1995-10BILL NO. 1995-10
AN ORDINANCE AMENDING SECTION 310 OF THE
RICHFIELD CITY CODE; RELATING TO PERSONNEL
MATTERS; ADDING PROVISIONS REGARDING
BACKGROUND INVESTIGATIONS; AMENDING VACATION
AND PERSONAL LEAVE PROVISIONS; AND MAKING
TECHNICAL AMENDMENTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 310 of the ordinance Code of the City of Richfield is hereby amended by
amending the heading thereof to read as follows:
Section 310 -Administrative; pe~e~el human resources
Sec. 2. Subsection 310.01 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 1 thereof to read as follows:
310.01. General provisions. Subdivision 1. Purpose. It is the purpose of this section to establish a
uniform and equitable system of ~ human resources administration for city employees.
' Sec. 3. Subsection 310.01 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 2. Scope of rules. (a) Exempt positions. Unless otherwise specifically provided. the
following offices and positions are exempt from the application of this section: elected officials:
members of boards and commissions; the city manager; intermittent and seasonal employees, the
city attorney and the health officer.
Sec. 4. Subsection 310.01 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 4 thereof to read as follows:
Subd. 4. Administration. The manager is authorized and directed to administer the rules
and regulations of this section. The manager may issue administrative directives and instructions, not
inconsistent with this section, as necessary to explain and clarify the provisions thereof and to
facilitate their use. The manager may appoint a ~erset~te~ human resources manager and delegate to
the pe~se~tel human resources manager the administration of this section and any other persee~
human resources functions which the manager is authorized to perform.
Sec. 5. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 2. "Benefits" means privileges granted to officers, employees. and their dependents.
as part of a total compensation package, including but not limited to vacation leave. sis{< erp sona_I
leave, holiday leave, military leave, or any and all insurance pay.
Sec. 6. Subsection 310.03 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 7 thereof to read as follows:
Bill No. 1995-10
Subd. 7. "Continuous service" means the total amount of uninterrupted full-time pet~,a~rea~
regular employment with the city, including any unpaid leaves of absence of less than 30 days
duration. Continuous service begins the first day of full-time probationary employment if the
employee will be eligible for afull-time peet~ regular appointment upon satisfactory completion
of the probarionary period.
Sec. ~. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended b~
amending subdivision 16 thereof to read as follows:
t
Subd. ~ ]Z. "Intermittent employee" means a person employed for t n ?0 hours
less per week whose employment has no specific termination date.
Sec. 8. Subsection 310.03 of the ordinance Code of the City of Richfield is hereby amended b~
amending subdivision 17 thereof to read as follows:
Subd. ~ ~. "Managerial employee" means an employee as defined in subsection 310.2 I .
subdivision 2.
Sec. 9. Subsection 310.03 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 18 thereof to read as follows:
Subd. ~-8 ~Q. "Original appointment" means the initial entry into probationary status in the
city service.
Sec. 10. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 19 thereof to read as follows:
Subd. ~} ~Q. "Outside employment" means employment of any kind engaged in by a cit~•
employee for which compensation is received from a source other than the city.
Sec. 11. Subsection 310.03 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 20 thereof to read as follows:
Subd. ~8 ~j. "Part-time employee" means an employee who is scheduled to work on a
regular and recurring schedule of at least forty and less than eighty hours in a bi-weekly payroll
period.
Sec. 12. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended b_v
amending subdivision 21 thereof to read as follows:
Subd. 2-1- ;?. "Part-time ~ regular employee" means an employee scheduled to
work eery at least forty and se~eie less than eighty hours per bi-weekly pay period, on a
regularly scheduled basis throughout the year. Part-time ~~ regular employees have no
specified end of employment date and are eligible for selected prorated city benefits, including
vacation leave, sislE ~~1 leave and holiday leave.
Sec. 13. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 22 thereof to read as follows:
Subd. 23 ~. "Pay plan" or "compensation plan" means a schedule of pay grades in bi-
weekly rates for all position classes within the city service.
