copy. This does not mean that the employee agrees with the disciplinary action, only that they have received the notice. 3. The employee's written response to the disciplinary action (if any). 4. Forward the signed photocopy of the disciplinary action notice to Human Resources to be placed in the employee's personnel fIle. 5. In the event of a demotion, forced transfer or termination, complete a Personnel Action Form authorizing the action. Demotions and transfers are required to complete a probationary period. For additional information on probationary periods, see the Probationary Policy. Veterans' Preference Act Exception: Notwithstanding the possible disciplinary actions listed in this handbook, no City employee who is a veteran as defmed by Minn. Stat. ~ 197.447 may be removed from City employment, except in accordance with and as provided by Minn. Stat. ~ 197.46. Grievances: The employee has the right to file a grievance in accordance with a Collective Bargaining Agreement. 75 Responsibility for Documentation: Documenting the disciplinary process is the supervisor's responsibility. Files should be accurate and up- to-date. The Human Resources Director shall oversee the administration of the disciplinary process and shall be consulted to ensure compliance with the disciplinary process. 76 Section 4.6 - Nepotism The purpose of this policy is to set forth the defInition and conditions of the employment of relatives of City employees. It is intended that this policy shall protect both the employees and the City from unfounded accusations of favoritism. Policy An applicant related to any elected or appointed official or employee will not be considered for employment or volunteer work in a department or work situation where the relative would also be employed if it would result in a conflict of interest. The words "related" or "relative" for the purpose of this policy will mean: parent, step-parent, child, step-child, siblings, step-siblings, mother-in-law, father- in-law, brother-in-law, sister-in-law, grandparents or grandchild. Conflict of interest means: 1) Where one employee will supervise, evaluate, or participate in disciplinary action affecting a relative. 2) Where one employee will be responsible for auditing the work of another relative. . 3) Where confidentiality of the City would be compromised. 4) Where circumstances exist which would place a relative in a situation of actual or foreseeable conflict between the City's interests and the relative's interest. 5) Where the employment of a relative of a policy level employee of an organization with whom the City deals would give the appearance of improper influence or favor. Promotions or transfers of a relative which would result in a conflict of interest will not be acted upon until the conflict is satisfactorily resolved. This policy shall not apply to marital status, as protected under the Minnesota Human Rights Act, except where the City determines that application of the policy constitutes a bona fIde occupational qualification. 77 78 Section 4.7- Credit Card Use The purpose of this policy is to establish the procedure for the purchasing goods and services using a credit card issued in the City's name. The contents of this policy are consistent with the authority and restrictions specifIed in state law (M.S. 471.382). Guidelines The City credit card is intended for purchases needed for City operations. Efficiencies gained through the use of credit cards are: . Less time required at the point of sale with retailers. . Purchases may be made over the internet, resulting in lower costs. . Reservations can be made and held with travel and hospitality vendors. . The total number of checks written is reduced. The Finance Director will determine which personnel will be assigned credit cards. Credit cards will be issued only when it is clear that they will create efficiencies in the normal purchasing process. Each card issued will bear the name of the City of Farmington and the individual cardholder. The employee whose name is on the card is responsible to ensure proper use and accounting for the credit card. The City credit card (not a personal card) should be used for any City business requiring the use of a credit card. It is the responsibility of the individual cardholder to: 1. Ensure that no one else uses the card without their express knowledge or approval. 2. Ensure that the card is used only for legitimate City business expenditures in accordance with the cardholder's job duties. Personal charges incurred as a part of travel costs can be included and later reimbursed to the City. 3. Ensure that City purchasing guidelines with respect to quotations and bids are followed. 4. Maintain all supporting documentation associated with credit card purchases (receipts, confIrmations, purchase orders etc.) with expenditures properly coded and approved by the department. Deliver such documentation to the Finance Department - Accounts Payable as soon as feasible, but no . later than the 15th of the month. Documentation must be available to match to the credit card statement for the appropriate month. 5. Contact the Finance Department (or the Credit card company during off hours) immediately, if the card is lost or stolen. 6. Any personal charges on the card either made inadvertently or as part of travel expenses must be reimbursed to the City at the time the documentation is submitted to the Finance Department. Credit limits will be established by the Finance Director for each cardholder on an individual basis and will be programmed into the card. Cash withdrawals WILL NOT be allowed with the cards. The 79 employee shall be personally and fmancially responsible for any improper or unauthorized use of the credit card, as specified in Minnesota Statutes 471.382. Administration The Finance department will administer the issuance of cards and compliance with the above policies and procedures. Policy violations will result in the cancellation of an individual card. Intentional or negligent misuse of a City credit card will be subject to disciplinary action, up to and including dismissal and/or garnishment of wages if necessary to recover City funds. Cards must be returned to the City at time of separation. 80 Section 5 - Attendance and Leaves of Absence Section 5.1 - Working Hours, Attendance and Break Periods The City of Farmington establishes working hours as required for the efficient,management of personnel services. Typical office hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. For employees in the Public Works area typical work hours are 7:00 a.m. to 3:30 p.m., Monday through Friday. Work hours may vary and include evenings and weekends depending on the position, season and department. Lunch breaks must be scheduled in such a manner as to ensure continuity of service and should be scheduled so that a department is not left unattended during normal business hours. Prompt and convenient customer service shall be the main consideration at all times. The regular work week consists of forty (40) hours, plus a !h hour each day of non-compensable time for lunch. Each employee's job is important and regular attendance is mandatory. Employees are expected to work the normal hours and minimum number of hours per week as established for their position by their respective department heads. Service to the public may require the establishment of work schedules other than the normal 8:00 a.m. to 4:30 p.m. work day or the normal Monday through Friday work week. Whenever practical, the City will give seven (7) days' notice to employees when a change in shift is to occur. In the event that work is required because of unusual or emergency circumstances, no advance notice need be given. Lunch and Rest Breaks The City of Farmington provides two separate rest breaks during each work day, plus a Y2 hour per day of non-compensable time for lunch. If the work day exceeds eight (8) hours, rest breaks are usually scheduled at the rate of one break for each four (4) hours worked over the normal work day. Regular part- time employees are provided with one rest break for each four (4) hours of work time per day. Rest breaks are limited to 15 minutes each and are to be taken at the job site when circumstances permit. Department heads are responsible for adopting any departmental rules specifIcally addressing such breaks There are operational requirements within the City that do not afford an employee time away from their respective work areas (Le., Liquor Stores and Arena). Consequently, staff is typically required to perform their job duties during the course of a rest break as circumstances warrant. Therefore, these lunch breaks shall be compensated as part of a regular eight (8) hour shift. Procedure Employees are required to notify their supervisor as determined by department policy, or no less than thirty (30) minutes from their normal starting time, if they are unable to come to work or if they will be late for work. Failure to use established reporting process will be grounds for disciplinary action. Employees who are absent for 3 days or more and who do not report the absence in accordance with the terms of this policy will be considered to have voluntarily resigned not in good standing. 81 In general, the length of the workday cannot be shortened by eliminating rest breaks or lunch periods. In special circumstances, Department Directors have the authority to authorize this on an occasional basis as long as regular department operations remain unaffected. Limited Flex Time Department Directors are authorized, but not required, to approve flex-time scheduling for employees under the following conditions: 1) Office Hours must be maintained for the general public between the hours of 8:00 a.m. and 4:30 p.m. 2) There is no signifIcant effect on the efficiency of the department. 3) Departments continue to provide high quality customer service to citizens. 4) The regular work schedule for office employees does not begin before 7:00 a.m. nor extend later than 6:00 p.m. Nursing Mothers To ease the transition of mothers returning to work following the birth of a child, lactation accommodation will be provided for nursing mothers. Accommodations Provided. For up to a year following the birth of a child, nursing employees will be provided break time to express milk during the workday. The employee will be allowed a reasonable break time whenever she has the need to express milk throughout the day. Employees must bring their own container, but may store their milk in a refrigerator located in City Facilities. Pay Issues. Breaks to express milk will not be paid. Employees may use normal break and lunch periods to accommodate their nursing needs. However if the breaks needed exceed standard daily break time, then the employee must use personal time. Speak with your supervisor when returning from maternity leave. Your supervisor will work with you to accommodate your break schedule as needed, knowing that your breaks may differ on a day to day basis. 