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HomeMy WebLinkAboutResolution No. 054-130 RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt a personnel policy regarding Employment Organizational Policy. A copy of the policy is attached. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ,20M ATTEST: ITY CLERK DAY OF 2013. ACTING PREgIDENT OF SAID COMMON -COUNCIL APPROVED THIS ?JsT DAY OF Few! , 2013. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res 10Wdopt. PersPolicy. EmployOrgan 40 - CITY OF ROCHESTER ORGANIZATIONAL POLICY • EMPLOYMENT — SPECIAL CONSIDERATIONS Policy Statement: The City of Rochester endeavors to select and retain the best individuals to fill each job vacancy. Within the selection process and during the employment relationship, there are special considerations that may be applicable based on the law, the nature of the work, and/or departmental policies/procedures. This policy will detail common considerations that may occur pre -employment and throughout the employment relationship. Additionally, this policy will address considerations sur- rounding the continuation of employment after retirement, which may be an option at the discretion of the City. A. Special Considerations for Position Applicants (both internal and external applicants) 1. Pre -employment Examinations Certain job classifications may require that an applicant pass a physical or psychological exami- nation in order to demonstrate fitness in performing the position's essential job duties. In these cases, an applicant will be extended a conditional offer of employment contingent upon the pas- sage of applicable examinations. Such examinations shall be given by a licensed, qualified physi- cian, as designated and paid for by the City and arranged for by the Human Resources Depart- ment. In jobs requiring significant physical activity, additional physical testing directly correlated with the applicant's ability to be successful in the essential functions of the job may be required. • When physical or psychological examinations and/or testing are conducted, it will be required of all candidates who are conditionally offered employment for the same job class. The information obtained during a physical or psychological examination will be treated as confidential medical records. If it is determined that a candidate requires accommodation to perform one or more of the essential functions of the job, reasonable accommodations will be considered in accordance with the Americans with Disabilities Act (ADA). 2. Veteran's Preference Preference shall be afforded to qualified veterans and spouses of deceased or disabled veterans in accordance with applicable law. Documentation of veteran and/or disability status is required to award point preference to applicants who meet the minimum qualifications for the position to which they are applying. A summary of the existing law is below; in cases where discrepancy ex- ists between City policy and the tenants of the law, the law in effect will supersede policy. Veteran: A citizen of the United States or a resident alien who has been separated under honor- able conditions from any branch of the armed forces of the United States after having served on active duty for 181 consecutive days or by reason of disability incurred while serving on active du- ty, or who has met the minimum active duty requirement as defined by Code of Federal Regula- tions, title 38, section 3.12a, or who has active military service certified under section 401, Public Law 95-202. When applying for a job position that is open to public applicants, a non -disabled veteran who meets the minimum qualifications of the job may elect to receive a credit of ten (10) points to their passing score. This credit may be elected for each publicly open, competitive hiring process for is which the veteran applies. There is no credit for non -disabled veterans in internal hiring process- es or promotional examinations. CITY OF ROCHESTER ORGANIZATIONAL POLICY . Disabled Veteran: A person who has a compensable service -connected disability as adjudicat- ed by the United States Veterans Administration, or by the retirement board of one of the several branches of the armed forces, which disability is existing at the time preference is claimed. A disabled veteran who meets the minimum qualifications of the job may elect to receive a credit of fifteen (15) points to their passing score. This credit may be elected for each publicly open, competitive position for which the veteran applies. For internal promotional processes, disabled veterans with a disability rating of 50% or more may elect to receive five (5) additional points for their first promotion only. Disabled veterans may continue to use veteran's preference points for each promotional process they apply for until they receive a first promotion. B. Special Considerations for New Hires in a Job Position (both internal and external new hires) Probationary Period The first six (6) months of employment within a job position shall be deemed as a probationary period and used to evaluate an employee's work performance and fit within a job assignment. Employees within the probationary period are considered 'at will' and may be terminated at the sole discretion of the City at any time within the probationary period. The Department Head/Supervisor of the probationary employee is required to submit a written performance review to the Human Resources Department at least fifteen (15) days prior to the end of the probationary period indicating their recommendation on the continuation or severance of the employment rela- tionship. • In certain cases, probation may be extended to allow for additional evaluation of performance. All cases of probationary extension must be approved by the Human Resources Director and the to- tal probationary period must not exceed one year. Approved time away from work in excess of ten consecutive business days will automatically ex- tend the initial and/or extension probationary period timeframes by the number of days away from work. New Hires Only: Vacation benefits shall begin accruing upon the commencement of employ- ment, but may not be used until six months after the employee's hire date. Probationary employ- ees may be granted time off without pay during their probationary period at the discretion of the Department Head/Supervisor. If employment is terminated voluntarily or involuntarily within the first six months of employment, any accrued benefit hours are forfeited and there is no payment of benefit hours pursuant to City organizational policies applicable to regular, non -probationary employees. 