Sec. 14. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 23 thereof to read as follows:
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Bill No. 1995-10
Subd. ~3 31• "per .$g°-ular employee" means afull-time employee or a part-time
employee who works a minimtun of forty hours per bi-weekly payroll period on a re~~ular basis
throughout the year and who has completed a designated probationary period. The term "per~a+
rei lar" shall not be used to define duration of employment with the cin~. nor is it meant to conve_~ co
the employee any rights or implication of tenured employment.
Sec. 15. Subsection 310.03 of the ordinance Code of the City of Richfield is hereby- amended b~
amending subdivision 24 thereof to read as follows:
Subd. 34 ,1¢. "~ Human resources manager" means a person appointed by the
manager and charged with the administration of this section. The human resources mana~ rere shall
Rgrfot~n the functions of the pgr~,onnel manager.
Sec. 16. Subsection 310.03 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 25 thereof to read as follows:
Subd. ?3 ~4. "Position" means a group of duties and responsibilities assigned or dele_ated
by competent authority and requiring the employment of one person.
Sec. 17. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 26 thereof to read as follows:
Subd. 2k ~. "Probationary employee" means an employee who has not completed a
designated probationary period for the cutrent~v occupied position ,whether it
is an original appointment or one obtained by promotion or transfer. During the probationary period
an employee may be separated from that position without appeal.
Sec. 18. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended b~•
amending subdivision 27 thereof to read as follows:
Subd. 2; ?~. "Probationary period" means a trial period, obtained by original appointment.
by promotion, or by trattsfer, which is considered as an integral part of the selection process. during
which an employee is required to demonstrate 1}i~s fitness for the position prior to receiving a
' ~F reQUlar appointment.
Sec. 19. Subsection 310.03 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 28 thereof to read as follows:
Subd. 28 ~. "Project (special funded) employee" means a fie full-time or a~-time
employee whose duties are directly related to the operation of a specific program or project and
whose compensation is specifically allocated from designated non-general revenue funds, such as.
but not limited to, grants or special assessments. With respect to group insurance, holidays, vacation
leave and personal leave/short-term disability benefits only, such employees shall be treated as
~ re_ular employees working a eimilar number of hours.
Sec. 20. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 29 thereof to read as follows:
Subd. ~3 2$• "Promotion" means movement of an employee from a position in one class to
a position in another class having a higher maximum salary rate.
Sec. 21. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 30 thereof to read as follows:
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Subd. 38,~,Q. "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 aze not cturently available.
Sec. 22. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 31 thereof to read as follows:
Subd. 3-I~,ZO,. "Reallocation" means a reassi,°nment or change in allocation of a position b~
raising it to a higher class, reducing it to a lower class, or moving it to another ciags at the same level.
on the basis of significant changes in the nature, difficulty, or responsibility of the work perfornled in
such position.
Sec. 23. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended b~
amending subdivision 33 thereof to read as follows:
.Subd. 33. "Restoration" means the return of a promoted probationary employee to #+s the
emp]ovee's former position either during or at the completion of leis the employee's promotional
probationary period.
Sec. 24. Subsection 310.03 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 36 thereof to read as follows:
Subd. 36. "Shift employee" means an employee who occupies a er}t regular full-
time position which requires work on a regulaz schedule at any period during the 24 hours of a day
and on any day during the week.
Sec. 25. Subsection 310.07 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 3 thereof to read as follows:
Subd. 3. Vacancies. Application to compete for a position vacancy must be filed in the
manner prescribed by the city manager. Vacancies for pet~at~ r o positions will be posted for
at least five working days.
Sec. 26. Subsection 310.07 of the ordinance Code of the City of Richfield is hereby amended by
adding subdivision 5 thereof to read as follows:
Subd. 5. Background Investigations. Upon the request of the manager or desi;nee. tl~e
Public Safety Department must obtain and provide background information about certain
employment, volunteer or independent contractor candidates, such as:
(a) status and history of drivers' licenses for candidates who may be responsible for operating city
vehicles or receiving city reimbursement for operating their own vehicles,
(b) background check and criminal history check through fingerprints to determine whether a
candidate who may have substantial contact with juveniles is the subject of any reported
conviction of Child Protection Background Check Act crimes,
(c) criminal history background data check for candidates who would be required to perform the
task of entering private property on a regular basis,
(d) thorough background screening, investigation, state and national arrest and fugitive record
checks, and state and national III record checks by fingerprints from candidates who would have
access to .operate, program, effectuate access to a National Crime Information Center (NCIC)
terminal or initiate transmission of NCIC information.