82 Section 5.2 - Exempt Employees Paid Leave and Flexible Scheduling The City of Farmington has classified each position as either exempt or non-exempt in accordance with State and Federal employment law. An exempt employee is exempt from overtime and paid for the position responsibilities not for hours worked. The following paragraphs outline the policy and procedure for using accrued leave if you are an exempt non-bargaining employee. Exempt employees within a collective bargaining unit should refer to the appropriate contract language within the collective bargaining agreement. Because exempt employees are paid for the duties they perform, they have more flexibility in their work schedules which affects how paid leave is used. This information is in addition to the procedures that may be outlined in the Vacation and Sick Leave policies. 1) An exempt employee must inform his/her supervisory of any absence. 2) An exempt employee does not have to use accrued leave in the case of partial day absences. 3) An exempt employee must use accrued leave if they will be out of the office for a full day for personal reasons (sick, vacation, PTO). Section 5.3 - Bone Marrow Donation Leave Pursuant to the Minnesota Bone Marrow Donation Leave Act, Minn. Stat. 181.945, employees are eligible for a maximum of forty (40) hours of paid leave to undergo a medical procedure to donate bone marrow. This leave is available to all employees who work an average of twenty (20) hours or more per week. Employees must do the following: 1) Notify their supervisor and the Human Resources Director about the leave; and 2) Provide a medical certification by a physician as to the purpose and length of each leave requested. If it is determined that the employee does not qualify as a bone marrow donor, paid leave granted prior to the medical determination is not forfeited. 83 84 Section 5.4 - Jury or Witness Duty An employee required to serve as a juror in court will continue to receive their regular pay. For paid on- call fIre fighters, jury duty will not be counted in their call attendance percentage. Procedures Such employees will be required to turn over any compensation they receive for jury duty, minus mileage reimbursement, to the City in order to receive their regular wages for the period. Time spent on jury duty will not be counted as time worked in computing overtime. Employees summoned to serve on a jury are to notify their supervisor immediately in order to provide time to make work assignments to cover their duties. Employees excused or released from jury duty during their regular working hours will report to their regular work duties as soon as reasonably possible or will take accrued vacation or compensatory time to make up the difference. Temporary and seasonal employees are generally not eligible for compensation for absences due to jury duty, but can take a leave without pay subject to department head approval. However, if a temporary or seasonal employee is classifIed as exempt, he/she will receive compensation for the jury duty time. Court Appearances Employees will be paid their regular wage to testify in court for City-related business. Any compensation received for court appearances (e.g. subpoena fees) arising out of or in connection with City employment, minus mileage reimbursement, must be turned over to the City. Victim or Witness Leave An employee who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony in a criminal proceeding is entitled to reasonable time off from work without pay to attend criminal proceedings related to the victim's case. The City will also allow a victim of a heinous crime, as well as a victim's spouse or next of kin, reasonable time off from work to attend the criminal proceedings, whether or not the victim/spouse/next of kin is required to testify. Witness duty will be paid as required by law. Section 5.5 - Voting Leave Every employee who is eligible to vote in an election has the right to be absent from work for a reasonable time for the purpose of voting on the day of the election. Elections covered by this section include a regularly scheduled state primary or general election, an election to fIll a vacancy for a u.s. senator or representative, or an election to fIll a vacancy for a state senator or representative. 85 86 Section 5.6 - Family Medical Leave Act (FMLA) Pursuant to the Family and Medical Leave Act (FMLA) of 1993, as revised effective January 2009, the City provides up to 12 weeks of unpaid leave in a 12-month period to eligible employees for specified family and medical reasons. DEFINITIONS: Eligible Employee: To be eligible for FMLA benefIts, an employee must have been employed by the City for at least one (1) year and have worked a minimum of 1,250 hours within the previous 12 month period. Qualifying Event: FMLA leave will be granted to an eligible employee for any of the following reasons: 1) Birth of a child or placement of a dependent child with the employee for adoption or foster care and in order to care for that child; or 2) A serious health condition of the employee (see defmition below); or 3) To care for care for an employee's dependent child, spouse, or parent suffering from a serious health condition. 4) Qualifying exigency leave for families of military member of the National Guard and Reserves when the covered military member is on active duty or called to active duty in support of contingency operation. 5) Military caregiver leave (also known as covered service member leave) to care for an ill or injured service member. Caring: Caring for someone includes psychological as well as physical are. It also includes acquiring care and sharing care duties. Dependent Child: An individual under the age of 18, or 18 years or older but incapable of self-care because of mental or physical disability, or under 20 years old, and still in secondary school that is the legally recognized responsibility of the employee as natural parent, foster parent, or court-appointed guardian. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or medical care facility; or continuing treatment by a health care provider. As a result of this condition, the employee is deemed unable to perform the essential functions of his/her position or prevents the qualifIed family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with: 87 . at least two visits to a health care provider, within 30 days of the fIrst day of incapacity, unless extenuating circumstances exist, whether the fIrst in person treatment takes place within seven days of the first day of incapacity, or . one visit and a regimen of continuing treatment where the in person treatment takes place within seven days of the first day ofincapacity. Qualifying exigency leave for families of military member of the National Guard and Reserves: An employee whose spouse, son, daughter or parent either has been notifIed of an impending call or order to active military duty or who is already on active duty may take up to 12 weeks of leave for a qualifying exigency 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) child care and school activities, 4) fmancial and legal arrangements, 5) counseling, 6) rest and recuperation, 7) post deployment activities and 8) additional activities that arise out of active duty, provided that the employer and the employee agree, including agreement on timing and duration of the leave. Military Caregiver Leave: An eligible employee is entitled to up to twenty-six (26) weeks in a single twelve (12) month period to care for a spouse, son, daughter, parent, or next of kin covered service member with a serious illness or injury incurred in the line of duty on active duty that may render the service member medically unfIt to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. Next of kin is defmed as the closest blood relative of the injured or recovering service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves. Key Employee: An employee who is salaried, and is among the highest paid 10 percent of all salaried and non-salaried employees. In determination of this status, the year-to-date earnings as of the date leave is requested shall be used in the employer's computation. Health Care Provider: A Doctor of Medicine or Doctor of Osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices, including a physician assistant authorized to practice under the state law and performing within the scope of their practice as defmed under state law. Leave Certification Request: The City requires certifIcation for a serious health condition. The employee must respond to such a request within fIfteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certifIcation may result in a denial of continuation leave. Medical certification will be provided using the Department of Labor (DOL) certification forms. If the City fmds a certifIcation to be incomplete or insufficient, the City shall state in writing what additional information is necessary to make the certifIcation complete and sufficient and provide the employee with 7 calendar days to cure any defIciency. If the defIciencies are not cured, the City may deny the taking of FMLA leave. If the employee submits a certifIcation from a foreign health care provider that is in a language other than English, the employee must provide a written translation of the certification upon request of the City at the employee's expense. The City may directly contact the employee's health care provider for verifIcation or clarifIcation purposes using a health care professional, an HR professional, leave administrator or management 88 official. The City will not use the employee's direct supervisor for this contact. Before the City makes this direct contact with the health care provider, the employee will be given an opportunity to resolve any defIciencies in the medical certifIcation. In compliance with HIP AA Medical Privacy Rules, the City will obtain the employee's permission for clarifIcation of individually identifIable health information. If the employee does not authorize the City to contact the employee's health care provider to clarify information, an employer may deny FMLA leave. Recertification: The City may request recertifIcation for a serious health condition no more frequently than every thirty (30) days and only in connection with the absence by the employee, unless the minimum duration of the condition is more than 30 days. RecertifIcation may be requested in less than 30 days if the following circumstances exist: the employee requested an extension of his /her leave, circumstances stated in previous certifIcations have changed signifIcantly, or the City receives information casting doubt on the continuing validity of the employee's certifIcation. Otherwise, the company may request certifIcation for the serious health condition every six (6) months in connection with an employee's absence for an employee requesting intermittent or reduced schedule leave. The City may provide the employee's health care provider with the employee's attendance records and ask whether need for leave is consistent with the employee's serious health condition. Leave Year: Eligible employees are entitled up to 12 unpaid work weeks of leave during any 12 month period. The twelve month period will be measured backwards on a rolling basis from the time the employee uses the leave. For the military caregiver leave, the City will measure the 12 month period as rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of26 weeks available. Length of Leave: Continuous or intermittent describe below. 