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1982-22r L] BILL N0. 1982-22 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY 4F RICHFIELD, MINNESOTA, AS FOLLOWS: AMENDING SECTION 2.28 BY REORGANIZING THE SECTION AND MAKING AMENDMENTS; AMENDING SECTION 2.29 BY PROVIDING NEW DEFINITIONS; AMENDING SECTION 2.30 BY REORGANIZING THE SECTION AND DELETING SUBDIVISIONS; AMENDING SECTION 2.31 BY QOMBINING IT WITH PREVIOUS-CODE SECTION 2.32 AND REORGANIZING THE TWO SECTIONS AND MAKING CERTAIN AMENDMENTS; AMENDING PREVIOUS CODE SECTION 2.32 BY RENUMBERING IT TO NEW CDDE SECTION 2.32 AND COMBINING PARTS OF PREVIOUS CODE SECTION 2.36 MAKING CERTAIN AMENDMENTS AND ADDING CERTAIN NEW SUBDIVISIONS; AMENDING PREVIOUS CODE SECTION 2.34 BY RENUMBERING IT TO NEW CODE SECTION 2.33 AND MAKING CERTAIN AMENDMENTS THERETO; DELETING PREVIOUS CODE SECTION 2.35 WHICH IS NOW COVERED BY THE NEW CODE SECTION 2.32, SUBD. 9; DELETING PREVIOUS CODE SECTION 2.36 WHICH IS NOW COVERED UNDER SECTION 2.32, SUBD. 10; CREATING A NEW SECTION 2.34 AND PROVIDING A NEW SUBDIVISION AND COMBINING PARTS OF THE PREVIOUS CODE SECTIONS 2.37 AND 2.37A AND MAKING CERTAIN AMENDMENTS THERETO; RENUMBERING PREVIOUS CODE SECTION 2.38 TO THE NEW CODE SECTION 2.35 AND MAKING CERTAIN AMENDMENTS; RENUMBERING SECTION 2.39 TO THE NEW-CODE SECTION 2.36 AND MAKING CERTAIN AMENDMENTS; DELETING PREVIOUS CODE SECTION 2.40; RENUMBERING PREVIOUS CODE SECTION 2.41 TO THE NEW CODE SECTION 2.37, AND MAKING CERTAIN TECHNICAL AMEND- MENTS . City of Richfield Does Ordain: Section 2.28 of the Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: ORDINANCE CODE CITY GF RICHFIELD, MINNESO (;1 CHAPTER II PART III . PERSONNEL - PAS}~}8N-€~SS}F}EAR}81Y; -E8P4PENSd~}8Pt-r1PtB-MER}~-SyS~E34 2.28. GENERAL PROVISIONS. Subdivision 1. Pu ose. It is the purpose of the rules and regulations set out in Chapter II, Part III of this code to establish genera}-personae} pe}ieica-and-praetieca a uniform and equitable system of munici al ersonnel administration for all employees of the City of Richfield. Sabd--~---Pe}ite-and-Fire-$ }egcea---~a-the-easc-ef-pe}zee-sad-fire-emp}epees; ahereeer-these-rn}ea-and-thc-rtx}ea-ef-the-pe}lee-eiv=}-aervite-eemmisaien; ender-t4inneeeta-Statr~tea;-Ehapter-4}9;-er-the-fire-eiez}-sereite-eommiasioa; nailer-~iiaaeseta-Stattxtee;-Ehapter-4~8;-are-iaeeaaiateat-with-these-rtt}es-en matters-ef-eatp}eyment;-premetiea;-diaeharge-and-at~spenaien;-snob-eiei} scrdiee-rn}ea-sha}}-eeatro}- Subd< 2. Scope of Rules. (1) Exempt Positions. Unless otherwise specifically provided, the following offices and positions are exempt from these rules and regulations elected officials; members of boards and commissions• the cit mans er• the city attorney and the health officer. (2) Provisions Superseded in Certain Cases. Any employee included in a collective bargaining agreement entered into in accordance with the Public Employment Labor Relations Act, Minnesota Statutes Sections 179 61 to 179 76, shall be exem t from an rovzsion of this Part which is inconsistent with such agreement. Any Employee within the jurisdiction of a civil service commission established under Minnesota Statutes Cha tors 44, 419 or X520 shall be exempt from ary provision of this part which is inconsistent with such statute or rules and regulations adopted thereunder Nothing in this Part is intended to modify or supersede any provision of the Veterans' Preference act clannesota Statutes Sections 197.45 to 197.481. All provisions of this Part not in conflict with collective bar aining ~eements or civil service rules, regulations and statutes shall a plv to all City of Richfield emplovees_ Subd. 3. Charter Authority. The city charter of Richfield, Section 6.02, Subsection 3, provides that: "He (the city manager) shall appoint and remove, upon the basis of merit and fitness and subject to applicable civil service provisions, if any, the city clerk, all heads of departments and all subordinate officers and employees in the departments. Appointment or removal of department heads shall be made final only upon a majority vote of the council." Subd. 4. Administration. The city manager is authorized and directed to administer these rules and regulations. He The manager may issue administrative directives and instructions, not inconsistent with these ORDINANCE CODE 2 C1T~r GF RICHFIELD, ti1INNESO r 1 n ~i~ rules and regulations, as necessary to explain and clarify the provisions thereof, and to facilitate their use. He The manager may appoint a personnel director;-er-designate-aa-assistant;-to-assist-him-ia-the administration-of-these-rn}es-and-regn}atioas-sad-to-perform;-ender-his aetpervisien; manager and delegate to him the administration of these rules and regulations and any other personnel functions which the city manager is authorized to perform. Sttbdr-S---Exempt-Positions---tin}esa-etherxise-specifies}}q-prod ded;-the fo}}easing-effites-sad-positions-are-exempt-from-these-rn}es-and-regn}atieas- e}eeted-offieia}s;-members-ef-beards-sad-eommissfoas;-the-citq-manager;-the eitp-attornep-and-the-hen}th-officer- Snbd--6---haber-Eentracts---Eontracts=entered-into-parsnaat-to-the-Pnb}ic Emp}epment-Eaber-Re}atiens-Act-ef-}9~};-as-amended;-between-the-eitq-and the-exeft~sive-representative-ef-emp}ogees-is-an-appropriate-barga=Wing-unit sha}}-be-imp}emented-bq-eennei}-rose}mien---A}}-matters-re}sing-to-the terms-and-Beaditieas-ef-emp}ogment-of-emp}ogees-is-an-appropriate-ne=t-to ahieh-sneh-eoatraet-sad-rose}atien-re}ate-are-governed-bq-the-terms-ef-the eoatraet-and-reae}ration-and-net-bq-the-provisions-ef-this-Part---A}}-ether provisions-of-tkis-Part-app}q-te-emp}ogees-ef-the-appropriate-bargaining units---{$=}}-?ie--}4~4-5~--4f?Ef~4 II. Section 2.29 of the Ordinance Code of the City of Richfield, Minnesota, is hereby amended and new provisions added t~ rpad a~ f~ii,,..,~. 1 2.29 DEFINITIONS. Snbdivision-}---Administrative-Perseane}---For-the-pt~rpesee-ef-this-chapter the-fe}}owing-named-positions-aha}}-censtitxte-the-department-heads- Bireeter-ef-Administrative-Sere=sea Bireeter-ef-Pub}ie-Safetq Bireeter-ef-Eemmanitq-Services Bireeter-ef-Eemmnnitq-Beve}epment 6itq-Attoraeq £igner-Store-P4anager fBi}}-}4~4-~}~-}8f 9f~9 Subd. ~ 1. "Allocation" refers-te-the-set-ef-assigaiag-a-position-te-its appropriate-e}ass-based-en-the-defies-performed- means the assignment of a position to an appro riate class on the basis of the nature, difficulty, and responsibility of the work performed in the osition Subd. 2. "Benefits" means privileges granted to officers, em levees, and their dependents, as part of a total compensation ackage, including but not limited to, vacation leave, sick leave, holiday leave, military leave, or any and all insurance ay. - Subd. 3. "Bi-weekly" means once every two weeks ORDINANCE CODE 3 CIT`r GF RICHFIELD, 111NNcSG f Subd. 3 4. "Class" or "Class of Positions" means a group of one or more positions sufficiently similar with respect to tkezr duties and responsibilities that {a~ the same descriptive title can-ressenabfe-be-used-to-designate-each pasztson-tn-eke-tfaaa;-{b3-snbstant=affq-the-ease-tee~e-of-fitness-map-be-need; {e~-anbatant=affq-tke-name-gnaf=fitatians-maq-be-rega=red;-and-{d~-tke-same aehedtsfe-of-eompensatien-maq-be-made-~o-app}q-evtl:h-egrtiegr may be used with clarity to designate each position allocated to the class, that the same general qualifications are needed for performance of duties of the class, that the same tests of fitness may be used to recruit employees, and that the same schedule of pay can be applied fairly to all ositions in the class. Subd. 4 5. "Class specification" means a formal written statement which is descriptive, but not restrictive, of a class consisting of a title, a definition, illustrative example of duties work performedi and the qualifications, knowledge, skills and abilities that are necessary or desirable for the satisfactory performance of duties within the class and-emp}agmen~-standards- Subd. 5 6. "Classification plan" means an orderly plan under which gositions, on the basis of duties and responsibilities, are grouped into classes, each class designated by a description title and defined by a class specification. Subd. 7. "Continuous service" means the total amount of uninterru ted full-time permanent employment with the city, including any un aid leaves of absence of less than thirt days duration. Continuous service begins the first day of full time _probationary em loyment if the em lovee will be eligible for a full-time permanent appointment upon satisfactary completion of the probationary eriod. Subd. 8. "Day" means calendar day, except where otherwise s ecified Subd. 6 9. "Demotion" means the asaaemeal:-of-an-empfogee change of an employee's status to either a class having a lower paq-grade maximum salary range or to a lower step in-kis-existing-pap-grader or position within that employee's current class salary range. Subd. 10. "Department" means any of the following• Administrative Services, Community Development, Community Services, Liquor Operations, and Public Safety. Subd. 11. "Department head" means any of the following• Administrative Services Director, Communit Develo ment Director, Community Services Director, Liquor Operations Director and Public Safety Director. Subd. 12. "Division" means an administrative or operating unit contained within one of the five de artments of the city Divisions are functional areas of work responsibility, such as but not limited to fire or olice services, engineering, street maintenance, ersonnel, or finance Subd. 13. "Division head" means any individual responsible for the operation of a division as defined in this section. Division heads include but are not limited to positions such as Assistant Fire Chief, City Engineer, Maintenance Superintendent, Personnel Manager, or Finance Coordinator ORDINANCE CODE 4 C;TY GF RICHFIELD, ~.11NNES0 f.~ Subd. r' 14. "Employee" means a person legally holding a position in the city service. Subd. I5. "Full-time employee" means an employee who is regularly scheduled to work eighty hours per bi-weekly ayroll period Subd. 16. "Managerial emnioyee" means an em loyee classified and compensated under the Management Pay Plan. Sabd--8---u}ndae~=enu-means-a}}-actions-taken-bq-the-ei~q-to-exam=ne;-test and-ens}ante-app}ieants-for-pesztiens-a+ithrn-the-e=tq-acrd=ee---}ndnet=en begins-a~.-the-tzme-an-app}ieaat-fi}es-hzs-app}ieatien-and-ends-v~hen-bhe probationary-period-has-been-comp}eted- Subd. 17. "Original appointment" means the initial entry into robationary status zn the city service. Subd. 18. "Outside employment" means employment of any kind engaged in by a city employee for which compensation is received from a source other than the city. Subd. 19. "Part-time employee" means an employee who is scheduled to work on a regular and recurring schedule of less than eighty hours in a bi weekly payroll period. Subd. 20. "Part-time permanent employee" means an employee scheduled to work between forty and seventy-nine hours per bi-weekly pay eriod, on a regularly scheduled basis throughout the year. Part-time ermanent em loyees have no specified end of employment date and are eligible for selected prorated city benefits, including vacation leave, sick leave and holiday leave Sabd--}}---uPaq-grades-means-the-minimum-and-max=mam-paq-rakes;-together-rovi~h =ntermed=ate-rates;-ah=eh-are-es~ab}fished-for-cads-e}ass- Subd. ~9 21. "Pay plan" means a schedule of pay. grades in bi-weekly rates for each all position classes within the city service. Subd. 22. Permanent employee" means either a full-time em loyee or a art time employee who works a minimum of forty hours per bi-weekly ayroll period on a regular basis throughout the year, and who has com leted a designated probationary period. Permanent em loyees have no definite end of em loyment date. Sabd--}~---uPermanent-fa}}-~i~te-emp}ogee--means-an-emp}ogee-e~he-has-comp}eted his-designated-probationary-period-and-e~he-eeeapies-a-permanent-fa}}-time pesitiea- Sabd--}3---uPermanent-fa}}-~.ime-pesitrenu-means-a-greap-ef-datiea-and respensib=}i~res-re~airzng-the-fa}}-time-emp}egmen~-ef-one-person-for-h8-er more-hears-per-week-en-a-rega}ar-seheda}e-threaghoat-the-gearr ORDINANCE CODE S C,TY pF RICHFIELD, 111NNES7 Subd--}4---uPermanent-part-time-emp}egeeu-means-an-emp}epee-mhe-has-eemp}eted his-designated-prebatienarp-period-aad-mho-eeensies-a-permanent-part-time pesitier_- Subd--}5---uPermanent-part-tame-pesitienu-means-a-group-ef-duties-aad-respen- sibi~ities-requiring-the-part-time-emp}oyment-ef-one-person-for-at-east ~8-bat-}ess-than-48-hears-per-meek-en-a-regniar-seheda}e-throaghet~t-the-peat- Subd. 23. "Personnel Manager" means a person appointed by the cit manager who is charged with the administration of Chapter II, Part III of the City Ordinance Code and who is under the direction of the cit mans er. Subd. 24. "Position" means a group o£ duties and responsibilities assigned or delegated by competent authority, and re airing the em loyment of one erson. Subd. }6 25. "Probationary employee" means a-aem~p-appointed an employee who has not completed his a designated probationary period for the position he eurrently occupies , whether it is an original appointment or one obtained by promotion or transfer. During such period he the employee may be separated from the-serviee that position without recourse to appeal. Subd. }~ 2b. "Probationary periods' means a trial period, obtained by original appointment, by promotion, or by transfer, which is considered as an integral part of the xadnetson selection process, during which a-nem an employee is required to demonstrate his fitness for the position prior to receiving a permanent appointment. Snbda-}8---uPremeted-probationary-empiepeess-mesas-an-emp}epee-mhe-haa-net eompleted-his-prebatienarp-period-fer-his-nem-pesition-aad-mhe-retaias-his permanent-stains-is-kis-former-pesition-daring-thin-probationary-period- Subd. }9 27. "Promotion" means movement of an employee from a position in one class to a position in another class having a higher maximum salary rate. Subd--~8c--uPrometienaf-prebatienarp-periedu-means-a-triaf-period-fer-a promoted-empfepee-daring-mhieh-he-is-required-te-demonstrate-his-fitness-fer his-nem-pesition-prier-te-receiving-a-germaaeat-appointment-te-the-pesition- Subd. ~} 28. "Provisional appointment" means an appointment made for a limited period of time in a class for which examinations are ordinarily given and for which appropriate employment lists are not currently available. Subd--~~---uReefaaaifseationu-means-the-medement-ef-an-emp}epee-te-a different-efaas-beeaase-of-a-ehange-zn-dr~ties-and-responsibi}itiea- Subd. 29. 