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Bill No. 1995-10
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Sec. 27. Subsection 310.09 of the ordinance Code of the Ciry of Richfield is hereb~~ amended b~
amending subdivision 4 thereof to read as follows:
Subd. 4. Demotion. The manager may demote an employee who becomes ph}~sicall~ or
mentally incapacitated or for any other reason cannot perform the duties and responsibilities of the
currently occur position , or who wishes to be demoted for other personal
reasons. The demotion may be to a position in a lower class if the employee is qualifted to.perform
the duties of such position. t
Sec. 28. Subsection 310.09 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 5 thereof to read as follows:
Subd. 5. Promotion. Whenever reasonably possible, the manager may fill vacancies in the
muuticipal service by promotion of ~~ r w r employees. Notice of vacancies shall be
posted for at least five days at locations where employees may become aware sf Qf promotional
opportunities. Where candidates foc promotion are equally qualified. the manager shall give
consideration to the candidates' length of service.
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Sec. 29. Subsection 310.15 of the ordinance Code of the Ciry of Richfield is herebv amended b~
amending subdivision 1 thereof to read as follows:
310.15. Probationary periods. Subdivision 1. General rule. All original, promotional and transfer
appointments in the municipal service shall be subject to the serving of a probationary period. The
probationary period shall be regarded as an integral part of the examination process and shall be
utilized for observing the employee's work, for assisting in the adjustment of the employee to k+s the
position and for rejecting any employee whose performance does not meet the required performance
standards.
Sec. 30. Subsection 310.15 of the ordinance Code of the Ciry of Richfield is herebv amended b~
amending subdivision 4 thereof to read as follows:
Subd. 4. Status during promotional and transfer probationary period. During a promotional
or transfer probationary period, a promoted or transferred probationary employee shall retain status
as a pa~ta~~ regular employee and may be restored to the employee's former or a similar position
if performance is unsatisfactory in the new position or the employee requests to be restored to a
former or a similar position and such vacancy exists. This may be done either during or at the
completion of the promotional or transfer probationary period. After a ~~ regular
appointment is received in a new position, the promoted or transferred employee loses all righu to
the former position. If an employee is restored to a former or a similar position because of
unsatisfactory performance, the employee shall be provided with the reasons for the action and shall
have the right to appeal in accordance with section 310.47.
Sec. 31. Subsection 3]0.15 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 5 thereof to read as follows:
Subd. 5. Conditions of ~ lggular appointment. An originally appointed. promoted
or transferred employee will receive a ~ r ~ appointment to a new position upon the
successful completion of the probationary period, the favorable written recommendation of the
deparmtent head, and the approval of the manager.
Sec. 32. Subsection 310.17 of the ordinance Code of the Ciry of Richfield is hereby amended b_v
amending subdivision 4 thereof to read as follows:
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Subd. 4. Deductior.~ The city shall make deductions from employees' pay as required by
law. In addition, any employee may designate additional R.;iv_ deductions ~~ for any
purposes authorized by the city.
Sec. 33. Subsection 310.19 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 4 thereof to read as follows:
Subd. 4. Requirements for pay increases. For an employee to become eligible for an
increase in pay, the department head shall file a written statement with the manager at least nvent~~
days prior to the increase aate stating an opinion as to the manner in which the employee has
performed assigned duties since the original appointment or last increase in pay and a
recommendation as to whether the employee should be granted or denied an increase in pa~•. If the
employee's work has been properly and diligently performed, has been satisfactory• in li.ht of the
length of service in the position and has shown the improvement normally to be expected ~~•ith
increasing periods of service and other factor considered relevant to employment. the department
head shall recommend that the employee be granted the next regular increase in pay. ff, in the
judgment of the department head, the employee's work has been below the standards that are
expected, 13e the department head shall recommend that no increase be granted. The manager shall
authorize or deny pay increases for municipal employees as recommended by department heads.
unless in the manager's 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 the manager is notified.