1) Continuous 12 Week Leave Period: An employee may take up to 12 weeks of continuous unpaid leave, starting from the date of the qualifying event. The employee shall fIrst substitute any accrued vacation, paid sick leave, personal leave and/or any compensatory time with the exception that the employee may retain a total of not more than forty (40) hours of accrued leave before any unpaid leave of absence is granted. This time will be counted as part of the 12 weeks allowed by FMLA. 2) Intermittent 12 Week Leave Period: Upon recommendation by the Human Resources Director and prior approval from the City Administrator, intermittent unpaid leave may be granted to an eligible employee during the 12 month period immediately following a qualifying event when medically necessary. Leave may be taken in increments as small as one hour. The employee must make a reasonable effort to schedule treatments so as not to disrupt the employer's operation. Further, subject to any continuous leave hours being granted, the employee must fIrst use any accrued vacation, compensatory time, personal or sick leave fIrst, before a request for unpaid intermittent leave is considered. If the intermittent leave involved is greater than 20% of the working days during the period over which the leave extends, the City Administrator, upon consultation with the Department Director, may direct that the employee be transferred temporarily to an alternate equivalent position so as to minimize the effects that the leave would cause on the operations of the respective City department. Any such alternate position shall be one for which the employee is qualifIed and shall include the same pay and benefits, and the same terms and conditions of employment as the employee's full-time position. 89 Notice Requirement: In either case of continuous or intermittent unpaid leave, an employee must provide a 30 day notice of the qualifying event to the Human Resources Director or designee. In cases where the qualifying event will occur within 30 days, the employee must provide notice either that same day or the next business day. Notice of need for unforeseeable leave must be given as soon as practicable under the facts and circumstances of the employee's need for the leave, in accordance with the City's requirements for notice of leave. Employees must provide sufficient information for the City to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the City if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employee s also may be required to provide certifIcation and periodic recertifIcation supporting the need for leave. Secondary Medical Opinions: The City Administrator/designee may, at City expense, request a second medical opinion concerning the qualifying event from an employer designated health care provider. Should the fIrst and second opinion differ, the City Administrator/designee may, at City expense, request a third opinion from a health care provider jointly chosen by the City Administrator/designee and the requesting employee. The third opinion will be considered final. The City may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. Key Employee Restoration: The City Administrator may deny restoration of a key employee should a determination be made that restoration would cause the City a "substantial and grievous economic injury" to its operations. Factors in this consideration will consist of whether the City has the ability to temporarily replace the key employee as opposed to hiring a permanent replacement, and then, in addition, having to reinstate the key employee to an equivalent position within the organization. Upon receiving a request from a key employee for leave, Human Resources shall notify the employee of his/her status as a key employee. Married Employees: Unpaid leave of absence for child birth, placement, or for parent care shall be limited to a combined total of 12 weeks, continuous and/or intermittent, for married employees who both work for the city. For leave to care for a covered injured or ill service member, the husband and wife may only take a combined total of 26 weeks of leave. Insurance Continuation: The City will continue to pay the employer's share of the employee's health premium and employee must make arrangements to pay hislher normal portion of the insurance premiums while on unpaid leave, either through payroll deduction or by direct payment to the City. If an employee's contribution is more than thirty (30) days late, the City may terminate the employee's insurance coverage. In addition, the City may recover the City paid premiums if the employee fails to return to work for a reason other than "serious health condition" or circumstances beyond the employee's control. Status of Benefits: An employee on unpaid leave will not accrue vacation or sick time or be eligible for salary increases. Employee's using a combination of paid and unpaid leave, or intermittent unpaid leave, 90 will accrue benefits on a pro-rated basis. Employees using paid leave will continue to accrue benefIts. FMLA leave counts as continued service for purposes of retirement and/or pension plans. Return to Work: For personal medical leave, employees may return to work during or after this leave after providing a fItness for duty certifIcation, if this requirement is provided in the City's designation of leave notice. Employees will be returned to the same position he/she had prior to the leave or to a position equivalent in pay, benefIts, and other terms or employment (if you are a "key employee" restoration to employment may be denied following FMLA leave on the grounds that such restoration will cause substantial and grievous injury to the City). The City may require a medical certifIcate attesting to the employee's fitness for duty prior to return to work. The fItness for duty report must be based on the particular health conditions(s) for which the leave was approved and must address whether the employee can perform the essential functions of his/her regular job. The City may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualifIed disabled" employee under the Americans with Disabilities Act (ADA). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. General Summary: This policy is intended to be a general summary of the law. Each situation will be evaluated on a case by case basis. Leave of Absence Request Procedure: The following procedure shall be used in the administration of an FMLA leave request: I) The Employee must notify the immediate supervisor either verbally or in writing of the need for leave and forward the request to the Human Resources Director or designee. When the leave is foreseeable, the employee must provide notice at least 30 days prior to the effective date of the request. When the leave is not foreseeable, the employee must provide notice either the same day or the next business day. Additionally, when the leave is not foreseeable, the employee must comply with the City's usual and customary notice and procedural requirements for requesting leave. 2) Within fIve (5) business days after the employee has provided notice of the need for this leave, the Human Resources Director or designee will complete and provide the employee with the Department of Labor Notice of Eligibility and Rights. 3) Within fIve (5) business days after the employee has submitted the appropriate certification form, the Human Resources Director or designee will complete and provide the employee with a written response to the employee's request for FMLA leave using the Department of Labor Designation Notice. If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible. 4) The City may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. 5) All information regarding the employees leave will be maintained by Human Resources. 91 92 Section 5.7- Parenting Leave Pursuant to the Minnesota Parental Leave Act, employees who have worked for the City for at least 12 months and an average of twenty (20) or more hours per week may take six (6) weeks unpaid leave upon the birth or adoption of a child. This leave may not begin more than six weeks after the said birth or adoption. Eligible employees must provide at least thirty (30) days written notice to the City of his/her intent to use parental leave and shall determine the length of the leave but said leave may not exceed six (6) weeks. Employees are not required to use paid leave during Parenting Leave but may use paid leave at their option for any period of this leave for which they are unable to work due to medical reasons. 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 in effect during the six (6) week Parenting Leave. This leave shall run concurrent with any parental leave provided by law under FMLA. Section 5.8 - Schools and Conferences Activities Leave Any employee who has worked 20 hours or more for more than twelve consecutive months is eligible for unpaid leave up to a total of 16 hours per 12 month period to attend school conferences or classroom activities related to the employee's child (under 18 or under 20 and still attending secondary school), provided that the conferences or classroom activities cannot be scheduled during non-work hours. When the need for leave is foreseeable, the employee must provide reasonable prior notice and make a reasonable effort to schedule the leave so as not to unduly disrupt departmental operations. Employees may substitute vacation or compensatory time or PTO for any part of the unpaid School Conference or Activity leave. 