'sRe-allocation" means a reassignment or change in alloeation of a 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 significant chap es in the nature, difficulty, or responsibility of the work performed in such osition. ORDINANCE CODE C~T`r' OF RICHFIELD, ti11NNES0 r Subd. ~3 3fl. "Reinstatement" means the reappointment without utilization of a probationary period for a former employee who resigned in good standing from the city service. Subd. ~h 31. "Restoration" means the return of a promoted probationary employee to his former position either during or at the completion of his promotional probationary period. Subd. 32. "Salary range" means the minimum and maximum ay assigned to a - position. Progression through the salary range of a osition is based - ~on length of service and satisfactory performance of the duties and responsibilities of the osition Subd. 33. "Seasonal employee" means either a full-time or a part-time a loyee who works for a period not to exceed ten months during an consecutive twelve month period. Seasonal employees have a definite end of employment date insofar as the duration of employment is determined by the end of a specific program or season. Seasonal em loyees are not eligible for city benefits. Subd. ~5 34. "Shift employees" means an employee who occupies a permanent full-time position which requires work on a regular schedule at any period during the 24 hours of a day and on any day during the week. 1 I Subd. 35. "Supervisor" means an individual whose position includes a significant amount of time spent directing the work of other employees Subd. ~6 36. "Suspension" means the temporary removal with or without pay of an employee from his a designated position. Subd. ~~ 37. "Temporary employee" means an-ernp}opcc-Mahe-ecenpiea-a-temporary er-seasons}}-pesitzen- either a full-time or a art-time employee who has been appointed to a position having a definite end of employment date. Subd--~8r--u~emperarp-peaitionu-means-a-group-ef-dntic3-sad-reapeaaib=}itiea rege~iriag-the-temporary-er-seasons}-emp}epment-ef-one-person-en-either-a fn}}-er-part-t=mc-basis- Subd. ~9 38. "Termination" means a complete separation from municipal employ- ment resulting from discharge, resignation, retirement or death. Subd. 38 39. "Transfer=' means the horizontal movement of an employee te-either a-d=fferent--department-er-didiaien from one city osition to another within the same pay grade, but not neeessarily the same class. Subd--3}---c~ranafer-probationary-periedu-mesas-a-trig}-period-for-a-transferred emp}ogee-during-whiek-he-is-required-te-demonstrate-his-fitness-for-his-new pe3ition-prior-to-reeeiding-a-permanent-appeiatfieat-te-the-position- ORDINANCE CODE 7 CITY GF RICHFIEtD,'~11NNES~J l,; Subd. 40. "Work group" means two or more em loyees assigned to a division within the city service who normally share common work sites, duties, responsibilities and supervision on an ongoing basis. III. Section 2.30 of the Ordinance Code of the City of Richfield, Minnesota, is here}~y amended to read as follows: 2.30 POSITION CLASSIFICATION PLAN. Subdivision 1. Establishment of Plan. The city manager shall establish and mai-stain a position classification plan to consist of class titles and class specifications. Subd. 2. Administration. The classification plan shall be administered and maintained by the city manager and employees shall be allocated or reallocated by him to classes which best describe their duties on the basis of criteria established in the class specifications. the-eitq-manager-sha}}-make-amendments and-re~risions-in-the-p}an-from-time-te-time-te-provide-for-aem-positions-and changing-conditions- Subd. 3. E}ass-fit}e---the-officia}-e}ass-tit}es-sha}}-be-used-is-a}} persenne};-aceeuntiag;-budget-and-fiaaneia}-reeerds---Hoa*eeer;-tit}es-used ia-the-bourse-ef-departments}-routine-to-iadieate-authoritq;-statxs-in-the organization-er-admiaistratiee-ran~€-map-be-used-for-operating-purposes---He person-sha}}-be-appointed-te-er°emp}eyed-ia-a-pee n ion-in-the-eitp-service Hader-a-tit}e-sot-ine}nded-in-the-e}assifieatioa-p}aa- Subd> 3. Filing of Classification Plan. A current co y of the classifi- cation plan shall be placed on file with the city clerk. Subd--4~--}aterpretatien-of-E}ass-S eeifieatiens---E}ass-speeifieatieas-are te-be-interpreted-xn-their-entirety-ia-re}sties-to-others-ia-the-c}assifi- eatien-p}aam--A-deaeriptien-ef-eertaia-datsea-sha}}-set-be-interpreted-te- exe}ude-otkers-Hat-mentioned-that-are-ef-sim=}ar-~Ciad-sad-}ode}r--Qua}ifi- eationa-expeeted-of-a}}-iaeumbeats-ef-positions-{snob-as-a-*~a}id-drixeris }ieense-if-the-position-requires-drib=ag;-gecd-phgsiea}-eenditioa;-freedom from-disab}ing-defects-aThieh-the-eitq-manager-finds-anon}d-adverse}p-affect aer?'.e-perfermanees;-henestq;-sebrietq;-eenrtesp;-sad-iadastrq}-sha}}-be-deemed to-be-imp}ied-in-the-qua}ifieatiea-requirements-of-each-e}ass-eves-theagh not-speeifiea}}q-mentioned-ia-the-c}ass-apeeifieation- Subd--5---Roe}assifieatioa---A-request-for-roe}assifieatioa-te-a-higher e}assifieatioa-map-be-initiated-bp-an-emp}epee-or-bq-his-supervisor---Saeh requests-map-be-initiated-if-it-is-fe}t-that-the-existing-e}assifieatioa-deer net-reaseaab}q-describe-the-duties-and-respeasibi}hies-of-~rerk-aetua}}p being-performed---Saeh-requests-for-roe}assifieatioa-is-considered-te-be-Jnsti- fied---fhb-request-sha}}-first-be-submitted-te-the-depa-rtment-head-vahe-sha}} foreaard-the-request-a}eng-xith-his-reeemmcndatien-to-the-eitq-manager---fhb eitp-manager-sha}}-eonduet-such-ianestigatiea-as-he-deems-proper-sad-sha}} then-appreee-er-deny-the-request- ORDINANCE CODE CiT`r GF RICHFIELD, 11INNESO f,"~ ~ L Snbd--b---Pi}=ag-ef-b}assifieation-P}aa---A-enrrent-eopp-ef-the-a}asaifieatien p}an-chaff-be-p}aced-ea-fi}e-arith-the-eitp-a}er~Cr IV. Section 2.31 of the Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 2.31 RE6Ri~i~~1EP~~-r1NB SELECTION, APPOINTMENTS & PROBATIONARY PERIODS . Subdivision 1. Genera} Selection. The basic recruitment and selection policies of the City of Richfield are to take whatever measures as are necessary to seek out and to encourage properly qualified individuals to apply for positions at all levels of the city service, and-to-provide-aastsraaee-that-the-best-qna}ified applicants-are-proper}p-iadneted-=ate-the-eitq-service---the-preeednres-ont- liaed-herein-shal}-apple-to-all-persona-arke-wish-te-ebtaia-eraplepmeat-arith-the Eitp-ef-Richfield-except-fernier-cite-emplepees-ache-map-be-re-emploped-threagh the-reinstatement-process-aad-emp}epees-ache-are-snbJeet-te-the-rules-of-the pollee-aad-fire-eid=}-sereiee-eemmissieas- Snbd--~---Eligibility-to-Gam etc---6empetitiea-for-positions-ia-the-cite aereiee-shal}-be-epee-to-aff-app}ieants-she-meet-the-gnalifieatiens-estab- lished-for-the-class-ef-pesitiea-for-arhieh-applieatien-=s-made---Ne-peraea chaff-ia-app-avail-be-fadered-er-diserimiaated-agaiast-because-ef-race;-sex-er political-er-religieess-epiniens-er-affiliations- Scsbd--3---~p}ieatiens---App}leafless-shall-be-~Cept-ea-file-for-tare-pears fel}oaring-the-date-ef-their-stsbmissien-te-the-cite- Snbd--4- (I) Examination Methods. In making a selection from among candidates to fill city vacancies, the city manager map-asc-arrittenp-oral-er-perfern~anee tests;-aa-e>ralnatiea-ef-traiaiag-and-experience;-er-sap-eembinatien-ef-these- ~aeestigatiens-ef-baekgrenad;-character;-peraenalitp;-edneatiea;-experience-er phpsiea}-fitaesa-sha}}-also-be-mandaterp---the-neeessitp;-extent-and-sttceess criteria-of-sap-and-a}}-tests-shal}-be-determined-bp-the-cite-manager- shall use selection processes relating to those matters which fairly test the capacity and fitness of the candidate to discharge effectively the duties and res ons_i- bilities of the position(s) for which the selection processes are held. (2) Vacancies. Application to compete for a position escape filed in the manner prescribed by the city manager All vacancies permanent positions will be posted for at least five working days (3) Eligibility to Com etc. The city manager shall determine the appropriate selection process to use for each osition vacancy, whether it be open competitive or promotional in nature Open competitive rocesses are open to all applicants who meet the 'ob-related criteria determined to be~predictive of success in discharging the duties and res onsibilities of the vacant position. Promotional selection processes are open to current city employees who meet the 'ob-related selection criteria described in the fob announcement. ORDINANCE CODE must be or C;T`j GF RICi-iFIELD, ti11NNES0 ~.; Subd--S---E}igfbi}itd-hista---E}igxbx}xtq-}fists-sha}}-be-estab}fished-fer-a}} positions-that-require-the-suetessfu}-comp}etien-of-aaq-written-er-era}-tests te-determine-an-app}ieantjs-petentia}-fer-eitq-emp}egmeat---App}ieants-rooks sueeessfu}}q-temp}etc-tests-fer-a-position-sha}}°be-p}seed-ea-an-c}igibi}itq list---App}ieaats-sha}}-be-reme~ed-from-aa-a}igibi}itq-}fist-arhen-¢$~-an-ap- p}ieaat-is-apps=aced-te-a-eitq-position;-er-¢b~-aa-app}itant-is-reJeeted-bq a}}-appropriate-department-heads;-er-¢e3-an-app}ieaat-requests-that-his-acme be-remered;-or-¢d3-an-app}ieaat-is-set-appointed-te-a-position-xithia-txe gears-after-the-p}see-ef-his-same-en-aa-e}=gibe}itq-}fist- S- 3~ ---r1EP8i?i~PiEEPT~6-AYB-PR8$A~iBNAR~-PERiBBS Subdivision i 2. ~pointments. Preeedure. Fe}see-and-fire-personae}-sha}}-be appointed-bq-the-eitq-manager-in-aeeerdaaee-with-ru}es-ef-the-pefiee-sad fire-eibi}-service-eemmissieas- AlI appointments to the munici al service shall be made by the city manager or a city officer to whom he has designated authority. Appointments shall be made on the basis of merit and fitness for the position. Department heads shall be appointed by the city manager, subject to city council approval in accordance with Section b.Q2, Subsection 3 of the eitq-shatter-ef Richfield City Charter. All other appointments to positions in the municipal service shall be made by the city manager after re- ceiving the recommendation of the appropriate department head. the-eitq manager-maq-fi}~-a-position-eaeaneq-bq-transfer;-demotion;-promotion;-arigina} appointment-er-prebisiena}-appointment- and shall be in accordance with the rules of the Fire and Police Civil Service Commissions where a licable. Sabd--~---~raasfer---the-eitq-manager-maq-transfer-anp-permanent-er-proba- tieaarq-emp}eyes-from-sae-position-te-another-position-ia-the-same-e}ass-er from-a-position-in-sae-e}ass-te-a-position-ia-another-re}aced-e}ass-in-the same-pap-grade- Subd--3---~Te}uatarq-Bemetiena--An-emp}ogee-ro~he-heeemes-phgsiea}}q-er-menta}}q iaeapaeitied-fer-the-performance-ef-the-duties-and-respeasibi}hies-ef-his position;-er-arks-map-wish-te-de-se-fer-ether-persona}-reasons;-maq-request demotion-te-a-position-in-a-}ewer-e}ass---Sash-demotion-maq-be-permitted-upon appreva}-ef-the-eitq-manager- Subd--4z--Promotion---Netiee-ef-vataaeies-ari}}-be-posted-in-a}}-app}scab}e departments-at-feast-five-daps-prier-te-fi}}iag-eaeaaeies-se-that-a}}-em- p}ogees-rake-maq-be-a}igib}e-rovi}}-be-aware-ef-promotions}-eppertuaities---An emp}ogee-must-possess-the-qua}ifieatiens-neeessarq-fer-the-promotion-te-arhieh he-see~CS-promotion---fhe-eitq-manager-shah-be-respeasib}e-fer-determining arhether-an-emp}ogee-possess-thrneeessarq-qua}if=rations-for-promotion-te ORDINANCE CODE lQ CiT'r GF RICHFIELD, ti'11NNESG f a-partiett}ar-position---Appropriate-~es~s-as-set-fer~h-in-6kapter-~-3}, Sabditiisien-4;-Sxaminatien-~Ie~heds;-maq-be-given-~o-aid-in-phis-determiaatien. Sr'heneder-reasenab}q-possible;-~raeanezes-in-the-titp-sernzee-skai}-be-fi}}ed