Sec. 34. Subsection 310.19 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 13 thereof to read as follows:
Subd. 13. Reporting pay. A pei~e~ r Q r employee who reports for work at a
regularly scheduled time on a regular work day and is sent home by a supervisor because the work
cannot be performed shall receive a minimum of two hours pay.
Sec. 35. Subsection 310.19 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 14 thereof to read as follows:
Subd. 14. Recall pay. A ~ tgsular employee who is recalled to work after the
completion of a regular work day by a supervisor shall receive a minimum of two hours pay for each
call.
Sec. 36. Subsection 310.19 of the ordinance Code of the Ciry of Richfield is hereby amended b~•
amending subdivision 16 thereof to read as follows:
Subd. 16. Longevity pay. (a) I?etei}~ Qular full-time employees hired before
October 1, 1991 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 biweekly base salary upon completion of five years of full-time
service and 2% based on current biweekly base salary upon completion of ten years of full-time
service. Longevity increments shall be paid in addition to regular compensation and may be
incorporated with regular pay checks. (Revised, Bill No. 1991-10)
Sec. 37. Subsection 310.21 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 2. Exempt employees. Employees classified as exempt under the provisions of the
Fair Labor Standards Act shall not receive overtime compensation either in the form of pay or time
Bill No. 1995-10
off, as provided for herein- for nonexempt employees. The city manager may, however. =rant
reasonable periods of time off to exempt employees when lie the city manager determines that such
time off is warranted.
Sec. 38. Subsection 310.23 of the ordinance Code of the City of Richfield is hereby amended b~
amending subdivision 1 thereof to read as follows:
310.23. Group insurance provisions. Subdivision 1. Eligibility. Group insurance for the purposes
authorized in Minnesota Statutes, section 471.61 and under conditions therein set forth- may be
provided to ~b regular full-time and ~~ r ~ 1 r probationary full-time employees of
the city by resolution of the city council.
Sec. 39. Subsection 310.23 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 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 upon termination of his eligibility to continue
group instuance coverage in accordance with Minnesota Statutes, section 62A.17.
Sec. 40. Subsection 310.25 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 1 thereof to read as follows:
310.25. Employee training. Subdivision 1. Responsibility for u-aining. Each department and
division head shall provide on the job orientation and training and be responsible for the continuing
development of each employee in the department or division. The pe~se~el human resources
manager shall assist department and division heads in carrying out these responsibilities and in
meeting any special training needs.
Sec. 41. Subsection 310.25 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 2. Time for training. Training to improve the quality of an employee's work in the
employee's present position may be considered city business and may be conducted before or after
working hours. Training to prepare the employee for promotion shall be on the employee's own time
unless, because of shortage of ewes 1IIg or other circumstances, it is in the city's interest to
use work time.
Sec. 42. Subsection 310.29 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 4 thereof to read as follows:
Subd. 4. Lunch periods. City employees whose work day exceeds five consecutive hours
shall be granted 30 minutes without pay for a lunch period. Scheduling lunch Qeriods shall be at the
discretion of the emo)~ygr_.
Sec. 43. Subsection 310.29 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 5 thereof to read as follows:
Subd. 5. Administration. The specific arrangement and adjustment of the hours of the
work week shall be the function of the department head and manager. Unless otherwise desi;nated
~v the manager rest and lunch periods shall not be scheduled to change the normally scheduled
hours of work.
Sec. 44. Subsection 310.31 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Bill No. 1995-10
Subd. 2. Eligibiliry for paid holidays. ~ ~ ar employees and full-time
probationary employees, except public safety personnel who are shift employees, are eli~ ible 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 permitted to take their allowed
number of holiday hours of leave with pay within twelve months of the holiday worked.