93 94 Section 5.9 - Bereavement Leave The purpose of funeral leave is to allow employees time off to deal with the emotional impact that occurs when a family member dies, or to be able to support a spouse when a death occurs in the spouse's family. Policy Employees are provided up to a maximum of twenty-four (24) work hours with pay per calendar year for the death of the following employee or spouse family members: Spouse Child Grandparents Grandchildren Parent MotherlFather SisterIBrother Step Parente s )/Step child Additional time off may be taken by the employee with the approval of their supervisor and/or Department Director and charged to sick, vacation or compensatory time. 95 96 Section 5.10 - Military Leave Military leaves of absence and reemployment rights of employees returning from active service with the armed forces shall be subject to applicable federal and state laws. National Guard & Reserves Employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits when engaged in training activities ordered or authorized by the proper authority pursuant to law, whether for state or federal purposes, but not exceeding a total of fIfteen (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. 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. 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. Active Duty The City does not provide compensation to those employees on active duty in the armed forces unless authorized by proper authority pursuant to law. For those employees on active duty, the City will continue to contribute to the cost of group insurance (health, dental, life) at the same level of City contribution as before the employee goes on leave. If there are changes to the City's contribution levels and/or premium rates while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the group insurances they choose to continue. The employee will accrue vacation and sick leave with pay as provided in any applicable policy or collective bargaining agreement from the time he or she enters active military service until the date of reinstatement (unless otherwise determined by the City Administrator). The City will distribute accrued vacation in one of the following options, whichever results in more hours paid to the employee in cash: (1) 50% of the hours accrued during the leave, or (2) any hours over the cap as specifIed in the Employee Handbook or collective bargaining agreement. The accrued leave will be paid to the employee minus required payroll deductions. For employee's eligible for sick leave, sick leave accrued will be placed in the sick leave balance and must be used in accordance with City policy. 97 Reinstatement after Leave Upon return from a military leave of absence, a regular employee shall be reinstated to the employee's former position or to a position of like status and pay, provided that the employee is competent to perform all duties of the position to which he/she is assigned. If the position which the employee formerly held no longer exists, the employee shall be reinstated to a position of like status and pay, provided that it is practical to do so and the employee is competent to perform all the duties of the position to which he/she is assigned. 98 Section 5.11 - Holiday Leave The City of Farmington recognizes eleven days as paid holidays for regular full-time employees and eleven pro-rated holidays for regular part-time employees working not less than twenty (20) per week. Scheduled holidays are: Holidav New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day Floating Holiday* Date January 1 st January - 3rd Monday February - 3rd Monday May - last Monday July 4th September - 1 st Monday November 11th November - 4th Thursday November - 4th Friday December 24th December 25th Employee Choice In order to be eligible for paid holidays, employees must be on compensated payroll status the last scheduled work day preceding the holiday and the fIrst scheduled work day following the holiday. When a holiday falls on a Saturday, the previous Friday is designated as the holiday; when on a Sunday, the following Monday is designated as the holiday. *The floating holiday must be used before the last payroll in December begins. Employees Scheduled to Work on a Holiday The City reserves the right to schedule employees to work on an observed holiday as deemed necessary. Except as otherwise provided under this section, if an employee is required by the City to work on a designated holiday, non-exempt employees shall receive one and one half (1 Y2) times the employee's base pay rate for hours worked in addition to the paid holiday provided that the employee has worked or been on paid leave during the employee's normal work week. Part-time liquor store employees will be paid at one and one half (1 Y2) times for holiday hours worked in lieu of holiday pay. Exempt employees required to work on the designated holiday will be allowed to switch their holiday to another day within the pay period if approved by their Department Director. If an employee is on an unpaid leave of absence during the normal work week and then works a designated holiday during that week, the non-exempt employee shall receive one (1) times the employee's base rate of pay for the designated holiday. 99 100 Section 5.12 - Paid Time Off (PTO) Effective January 1,2012, newly hired employees will receive Paid Time Off (PTO) in lieu of vacation leave and sick leave. . Paid time off (PTO) is an all-inclusive paid time off program that will provide income protection for "no fault" time away from work including illness related absences. PTO is intended to be used for a variety of traditional types of time away from work including but not limited to vacation, illness, personal business, medical appointments, family time, and personal holidays. PTO shall be accrued on a bi-weekly basis. PTO increases with years of service in accordance with the following schedule(s) and is allocated accordingly on a bi-weekly basis. Regular part-time employees scheduled to work 24 hours or more per week will accrue PTO leave on a prorated basis based on regular hours worked. PTO Accrual Schedule: a. 0-5 years b. Start of 6th year c. Start of 10th year d. Start of 15th year 5.846 hours per pay period 7.385 hours per pay period 8.308 hours per pay period 9.231 hours per pay period (19 days) (24 days) (27 days) (30 days) The maximum PTO accrual amount for all full-time employees is three hundred and twenty (320) hours. During the employee's initial probationary period, the employee shall accrue PTO but shall not be eligible for any reimbursement for accrued PTO upon termination or resignation. An employee on unpaid leave status will not accrue PTO. Medical Certification Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor's certifIcation may be required. The physician's certifIcation is to state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of his/her position. A statement attesting to the employee's ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. Returning to Work After a Medical Absence After a medical absence, a physician's statement may be required on the employee's fIrst day back to work, indicating the nature of the illness or medical condition and attesting to the employee's ability to 101 return to work and safely perform the essential functions of the job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return-to-work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. Paid leave may be denied for any employee required to provide a doctor's statement until such a statement is provided. The City has the right to obtain a second medical opinion to determine the validity of an employee's worker's compensation or sick leave claim, or to obtain information related to restrictions or an employee's ability to work. The City will arrange and pay for an appropriate medical evaluation when it has been required by the City. 102 Section 5.13 - Sick Leave For those employees hired before January 1,2012 that chose not to change over to Paid time off (PTO), the City of Farmington provides paid sick leave benefits for periods oftemporary absence due to illness or injuries. Eligible employees include regular full-time employees and regular part-time employees who are regularly scheduled and approved to work a minimum of twenty-four (24) hours. 1. Eligible full-time employees will accrue sick leave benefIts at the rate of eight (8) hours per month to a maximum of one thousand and eighty hours (1080). Eligible part-time employees shall receive pro- rated sick leave based on actual hours worked. 2. Sick leave shall be accrued on a biweekly basis. 3. Eligible employees may use sick leave benefIts for an absence due to their own illness: exposure to contagious disease or legal quarantine; medical and dental examinations; or an illness or medical or dental appointment of an immediate family member who resides in the employee's household or meets the following defInition of immediate family. "Immediate Family" shall include the employee's parents, siblings, spouse, children, step-children, grandparents or grandchildren of the employee or the employee's spouse. 4. Sick leave shall only accrue when an employee is on compensated regular hours or is on approved military leave in accordance with federal and state law. 5. Sick leave usage shall be subject to approval and verifIcation by the supervisor or Department Director. Procedure To be eligible for sick leave payment: 1) Sick leave must be accrued before any payment is made. 2) An employee must notify his/her supervisor and/or department head as soon as possible but not later than thirty (30) minutes following the starting time of the employee's scheduled shift. (This notice may be waived if the employee can establish that he/she could not comply with this requirement due to circumstances beyond the employee's control.) 3) An employee must inform his/her supervisor and/or department head as to the approximate date of the employee's return to work. 4) If any employee is absent for three or more consecutive days due to illness or injury, a physician's statement will be requested to verify the disability and its beginning and expected ending dates. Such verification may be requested for other sick leave absences as well, and may be required as a condition to receiving sick leave benefIts or to returning to work. 5) Sick leave benefIts may be used to supplement any payments that an employee is eligible to receive from long-term disability insurance or worker's compensation. The combination of any such disability payments and sick leave benefIts cannot exceed the employee's normal weekly earnings. 103 104 Section 5.14 - Unpaid Leaves of Absence The City of Farmington may grant an unpaid leave of absence to an employee upon written request. In order to be considered for an unpaid leave of absence, an employee must have completed a minimum of six (6) months of service with the City. A request for such leave must be submitted in writing by the employee to the Department Director or designee as soon as practical. The City Administrator or hislher designee will notify the employee in writing granting or denying the leave. If approved, the written notice will include the terms and conditions of the leave. Benefits and seniority shall not accrue during an unpaid leave of absence. An employee may continue to participate in group insurance provided that the employee pays the full cost of the premiums. Upon returning to work, the employee will be paid at the same salary step held at the time the leave began. 