bq-promotion-ef-permanent-emp}epees---Wlxere-eandidates-for-promotion-are egnallq-qualified;-the-eitq-manager-skal}-gibe-eensideration-te-length-of sereiee-in-making-the-appein~ment- Snbd--~- (1) Original Appointment. An original appointment shall be made by the city manager from among the eligibles-f rem-eke-apprepria~e-}ist qualified eligible applicants who indicate a willingness to accept the position. LJ ~' (2) Transfer. The city manager may transfer any employee from one position to another position in the same class or from a osition in one class to a position in another related class in the same salary range (3) Demotion. The city manager may demote an em loyee who becomes physically or mentall Inca acitated and cannot erform the duties and responsibilities of the position he currently occupies, or who wishes to be demoted for other personal reasons The demotion may be to a position in a Lower class if the em loyee is qualified to erform the duties of such position. (4) Promotion. Whenever reasonably possible, the city manager may fill vacancies in the municipal service by promotion of ermanent em to ees Notice of vacancies shall be posted for at least five days at locations where em loyees may become aware of promotional opportunities. Where candidates for remotion are equally qualified, the city manager shall give consideration to the candidates length of service. Sabd--6- (5) Provisional Appointment. Provisional appointments may be made by the city manager only to prevent the stoppage of public business or inconvenience to the public. A provisional appointment shall terminate (a) by action of the city manager er-{b~, by expiration of the period during which any such appointment is limited by civil service or any other laws or {e~ by the effective date of a regular appointment to the position. (b) Reinstatement. The city manager may reinstate any em Ioyee who has left city employment in good standing if such action is in the best interests the municipal service. Upon petition of the reinstated em loyee, the city manager may restore to such em loyee all or any ortion of any unused leave benefit accrued during previous employment in the municipal service for which the employee has not been compensated Reinstatement of em loyees who have been on military leave is regulated by Minnesota Statutes Section 192.26. Subd. ~ 3. Residency Requirement. Police and fire protection personnel employed by the city shall be required to meet such residency requirements as"shall be established by their respective civil service commissions. There are no residency requirements for other municipal employees covered by Chapter II, Part II of this code. ORDINANCE CODE 11 CiT'f GF RICHFIELD, 't11NNES~ f ; of Subd. 8 4. Appointment and Placement of Relatives. Relatives closer than second cousins by blood or by marriage will not be employed in the same wark group- (Nnormally a work group will be defined as a department division), }n-seine-instances-a-division-er-d=stinet-and-separate-section-with}a-a divis=en-map-be-eons=doted-as-a-e~erk-grenp---Emp}ogees-xi}}-net-be-p}aced-=n a-e+er#-grenp-in-which-a-re}at}ve-xi}}-exerei3e-snperv=lion-odor-the-emp}ogee- A}}°deeiszens-ea-the-defznitiens-ef-merle-grenps-and°the-definttien-ef-a-re}atixe =a-snper~rzaer---re}ative-re}atienships-wi}}-be-made-bq-the-eitq-manager- ~'kereder-pessib}e;-the-eitq-manager-sha}}-avoid-the-appointment-ef-a-spense er-a-re}atiee-of-anq-eitq-efficia}- provided, however, that spouses may be employed in the same work group, so long as no em loyee will be placed in a work group in which a spouse will exercise supervision over the employee. All decisions on the specific determination of what may constitute a work group and/or supervisor-spouse reiatianship shall be made by the cit manager. Subd. 9 5. Probationary Periods. All original, promotional and transfer appointments in the city service shall be subject to the serving of a pro- bationary period. e+h}eh-sha}}-be-eenszdered-a-part-ef-the-examsniag-process- The probationary period shall be regarded as an integral art of the examin- atian process and shall be utilized for observing the em loyee's work, for assisting in the adjustment of the employee to his osition and for rejecting any employee whose erformance does not meet the required performance standards. Subd< ~8- (1) Length of Probationary Period. The length of the probationary period shall be six months except for police mea-and-adaiinistratide;-teehaiea} and-profess=ena} officers and management personnel, e+here-the-probationary period-sha}}-be-one-gear who shall serve a one-year robationary eriod The probationary period map be extended once with the approval of the city manager fora period not to exceed an additional six months, provided such extension is not in conflict with provisions of applicable Civil Service Rules and Regulations or collective bargaining agreements 6nbd--~}- (2) Removal of Probationary Employees A probationary employee may be removed from his position at any time during the probationary period after receiving the recommendation of the department head, by the city manager. A probationary employee who has been removed shall be notified of the reasons for the action, but the decision of the city manager shall be final. Snbda-;~- (3) Status During Promotional and Transfer Probationary Period. During a promotional or transfer probationary period, a promoted or transferred probationary employee shall retain his status as a permanent employee, and may be restored to his former or a similar position if 4aj his performance is unsatisfactory in his new position or Eb3 he requests to be restored to his former or a similar position and such vacancy exists. This may be done either during or at the completion of his promotional or transfer probationary period. After a permanent appointment is received in his new position, the promoted or transferred employee loses all rights to his former position. If an employee is restored to his former or a similar position because of unsatis- factory performance, he shall be net2fied-ef provided with the reasons for the action and shall have the right to appeal in accordance with Section 2.335 of this code. - ORDINANCE CODE 12 C;T`f GF RICHFIELD, ~11NNES0 f„ Srsbd--}3- (4) Conditions of Permanent Ap ointment An originally appointed, promoted or transferred employee will receive a permanent appointment to his new position upon ~a3 the successful completion of this probationary period, ~bj the favorable written recommendation of his department head and fej the approval of the city manager. Subd--}~+---Reinstatement---As-a-generaf-refer-anq-emp}ogee-ro~he-has-resigned from-the-t=tq-serdiee-and-e~he-is-Eater-reappointed-wif}-be-considered-as-a nerov-empfegee-e~=th-ne-accrued-z=ghts ; -prftli}egos-er-benefits-earth-a}}-srteh benefits-leaving-been-canoe}fed-arhen-an-emp}ogee-}eaxes-the-eitq-serdiee---The eitq-manager-maq;-heaeeer;-in-naasaaf-circumstances-and-parties}ar}q-in-the ease-ef-snperdiserq-persennef;-re=estate-an-empfegee-to-anp-position-~ahieh pr=}}-be_in_the-best-interests-ef-the-eitq-serdiee---Reinstatement-of-emp}ogees avhe-have-been-en-ms}=tarq-leave-is-regn}ated-bq-Plinneseta-Statutes; Section-}9S-~C- V. Section 2.32 of the Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 2.332. PAi~-PhApt-APtB-COMPENSATION P6£fEfES PLAN. Subdivision 1. Establishment of Plan. There shall be at all times a paq compe plan for all classes of positions included in the classification plan. Such pl shall be established, and from time to time amended, by city council resolution upon the receipt of recommendations from the city manager. The compensation plan resolution shall contain the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade, and the method of normal progression through the ay grade [Formerly 2.33, Subd. 2] In making such recommendations the city manager shall give appropriate consideration to the following factors: (1) Maintenance of equitable relationship between classes, _ based on their relative duties and responsibilities. (2) The general level of rates in the appropriate labor markets for comparable work under similar conditions. (3) Current recruitment and retention experience. _.~ Subd--~---8entent-ef-Paq-Pfan-Resefnt=ea---phis-paq-pfan-rose}mien-sha}i contain-the-assignment-ef-e~asses-to-paq-grades;-the-somber-ef-steps-in-each grade;-the-bi-aree~C}q-rates-in-each-grade;-the-method-ef-aermaf-progression through-the-paq-grade-and-the-caerk-week-in-hours-for-each-efassz Subd. 3 2. Total Compensation. The rates of pay set forth in the pay plan are for full-time employment and represent the total salary compensation in every form except as otherwise provided in this subdivision. The pay rate in the basic schedule of salary grades shall not be considered to include allowances for authorized travel or other expenses incurred in city business or allowances made to employees for the official use of personally-owned automotive equipment. ORDINANCE CODE atio 13 CIT'l OF RICHFIELD, 111NNES0 („ Subd. 43. Special Fees. Total compensation and other authorized pay increments shall be in lieu of any special fees or form of compensation which an employee or officer may receive or be authorized by law to collect. Such fees or other compensation shall be paid to the finance-director city in full. Any city officer or employee who shall fail to pay over to the finance-direeter city any such fees or other compensation as described herein shall be guilty of a misdemeanor. Subd. 5 4. Deductions. The employer shall make deductions from the employ pay as mandated by law. In addition, any employee may designate additional deductions from his pay for any pu oses authorized by the employer s' Subd--5r--$ednetieas---finq-effip}ogee-maq-authorise-dednetieas-f rem-his-gap-for the-fe}}ecaiag-purposes---{a~-6itq-emp~epee-group-insnraaee;-fb~-sa~riags bends;-{e~-~Tnited-Ennd;-fd~-emp}ogee-orgaaisatien-dues-sad-fees;-fed-emp}ogee credit-union;-and-ff~-assignment-and-additions}-e+ithhe}dings- Subd. 6 5. Compensation Period. All employees in the municipal service shall be paid ederq-seeoad-Fridaq bi-weekly. In the event that pay day falls on a holiday, the pay day will be on the preceding work day. Pay checks shall not be issued other than on regular pay days. Emp}ogees-map-request-sad-regicide eaeatiea-addaates-bq-appropriate-app}ieatiea-te-the-finance-direeter- Subd. ~ 6. Part-time Employment. An employee who works a fixed proportion of the established work week shall be paid that-prepertieaate-part-at-the appropriate-bi-aee}c}q-rate- the hourly equivalent of the bi-weekly rate for each hour worked (1/80th in the case of a fort hour week). Subd--8---intermittent-and-Hear}q-E io ent---fn-these-eases-arhere-a-person is-gimp}eged-xn-a-e}ass-an-an-intermittent-basis;-the-gimp}ages-sha}}}-be-paid the-hour}q-egniva}ent-{}fg®th_in-the-ease-of-a-48-hear-vrark-e~ee~e3-ef-the appropriate-bi-mee~C}q-rate-for-sash-hear-aer~Ced- Subd. 9 7. Pay Plan Administration. The city manager shall be responsible for administering the pay plan according to the following provisions: (1) Beginning Salar Rate. The beginning rate for a new employee normally will be the minimum rate in the established grade for his classification. In unusual situations, a pay rate above the minimum may be authorized to- fad meet difficult recruiting problems, er to obtain a person with markedly superior qualifications; fb3, to correct salary inequities eri to give credit for prior service;, or fe3 to recognize outstanding performance. (2) Method for Within Range Salary Increases. After appointment or promotion an employee shall be eligible for advancement through his respective pay grade based on the method of normal progression through the pay grade as specified in the pay plan resolution. Temporary and part time employees may accumulate time toward regular pay increase eligibility, provided that in any case of interim separation not more than six months sha-11 have elapsed. fi9r8-35~--if~5fii ORDINANCE CODE 14 CiT`! GF RICHFIELD, ti11NNES0 f:y j ~_ _~ C (3) Requirements for Pay Increases. For each employee to become eligible for an increase in pay, the department head under whom the employee works shall file a written statement with the city manager at least twenty days prior to the increase date stating his opinion as to the manner in which the employee has performed his assigned duties since the original appointment or last adtianee~increase in pay and his recommendation as to whether the employee should be granted or denied an advance increase in pay. If the employee's work has been properly and diligently performed, has been satisfactory in light of the length of service in the position and has shown the improvement normally to' be expected with increasing periods of service and other factors considered rel- evant to employment, the department head shall recommend that the employee be granted the next regular increase in pay. If, in