Sec. 45. Subsection 310.31 of the ordinance Code of the City of Richfield is i}ereby aruended b~~
amending subdivision 6 thereof to read as follows:
Subd. 6. Holidays for shift employees. Employees engaged in shift work who are unable co
observe a holiday will be permitted to take equivalent time off within twelve months of the
designated holiday. ~F ~ ar and probationary petea~t tg;uiar employees who are
classified as 911 Dispatchers and who work on the following named holidays at the expressed
authorization of the City Manager will be compensated at time and one half (1 lit) of the employ ee's
regular base rate of pay for all hours worked in addition to the holiday leave wanted:
New Year's Day Labor Day
Memorial Day Thanks_iving
4th of July Christmas
(Amended, Bill No. 1990-14)
Sec. 46. Subsection 310.31 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 7 thereof to read as follows:
Subd. 7. per~te~ L part-time employees. Holiday leave shall be accrued by
~~ rgg>dl;3l part-time employees at the rate prescribed for ~e~ regular employees but
prorated to the hours worked per week by the ~ Ig:Bl3i: part-time employees.
Sec. 47. Subsection 310.33 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 1 thereof to read as follows:
310.33. Vacation leave. Subdivision 1. Eligibiliry. R~;ular employees and full-time
probationary employees shall be eligible for vacation leave upon accrual except that no employee be
allowed vacation leave until after completion of six months of employment.
Sec. 48. Subsection 310.33 of the ordinance Code of the Ciry of Richfield is hereby amended b~-
amending subdivision 2 thereof to read as follows:
Subd. 2. Full-time employees. Full-time ~{ eQ rand full-time probationary
employees shall accrue vacation leave according to the following schedule:
(a) from the beginning of continuous employment through the fifth year of continuous
employment, each employee shall earn vacation at the rate of 3.70 hours per bi-weekly pay period
(12 days per year);
(b) 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
(15 days per year);
(c) from the beginning of the eleventh year and through the fifteenth year of continuous
employment, each employee shall earn vacation at the rate of x.54 hours per bi-weekly pay period
(18 days per year);
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(d) from the beginning of the sixteenth year
anti thrrn~h rhP n;nPrPenth year of continuous employment. each employee
shall earn vacation at the rate of 6.16 hours per bi-weekly pay period (20 days per year ~.
jel from the b~;innina of the twentieth year of continuous emolovment. throu~~hout the
duration of em~ioti^^°^* narh P~jQyPP shall earn v cation at the rate of 6 47 hours per bnveekl~
p,~v oerio„r d (21 days per year).
Sec. 49. Subsection 310.33 of the ordinance Code of the Ciry of Richfield is hereb~• amended b~
amending subdivision 3 thereof to read as follows:
Subd. 3. 1?ee~ Re;}tlar part-time employees. Vacation leave shall be accrued by
~ ~uiar part-time employees for each twelve months of continuous and active city service
at the rate prescribed for ~{ regular employees in proportion to the hours worked per week as
measured against the hours worked per week by a ~ tgsular full-time employee. A
~~ LC~liliti part-time employee shall be eligible to accrue a proportional share of vacation
leave as scheduled in this subsection, 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 deter-
mining increases in vacation accrual rates, 2,080 hours shall equal one year of employment.
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Sec. 50. Subsection 310.33 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 5 thereof to read as follows:
Subd. 5. Use of vacation. Vacation leave may be used as earned, provided that such leave
shall be filed in the manner prescribed by the ~ human resources office and that the
department head shall approve the time and duration of the leave to be taken.
Sec. 51. Subsection 3.10.35 of the ordinance Code of the Ciry of Richfield is hereby amended b~•
amending subdivision 1 thereof to read as follows:
310.35. Sick leave. Subdivision 1. Eligibility and accrual. ;~ Rem r employees and full-
time probationary employees, except as otherwise provided, are eligible to accrue and use sick leave.
Sec. 52. Subsection 310.35 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 2. ~e~ Rewlar employees. Sick leave shall be accrued for all ~
t~ular full-time employees and ~ Tg;ular full-time probationary employees at the rate of
3.70 hours per biweekly pay period until 960 hours of sick leave have been accumulated and then at
the rate of .93 hours per biweekly pay period of service or major fraction thereof with no maximum
accumulation.