105 106 Section 5.15 - Vacation For those employees hired before January 1,2012 that chose not to change over to Paid time off (PTO), the City of Farmington provides paid vacation time to provide opportunities for rest, relaxation and personal pursuits. Eligible employees include regular full-time employees, and regular part-time employees regularly scheduled and approved to work a minimum of twenty-four hours per week. 1) Employees may take vacation only with the prior approval of the employee's supervisor or department head. Scheduled vacations are subject to postponement in the case of emergency. 2) New hires on probationary status shall earn but shall not use vacation until the employee has successfully completed the probationary period. 3) Employees who have completed the probationary period shall be compensated for vacation earned but not used at the time of resignation. Accrued, unused vacation shall be calculated to the nearest day worked and shall be paid at the employee's base pay rate which was in effect at the time of resignation. 4) Employees who are on unpaid leave of absence (excluding Military Leave) or who have been suspended without pay shall not earn vacation during that period. Additionally, the accrual dates will be adjusted accordingly. 5) Eligible full-time employees shall earn paid vacation in accordance with the following schedule based on years of continuous service. Eligible part-time employees shall earn vacation hours calculated on a pro-rata basis. Vacation time off is paid at the employee's base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives, bonuses, or shift differentials. 6) Employees using earned vacation leave will be considered to be working for the purpose of accumulating vacation or sick leave. Additionally, no employee will be permitted to waive vacation leave for the purpose of receiving double pay. Years of Eligible Service 1 through 4 years 5 through 10 years After 10 years After 11 years After 12 years After 13 years After 14 years through 25 After 25 years VACATION ACCRUAL SCHEDULE Accrual Per Pay Period Annual Accruals 3.07 4.62 4.92 5.23 5.54 5.84 6.15 7.69 10 days 15 days 16 days 17 days 18 days 19 days 20 days 25 days 107 7) In the event that available vacation is not used by the end of the benefIt year, employees may carry over up to the maximum amount established in the following table. Any hours above this maximum will revert back to the City, unless approved in writing by the City Administrator. Vacation time accruals begin again in the next benefIt year. Vacation Accrual Maximums: 1 through 10 years 10 through 20 years 20 plus years 20 days 30 days 40 days 108 Section 5.16 - Donated Leave The City of Farmington recognizes that a catastrophic illness of an employee or immediate family member may deplete an employee's available paid leave (sick/vacation/compensatory time). This policy is meant to provide employees with the option of assisting employees at such a time. City employees having accrued sick, vacation or compensatory time will be allowed to donate a portion of such accrued leave to fellow employees experiencing a major life threatening disease or condition suffered by the employee, the employee's spouse, or the employee's legal dependents as defmed by a physician's diagnosis. The donation of leave from one employee to another shall be subject to the following terms and conditions: 1) An employee is only eligible to receive donated leave for time lost from normal work hours. 2) An employee will be eligible to receive donated leave only after the employee's accrued sick, vacation, PTO and compensatory time have been exhausted by the employee. 3) No employee will be allowed to receive more than a total of 1040 hours of donated leave for any single major life threatening disease or condition. The value of the donated sick or vacation leave is computed according to the salary or wages of the recipient, regardless of the salary or wage of the donor. Donated leave is taxable income to the recipient. 4) An employee is not eligible for the sick leave donation program if also eligible for Worker's Compensation or receiving Long-term Disability payments through the City's program. 5) An employee may donate unlimited amounts of vacation or compensatory time but no more than 80 hours of sick leave or PTO per calendar year to another employee. This shall not be construed to prohibit donating leave to additional employees within the same calendar year. 6) An employee who is donating paid leave must do so from the employee's accrued sick, vacation, PTO or compensatory time balances. 7) A written request to donate leave must be made to the Human Resources Director or designee. The Human Resources Director shall submit all requests to the City Administrator for fInal approval. All donations made will be kept confidential. 8) The City Administrator shall have the right to deny use of donated leave or limit its use if it is determined to be in the best interests of the City of Farmington. Any employee requesting donated leave must be willing to share pertinent medical information to Human Resources and the City Administrator. 9) The Human Resources Department will subtract donated leave from the donor's accumulated balance and credit the donated hours to the requested employee. 109 110 Section 5.17 - Job Related Injury or Rlness All employees are required to report any job-related illnesses or injuries to their supervisor immediately (no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment, the employee is to go to the nearest available medical facility for treatment and, as soon as possible, notify his/her supervisor of the action taken. In the case of a serious emergency, 911 should be called. If the injury is not of an emergency nature, but requires medical attention, the employee will report it to the supervisor and make arrangements for a medical appointment. Worker's compensation benefIts and procedures to return to work will be applied according to applicable state and federal laws. Section 5.18 - Administrative Leave Under special circumstances, an employee may be placed on an administrative leave pending the outcome of an internal or external investigation. The leave may be paid or unpaid, depending on the circumstances, as determined by the City Administrator with the approval of the City Council. 111 112 Section 6 - Compensation and Benefits Section 6.1 - Compensation - Job Classification and Evaluation City employees are compensated according to a uniform pay plan approved by the City Council. This plan establishes the pay grade and pay range for each position within the City. Factors used in establishing pay ranges include but are not limited to prevailing rates of pay for comparable positions within the City and other public and private employment within the area, ability to attract qualifIed personnel, cost of living factors, benefits received by employees, the fInancial policy of the City and other economic factors. As part to the uniform pay plan, the City of Farmington maintains a job classifIcation and evaluation system for all positions within the organization. Any adjustments to the job classifIcation system will be based on changes in the responsibilities or duties of the classifIcation, federal or state law, and the City's fmancial and organizational status. Assignment of job titles, establishment of minimum qualifications, and the maintenance of job descriptions and related records is the responsibility of the Human Resources Department Section 6.2 - Timekeeping and Payroll Pay Periods. All employees are paid biweekly. The City is required by law to make deductions from an employee's payroll checks, including social security, PERA, federal income tax and state income tax. Time Cards. All employees must complete and sign their own time cards on the City approved form. Accurately recording time worked. is the responsibility of every City employee. The supervisor will review and approve the timesheet before submitting it for payroll processing. Altering, falsifying, tampering with time records, recording time on another employee's time sheet or signing another person's timesheet will result in disciplinary action, up to and including termination of employment. Direct Deposit. All employees are required to participate in direct deposit. Direct deposit allows employees to have their payroll check electronically deposited into a check or savings account. Employees will receive a payroll statement each pay day. Pav Corrections. The City takes all reasonable steps to assure that employees receive the correct pay in each paycheck and that employees are promptly paid on the scheduled pay date. The payroll processor will review each timesheet and, in the unlikely event there is an error, the appropriate correction will be made and the employee will be notifIed of the adjustment. Personnel Data Changes. It is the responsibility of each employee to promptly notify the Human Resources Office of any changes in personal data. Mailing addresses, telephone numbers, individuals to be contacted in the event of an emergency, etc. should be accurate and current at all times. 113 114 Section 6.3 - Performance Reviews An objective performance review system will be established by the City Administrator or designee for the purpose of periodically evaluating the performance of City employees. The quality of an employee's past performance will be considered in personnel decisions such as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. Performance reviews will be discussed with the employee. Employees do not have the right to change or grieve their performance review, but may submit a written response which will be attached to the performance review. Performance reviews are to be scheduled on a regular basis, at least annually. The form, with all required signatures, will be retained as part of the employee's personnel ftle. During the training period, informal performance meetings should occur frequently between the supervisor and the employee. Signing of the performance review document by the employee acknowledges that the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the document by the employee will not delay processing. Section 6.4 - Step Adjustments Movement to a higher step within the salary range established for the position through the City's compensation plan is contingent upon an employee's satisfactory job performance. Based on satisfactory performance, an employee may be eligible to receive a step increase to the mid-point (Step 5) of the salary schedule on their job classifIcation anniversary date. A Department Director may deny or delay a step increase if the employee's performance is not at the required level. Except as otherwise approved, length of service will not automatically be related to a level of compensation within the approved salary range. Merit Pay: After the mid-point, there is an opportunity for employees to receive a merit pay step increase. The purpose of the merit pay system is to compensate employees for attaining goals that result in an increase injob responsibilities that is an on-going part of the employee's required duties. To be eligible for merit pay, an employee must: 1) Meet performance expectations. 