the judgment of the depart- ment head, the employee's work has been below the standards that are expected, he shall recommend that no increase be! granted. The city manager shall auth- orize or deny pay increases for municipal employees as recommended by depart- ment heads, unless in his opinion and based on supporting information, the recommendation is unsound. In those cases where a department head recommends that an employee be denied an increase in pay, the department head shall notify the employee in writing of the recommended action, including the reasons therefor, at the same time he notifies the city manager. (4) Date for Salary Increase. Scheduled pay increases shall be made effective at the beginning of the pay period during which the required qualifying service and compliance with the other conditions of eligibility set forth in the preceding paragraphs (2) and (3) are completed. (5) Merit Pay Adjustments. In unusual situations and upon written recommendation of a department head that an employee has performed except- ionally outstanding service, the city manager may grant a merit pay increase. (6) Demotion Pay. Upon demotion, an employee normally shall receive a one-step decrease in pay. However, it shall be the responsibility of the city manager in each instance to determine the amount of pay decrease, if any, upon demotion of an employee. (7) Transfer Pay. When an employee is transferred to a position in another class, which class is assigned to the same pay grade as the employee's former class, he shall be entitled to the corresponding step in the grade of the class to which he transfers. . (8) Promotion Pay. Upon promotion, an employee normally shall be placed in the first step on his the new pay grade;_ exeep~-ghat-zn-eases-arhere-the-f=rat-step area}d-net-be-a-ene-etep-paq-increase-the-pron~eted-et~p}epee-chaff-be-pfaeed =n-aneh-step-in-the-nem-pap-grade-aa-map-be-neeeasarq-te-gimme-a-one-step znereaae---open-eempfetzen-ef-ene-gearja-aer~riee-the-pro~zaiena-ef-paragraphs {Q~-and-{3~-chaff-appfq-to-thc-premeted-empfegee- In situations involving the management pay plan, or in the event the city manager determines that the employee's current rate of ay or other com ensation makes such placement disadvantageous to the promoted em loyee, the city manager may determine a rate of pay within the ap ro riate ay grade. ORDINANCE CODE 15 CITY OF RICHFIELD, MINNESO P~; (9) Reclassification Pay. Ugon reclassification to a class having a higher pay grade, an employee normally shall receive act-}eas-than a one-step pay increase. however, the city manager shall retain the right to determine appropriate salary increases in all situations (10) Change of Class in Pay Grade. Upon the movement of a class to a higher pay grade, all employees in the class at the time of the change shall be placed in the same step in the new grade as they occupied in the old grade. Upon the movement of a class to a lower pay grade, the employees in the class at the time of the change will not be reduced in pay unless such action is specifically called for by the resolution moving the class to a lower pay grade. .- (11) .~deptzea-ef-~Tee+-Pay-P}aa---Hpea-adeptior~-of-a-new-paq-p}aa-rese}mien; the-method-for-=nit2a}-imp}eaaeatat=en-of-the-neea-p}an-aha}}-be-eatab}=abed-bq eitq-eenaei}-rose}nt=on;-e~eept-that-e+heneder-pesaib}e;-adept=oa-sad-imp}e- mcatat=ea-ef-a-ae~r-p}an-aha}}-not-affect-thc-eatab}iahed-aanideraarq-date-of anq-tmp}ogee- Special Compensation Provisions. The city manager may make an appropriate salary ad'ustment far employees who assume the duties and responsibilities of an additional position in the munici al service for an extended period of time. Snbd--}Q- (12) Reporting Pay. Permanent employees who report for work at a regularly scheduled time on a regular work day and are sent home by their supervisor because the work cannot be performed shall receive a minimum of two hours pay. Snbd--~}- (I3) Recall Pay. Permanent employees who are recalled to work after the completion of their regular work day by their supervisor shall receive a minimum of two hours pay for each call. ff9~4-5~--4f~zf~4 Snbd--}~- (14) Training Pay. The city manager may authorize either compensatory time or cash compensation, both at straight time rates to employees who are required to participate in authorized training programs which take place outside their regular work schedule. Snbd--}3---Repea}ed--~+f~~f~4---~$2}}-}9~y-~53 Sabd--}4- (15) Longevity Pay. (a) Permanent full-time employees who have performed satisfactory continuous service for the required number of years shall be eligible to begin accruing longevity pay at the beginning of the payroll period in which the required number of years has been completed. Eligible employees shall receive a longevity payment of 1°~ based on current bi-weekly base salary upon completion of five years of full-time service and 2% based on current bi-weekly base salary upon completion of ten years of full-time service Longevity increments shall be paid in addition to regular com ensation and may be incorporated with regular ay checks Snbd--~5. (b) Continuous Service. Continuous service shall be terminated by resignation, dismissal or retirement. If an employee so terminated receives a subsequent reappointment, he shall not be given longevity pay for service prior to the termination. Continuous service shall not be considered broken if an employee (1) is on military leave of absence and returns to city employ- ORDINANCE CODE 16 C;T~t GF RICHFIELD, 111NNESG f:+ 1 i!, ~I ~~ ment in accordance with federal and state law, or (2) is on authorized leave of absence or on a temporary suspension without pay. However, no credit shall be allowed for time toward the accumulations of a five-year period by employees suspended or on leave without pay for over thirty consecutive calendar days except when leave without pay results from an on-the-job injury, and additional time equal to the loss of service must be served to qualify for longevity. Srsbd--~6---:lmennt-of-}?apmentc--Eligible-employees-chaff-reeeide-a-longevity payment-of-~°f; based-en-et~rrent-be-meekly-base-salary-upon-completion-of-fibe gears-ef-serriee-and-$°fo after-completion-of-f9-gears-ef-cornice-based-open tlte-empfegees-et~rrent-bi-mee~Cfy-base-safarq---bengevzty-increments-chaff-be paid-in-addition-te-regular-eempensatien-and-map-be-ineorperaeed-mith-regular pap-eheeits---{$=ll-}9~4-5~--4f~~f~4 Subd. }~ 8. Overtime Pay and Com ensatory Time Off. Overtime is all time ordered and worked (in units of one-half hour or more) mhieh-is-in-excess ef-the-regularly-scheduled-heirs-ef-merit-for-an-emplepeea--It-is-the-policy ef-the-eitp-that-edertime-,-eekether-compensated-bq-eaah-payment-er-time-off; be-held-te-a-minimum-eensistent-mith-efficient-operation-and-the-prevision ef-essential-sereiees-te-the-public---Wheneber-possible;-merit-assignments should-be-made-in-sack-a-map-se-as-te-adeid-aettimalatien-ef-overtime-credits- by employees who are non-exempt from the provisions of the Minnesota Fair Labor Standards Act, which is in excess of the employee's regularly scheduled work week. Authorized overtime for eligible employees shall be com ensated at the rate of one and one-half times the employee's regular base rate of pav Compensation may be made either by cash ayment or by com ensator time off, at the direction of the city manager and to the extent permitted by law. (1) Administratide Managerial Em loyees. The employee position classifi- cation plan established pursuant to Section 2.30 of the Ordinance Code of the city shall include a designation of those administrative managerial employees who have responsibilities which are managerial-and supervisory in nature. Persons holding such positions in the eitpts municipal service may be referred to as tadministratide-emp}epees]-er 'managerial-anpereriserp employees'. Such employees other than those designated as the foremen, shall not receive overtime compensation either in the form of pay or time off, as provided for herein for other employees. The city manager may, however, grant reasonable periods of time off to administrative managerial employees when he determines that such time off is warranted. {$il}-}9gl_33__~f9tg} {~~--Repealed---ht~$f~4--{$ill-l9~4-5~ ~' {33--Eertain-Pnbfie-6afetp-Personnel---Permanent-part-time-personnel-in the-Pnblie-5afetp-Bepartment-including;-bnt-net-limited-te-Eemmanitp-Serdiee 8ffieers-and-8emmnnieatien-Aids-shall-be-compensated-at-their-regular-hen.rlp rate-for-all-time-merited---{$il1-1981-33--~f9f81 (42) Shift Employees. Shift employees who work an average forty hour week shall be compensated by cash payment at the rate of time and one-half for work performed in excess of their first eight hours per day and outside of their regular work schedule. ORDINANCE CODE i~ CiT`r GF RICNFIE!_D, ti11NNES0 f;, (3) Permanent Em levees. Eligible permanent and probationary em loyees, other than mana erial and shift employees, shall normally be com ensated for work ordered and performed in excess of a regular forty hours er week However, em loyees working flexible time schedules at the request of the employee shall be compensated in accordance with the overtime pay revisions established herein for only those hours ordered and worked in excess of the established flexible work schedule (ei ht hours er bi-weekl a cried) or forty-eight hours er week {S~--t~~}-9ther-Em }e des---£mp}ogees-ether-than-admiaistratire-emp}epees; shift-employees-aad-peraennef-described-in-paragraph-{3~-ef-this-seetiea-sha}f be-compensated-for-aerk-ordered-aad-performed-ia-excess-ef-the-first-eight hears-per-day-aad-for-everts-ordered-and-performed-in-excess-ef-a-regnfar-fertg hears-per-evee~C---Sneh-compensation-shad}-consist-ef-e=then-eompeaaaterp-time off-en-a-tine-and-eae-hatf-basin-er-payment-ia-cash-at-the-rate-ef-time-and one-haff---{$i}}-}gg}-33--~f9f8} {6~--$xeeption---S}erieaf-emp}epees-rega}arfq-required-te-attend-meetings eatside-their-regn}ar-everts-sehedn}e-sha}}-reeeide-egna}-time-off-for-time spent-at-meetings-outside-the-regtt}ar-averk-sehedn}es~ St~bd--}8---Eempeasaterg-~=me-8ff---the-manner-of-compensating-aa-emp}epee-for edertime-erork;-i-e-;-evhether-such-eempensatien-sha}}-be-eempensatorg-time-off en-a-straight-time-basis-er-cash-payment-at-the-rate-ef-time-asd-one-ha}f; sha}}-be-determined-ia-snob-inatanee-bp-the-eitp-manager---{$i}}-}98g-$~-8fE5f86 Snbd--}9---Speeia}-Freerisioas---~Jhere-thes-rn}es-de-net-speeifiea}}y-prescribe aa-overtime-pe~iey-for-certain-groups-ef-emp}epees;-the-city-manager-map authorize-either-edertime-pap-er-eempensatorp-time-off-ia-eases-evhieh-he fees-evarrant-seek-papraeat-er-time-off- Subd--~9---r~dministratien- (4) Administration of Com ensable Overtime (}a) Permanent employees normally shall aerma}}p be given preference in overtime assignments. In all cases, however, overtime assignments will be made in such a way that the functions of the municipal service will be most effectively completed. All compensatle overtime must be performed at the direction of the department head or his authorized representative, and overtime credit may be accrued for no other purpose. {B~--Per-the-purpose-ef-computing-edertime;-eaeatien;-he}iday;-Sick;-aad inJnrg-~eade-aad-earned-eempensatery-time-off;-sha~~-be-considered-as-the same-as-time-everked;-na}ess-the-edertime-evork-is-done-for-the-eeneenieaee-ef and-at-the-request-ef-the-emp}epee;-ia-evhiek-ease-the-edertime-shaf}-be straight-tame-rates- ' (3b) The times when compensatory time off may be taken shall be at the discretion of the department head, except that the employee's desires shall be given consideration whenever possible. When compensatory time off is ordered by the department head or requested by the employees, reasonable advance notice shall be provided. ORDINANCE CODE 1& C;T`t GF RICHFfEi_D, VIINNESO f;: I (5) Special Provisions. Where these rules do not s ecifically rescribe an overtime policy for certain grou s of em lovees, the city manager may authorize either overtime pay or compensatory time off in cases which he feels warrant such ayment or time off Snbd--~}r--6peeia}-Eem ensatien-Previsions---the-ei~q-manager-maq-make-aa appropriate-sa}arq-adJnstmeat-for-emp}ogees-rrhe-assrime-snbstaneia}-add=~iena} duties-and-respensib=}items-of-another-position-ia-the-ei~q-serdiee-for-an extended-per=ed-ef-time---4$=}}-i9~8-35j--}f~5f~i SnbH--~~---E}o~hiag-Previsions---the-eitq-manager-aha}}-determiae-the-extent te-evhieh-uniforms-er-spools}-items-of-a}othing-are-presided-te-various-e}asses ef-mttnieipa}-emp}ogees;-ine}using-the-grant=ng-of-paq-in-}ion-ef-prenisien-ef naiferms-to-a-p}aia-e}ethos-pe}lee-pe~?senne}- Subs. 9. Group Insurance Provisions. (1) Eligibility. Group insurance for the u oses authorized in Minnesota Statutesz Section 471.61 and under conditions therein set forth, may be provided to ermanent full-time and ermanent robationary full time employees of the city by resolution of the city council. (2) Coverage. Effective dates for commencement and discontinuance of group insurance