Sec. 53. Subsection 310.35 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 3 thereof to read as follows:
Subd. 3. ~ Regular part-time employees. Sick leave shall be accrued for
~ eQUlar part-time employees at the rate prescribed for ~ r Q r full-time
employees, but such accrual shall be in proportion to the hours worked per week by ~
~g,~ular full-time employees.
Sec. 54. Subsection 310.35 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 5 thereof to read as follows:
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Subd. 5. Usage. Sick leave shall not be considered as a vested right which an employee
may use at l~ the employee's discretion, but shall be considered as a type of insurance which ma~~ 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 spouse or children residing within the employee's household;
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(c) enforced quarantine of the employee in accordance with community health regulatior•.s:
(d) serious illness or injury in the immediate family; immediate family means spouse.
parents, children, siblings, grandparents, grandcliildren, mother-in-law and father-in-law. Not more
than twenty-four work hours of sick leave is permitted for any single occurrence; the tern
"occurrence" means all events which are related to any one illness or injury of an eligible family
member,
(e) death in the immediate family; leave for this purpose shall be charged against the
employee's accrued sick leave where applicable.
Sec. 5~. Subsection 310.35 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 6 thereof to read as follows:
Subd. 6. Application procedure. To be eligible for paid sick leave an employee ntus[:
(a) notify the employee's supervisor within one-half hour of the time set for the beginning
of the employee's work day;
(b) give the employee's supervisor an anticipated return date and notify the supervisor
as soon as possible if that date should change; and
(c) submit, if required by the manager, a medical certificate from a licensed physician
stating the nature of the illness or injury and whether the employee has been incapacitated for work
for the period of absence.
Sec. 56. Subsection 310.37 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 1 thereof to read as follows:
310.37. Personal leave. Subdivision 1. Eligibility and accrual. A managerial employee, a l-
regular full-time or full-time probationary employee, and a peet~ ~]~ €t~N-~+~te pan_
time or part-time probationary employee, classified and compensated under the compensation plan or
general services pay plan, as those plans have been adopted and may be amended from time to time
pursuant to subsection 310.17 of this code, is eligible to accrue and use personal leave. An eligible
full-time employee shall accrue x-85 ?~,,Q hours of personal leave biweekly and may accumulate such
leave from year to year up to a maximum of ~8 1~ hours of personal leave, unless written
authorization extending this maximum is obtained from the department head and the city manager.
Hours in excess of ~b81$4 hours shall be forfeited by the employee without compensation. Eligible
part-time employees shall accrue personal leave on a proportional basis of the full-time accrual based
on hours worked per payroll period and shall be limited to maximum accruals and extensions
authorized for full-time employees.
Sec. 57. Subsection 310.37 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 3 thereof to read as follows:
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Bill No. 1995-10
Subd. 3. Conversion of sick 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 b.• the cit\~
manager and set out in the city's Vie} human resources policy. In the event that an employee
ceases to be classified under the management or general services pay plan. but remains an employee
of the city, that employee's personal leave shall be converted back to the then applicable sick leavr
benefit in reverse application of the above-mentioned formula then in effect.
Sec. 58. Subsection 310.37 of the ordinance Code of the City of Richfield is ttereb~ an~nded h~
amending subdivision 4 thereof to read as follows:
Subd. 4. Usage and administration. An employee may use accrued personal leave for anv
reason, subject to the restrictions stated herein, brit shall be required to use accrued personal leave for
illness or injury necessitating absence from work, except that personal leave shall not be used if the
employee is eligible for short-term disability or loner term disability benefiu. Personal leave shall be
scheduled and administered under direction of the department heads. In the event of illness or injur<-
necessitating work absence, the employee requesting such leave shall notify nip-~-~;~ the
emRloyee',~ supervisor prior to the scheduled reporting time. Requests for personal leave for reasons
other than illness or injury must be submitted to the supervisor a reasonable time in advance of the
period of time for which such leave is requested to enable the supervisor ~m arrange for normal
continuance of the department functions, and in such cases, requested personal leave will not be
unreasonably 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 periods. When a holiday occurs during an employee's personal leave, and the
employee is regularly entitled to time off on the holiday with pay, such time will not be charged
against the employee's personal leave.