2. Outside Employment Employment outside of the City is not encouraged, but is permitted in accordance with the condi- tions described within this section. In cases of outside employment, the City is considered the primary employer and accordingly, City employment will take precedence in all matters involving work issues. Outside employment will not be considered a valid reason for absenteeism, tardi- ness, or poor job performance. Additionally, outside employment must comply with the following: a. Outside employment must not adversely affect an employee's performance of his or her • job duties with the City. This includes adversely affecting an employee's ability to serve in an on -call capacity or work overtime as his or her job position requires. CITY OF ROCHESTER ORGANIZATIONAL POLICY b. Outside employment must be performed outside of an employee's working hours with the City. An employee must not accept pay or other compensation from another party for work done during time for which he or she is paid by the City. Employees are not per- mitted to use City materials, equipment, supplies, tools, or transportation while engaged in outside employment. c. Hours spent performing paid work outside of City employment should not exceed 20 hours per week. Department Heads are responsible for monitoring their employees' outside work hours in accordance with this guideline. d. Outside employment activities must not violate the tenants of the City's Code of Conduct policy. Examples of violations include, but are not limited to, working for a contractor or company that has an active contract with the City, accepting employment that impairs an employee's independent judgment, engaging in any business or professional activity that might require disclosure of confidential information, or utilizing information gained from City employment for personal gain. e. An employee who sustains an injury in the course of outside employment will not be enti- tled to Workers' Compensation benefits through the City and will not be allowed to utilize any accrued sick leave benefits for time away from City employment. Violations of the conditions may subject an employee to discipline up to and including the imme- diate termination of his or her employment. C. Special Considerations for the Continuation of Employment after Retirement • All requests for the continuation of employment after retirement must be submitted to the Human Resources Director who will consider such requests with the affected Department Head. Em- ployment offers extended outside of the approval Human Resources Department are not official and/or binding to the City. Phased Retirement Option (PRO) — initiated prior to retirement a. The City of Rochester recognizes the benefits of retaining experienced employees, such as through mentoring new and/or existing employees and enhancing organizational effi- ciencies. In accordance with Minnesota Statute 353.371 and the Public Employees Re- tirement Association (PERA), the City has elected to participate in the Phased Retire- ment Option (PRO) in cases where a valid business purpose is established. The exten- sion of an employment agreement and the employment terms and conditions under PRO are at the sole discretion of the City; thus, nothing in this policy shall be construed as a guarantee of this option or a contract of employment. The option for the City to enter in- to a new PRO agreement with an employee sunsets on June 30, 2014 and would re- quire additional legislation to extend beyond that date. b. Eligibility for PRO is limited to current employees age 62 or older who have maintained an average of at least 20 hours for the five years preceding retirement and who are eli- gible for a monthly PERA retirement benefit. Employment agreements cannot exceed one year, but may be renewed up to a total of five years under this program. Employees approved under the program must reduce their work hours by at least 25 percent and • limit their total work hours to no more than 1044 hours per year. At the end of PRO par- ticipation, employees must terminate their employment with the City. CITY OF ROCHESTER ORGANIZATIONAL POLICY • c. Participants in the PRO program may begin collecting a PERA benefit without the nor- mally required 30-day break in service and prohibition against having any agreement to return to work with the City. Participants are also exempt from PERA's earnings limits that apply prior to full Social Security retirement age. In addition, neither the participant nor the City is required to make any further contributions to PERA. Because the partici- pant is receiving a pension, he or she will cease to earn service credits and there will be no future adjustment to the high -five average salary. Upon the completion of PRO, the normal requirements applied to employees who terminate public service would apply. d. Participants in the PRO program will receive pay commensurate with the classification of the position(s) that they occupy when working under the agreement. PRO participants will not be eligible to receive an increase to their agreed upon wage rate within the effec- tive dates of the PRO agreement. Participants in the PRO program will not be entitled to receive any City provided benefits afforded to active employees, as described within the City's organizational policies and/or any collective bargaining agreement. Such benefits include, but are not limited to, vacation leave, sick leave, holiday pay, and insurance benefits; however, eligibility for group insurances will continue under COBRA and applicable state requirements. PRO participants will be eligible to receive any accrued benefit payouts and/or retiree benefits that they qualify for under the organizational policies and/or applicable collective bar- gaining agreement based on the service credits that they have attained at the time PRO agreement commences. No additional service credits will be awarded to participants while working under a PRO agreement. • 2. Continuation of Employment (not under PRO) — initiated 30+ days after retirement Any retired City employee who has been in a retired status for thirty (30) days or longer may be eligible for temporary employment with the City. Retirees must meet all the minimum qualifica- tions for the position to which they are applying. If offered employment, it is the retiree's obliga- tion to maintain awareness of the earnings impact to other sources of income (i.e. PERA, Social Security benefits) that the retiree may be receiving. Revised 9106, 11/08, 2/13