coverage for eligible employees shall be in accordance with the respective group insurance plan specifications The city shall notify an employee u on termination of his eligibility to continue group insurance coverage in accordance with Minnesota Statutes, Section 62A.17. (3) Administration. The city manager is authorized to negotiate, a rove, execute, and renew group insurance contracts in the forms and for the pur oses authorized in Minnesota Statutes, Section 471.61. The city council may by resolution set the amount of city partici ation in the ayment of any remiums authorized by law for such contracts. (4) Coverage on Leave of Absence Without Pay. An employee may elect to continue group insurance coverage while on leave of absence without ay However during this period the city`s contribution to such coverage shall cease Subs. 10. Employee Training. (1) Responsibility For Training. Each department and division head shall provide on-the-job orientation and training and be responsible for the continuing development of each employee under his direction The personnel manager shall assist department and division heads in carrying out these res onsibilities and in meeting any special training needs. (2) Time for Trainin Training to improve the quality of an em loyee's work in his present osition may be considered city business and may be conducted during or after working hours Training to prepare the employee for promotion shall be on the employee's own time unless, because of shortage of man ower or other circumstances, it is in the city's interest to use work time. ORDINANCE CODE 19 CcT~r OF RICHFIELD, ti11NNES0 (;, Subd. 1L. Performance Evaluation. The city manager shall provide a formal performance evaluation for all city employees, and shall determine the s ecific method(s) and appropriate timing of such evaluations The department heads shall be responsible to ensure that such evaluations are consistently performed according to policy established by the city manager for all employees within their respective departments. VI. Section 2.33 of the Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 2.343. ATTENDANCE AND LEAVES. Subdivision I. Work Week. Except where a-different-xerk-ace#-ia-apeeified in-the-pap-p}an otherwise specified, the regular work week for city employees shall be forty hours or an average forty hours. seek-in-thc-ease-of-shift emp~egeea- The normal work day shall be eight hours; however, various depart ments and divisions may establish a different work day with the approval of the city manager. (1) Period•of Work Week. Inasmuch as certain departments must regularly operate seven days per week, employees of these departments may be required to work during any day of the week on a regular schedule. . (2) Rest Periods. City employees, when working under conditions where the use of a rest break period is practicable, shall be granted a fifteen minutes break period on two separate occasions during each work shift. (3) Lunch Periods. City employees whose work day exceeds five consecutive hours shall be granted thirty minutes without pay for a lunch eriod f3~ (4) Administration. The specific arrangement and adjustment of the hours of the work week shall be the function of the department head and city manager. Subd. 2. Holidays. fire-feiiewing-paid-heiidaga-eai}}-be-ebserved-bq-the-eitq- Eligible full-time employees will be granted eight hours of aid holiday Ieave for each_ of the following holidays observed b the City• New Year's Day on January 1st; Washington's and Lincoln's Birthdays on the third Monday in February; Memorial Day on the last Monday in May; Independence Day on July 4th; Labor Day on the first Monday in September; Veteran's Day on November 11th; Thanksgiving Day on the fourth Thursday of November; the Friday after Thanksgiving; Christmas Day; a holiday the date of which shall be desig- nated each year by the city manager; and one floating holiday. ~$iii-}g~g_}~ }f~z~f~9 (1) Eligibility for Paid Holidays. Ail permanent employees and full-time probationary employees, except Public Safety personnel who are shift employees, shall be eligible for the paid holidays listed above. Employees must be on pay status the work day immediately preceding and the work day immediately following a holiday to be eligible for such holiday. Employees who are required to be on duty and are unable to observe a holiday will be ermitted to take their allowed number of holiday hours of leave with pay within twelve months of the holidav worked. ORDINANCE CODE 2p CIT`t GF r~iCHFiELD, '~11NNES0 fP. ~i (2} Administration of Holiday Leave and Floating Hblidavs. In instances where holiday Leave is taken at a time other than an observed holiday, such leave must be approved by the de artment head and shall not be charged in amounts of less than four hours. (3) Holidays Falling on Week Ends. Eligible holidays which fail on a Saturday will be observed on the preceding Friday; eligible holidays which fall on a Sunday will be observed on the following Monday. (4} Holidays Occurring During Leaves of Absence. When a holiday comes during an authorized leave of absence for which an employee receives compensation, the holiday will be counted, but not as part of the leave of absence. (5) Holidays for Shift Em loyees. Employees engaged in shift work who are unable to observe a holiday will be permitted to take equivalent time off within twelve months of the designated holiday. (6) Permanent Part-Time E loyees. Holiday leave shall be accrued by permanent. Bart-time employees at the rate prescribed for permanent employees but prorated to the hours worked per week by the permanent part-time employee. {53--Repeafed-~+f~Sf~4---{Biff-i9~4-5~ {~3--Repeafed-4fz~f~4---{$iii-i9~4-5~ {B~--Administration-of-Hefidaq-heave-and-Pleating-Hofidapa---fn-the-ease of-shift-empfegees;-ffeating-hofidaga-and-hefidaq-feane-taken-at-a-time-other than-s-hoiidap-mnat-be-approved-bp-the-department-head-sad-chaff-be-charged aa-nacd-in-amoa.nta-ef-not-leas-than-fear-hears---{$=}}-i9~9-i3__ifZ~f~9 Subd. 3. Vacation Leave. 6~aeatien-leave-Frith-pap-ehaii-be-granted-aa prescribed-herein- (1) Eligibility for Vacation Leave. All permanent employees and full-time probationary employees shall be eligible for vacation leave upon accrual except that no employee shall be allowed vacation Leave until after completion of six months of employment. {$=}}-}9~4-43--3fi~f~9 ¢$~--Aeernai-of-8aeation-heave---yaeation-ieade-credits-shall-be-aeereed aa-fo~~oara- (2) Full-Time Em loyees. All full-time permanent and full-time probationary employees shall accrue vacation leave according to the followin schedule: (a) Pemtanent-Fnff-~ime-Empfageea-6~ith-hens-khan-Fine-yearn-ef-6ervieea 6~aeation-leave-altaff-be-aeerned-by-aff-permanent-emp}epees-echo-bade-eempfeted tereine-months-eentinnena-aereiee,-bat-net-mere-than-fide-pears-at-the-rate-ef teeefde-erorhing-daps-{or-ninetp-eix-hoara~-for-each-teaefee-months-ef-aetiere ei~.q-aerniee- From the beginning of continuous employment through the fifth year of continuous employment, each em levee shall earn vacation at the rate of 3.70 hours per bi-weekly pay cried (twelve days per year) ORDINANCE CODE 21 C1T`r GF RICHFIELD, 11NNES0 f„ (b) Permanent-Emp}ogees-4r'ith-Mere-khan-Fide-years-ef-Service;-btst-Eels ~haa-lea-dears-ef-Sera=eec--~laeatiea-}cave-sha}}-be-aeertsed-bq-a}}-permaaent emp}egees-~he-hare-comp}eted-mere-than-fire-gears-ef-eeatinneas-sereiee;-bnt mere-mere-than-tea-gears;-at-the-rate-ef°fifteen-aeerkiag-daps-{er-}E8-henrs~ for-each-true}ve-meaths-ef-aetide-eitq-service- From the beginning of the sixth year and through the tenth year of continuous employment, each employee shall earn vacation at the rate of 4.62 hours per bi-weekly pay period (fifteen davs per year). (c) Permanent-Emp}egees-h~ith-P4ere-~haa-lea-i~esrs-ef-Serdiee;-bnt-Eesa ~haa-Fifteen-nears-ef-Serdiee---Tdaeatiea-}ease-sha}}-be-aeert~ed-bq-a}}-permanent fnff-time-emp}epees-a+he-babe-comp}eted-mere-rhea-f9-gears-ef-eeatianens-sereiee bnt-act-mere-than-i5-}+ears-at-tile-rate-ef-eighteen-arerking-daps-{er-}44-honrs~ for-each-te+e}ee-months-ef-aetitie-eitq-~ser~iee- From the beginning of the eleventh year and through the fifteenth year of continuous employment, each employee shall earn vacation at the rate of 5.54 hours per bi-weekly pay period (eighteen days per year). (d) Permanent-Fn}}-dime-Emp}egees-i~ith-?4ere-~haa-F=ft.eea-dears-ef-Serviee~ ~3aeatiea-}once-sha}}-be-aeeraed-bq-a}}-permanent-emp}egees-ache-ha~se-comp}eted mere-thaa-~5-gears-ef-eeatianeas-serriee-at-the-rate-ef-txeatq-aerating-daps-{er }68-henrs~-for-eaek-tone}be-months-ef-aeti*re-zitp-sertiieer From the beginning of the sixteenth year of continuous employment, throughout the duration of employment, each employee shall earn vacation at the rate of 6.16 hours per i-weekly pav perio {e~ Repea}ed-4fzz~ffhr--{Bi}}-}9~4-5~ (f~) Permanent Part-time Employees. Vacation leave shall be accrued by permanent part-time employees for each twelve months of continuous and active city service at the rate prescribed for permanent employees in proportion to the hours worked per week as measured against the hours worked per week by the a permanent full time employee. A permanent part-time employee shall be eligible to accrue a proportional share of vacation leave as scheduled in Section 2.33, Subd. 2, provided, however, that increases in vacation leave accrual rates shall be based on total hours worked and not on years of employment. For purposes of determining increase in vacation accrual rates, 2080 hours shall equal one year of employment. (g4) Accrual of Vacation on Leave. An employee shall continue to accrue vacation while on any other compensated leave. Sabd--~----yaeatien-Eeane-Admiaistratieac--baeatien°}cane-sha}}-be-administered as-fe}}ewsr {}~ Bepartment-Head-?sppre~*a}---:~}}-daeatiea-}cave-sehedn}es-mast-be-approved bq-the-department-head-and-fi}ed-in-the-preser=bed-manner-with-the-personae} effice~--}a-apprediag-snob-sehedn}es;-the-department-head-sha}}-consider°the needs-ef-the-mnnieipa}-serdiee-and-the-senieritq-and-xishes-ef-the-emp}epee- ORDINANCE CODE 22 CST's GF RICHFIELD, 111NNE50 f:: I (5) Use of Vacation. Vacation leave mav_ be used as earned, provided that such leave shall be filed in the manner prescribed by the Personnel Office and that the department head shall approve the time and duration of the leave to be taken {P~ 8aeatiea-Eeade-Shargea- Vacation leave shall be charged as used in amounts of not less than two hours. (36) Holidays Occurring During Vacation Period. When a holiday occurs during an employee's assigned vacation and the employee is regularly entitled to the holiday, it will not be counted as part of the vacation time. (&7) Vacation Accumulation. ~Taeatiea-mast-be-taken-cvithia-a-tape}*re-meath period-after-the-eemp}etiea-ef-the-geafr-ia-evhieh-it-is-earned Vacation leave mav be accrued to a maximum of 240 hours unless written authorization extending this period maximum is obtained from the department head and the city manager. Hours in excess of 240 hours, if not a roved, shall be forfeited by the employee. (58) Terminal Vacation. Accrued but unused vacation will be paid upon separation except that employees separated prior to completing six months of continuous and active city service shall be ineligible for terminal vacation pay. Subd. 54. 