Sec. 59. Subsection 310.39 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 2. Leaves for military service. r"ice City officers and employees are entitled to
the benefits provided in Minnesota Statutes, sections 192.26 and 192.261.
Sec. 60. Subsection 310.39 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 4 thereof to read as follows:
Subd. 4. Leave of absence without pay. Leaves of absence without pay for periods of up to
90 days may be granted at the discretion of the manager. The manager may extend such leaves to a
maximum period of one year in cases of disability or where extraordinary circumstances in #ts ~g
manager's judgment warrant such an extension. Vacation or sick leave benefits do not accrue during
a period of leave of absence without pay.
Sec. 61. Subsection 310.41 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 2. Forms of discipline. Discipline may be in one or more of the forms specified in
this subdivision:
(a) oral reprimand. When an employee's performance warrants discipline, the appropriate
supervisor shall inform the employee promptly and specifically of the deficiency.
(b) written reprimand. In situations where an oral warning has not resulted in sufficient
improvement of the employee deficiency or where more severe initial action is warranted. a wrinen
reprimand shall be issued to the employee and a copy placed in the employee's personnel tile.
Bill No. 1995-10
(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 seriousness of the events or conditions warrant ~t.
an employee may be suspended without pay by the city manager, for a period not to exceed N}+~-
fotry-five calendar ~avs per occurrence.
(d) demotion and dismissal. When other forms of disciplinary action have been proved to
be ineffective, or where the seriousness of the offense or condition warrants it, the city manager may
demote or dismiss an employee for just cause.
Sec. 62. Subsection 310.43 of the ordinance Code of the City of Richfield is hereby amended b~~
amending subdivision 1 thereof to read as follows:
310.43. Terminations. Subdivision 1. Resignation. An employee wishing to leave the municipal
service in good standing shall file with leis the em~lo-t'ee's supervisor or department head, at least 14
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 for denying such
employee future employment by the city and denying terminal vacation benefiu. Unauthorized
absence from work for a period of three working days may be considered by a department head as a
resignation without benefits.
Sec. 63. Subsection 310.47 of the ordinance Code of the Ciry of Richfield is hereby amended b~~
amending subdivision I thereof to read as follows:
310.47. Appeals and hearings. Subdivision 1. Procedure. An employee who has a grievance may
follow the grievance procedure described in this subsection. All grievances must be
filed within twenty-one calendar days after the occurrence of the grievance is deemed to exist. The
employee must submit a grievance in the following sequence: (i) to the division head or other
,~nPrvisor above the division head. if anv; (ii) to the department head; and (iii) to the manager.
Sec. 64. Subsection 310.47 of the ordinance Code of the City of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 2. Form of appeal. An appeal to a division head or other supervisor above the
division head. if anv. may be either oral or in writing. It shall be in writing if either parry so
demands. A grievance presented in writing shall be answered in writing.
Sec. 65. Subsection 310.47 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 4 thereof to read as follows:
Subd. 4. Decision time limits for appeals. 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):
(a) First step. The division head nr other supervisor above the division head. _f anv. shall render a
written decision giving the reasons for the decision within seven calendar days after receipt of the
grievance.
(b) 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 calendar days after the
division head's answer in the first step. The department head shall render a written decision ~ivin~_
the reasons for the decision within ten calendar days after receipt of the grievance.
(c) Third step. If the grievance is not settled in step 2 and the employee desires to appeal, the
grievance shall be presented in writing to the city manager within seven calendar days after the
depat~nttent head's answer in the second step. The city manager shall render a written decision giving
reasons for the decision within fifteen calendar days after receipt of the grievance.
12
Bill No. 1995-10
(d) 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 immediately appeal the grievance to the next step. The
time limits in each step may be extended by mutual written agreement.
Sec. 66. Subsection 310.47 of the ordinance Code of the City of Richfield is Ikereby ar>}ended b~
amending subdivision 5 thereof to read as follows:
Subd. 5. Labor contracts. An employee who is a member of an appropriate bargaining unit
as provided by Minnesota Statutes, chapter 179A, may not ^•~^~' '•~•-•^°'F ^F I1 w the grievance
procedure set forth herein. Instead, the employee may process the grievance according to the
grievance procedure established in the employee's respective labor contract.