115 2) Set and achieve merit goals as established by the employee and supervisor; and approved by the Department Director, Human Resources Director and the City Administrator. (For additional information, please review the Performance Management System Instructions). 3) Continue to perform the increased job responsibilities, for which merit pay is received, on a regular, on-going basis. While encouraged, it is not required that employees strive for or participate in the merit pay program. Merit pay will not be given for one time projects or for doing more ofthe same or similar duty(s) already assigned to their position. 116 Section 6.5 - Overtime FLSA non-exempt employees, who work in excess of the regular forty (40) hour work week, will be compensated at one and one-half (1~) times their regular hourly rate of pay. Total hours worked must exceed 40 hours per work week in order to qualify for pay at time and one-half. Overtime work must be approved in advance by the employee's supervisor, department head or City Administrator. An employee who works overtime without prior approval may be subject to disciplinary action. Vacation, sick leave and paid holidays do not count toward "hours worked" for overtime purposes. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. Overtime will be calculated to the nearest 15 minutes. All employees are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action, up to and including dismissal. FLSA exempt employees do not receive overtime pay. In general, employees in executive, administrative and professional job classes are exempt; all others are non-exempt. Due to the seasonal operations of the Outdoor Pool, overtime is hot paid for pool staff. Section 6.6 - Compensatory (Comp) Time FLSA non-exempt employees who work in excess of the regular forty (40) hour work week may be granted compensatory time in lieu of overtime pay and must be approved by the employee's supervisor, department head or City Administrator. Compensatory time shall be at the rate of one and one-half (1 ~) times the hours worked in excess of the regular work week. The maximum total accrued compensatory time shall not exceed forty (40) hours per employee. FLSA exempt employees are not eligible for compensatory time. Accrued compensatory time will be taken as paid leave with prior approval from the employee's supervisor. Compensatory time will be based on hours worked. Paid vacation, sick leave or compensatory time will not be considered in computing compensatory time. The maximum compensatory time accumulation or any employee is 40_hours per year. Once an employee has earned 40 hours of compensatory time in a calendar year, no further compensatory time may accrue in that calendar year. All further overtime will be paid. All compensatory time accrued will be paid when the employee leaves city employment at the hourly pay rate the employee is earning at that time. 117 118 Section 6.7- Severance Benefits Regular, full-time employees who retire or terminate their employment in good standing with a minimum of fourteen (14) calendar days of advance written notice shall receive severance pay in accordance with the following schedule: For Employees with accrued Sick leave: Upon completion of fIve (5) years of continuous service twenty-fIve percent (25%) of the accrued sick leave in the employee's general sick leave account up to 1040 hours. Upon completion of ten (10) years of continuous service fIfty percent (50%) of the accrued sick leave in the employee's general sick leave account up to 1040 hours. For Employees with PTO: Employees leaving the City in good standing will receive 100% of their annual leave balance as compensation (applicable taxes will be withheld)~ Employees have the option of directing those dollars into a 457 deferred compensation plan (subject to IRS maximum deferral regulations and Minnesota law). An employee who is discharged or who resigns without giving advance notice of fourteen (14) calendar days shall not be eligible for severance pay. In the event that the employee is deceased, the severance pay benefIt shall be paid to the employee's benefIciary. This benefIt is calculated at the employee's current rate of pay. Terminal Leave: An employee who resigns in good standing and gives 30 days written notice may elect to forego a lump sum payment for accumulated paid vacation leave and sick leave conversion (in accordance with this policy) in favor of going on terminal leave. If an employee opts for terminal leave, paid leave accruals will end on the fIrst day of terminal leave. Employees may also elect to have their COBRA premiums deducted from their bi-weekly terminal leave. Terminal leave is subject to all applicable payroll taxes. 119 120 Section 6.8 - Group Insurance The City of Farmington Flexible BenefIts Plan allows regular full-time employees to use the City's monthly contribution in a way that benefIts them most. The City's contribution may be used to purchase benefIts from a menu, with some benefIts being considered "core." Core benefIts are those required for all plan participants. Any money left over after purchasing core and optional benefIts may be taken as additional taxable compensation. A more detailed explanation of the benefit options available, enrollment periods, and current level of City contributions are available through Human Resources. BenefIts under City-authorized insurance programs are governed by the terms and conditions of the respective insurance policies. Health Insurance Health Insurance is a basic benefit available to full-time regular employees. Employees may choose single, employee plus spouse, employee plus children, or family coverage, under the health plans offered by the City. If an eligible employee already has health coverage and can show proof of insurance for that coverage, the eligible employee may opt out of health insurance coverage provided by the City. Under the opt-out provisions established by the LOGIS Health Care Consortium, an employee may choose to waive health insurance coverage with proof of insurance. Any City contribution dollars remaining after an employee has purchased required and optional benefIts, will be either paid to the employee as taxable cash or contributed to the employee's deferred compensation account or Health Savings Account. If an employee waives the health insurance coverage, the value of the lowest single premium offered by the City, along with dental insurance, life insurance and any supplemental coverage shall be used to calculate the remaining dollars as taxable cash or as a contribution to the employee's deferred compensation account or health savings account (HSA). Dental Insurance Dental insurance is a core benefit and all eligible regular full-time employees must choose either single or family coverage for dental insurance as part of their benefIt package. Basic Life Insurance Basic life insurance is also a core benefIt which all eligible regular full-time employees must take as part of their benefit package. Basic life consists of $50,000 of term life insurance and accidental death and dismemberment insurance (AD&D). Supplemental Life Insurance Benefit eligible employees may purchase additional life insurance at group rates through the City's group insurance contract. Evidence of insurability may be required and the premium is determined by the amount of coverage an employee chooses and by the age of that employee. Premiums for supplemental insurance purchased through an organization other than the City group insurance carrier is the responsibility of the employee although it may be paid through payroll deduction. 121 Spouse and Dependent Life Insurance Benefit eligible employees may also purchase dependent life insurance for their spouse and children through the City's group life insurance carrier. Evidence of insurability may be required and premiums depend on the coverage selected. Short-Term Disability BenefIt eligible employees may purchase short-term disability insurance. Premiums are determined by the coverage selected by employees. Long-Term Disability BenefIt eligible employees receive employer paid long-term disability insurance. The elimination period is six (6) months and the maximum amount of coverage cannot exceed sixty percent of an employee's income. The City contribution for group insurance may be not applied to any other types of insurance that an employee has established through payroll deduction (Le., PERA Life Insurance, AFLAC Accident, etc.). Changes in Coverage The employee is responsible for notifying the Human Resources Office of any changes that the employee wishes to make in the employee's insurance coverage or retirement plan, such as: a. Change of address or phone. b. Change of name. c. Change of benefIciary. d. Change in type of coverage. e. Change of marital status. f. Change in number of dependents. 122 Section 6.9- Other Benefits Post-Employment Health Care Savings Plan The City established a Health Care Savings Plan through the Minnesota State Retirement System (MSRS) for certain employee groups to contribute pre-tax dollars to cover post-employment health care expenses. Contribution rates and plan details are available through Human Resources. Deferred Compensation Deferred compensation is a voluntary program that allows an employee to save and invest for retirement. Federal and state income taxes are deferred until funds are withdrawn. Under Section 457 of the Internal Revenue Code, an employee may generally defer each year a maximum of 25 percent of pre-deferral taxable income or an amount determined by the Internal Revenue Service, whichever is less. Participation is handled through payroll deduction so taxes are reduced each pay period. Plan details are available through Human Resources. Benefits for City Retirees Minnesota law provides continuation of health and dental insurance to former employees who are receiving disability benefits, or receiving an annuity, or have met the age and service requirements from Public Employees Retirement Association (PERA). The former employee is responsible for paying the entire premium. Effective September 1,2008, and consistent with Minnesota Statutes, a former employee may continue dependent coverage only if the employee received dependent coverage immediately before leaving employment with the City. Failure to pay the premium in a timely manner will result in termination of coverage. See Human Resources for plan details. Retirement The City participates in the Public Employees Retirement Fund (PERA) to provide pension benefIts for its eligible employees. 