6ie~C-£eaee---Sie3e-}ease-with-pap-sha}}-be-granted-as-prescribed-herein- {}3 Reasons-fer-6raating---Sieh-}eabe-ska}}-be-granted-fer-the-fe}}owing reasons- {a~ Phgsiea}-iaeapaeitq-iaenrred-ea-er-off-datq;-except-fer-pe}iee- mea-wad-firemen-avhe-ara-a}igib}e-fer-iaJarq-}cave-fer-iaeapaeitq-iaenrred evhi}e-ea-dntp- {b~ Persona}-i}}aess;-iae}xdiag-mediea}-and-Beata}-a.ppeiatmeats daring-xeric-hears- " {e~ Enforced-gnaraatine-ef-the-emp}ogee-ia-aetordanee-a+ith-eemmnnitq hen}th-toga}atieasc {d~ Seriens-i}}aess-or-death-ia-the-immediate-farm}q---}mmediate-is defined-as-wife;-hnsbaad;-chi}dreg;-nether;-father;-brother;-grandmother; grandfather;-mother-is-}aw-wad-father-ia-}acv---$rether--and-sister-is-}atv sha}}-be-eeasidered-as-immediate-farm}q-ia-the-ease------ea}qr--there-ska}}-be a-maximrsm-ef-three-Bags-sie4~-}ease-permitted-per-slag}e-eeenrrenee-Hader-this snbsretiea- {23 E}=gxbi}itq-fer-Sieic-Eeare---fl}}-permanent-emp}ogees-and-fn}}-time prebatieaarq-emp}ogees-sha}}-be-a}igib}e-fer-sieh-}ease-aeerna}---Heevener; ~, --------------granted-prebatienarq-emp}ogees-sha}}-not-be-anal}ab}e-fer-nse --= --sat=sfaeterq-comp}otien-of-at-}east-six-months-ef-the-prebatieaarq I'~ periedr--{$i}}-i9~9-35~--}f~5f~} - rleerna}-ef-Sie?e-Eeave---Siege-}ease-sha}}-be-aeerned-as-fe}}ems- ~' I ORDINANCE CODE 23 C,T~r GF RiC~FiELD, ;~11NNES0 r;, Subd. 4. Sick Leave. (1) Eligibility and Accrual. All permanent em loyees and full-time probati employees, except as otherwise provided, shall be eligible to accrue and use sick leave. (a) Permanent Employees. Sick leave shall be accrued for all permanent full-time employees and permanent full-time probationary employees at the rate of one-ererkiag-daq-per-month-ef-aerviee-anti}-}88-daga-of-aiek-}ease-have-been ' aeen~nn}aced-and-then-a~-the-rate-ef-one-fenrth-{}f4~-~-erkiag-daq-each-ea}endar month-ef-aerdiee-er-ntaJer-fraet=en-thereof-ev=th-ne-aeemm~}atieaa--{$z}}-~9~4-53 4f~~f~4 3.70 hours per bi-weekly pay period until 960 hours of sick leave have been accumulated and then at the rate of .93 hours per bi-weekly pay period of service or mayor fraction thereof with no maximum accumulation. (b) Permanent Part-Time Employees. Sick leave shall be accrued for permanent part-time employees at the rate prescribed for permanent full-time employees, but such accrual shall be in proportion to the hours worked per week by permanent full-time employees. fc~ Repea}ed-4f~~f~4---{$=}}-}9~4-53 {d~ Repea}ed-4fP~f~4---{$=}}-}9~4-5~ {e~ Sie~C-heae-e-Aeerna}-Nhi}e-en-heave---An-emp}ogee-aha}}-toatinrte te-aecrne-aie~C-}cave-whi}c-ea-anq-ether-eeetpeaaatcd-}ease- (c) Sick Leave Accrual While on Leave. An employee shall continue to accrue sick leave while on any other com ensated leave (2) Usage. Sick leave shall not be considered as a vested right which an employee may use at his discretion, but shall be considered as a type of insurance which may be granted only for the following reasons° (a) Physical incapacity incurred on or off duty (b) Personal illness, including medical or dental treatment for the employee or medical or dental treatment for the employee's s ouse or children residing within the em loyee's household (c) Enforced quarantine of the em loyee in accordance with community health regulations. (d) Serious illness or in'ury in the immediate family For u oses of this sub-paragra h, immediate family is defined as s ouse, arents, children, siblings, grandparents, grandchildren, mother-in°law and father-in-law There shall be a maximum of twenty-four work hours of sick leave ermitted for any single occurrence under this sub-paragra h. For purposes of this subpa include all events which are re eligible family member. ragraph, "occurrence" shall be interpreted to lated to any one illness and/or iniurv of an ORDINANCE COOS Zq CITY GF RICHFIELD, 'l1WNES0 f,~ C u (e) Death in the immediate family. For the pu oses of this sub- paragraph, immediate family is defined as spouse, arents, children, siblings, grandparents, grandchildren, mother-in-law, father-in-law, brother-in-law (3) Application Procedure. I_n order to be eligible for aid sick leave, an employee must: (a) Notify his su ervisor within one-half hour of the time set for the beginning of the emplo ee's work day ~- (b) Give his supervisor an anticipated return date and notify him as soon as possible if that date should change (c) Submit, if required by the city manager, a medical certificate from a licensed physician stating the nature of the illness or injury and whether the employee has been Inca acitated for work for the eriod of absence Sttbdc-b---Sick-£eade-Administration---Sie3t-feaee-shaff-be-administered-as-feiiows- f}~ Requests---Requests-for-sieic-feaee-shonfd-nermaffp-be-made-before-an empiegee-is-regnfariq-sehednfed-te-report-for-dntp- f~~ Beetorjs-Eertsfieatev--the-eitp-manager-has-the-right-te-eerifq-the ----------sickness-ef-an-emp~egee-and-maq-require-a-deeteris-eertif=cafe-for ---------drse-to-sie~eness---the-certificate-mrsst-State-the-triad-and-nature-ef sie~Cness-or-inJnrq-and-whether-the-empfogee-has-been-incapacitated-for-arerk for-said-period-ef-absence- (34) Sick Leave Charges. Sick leave shall be chargeable only when used on regularly scheduled work days or work periods. E43 Heiidap-9eearrin -Bnring-Sieie-heave- When a holiday occurs during an employee's sick leave and the employee is regularly entitled to the holiday, it will not be counted as part of the sick leave time. (5) Penalty. The city manager has the right to verify the re orted sickness of an employee. Claiming sick leave when hysically and mentally ° fit, except as permitted in this section, may be cause for disci linary action, including sus ension, demotion or dismissal Subd. 5. Personal Leave. (1) Eligibility and Accrual. Effective January 1, 1982, each ermanent full-time or full-time robationary employee classified and compensated under the Management Pay Plan, as that Plan has been ado ted and may be amended from time to time pursuant to Section 2 32 of this Code, shall be eligible to accrue and use personal leave. An eligible em loyee strall accrue 1 54 hours of personal leave bi-weekly and may accumulate such leave from year to year to a maximum of 160 hours of personal leave unless written authorization extending this maximum is obtained from the department head and the city manager. Hours in excess of 160 hours shall be forfeited by the em loyee without compensation. ORDINANCE CODE 25 C;T`r GF RICHFIELD, 1,11NNES0 f„ no sick leave. any other be eligib (b) Conversion of Siek Leave Benefit. Each employee who becomes eligible for personal leave and who has accrued sick leave hours shall convert such sick leave hours into personal leave hours in accordance with the formula developed and amended from time to time by the city manager and set out in the citv's Personnel Policy. In the event that an employee ceases to be classified under the Management Pav Plan but remains in the em loy of the city, that emplovee's personal leave shall be converted back to the then applicable sick leave benefit in reverse application of the abovementioned formula then in effect. (2) Usage and Administration. An employee may use accrued personal leave forany reason, subject to the restrictions stated herein, but shall be required to use accrued personal leave for illness or in ury necessitating absence from work,_except that personal leave shall not be used if the em loyee is eligible for short term disab~.lity or long-term d3sab~.lity benefits Personal leave shall be scheduled and administered under direction of the de artment heads. In the event of_illness or in'ur necessitating work absence, the em loyee requesting such leave shall notify his or her su ervisor prior to the scheduled reporting time. Requests for ersonal leave for reasons other - than illness or injury must be submitted to the supervisor a reasonable time in advance of the eriod of time for which such leave is requested to enable the supervisor to arrange for normal continuance of the department functions, and in such cases, requested personal leave will not be unreason- ably refused, but shall be subject to and coordinated with the administrative and managerial needs of the City. Personal leave shall be chargeable only when used on regularly scheduled work days or work eriods When a holiday occurs during an employee's personal leave, and the em loyee is regularly entitled to_time off on the holiday with ay, such time will not be charged against the employee's personal leave. Subd. ~ 6. Repea}ed-~+f~z~f~4---4$i}}-}9~h-g~ Other Leaves. Subd--8- (1) Leaves for Jury Duty, Attendance at Conventions and Other Meetings When an employee performs fury duty or is subpeonaed as a witness in court, he is entitled to compensation equal to the difference between his regular pay and the amount received as juror or witness fees. Such time off shall be con- sidered as time on duty. Attendance at conventions and other meetings and visits to other cities shall be considered as time on duty; provided, that such attendance be approved in advance, and in writing, by the city manager. Snbd--9- (2) Leaves for Military Service. All full-time employees shall be entitled to benefits as provided in the Minnesota Statutes, Sections 192.26 and 192.261. Snb~--}8- (3) Leave of Absence Without Pav. Leaves of-absence without pay for periods of up to 90 days may be granted at the discretion of the city manager. The city manager is authorized to extend such leaves to a maximum period of one year in cases of disability or where extraordinary circumstances in his judgment warrant such an extension. No vacation or sick leave benefits shall accrue during a period of leave of absence without pay. (a) Restrictions. Notwithstandi e eligible for ersonal leave sha provision of this Code. ORDINANCE CODE 26 C;TY GF RICHFIELD, 111NNES0 f;, Snbd--}}- (4) Absence Without Leave. If any employee shall, without proper authorization, be absent from duty, whether for part or all of a working day or for a longer period, such absence may be grounds for disciplinary action or discharge. Absence without leave for a period of fide three duty shifts may be considered eanse-fer-antematie-termination resignation of employment and separation from the city service. Z-35--&RABP-~YSHRr1Y6E-PFt68}SfBYS- C Snbdidisien-}---Hesp2~a}-~Iediea}fSnrgiea}-}nsnraaec-Grea -E}an---Sneh-an insaranee-p}an-is-a~tat}ab}e-fer-a}igib}e-eitq-emp}ogees-and-their-farm}iesc f}~ E}igibi}ity-fer-}asrsranee-Bias-$cnefits---Af£-permanent-fnf£-time emp}ogees-and-permanent-prebationarq-emp£ogees-sha}}-be-a}igib}e-for-iasnranee plan-benefits-ef-the-e=tgis-Iiospita}-P4edieaifSnrgieai-iasaraaee-6renp-B}ana f~3 Premium-Eagmentsr--the-tots}-month}g-premium-fer-participating emp}epees-sha}}-be-paid-in-the-foffeaing-manner- fa3 the-eitq-eonneif-shaf}-bq-rose}ntiea-determiae-tke-eitgis contribution-towards-~.he-premium---f$i}}-}gf5_g~__}fE~f~S fb~ the-pantie=pacing-emp}ogee-sha}}-paq-anq-remaining-premium charge-threngh-pagre~}-deductions- f3~ Effeetiee-Bate-ef-Eoverage---Fear-a}igib}e-emp}ogees-who-a}eet-to participate-sha}}-be-eerered-en-the-first-ef-the-month-fe}fewing-their-date of-emp~egmeat- f4~ Biseentinuanee-of-Ee+~erage---k'keneder-a-eodered-emp}ogee-eeases emp}epment-with-the-eitq;-insurance-coverage-wi}}-be-diseontinaed-on-the-first ef-the-month-fe}~ewiag-the-date-ef-termiaatienr f53 Eoderage-ea-heave-ef-:lbsenee-~Iitheut-gag---An-emp}epee-can-a}eet-to eentiane-coverage-whx}e-on-}ease-of-absence-without-pag---Howeder;-daring this-period-the-eitgjs-eentributien-sha}}-cease---fBi}}-}gfg-353__}fg5ff} Snbd--Z- berm-bife-and-Accidents}-Beath-and-Bismemberment-insurance-Erenp-P}sn- Seseh-an-insnranee-p}an-xs-avax}ab}e-fer-efxgsb}e-eitq-emp}ogees-sad-their-farm}zas® {}3 A}}-permanent-ftt}}-time-and-permanent-prebatienarq-emp}ogees-sha}} be-e~igibte-for-insurance-plan-benefits- f3~ the-monthfq-premium-fer-the-baste-$5;8$8-insnraaee-pe}ieg-shaf}-be paid-fer-bq-the-eitgr f3~ Yew-e}igib}e-emp}ogees-sha}}-be-eenered-en-the-first-ef-the-month fef}erring-thirtg-f38~-ea}endar-daps-ef-emp}egment- f4~ Whenever-a-eeeered-emp}epee-eeases-empfegment-with-the-eitq;-in- snranee-eederage-wi}}-discontinue-thritg-one-f3}3-daps-fo}}owing-the-date ef-term=nation- ORDINANCE CODE 27 C;T`r GF hiC.iFIELD, ti11NNE~rJ (~, E-36 E~PEB~r~E-fR~fP~f~t6-:ENE-EBr~Et~A~i6Pt-8F-EERFBRpi.~tEE- Subdivision-l- Respensibilitp-For---Each-department-head-shal}-be-respensible fer°tke-prevision-of-cn-the-lob-erientatien-and-training-and-fer-the-eentinning development-ef-cash-emplegee-cinder-his-direction---fhe-personnel-direeter-sha}} cooperate-e~ith-and-assist-department-heads-in-earrging-eat-these-respensi- bi}=ties;-and-ia-meeting-ang-special-training-needsr " Subd--E- dime-fer-gainin ---~rainiag-te-improve-tire-quslitg-of-arerie-of-the emp}ogee-serviag-his-present-pesitien-maq-be-tensidered-eitq-business-and maq-be-conducted-daring-er-after-ro~oriciag-keursr--(raining-to-prepare-the emp}ogee-for-premetien-shall-bren-the-emplegeets-eaa-time-ualess;-because ef-shortage-ef-maapeaver-or-ether-eireumstanees;-it-is-te-the-eitpzs-interest te-use-aerie-rime- Subd--3- Evaluation-ef-E }ogee-Performance- fly Each-department-stead-shall-provide-fer-an-annua}-ovaluatien-of-a}£ permanent-emp}ogees-in-his-department---Fer-pcrmanent-emp}ogees-net-at-their maximum-salarg-step;-the-department-head-sha}~-provide-fer-aa-evaluating-at }east-sixtp-daps-prior-to-tine-emplegeeis-annivcrsarq-date---'£hese-evaluations shall=include-a-diseussxen-betaeea-the-emp}epee-and-his-immediate-snperviser fer-tire-pnrpese-ef-determining-peels-and-ovaluatiag-progress-teaard-better performance-and-persona}-dove}epment---A-memorandum-reeerd-ef-tire-results-ef these-diseussiens-shall-bc-feraarded-te-the-personnel-effite-bq-tire-department head-ea-forma-prescribed-bg-the-personnel-department- FED Eepartment-heads-sha(}-provide-far-aa-ova}nation-of°a}(-their-p.ro- batienarg-emp}epees-at-}east-sixtp-daps-prior-te-tire-eempletion-ef-rite-pre- batienarq-period---(his-ova}uatiea-skal}-include-a-diseussian-between-the emp}ogee-and-his-immediate-saperviser-fer-the-purpose-ef-determining-gem s and-evaluating-progress-reeerd-better-performance-and-persona}-development- A-memorandum-reeerd-ef-the-results-ef°these-diseussiens-shall-be-feraarded to-the-department-head-and-the-perseaae}-effiec-bq-the-supervisor-on-forms prescribed-bq-the-persenne}-department- f3~ k'herever-in-the-personnel-rules-ref-renee-is-made-te-usatisfaeterg perfermaneeu-er-LStandard-performanee1;-this-Shall-be-determined-bg-rite-de- partment-head-based-ea-the-ova}uatiea-farm-submitted-te-him-bq-the-supervisors- ORDINANCE CODE 28 CITY GF RiCHF1ELD, `,11',`JNE~O f,. I f~+~ Eaeh-e:sp}agee-sha}}-be-gitien-a-eopq-ef-the-ova}nation-form=prepared bq-his-snperdiser-regarding-his-pregressr ~b~ the-eda}Nation-of-emp}ogee-performance-deseribed-herein-sha}}-not pree}tide-department-heads-from-eeadneting-mere-fregNent-eesa}Nation-if considered-desirab}ec VII. Section 2.34 of the Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 2.34. PENALTIES AND SEPARATIONS. 