Sec. 67. Subsection 310.49 of the ordinance Code of the Ciry of Richfield is hereby amended by
amending subdivision 2 thereof to read as follows:
Subd. 2. Type of incompatible activities. The following activities shall be considered
inconsistent, incompatible or in conflict with city employment:, a~ tv employment activin~ or
enterprise which;;
(a) 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;
(b) involves the receipt or acceptance by the officer or employee of any money or other
consideration from anyone other than the city from the performance of an act which the officer or
employee would be required or expected to render in the regular course of 1}i~s city employment or a~
apart of #~is the employee's duties as a city officer or employee;
(c) involves the performance of an act in other than l~s one's 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 emnlovine department
(d) involves so much of the employee's time that it ~s jmoairs thethe attendance or efficiency in
the performance of l~s the emplQvee's duties as a city officer or employee-;Qr (e) involves
conduct that undermines th~p~.tblic's confidence in the City and adverseiv affects em lo~vees,
tn~].~
The manager shall make a final determination, when necessary, as to whether a specific activity is
incompatible.
Passed by the City Council of the City of Richfield this 10th day of July, 1995.
,'
's ,'
~ ~,
~, ~ '~ i
'~
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber Ciry Clerk
13
E OF MINNESOTA)
COUNTY OF HENNEPIN)
SUN
Pl18lJC'.ATIONS
SurCurenl SurnPbet SU~•Salbr
AFFIDAVIT OF PUBLICATION
SS.
D o n a l d W• T h u r I o w ,being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun -Current ,and has full knowledge of the facts which
are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other
applicable laws, as amended.
(B) The
Summary Publication
which is attached was cut from the columns of said newspaper, and was printed and
p ed once each week, for one successive weeks; it was first published
o e d n e s d a y the 19 day of J u l y , 1 8 9 5 ,and was
t er printed and published on every to
and including ,the day of 19 ,
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is
hereby acknowledged as being the size and kind of type used in the composition and
publication of the notice:
,+~
abcdefghijklmnopgrstuvwx~fz ~~ ~~;~q j~ g
y
TTLE: PUb l fisher
4cknowledged before me on this
~.1~ _~_ day of, July , i s 9 5
Jotar~Pufv: a~axe~~ d u ~ ~ - ..; ~ n ~;,~ ~~
1 -S a
~M.. ty F'iJ1~~SGn/ti/i SSB 6k
f~ -- _.. ,j X11? ~^flr 'emu?
RATE INFORMATION
1 st classified rate paid by commercial users $ 1.90 per line
omparab-e space
2 mum rate allowed by law for the above matter $ 1.90 per line
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL N0.1995-10
AN ORDINANCE AMENDING
SECTION 310 OF THE
RICHFIELD CITY CODE;
RELATING TO PERSONNEL MATTERS;
ADDING PROVISIONS REGARDING
BACKGROUND INVESTIGATIONS;
AMENDING VACATION AND
PERSONAL LEAVE PROVISIONS; AND
MAKING TECHNICAL AMENDMENTS
The City Council of the City of Richfield has adopted
Bill No.1995-10, which amends Section 310 of the Richfield
City Code. The ordinance makes certain changes in termi-
nology and numbering that are technical and not substan-
tive in nature. The ordinance also authorizes the use of
background investigations of employees in certain circum-
stances, allows employees with 20 or more years of service
to earn vacation at 6.47 hours per biweekly pay period,
and allows full-time employees to accrue 2 hours of person-
al leave biweekly up to a maximum of 180 hours. The full
text of Bill No. 1995-10 is available at Richfield City Hall
during regular business hours.
Adopted by the City Council of the City of Richfield,
Minnesota this 10th day of July, 1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
This summary of the amendment is published pur-
suant to section 3.12 of the Richfield City Charter.
(July 19, 1995)-RICH
3) Rate actually charged for the above matter $ 1.02 per line