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 information about PERA eligibility and contribution requirements contact the Human Resources Office. Employee Assistance Program The City recognizes that a wide range of personal problems may affect City employees. Employee Assistance Programs (EAP) are designed to provide employees and dependents with confidential, professional counseling and referrals on personal matters affecting their physical, emotional, and professional well-being. The City offers an Employee Assistance Program in conjunction with our health benefits through the City's health insurance provider. See Human Resources or refer to your health insurance card for more information. 123 124 Section 6.10 - Workers' Compensation Procedures When an employee is injured on duty, a First Report of Injury and Supervisor's Report of Injury must be fIled with Human Resources. The insurance carrier will notify Human Resources of any claims approved for workers' compensation payments. Under Minnesota law, workers' compensation payments are not considered salary for PERA purposes when issued by a third-party payer. When an employee is placed on extended workers' compensation leave, the employee generally receives a payment equal to two-thirds of his or her normal wage. PERA is not deducted from workers' compensation payments. If any employee chooses to use accrued sick leave or vacation to make up the other one-third of his or her wage, PERA is deducted from this amount. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately to your supervisor and or the Human Resources Office. This enables the eligible employee to qualify for coverage as quickly as possible. Section 6.11 - Healthcare Continuation Coverage (COBRA) When a covered employee ceases employment with the City, insurance coverage will be discontinued on the last day of the month following the date of termination. The federal Consolidated Omnibus Reconciliation Act (COBRA) gives employees and their qualifIed benefIciaries the opportunity to continue health insurance coverage under the City's health plan when a "qualifying event" would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, death of an employee, an employee's divorce or legal separation, a leave of absence, or a dependent child no longer meeting eligibility requirements. Under COBRA, the employee or benefIciary pays the full cost of coverage at the City's group insurance rate plus a 2% administrative charge. To continue insurance coverage, premiums must be paid in full by the separated employee or hislher spouse or dependents, or coverage will lapse. Human Resources will provide each eligible employee with a written notice describing an employee's rights and obligations under COBRA each year during open enrollment and when the employee becomes eligible for coverage under the City's group health insurance plan. See Human Resources for plan details. For more information about your rights under COBRA, and other laws affecting group health plans, contact the U.S. Department of Labor's Employee BenefIts Security Administration (EBSA) in your area or visit the EBSA website at www.dol.gov/ebsa. (Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA's website.) Section 6.12 - Health Insurance Portability and Accountability Act (HIPAA) Policies and procedures have been established pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIP AA) privacy regulations as amended. Employees should contact Human Resources for more detailed information regarding HIP AA policies and procedures. 125 126 Section 6.13 - Use of Exercise Facility The City of Farmington encourages employee participation in health and wellness activities. As a benefit of the City's wellness program, employees, spouses and signifIcant others of employees, over 18 years of age, will be allowed to use the exercise facility at the Police Department. However, children of employees are not allowed to use or be in the facility regardless of age. Procedures employees must satisfy to use the facility: 1. Annually, submit a signed form from their physician giving employee clearance to use the facility (with or without restrictions) to the Human Resources Department. 2. Read, sign and return a Waiver of Liability and Release form. 3. Receive equipment instruction from a City designated employee. 4. Once this is complete, the Human Resources office will provide access to the facility. Procedures spouses and signifIcant others must satisfy to use the facility: 1. Obtain approval from Human Resources Director. 2. Annually, submit a signed form from their physician giving clearance to use the facility (with or without restrictions) to the Human Resources Department. 3. Read, sign and return Waiver of Liability and Release form. 4. Receive equipment instruction from a City designated employee. Employees must accompany their spouse or significant other at all times while using the facility. Failure to abide by this policy and its procedures will result in suspension of user rights of the facility for the employee and/or spouse/significant other. The suspension length will be at the discretion of the Human Resources Director. Upon termination of employment, facility access keys must be turned into the Human Resources Department. 127 128 Section 7 - Training and Development Section 7.1 - Schools and Conferences The City of Farmington is committed to providing its citizens with a well-qualifIed, knowledgeable and trained professional staff. To meet this objective, the City provides training and development opportunities to its employees. All training shall be utilized to maintain and improve specific job skills and increase staffs ability to cope with the increasingly complex situations that arise in the work environment. Guidelines 1) Department Directors will make recommendations to the City Administrator for their employees to attend select schools, conferences, and/or seminars during the City budget process. School and conference requests must be budgeted during each fIscal year. The department shall pay for all registration and direct fee expenses. Other expenses will be paid in accordance with the guidelines of the City's Business Travel Expenses policy. 2) Out-Of-State Training/National Conferences: Subject to budgetary considerations, a Department Director may request attendance at one out-of-state training or national conference per year. Mid- level managers and professional staff,. with the support and recommendation of their Department Director, may request attendance at one out-of-state training or national conference every two years. Out-of-state professional development and training opportunities will be evaluated based on whether similar training and professional development opportunities are available within the state. Attending staff may be required to submit a written report regarding conference topics and applicable items pertaining to City operations. 3) Periodically, employees may be required to receive specialized job training or career development guidance and this required training will be provided at no cost to the employee. 4) The City will evaluate employee training programs that may be of value to the entire workforce, and will provide periodic training opportunities to all staff through a citywide training program. 5) The City shall reimburse employees for specifIc job-related license and/or certifIcation fees, and subsequent renewals, provided that the license and/or certifIcation is either required to perform the duties of their position or as recommended by the department director, and approved by the City Administrator. Standard driver's license fees and renewals are excluded from this policy. 6) Time for voluntary attendance by an employee at a training course outside of working hours is not compensable even if the course is directly related to his/her position or paid for by the City. 129 130 Section 7.2 - Business Travel Expenses The City will reimburse employees for reasonable business travel expenses incurred while on assignments away from the normal work location. All business travel must be approved in advance by the employee's department director. Employees whose travel plans have been approved are responsible for making their own travel arrangements. When approved, the actual costs of travel, meals, lodging, and other expenses directly related to accomplishing business travel objectives will be reimbursed by the City. Employees are expected to limit expenses to reasonable amounts. Travel guidelines and expense reimbursement practices are listed be below: 1. Airfare or train fare for travel in coach or economy class or the lowest available fare shall be the preferred mode of transportation when authorized. In cases where employees choose to drive, extra time required will be taken as vacation or compensatory time. Reimbursement for vehicular travel (meals, mileage, and lodging) shall not exceed what the total cost of what airline travel would have been. 2. Out-of-state conferences and training must be recommended by the Department Director and approved by the City Administrator in all cases. A summary of the conference and subject matter relating to the City must be submitted. 3. Hotel, motel or other authorized accommodations will be reimbursed at the actual cost not to exceed the single occupancy rate. Lodging expenses will not be reimbursed for meetings held within the Minneapolis/St. Paul metropolitan area or within a fifty (50) mile radius of the City of Farmington unless prior approval is granted by the City Administrator. 4. Fares for shuttle or airport bus service, where available; costs for public transportation for other ground travel such as taxi service will be reimbursed, but should be used only when no other safe or other economical means of travel exists. Reasonable safety considerations shall take precedence over economy factors in travel situations. 5. Mileage reimbursement rates for personal vehicle use are determined by the Internal Revenue Service. 