1 ~I Subdivision 1. Discipline. City empP°oyees shall be subject to disci linar~ action for failing to fulfill their duties and responsibilities, including lack of observance of work rules, policies and rocedures adopted by the city manager Every disciplinary action shall be for .dust cause and applied without discrimin- ation The employee ma use the grievance procedure outlined in Section 2 35 with respect to punishment which the employee believes is either unjust or dis- proportionate to the offense committed. (1) Forms of Discipline. Discipline may be in one or.more of the following forms: (a) Oral reprimand. Whenever an employee's performance warrants discipline his supervisor shall inform him rom tly and s ecifically of the defici (b) Written reprimand. In situations where an oral warning has not resulted in sufficient im rovement of the em loyee deficiency or where more severe initial action is warranted, a written re rimand shall be issued to the employee and a copy laced in the employee's personnel file (c) Suspension Without Pay. In those cases where one or more written reprimands have not proven to be effective, or in those cases where the serious- ness of the events or conditions warrant it, an em loyee may be sus ended without pay by the city manager, for a period not to exceed thirty calendar days in any one calendar year. (d) Demotion and Dismissal. When other forms of disciplinary action ° have proved to be ineffective, or where the seriousness of the offense or condition warrants it, the city manager may demote or dismiss an em loyee for 'ust cause ~-3f--~ERP3}P7AT}9~TS- Subd. 2. Terminations. SNbdi~sision-}r (i}. Resignation. Any employee wishing to leave the municipal service in good standing shall file with his supervisor or department head, at least fourteen days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving. Failure to comply with this procedure may be considered cause of far denying such employee future employment by the municipality and denying terminal leave benefits. Unauthorized absence from work for a period of fuse three working days may be considered by a department head as a resignation without benefits. ORDINANCE CODE 29 CITY GF RICHFIELD, ti11;VNcSO (:, 9nbd--?' (2) Lay-Off. The city manager may lay off any employee whenever such action is necessary because of shortage of work or funds, the abolition of a position, or changes in organization; provided, however, that two weeks advance written notice shall be given to the employee. Hemetler;-ae-permanent emp}epee-sha}}-be-}aid-off-whi}e-there-are-temperarp-emp}epees-sertring in-the-same-c}ass-ef-position-for-~ahieh-the-permanent-emp}epee-is-qua}ified; e}ig=b}e-and-aeai}ab}e- Length of service in the same position class may be given consideration. Snbd--3c (3) Retirement Age. The retirement age for all employees of the city except elected officials but including the city manager, city attorney and health officer, notwithstanding the provisions of Section 2.28, Subdivision 5, shall be age-65-snbleet-te-the-fe}}eaiag-predisiens~ as provided in the Age Discrimination and Employment Act of r9b7,as amended, and sub'ect to all applicable exceptions contained therein, such retirement age shall be sub'ect to the follow~.ng provisions f}3 Asp-emp}epee-except-pe}iep-and-firemen-ether-than-the-heads-ef-these departments-she-aras-odor-68-pears-ef-age-ea-Apri}-~;-}96~;-sha}}-be-a}igib}e te-eeatiane-in-the-emp}epmeat-ef-the-citp-nati}-Apri}-};-}9~~;-er-natsf reaehiag-age-~9;-arhiehe~rer-is-ear}ier-na}ess-a-medics}-examiaatien-ef-snch an-carp}epee-disc}eses-that-the-emp}epeets-abi}itp-te-perform-the-duties-ef his-pesitiea-has-bees-impaired-bp-reasea-of-sap-phpsiea}-i}}aess-er-dcfi- eieaep-ia-arhieh-cane-the-emp}epee-ska}}-be-retiredc f~~ Anp-emp}epee-except-pe}lee-and-firemen-ether-than-the-heads-ef-these departments-ef-the-eitp-as-ef-Apri}-};-i96~;-site}}-be-a}igib}e-to-continue in-the-emp}opmcnt-ef-the-citp-nati}-he-has-aeexmr~}aced-Z9-pears-ef-service with-the-citp-er-anti}-he-has-reached-age-~9;-whichever-is-cariier;-but-this precision-sha}}-net-re~nire-retirement-befere-age-65-nn}ess-a-medics}-exam- inatiea-ef-snch-aa-emp}epee-disc}eses-that-the-emp}epeeis-abi}itp-te-perform the-duties-ef-his-pesitiea-has-bees-impaired-bp-reason-ef-sap-phpsiea} i}}ness-er-defieienep-ia-evhieh-case-the-emp}epee-sha}}-be-retired- f3~ Anp-emp}epee-retained-ia-the-mnnicipa}-service-bepend-the-age-ef-65 pears-under-tke-precisions-ef-the-tire-preceding-paragraphs;-er-reinstated-er appeiattd-from-a-reemp}epment-}ist-after-said-age;-sha}}-be-required-to-snb- mit-a-satisfaeterp-report-ef-~tedica}-examinatiea-bp-a-phpsiea}-appreced-er designated-bp-the-citp-manager-ro+hieh-sheers-the-emp}ogee-to-be-phpsiea}}p-and meats}}p-ab}c-te-perform-the-duties-ef-his-pesitiea- (&a) Where the city manager finds that the continued employment of an employee beyond age b5-set-eecered-nailer-the-preceding-paragraphs 7b would be of special benefit to the city, he may extend such retirement age on a year- to-year basis not to exceed the age of ~8 75, upon receipt of adequate medical information indicating the employee is in good health and able to perform his work. Upon written notice to the employee, the city manager may cancel a deferral of retirement at any time. (Sb) The city may require verification of the age of any employee, and failure of the employee to provide such verification shall permit the city to determine that such employee has reached the age of mandatory retirement. Failure to provide verification in the form requested shall be grounds for dismissal. ORDINANCE CODE 30 C;T`r OF RICriFIELD, ",11NN~S0 f;, I (6c) Employees will retire at the end of the month in which they reach retirement age. Snbdc-4- (d} Service After Retirement. The provisions of this section shall not prevent a former employee of the city from being engaged as a full-time or part-time consultant of the city on specific projects after retirement. (e) Separability. The provisions of this section shall not be deemed to amend or modify anv age retirement provisions relating to the retirement of members of the Police or Fire Divisions which are contained in an state statute or in any rule of the Police and Fire Civil Service Commissions. Z-SSA---BfSEfPhfNARi~-A6~f8P1S- .• 1 Snbdidiaien-i- 4~arning-and-Reprimand---4~h.enerer-an-empfegecia-performance faffa-under-eae-of-the-eansee-for-aetien-fisted-in-Seetien-z~-3fA;-Snbdiniaion 4;-entitfed-uBaesaea-for-fletionu;-hiz-anpcrdiaer-chaff-iaform-him-premptfq-and ~pe~ifie~ffq-ef-such-fapaea---ff-appropriate-and-Jrsatifiedy-foffeeing-a-dis- enaaien-ef-the-matter;-a-reaaenabfe-time-for-imprebement-or-eerreetien-maq-be affeared-before-anq-farther-dineipfinarq-action-ia-initiated---fn-aitnationa where-an-eraf-earning-haw-net-reeafted-in-the-correction-ef-the-eendztieet-er where-more-se~rere-initiaf-etien-ie-earranted;-a-eritten-reprimand-chaff-be sent-te-the-empfegee-and-a-eepq-pfaeed-in-the-cmpfegecia-peraennef-fefder in-the-peraonnef-office- Snbd--Z- Saapen9ionc--fn-these-eases-chore-eae-or-mere-Britten-reprimanda~ has-not-proven-te-bc-effeetide;-er-in-these-eases-chore-the-serienaneaa-ef the-ciscuts-er-conditions-earrant-it;-an-emp}ogee-maq-be-suspended-eithont paq-bq-the-eitq-manager;-for-a-period-net-te-exceed-thirtq-eafendar-daps in-anq-one-eafendar-gears Subdr-3- Bemetien-and-Bismissaf---h~iea-ether-forma-ef-diseipfiaarq-aetien hale-prored-iaeffeetide;-er-chore-the-seriousness-ef-the-offense-er-condition earrants-it;-the-eitq-manager-maq-demote-er-dismi3s-tke-empfegee-for-anq-ef the-causes-fisted-in-Snbdiarisien-4-ef-this-section-entitfed;-u8auses-for-Aetionu- Snbd--~+- Eauses-for-Aetien---Apprepr=ate-diseipfinarq-aetien-maq-be-ta~Cen for-anp-ef-the-feffoeing-eaases- Ef~ fneompeteneq;-ineffieieneq;-er-negfigenee-in-the-performance-of-dntq- f~j Aetivitq-ehieh-has-been-determined-te-be-ineempatibfe-eith-his empferment-as-prebided-in-Section-~-39-entitfed;-ufneempatibfe-Aetie~ities~- f33 Ehrenie-phgsieaf-er-mentaf-ineapaeitq-to-perform-the-eerk-ef-the pes2tion- f43 fnsuberdinatien;-constituting-a-serious-breach-ef-diaeipfine- fb~ Neterieus~n-disgraeefuf-conduct- ORDINANCE CODE 31 C,T~r GF RICHFIELD, '~11UNES0 f~, {6j Hnantkerized-absence-er-abase-ef-}eade-pri~*i}egesr {f~ Acceptance-of-anq-*ra}nai~}e-eensideratiea-given-te-inf}t~enee-tke emp}egee-in-the-perfermanee-ef-kis-dntq- {8~ Fa}sifieatien-of-an-app}ieatien-er-ef-nap-city-reeerd- {43 Hse-ef-kis-effieia}-pesitiea-for-persona}-addaatage- {}e~ Pe}idea}-aetivitq-as-described-in-Sect=on-~-39-eatit}ed;-u}neempatzb}e Aeti~sities-u ,. {}}3 Wi}}fn}-die}anon-ef-the-precisions-ef-}aroe-er-ef-tkese-rtt}esz {}~3 6'ie}atien-ef-a~rit~ea-departmeata}-rn}es- VIII. Section 2.35 of the Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 2,385. APPEALS AND HEARINGS. Subdivision 1. Procedure. An employee who has a grievance may avail himself of the grievance procedure herein outlined. Ali grievances must be filed within twenty-one (21) calendar days after the occurrence of the grievance is deemed to exist. Such employee must submit his grievance in the following sequence: (1) His division head - first step (2) His department head - second step {3~ eke-personae}-director---tkird-step {4~ (3) The city manager - final step {$i}}_}9~4-5~--~f~~f~4 Subd. 2. Form of Appeals. An appeal to a division head may be either oral or in writing. It shall be in writing if either party so demands. A grievance presented in writing must be answered in writing. Subd. 3. Employee Representation. Employees shall be entitled to repre- sentation of their own choosing in appealing any grievance. Employees shall be entitled to one representative at the first step in the grievance pro- cedure and any reasonable number of representatives thereafter. When necessary in investigating and settling a grievance, employees and their representatives shall be released from work without loss of pay fora reasonable amount of time, provided department heads or supervisors are given sufficient advance notice to adjust work schedules. Subd. 4. Decision Time Limits for A eals. The decision in an appeal shall be made as follows (except that failure to receive a decision shall entitle the employee to appeal at the next step): (1) First Step. The division head shall render a written decision giving the reasons for the decision, within seven f7~ calendar days after receipt of the grievance. {Bi}}-i9f4-5~--~-f~Pffh ORDINANCE CODE 32 C1T`r GF RICHFIELD, 11i^JNESO f;. I (2) Second Step. If the grievance is not settled in Step 1, and the employee desires to appeal, the grievance shall be presented in writing to the department head within seven {~j calendar days after the division head's answer in the first step. The department head shall render a written decision giving the reasons for the decision within ten {~8j calendar days after re- ceipt of the grievance. {$=}}-}9~4-5j--4f~zf~4 {33--~h=rd-Step---ff-the-gricdaaee-za-not-acct}ed-ice-Stcp-~-aced-the emp}ogee-deazrez-te-appca};-thc-gr=enaaee-aha}}-be-presented-ice-aritiag-to-thc Peraoaae}-Bireeter-aith=a-eerea-{~3-ea}eadar-daga-after-the-department-headjs answer-in-the-second-Step---the-Peraeaae}-Birecter-aha}}-render-a-rrrittea decision;-giving-the-rcaaena-for-the-deeiaiea;-avithin-ten-{}8j-ea}=cedar-daga after-receipt-of-the-gr=evaaee- {$_}~ f9~4-53--4f$$f~4 {4~ (3) Fenrth Third Step. If the grievance is not settled in Step 3 (2), and the employee desires to appeal, the grievance shall be presented in writing to the City Manager within seven {~~ calendar days after the Personae}-Bireeterie Department Head's answer in the third second step. The City Manager shall render a written decision giving reasons for the decision, within fifteen {f5~ calendar days a receipt of the grievance. {$x}}-}9~4_5~__4f~~f~4 1 {53 (4) Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit, it shall be considered settled on the basis of the employer's last answer. If the employer does not answer a grievance or an appeal thereof within the specified time limits, the employee may elect to treat the grievance as denied at the step and immed- iately appeal the grievance to the next step. The time limits in each step may be extended by mutual written agreement. {$}}}-}9~4-5~__4fggf,~4 Subd. S. An employee who is a member of an appropriate bargaining unit as provided by the Public Employment Labor Relations Act of 1971 as amended shall not be able to avail himself of the grievance procedure set forth herein. Instead the employee may process the grievance according to the grievance pro- cedure established in the employee's respective labor contract.. {$=}}-}9~4-5~ 4fBBff4 IX. Section 2.36 of the Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 2.396. INCOMPATIBLE ACTIVITIES. Subdivision 1. Prohibition Of. A city employee shall not engage