6. The reasonable costs of meals including sales tax and gratuity. The gratuity should not exceed 15% of the total costs. a) Per Diem: Annual amount established by the IRS for Dakota County. b) Individual meals: Breakfast or Lunch is not to exceed $15.00 each. Dinner is not to exceed $25.00 * All meals combined cannot exceed the per diem maximum. c) The per diem limits do not apply when the meal expense is included in the cost of the conference or seminar. Additionally, the City does not reimburse costs on a per diem basis but for actual cost incurred. d) Alcoholic beverages are not eligible for reimbursement. e) Itemized real receipts must be submitted to qualify for reimbursement and must show the following: Date Name of the Establishment (pre-printed form) Itemized list of purchased items 131 Total Tip (if appropriate) of no more than 15% 7. Charges for telephone calls, fax, and similar services required for business purposes. 8. Any employee who is involved in an accident while traveling on business must promptly report the incident to the immediate supervisor. Vehicles owned, leased, or rented by the City may not be used for personal use without prior City Administrator approval. 9. Cash advances to cover reasonable anticipated expenses may be made to employees, after travel has been approved. Employees should submit a written request to their supervisor when travel advances are needed. City travel expense forms must be completed prior to reimbursement or travel advance disbursements. 10. When travel is completed, employees must submit completed travel expense reports along with all receipts for individual expenses as soon as possible. Please remember itemized receipts are required for reimbursement of travel expenses. 11. Employees should contact their supervisor for guidance and assistance on procedures related to travel arrangements, travel advances, expense reports, reimbursement for specifIc expenses, and any other business travel issues. Any exceptions to this policy must receive prior approval from the City Administrator whenever practicable. Abuse of the City travel policy, including falsifying expense reports is grounds for disciplinary action, up to and including termination of employment. 132 Section 8 - Safety Section 8.1 - Safety Policy The City values the health and well-being of all employees and has a responsibility to provide a safe and hazard-free work place. The City emphasizes the need for safe work methods and practices at all times, and considers safe practices an integral part of every job, performed by authorized City staff. The City is committed to providing properly functioning equipment, protective equipment and devices, and in the event of an injury, provide employees with an accurate checklist for getting assistance. The strength of the safety program is built on the active participation and dedication to safety on the part of each City employee and by the Safety Committee comprised of representatives from all departments. Each department head has designated a Safety Representative for his or her respective department. The representative's responsibility is to be the department's representative to the Safety Committee, assist the Department head in implementing safety programs, report potential concerns, and encourage supervisors to strive toward a safety-conscious workplace. Workplace safety and the protection of City property are the responsibility of all City employees. Each employee shall be responsible for complying with applicable department safety rules and regulations and for exercising reasonable judgment in following safety practices. Department directors and supervisors are responsible for taking appropriate actions, once becoming aware or as notifIed, that minimizes or eliminates any potential safety concerns. Safety Coordinator and Reoresentatives The Human Resources Director is the Safety Coordinator for the City. The Safety Coordinator will serve as Safety Committee Chairperson(s) and will implement the Safety Program Citywide. Each Department Head will designate a Safety Representative for their department. The Safety Representative will serve as the department's official representative to the Safety Committee, and will participate in the development and implementation of a citywide safety program. Safety Committee 1) Responsibilities, Meetings and Membership. In recognition of the City's responsibility toward employee safety, and in response to Minnesota Department of Labor and Industry recommendations under the Occupational Safety and Health Act, the City of Farmington sets forth the following: The Safety Committee has been established as an advisory internal group to promote an orderly and representative approach in dealing with employee safety programs. The Committee shall have authority to oversee the following general areas of responsibility: 133 a. The Committee shall review matters of immediate importance such as safe working conditions, emergency activities, personal injury or damage incidents in order to prevent recurrence. b. The Committee will promote safety education. The members will educate themselves in order to better equip themselves in dealing with safety issues. Such educational activities may be in the form of research, inspections, lectures, demonstrations or any other forms. c. The Committee will advise and assist the Department Heads in the implementation of a viable safety program. It may undertake inspections as directed and assist in maintaining compliance with Minnesota Occupational Safety and Health Standards promote good employee safety attitudes and assist in the development and enforcement of safety regulations and procedures. d. The Committee shall hold meetings on a regular basis and otherwise as needed as determined by the Chairperson for the purpose of conducting committee business. e. The Committee shall issue periodic reports detailing specifIc safety issues addressed within the work place. Said report(s) shall be distributed to the Management Team for review and discussion. The City safety program provides: a. Safety inspections of the work place environment, machines and equipment, procedures and work habits, as well as access to fIrst aid and emergency medical support access. b. Incident or complaint review of specific work locations, accidents or injuries, machines, or equipment; recommended work habits or procedures to be carried out in the event of a lost- time accident, a reported or suspected health hazard, an employee complaint, or a supervisor's request. c. Safety and protection procedures that make known to employees the existence of potential health hazards, proper protective procedures, and safety and health rules and requirements, as well as emergency procedures. d. Safety education programs which provide safety information and training to employees through demonstrations, training sessions, and verbal and written communications. e. Program enforcement through managers and supervisors who are knowledgeable in safety procedures, who promulgate safe safety attitudes, and who publish and enforce compliance with employee safety and health rules and regulations within the sphere of their work authority. f. Department Heads and Supervisors. Department heads and supervisors will be responsible for instructing employees within their departments on safe practices to be observed in the work place and enforcing safety standards and requirements to the best of their ability and authority. 134 Employees. Each employee is expected to place safe work practices and identifIcation of unsafe conditions as the highest priority while performing their work duties. Each employee's safety and health commitment includes, but is not limited to, the following: . Using appropriate safety equipment. . Wearing required dress/uniform and footwear. . Waming co-workers of unsafe conditions or practices that could lead to or cause an accident. . Operate equipment only after receiving proper training. . Reporting defective or damaged equipment. . Reporting dangerous, unsafe or unhealthy conditions that exist in the work place as well as throughout the City. . Reporting of all injuries and accidents within twenty-four (24) hours. . Taking proper protective measures to minimize unsafe conditions that could present a hazard to the public resulting from City work. . Maintaining tools and equipment in a proper manner, to ensure that they are in the best possible condition during usage. Individual departments may adopt safety manuals specifIc to the department. General Safety Policies and Rules 1) All personnel will thoroughly familiarize themselves with all precautions set forth in this policy and other safety precautions deemed necessary by the Safety Committee and applicable State and Federal Laws. 2) All personnel shall adhere to and comply with all rules and regulations regarding personal safety, operation of equipment and other rules set forth by the Safety Committee. 3) Accident reports shall be completed by the injured employee's immediate supervisor and forwarded to Human Resources within twenty-four (24) hours of the time of the accident. 4) All personnel will observe all safety precautions and will submit a written and dated report regarding any unsafe equipment or conditions to their department supervisor. Department supervisors, in cooperation with their employees, shall be responsible for the safety of all vehicles and equipment in their designated area. 5) Safety rules or amendments shall be available in a prominent place of every job site. 6) Employees operating City vehicles that have seatbelts are required to wear them at all times. 7) Employees must be properly attired at all time in accordance with their respective responsibilities. 135 8) No employee shall consume, bring or have brought, into any City facility, departmental premise, liquors or unlawful drugs, except in the performance of their duties, and as approved by the employee's Department Director. 9) No employee shall be under the influence of liquors or unlawful drugs of any kind while on duty. (See Drug and Alcohol policy) 10) Any employee who works more than two (2) consecutive eight (8) hour shifts shall not be allowed to work until s/he has had at least eight (8) hours off duty. Furthermore, any employee whose presence could become a health or safety hazard because s/he is overly fatigued shall be sent home by their supervisor until their next scheduled shift. Report Injuries It is the injured employee's responsibility to immediately report any work related injury or disease to the employee's supervisor as soon as possible after the injury occurs or the disease is diagnosed. The immediate supervisor is responsible to see that the First Report of Injury is ftled with the City Administrator's office within twenty-four hours following the injury. This report is prepared by the supervisor during an interview (if possible) with the injured employee. Any additional department specifIc safety policies and procedures will be distributed to the employees with other department specifIc policies and procedures. 136