in any employment, activity or enterprise which is inconsistent, incompatible or in conflict with his duties as a city employee, or with the duties, functions and responsibilities of the department by which he is employed. Subd. 2. T_ype of Incompatible Activities. The following activities shall be considered inconsistent, incompatible or in conflict with city employment: ORDINANCE CODE 33 C,T`r GF RICHFIELD, ti1INNESO f„ (1) Any employment, activity or enterprise which involves the use for private gain or advantage of the city's time, facilities, equipment or supplies, prestige or influence of a city office or employment. (2) Involves the receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the city from the per- formance of an act which the officer or employee would be required or ex- pected to render in the regular course of his city employment or a part of his duties as a city officer or employee. (3) Involves the performance of an act in other than his capacity as a city officer or employee which may later be subject, directly or indirectly, to-the control, inspection, review, audit or endorsement by such officer or employee or the department by which he°is employed. (4) Involves so much of the employee's time that it impairs his attendance or efficiency in the performance of his duties as a city officer or employee. (5) The city manager shall make a final determination, when necessary, as to whether a specific activity is incompatible. Subd. 3. Political Activity. (1) Begree-ef-Participation-Prohibited---ate-empiepee-skaff-see#-or-accept efeetion;-aer~rnatien-er-appointment-as-an-officer-ef-a-pefitieaf-efnb-or organ=zatien-aehieh-is-taking-an-active-part-in-a-mnaiezpaf-pefitieai-eampaigny except-en-behalf-ef-his-esan-eandidaeq;-nor-shall-any-er~piepee-serge-as-a member-ef-a-eemaaittee-ef-each-efnb-er-erganizatian;-nor-seek-sigaatares-te anq-petition-preeided-bp-iaat;-nor-net-as-a-aer~eer-at-the-polls;-nor-distribute badges-er-pamphlets;-dodgers-er-handbiffs-ef-anq-~Cind-favoring-er-opposing anq-candidate-for-efeetien-er-for-aeminatien-te-a-maaieipaf-pnbiie-office- Participation. Em to the extent permitted ees may participate in any political activities Minnesota Statutes, Section 43.28, Subdivision 1. {~3 P4embership-Piet-Prokibited---phis-section-does-net-preheat-anp-empfepee from-beoeming-er-eentianiag-to-be-g-member-of-a-pefst=oaf-efnb-er-erganizatioa er-from-attendance-at-a-peiitieai-meeting-er-enJoying-entire-freedom-from-ail interference-in-casting-his-vote-er-front-seeking-er-accepting-efeetien-er appeiatntent-to-prsbiie-office- (32} Candidacy - Leave of Absence. Any employee who becomes a candidate for any elective public office shall automatically receive a leave of absence without pay and shall perform no duties connected with the position held by him until he is no longer a candidate. However, if the needs of the municipal service require, the vacancy created by his absence may be filled and his service terminated. Subd. 4. Outside Employment. Employees may not engage•in outside employment which might in any way hinder their objective and impartial performance of their public duties, embarrass the city government, or impair their efficiency on the job. Employees who wish to obtain outside employment must obtain prior written approval from their department head and the city manager on the appropriate forms and in the prescribed manner. ORDiNAn;CE CODE 34 C;T~r GF RiC~r=iE~D, ti•1ivvESO r,o Employees who are granted permission to engage in outside employment must sign the following waiver: The undersigned, an employee of the City of Richfield, Minnesota, does hereby waive and release said city from any Liability, expense or costs because of any injury or sickness incurred by reason of any employment accepted by the undersigned other than as an employee of said city. I further release the city from any claim for wages or other benefits during any absence caused by any such injury or sickness. This waiver shall be binding upon my "~ heirs, representatives or assigns. •• P-48---E~iPE9i~EESi-AB~1}SeRi~-BBARB- Snbdi+vision-}---Seepe-of-tlntherztq---there-=s-herebq-estab}shed-aa-Emp}egezat Adeiserq-Beard-te-scree-ia-an-addiserq-capaeitq-to-the-manager-and-the-eeaaei} in-the-forma}anon-ef-personae}-po}ieq-and-administration-of-the-perseaae} program-and-ia-the-consideration-of-aaq-matter-affecting-the-qna}itq-of-the mnnieipa}-service---the-Emp}ogeesj-fldriserq-$oard-maq-make-reeemmeadatiens-en perseane}-matters-te-the-eitq-manager-and-the-eoanci}- Snbd--Z---6emposition-ef-$Bard---the-Emp}egeesi-Ad~iserq-$eard-sha}}-eoasist of-the-manager;-one-ceanei}man-to-be-se}cotes-bq-a-maleritq-ef-the-eeaaei} at-the-first-mcetiag-ia-3annarq-of-each-gear;-and-seem-emp}ogees---the-se~ren emp}egee-members-sha}}-be-se}cotes-from-the-fo}}exing-emp}ogee-grertps- f}3 Streets-aad-Se~xers-Bieisien---ono-member; fB~ Engineering-aad-}aspeetien-Bivisien---one-member; L fB~ Fire-Bepartment---one-member; f4~ Pe}ice-Bepartment---eae-member; f53 Eigr~er-Store-Bepartmeat---ono-member; f63 Finaaee;-Execntiee-aad-Hea}th-Bepartments---eae-member; • fT3 Water-and-Par~CS-Bitiision---eae-member- Snbd--3---Se}eetien-ef-Em }egee-Hembers---Emp}ogee-members-sha}}-be-se}cotes bq-the-appropriate-emp}egee-groups-daring-the-month-of-3annarq---A}}-members sha}}-take-office-en-the-first-daq-ef-Febre~arq-fe}}eaaiag-their-e}eetien- the-a}er~C-sha}}-arrange-for-aeecssarq-a}eetiens-to-secure-representatiea-as kereinbefere-presided---Ne-emp}egee-member-ef-the-beard-sha}~-be-prce}used from-temp}etiag-his-term-because-of-transfer-er-promotion- Snbd--4---}erm-ef-8ffiee-ef-Em }eyee-?4embers---Emp}egee-members-ef-the-Em- p}egeesi-Addxserq-Beard-sha}}-serve-for-three-pear-terms-and-anti}-their srseeessers-qna}ifq---Emp}ogee-members-in-office-at-the-effective-date-ef ehis-section-sha}}-remain-in-office-nati}-the-expiration-ef-their-terms- ORDINANCE CODE 3S CSTY GF RICHFIELD, 111NNES0 f~. Sabd--5---$aeaneiesc--vacancies-in-the-a}eeted-membership-ef-the-beard-she}} be-fi}}ed-bp-appeiatment-ef-a-member-f rem-anp*-emp}ogee-greap-e~hen-the-anex- ptred-term-is-}ess-thee-ene-pear---4lhen-tke-anexpired-term-is-mere-than-one gear;-vacaneies-in-the-a}eeted-membership-of-the-beard-she}}-be-fi}}ed-b}~-a speeia}-a}eetien-a~itkia-the-appropriate-emp}ogee-greap- X. Section 2.37 of the Ordinance Code of the City of Richfield, Minnesota, is hereby amended to read as follows: 2.4}37. POLICE OFFICERS AND FIRE FIGHTERS-- PERA MEMBERSHIP. Subdivision 1. Recitals. It is recognized that the unfunded accrued lia- bilities of the Richfield Fire Department Relief Association have increased to approximately $2,334,000 in January of 1979; that the unfunded accrued liabilities of the Richfield Police Relief Association have increased from approximately $458,000 in January of 1965 to $1,818,000 in January of 1979; that the existence and increasing amount of these unfunded accrued liabil- ities gives rise to an intense concern about the financial condition of the associations, the security for expected benefits to employees and the ob- ligations being incurred by the taxpayers of the city in undertaking to fund the liabilities of the funds of the association; that the city desires to promote the financial soundness of the funds of each of these associations and to take measures to provide that the fire fighters and police officers of the city participate in pension plans which are fiscally sound and respons- ible; that the Public Employees Police and Fire Fund of the Minnesota Public Employees Retirement Association provides benefits to police officers and fire fighters whieh have been determined by the legislature of the State of Minnesota to be appropriate; that it is the policy of the pension laws of the State of Minnesota to provide for the inclusion of police officers and fire fighters in the Public Employees Police and Fire Fund in preference to other pension plans; and that it is in furtherance of the best interest of the city's employees and of the general welfare of the city to include such employees of the city, hereafter employed, in the Public Employees Police and Fire Fund. Subd. 2. Membership of Certain Police Officers in Public Employees Police and Fire Fund. Ail persons who are first employed by the city on or after the-effeetide-date-ef-th=~-erdinaaee April 1, 1981 and who, in the absence of the Richfield Police Relief Association would be eligible for membership in the Public Employees Police and Fire Fund of the Minnesota Public Employees Retirement Association, shall be members of such Public Employees Police and Fire Fund and shall not be members of the Richfield Police Relief Assoc- iation. ff9~9-X43--i~f~ff~9 Subd. 3. Membership of Certain Fire Fighters in Publie Employees Pollee and Fire Fund. All persons who are first employed by the city on or after the-effeetive-date-ef-this-erdinanee April 1, 1981 and who, in the absence of the Richfield Fire Department Relief Association would-be eligible for membership in the Public Employees Police and Fire Fund of the Minnesota Public Employees Retirement Association, shall be members of such Public Employees Police and Fire Fund and shall not be members of the Richfield Fire Department Relief Association. ORDINANCE CODE 36 C1T't GF RfCHFIELD, '111NNES0 t;, ~ C LJ Subd. 4. City's Obligations. The city shall fully discharge its obligations in behalf of those persons who became members of the Richfield Fire Depart- ment Relieve Association and the Richfield Police Relief Association prior to the-effeeeiere-date-ef-'=hia-erdinanee April 1, 1981, and shall also fully dis- charge its obligations in behalf of those persons who become members of the Public Employees Police and Fire Fund as required by this ordinance. Snbdr-5- 2.38 Severability. Should any provision of this ordinance be found to be invalid for any reason, the remaining provisions shall remain valid unless it appears that the remaining provisions are so incomplete as to be incapable of being executed in accordance with the intent of this ordinance. Snbd--6---the-effeetZee-dale-ef-tkza-erdinance-aka}}-be-r~pri}-};-}989- EBi}}-}9f9-~~+3--}~f~fff9. .~ Passed by the City Council of the City of Richfield, Minnesota, thisl2th day of July 1982. ATTEST: S is K. Bergh Ci Clerk ORDINANCE CODE 37 CITY GF RICH FIELO,'~11NNES0(:, I n '~~ 1 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD SUN 8940 Lyndale Avenue South State of Minnesota County of Hennepin Bloomington, Minnesota D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement. (4) Said newspaper is' circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the County of Hennepin, and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all s~xch regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed 8~-~-~- NO.• -982-22 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for~~successive weeks; that it was first so published on wea' the 21 day of July 19 82 and was thereafter printed and published on every to and Including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abedetghijklmnopgrstuvwxyz ,~ .i' ~ ri Subscribed and sworn to before me this Z~- day of Jtt]-Y 19 $2 d Y ~ ~l" ~~ i ~ ~? / ~i ~.. e s ,~.,,:,.., ' e row®~ MY cotnmas~ p ~ ,:;. s J'aiy 2, 9186 (Official Publication) BILL NO. 1982-22 AN ORDINANCEee~~MMENDING THE ORDINANCE;~„OD.F$OF THE CITY OF RICHFIE'L ~ M1~(NNNESOTA, AS FOLLOWS: AMEND G SECTION 2.28 BY REORGA NG THE SEC- TION AND ~. )G AMEND- MENTS; AME' ECTION 2.29 BY PROVID - ~' DEFINI-~ TIONS; AMENbIIflG SECTION 2.30 BY REORGANIZING THE SEC- TION AND DELETING SUB- DIVISIONS; A1vfENDING SECTION 2.31 BY COMBINING IT WITH PRE- VIOUS CODE SECTION 2.32 AND REORGANIZING THE TWO SEC- TIONS AND MAKING CERTAIN AMENDMENTS; AMENDING PRE- VIOUS CODE SECTION 2.32 BY RE- NUMBERING IT TO NEW CODE SECTION 2.32 AND COMBINING PARTS OF PREVIOUS CODE SEC- TION 2.36 MAKING CERTAIN AMENDMENTS AND ADDING CERTAIN NEW SUBDIVISIONS; AMENDING PREVIOUS CODE SECTION 2.34 BY RENUMBERING IT TO NEW CODE SECTION 2.33 AND MAKING CERTAIN AMEND- MENTS THERETO; DELETING PREVIOUS CODE SECTION 2.35 WHICH IS NOW COVERED BY THE NEW CODE SECTION 2.32, SUBD. 9; DELETING PREVIOUS CODE SEC- TION 2.36 WHICH IS NOW COV- ERED UNDER SECTION 2.32, SUBD. 10; CREATING A NEW SEC- TION 2.34 AND PROVIDING A NEW SUBDIVISION AND COMBINING PARTS OF THE PREVIOUS CODE SECTIONS 2.37 AND 2.37A AND MAKING CERTAIN AMEND- MENTS THERETO; RENUMBER- ING PREVIOUS CODE SECTION 2.38 TO THE NEW CODE SECTION 2.35 AND MAKING CERTAIN AMENDMENTS; RENUMBERING SECTION 2.39 TO THE NEW CODE SECTION 2.36 AND MAKING CER- TAIN AMENDMENTS; DELETING PREVIOUS CODE SECTION 2.40; RENUMB~NYll7NG PREVIOUS CODE SECTIODi2.41~'TO~THE NEW CODE SECTION 2:ST, AN@NHAKING CER- TAIN TECHNIC.~L ~{IIENDMENTS. The above sumro~~zed ordinance was passed by.th'e CtEy Council of the City of Richfleid or6'. July -12, 1982. Printed copies of th~ complete or- dinance are avaitabl~ to any person during regular office hours at the office of the city clerk, Richfield City Hall, 6700 Portland. SYLVIA K. BERGH City Clerk JOHN HAMILTON Mayor (July 21, 1982)-RICH