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HomeMy WebLinkAboutResolution No. 140-08 ., • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt personnel policies entitled "Possession of Valid Driver's License or Commercial Driver's License (CDL) Based on the Job Description Requirement." A copy of the policy is attached. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS /77?-t DAY OF dYl64aeCk' ( , 2008. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CIV CLERK APPROVED THIS DAY OF , 2008. • MAYOR OF SAID CITY ,(Seal of the City of Rochester, Minnesota) Res05\Adopt.PersPo1icy.CDL 3 • CITY OF ROCHESTER PERSONNEL POLICY • POSSESSION OF VALID DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE (CDL) BASED ON THE JOB DESCRIPTION REQUIREMENT Obiective A. To provide the basis for management control of the workforce. B. To define the City of Rochester's work requirements and qualifications as they pertain to maintaining a valid driver's license or a valid commercial driver's license (CDL) where required. C. To establish clearly defined employment standards as they pertain to employees who drive vehicles while working for the City of Rochester and are therefore required to maintain a valid driver's license or a valid CDL where required. D. To ensure employees driving on behalf of the City of Rochester are driving safely and complying with all licensing requirements. E. Licenses and endorsement suspensions related to personal medical conditions and renewal-related problems are outside of the intended scope of this policy. Content A. This policy applies to all "driver's license required" positions as identified in each • employee's position description and those employees who could reasonably expect to drive a vehicle on behalf of the City of Rochester. B. This policy describes the process for regular motor vehicle records checks for those employees in a "driver's license required" position. C. This policy sets forth the consequences for: 1. Employees in "driver's license required" positions if they lose their driver's license. 2. Employees who operate a vehicle on company time, whether the vehicle is owned by the City of Rochester or the employee, without the appropriate valid driver's license, Minnesota driving privileges, or Commercial Driver's License (CDL). 3. Employees who fail to notify the City of Rochester of their loss of driving privileges. Definitions A. This policy applies to an employee's driving privileges as authorized by the State of Minnesota, whether or not an employee has driving privileges authorized by any other state. B. Company time for purposes of this policy is defined as: 1. Working time during which an employee is paid wages or a salary; 2. A period of time during which an employee is acting within his or her course of city employment. i I CITY OF ROCHESTER PERSONNEL POLICY • 3. A period during which an employee's travel/mileage expenses are reimbursed by the City of Rochester. C. The Last Chance Agreement is a document that specifies terms and conditions for continued employment. In accordance with that agreement, any violation within ten (10) years of the date of the document that leads to the loss of driving privileges for any duration will result in termination without the ability to grieve the termination. D. The phrase "complete loss of driving privileges" for the purposes of this Policy is defined as: 1. Loss of the Class D Driver's License, and 2. Loss of the Class B Commercial Driver's License (CDL). E. The phrase "employee accommodation period" for the purposes of this Policy is defined as; 1. The first full day the Minnesota Department of Public Safety makes a determination that the employee's driver's license is invalid, and 2. the last day of the specific accommodation period as it is stated in this Policy. F. The term "one year" as used in this Policy to define the period of time for which the Minnesota Department of Public Safety suspends a CDL, shall consist of 365 days, the total of which may not in all cases occur consecutively. Provisions • A. All employees who could reasonably expect to operate a vehicle on behalf of the City of Rochester and those employees in "driver's license required" positions are required to maintain a valid driver's license as a condition of employment. B. The loss of a driver's license and/or CDL must be reported to the employee's supervisor immediately, and the employee will not be allowed to operate a vehicle on behalf of the City of Rochester. Failure to notify the City could result in termination. Procedures for handling license revocation/suspension are outlined below in Section D. C. All employees in a "driver's license required" position will participate in the City of Rochester's periodic motor vehicle record check process. If, upon reviewing an employee's motor vehicle records, the City becomes concerned with the number of offenses the employee has incurred, the City will initiate a confidential coaching session with the employee. Representation may be requested by either party to participate in the coaching session. Employees are required to notify the City of Rochester of any citations issued while driving on behalf of the City. D. Any employee who knowingly operates a vehicle on behalf of the City of Rochester without a valid driver's license or CDL will be terminated. E. The following actions will be taken upon loss of driving privileges: 1. Citations issued while driving on behalf of the City of Rochester: • a. Any single event that leads to a complete loss of driving privileges for ninety (90) days or more, which is issued while the employee is driving on City time, will result in termination of the employee. CITY OF ROCHESTER PERSONNEL POLICY • b. An employee who commits a driving violation while driving on City time but who loses their driving privileges for less than ninety (90) days will be accommodated under Provision E. 4. A condition of this accommodation will be that the employee will be required to sign a Last Chance Agreement. An employee who does not sign this Last Chance Agreement will be terminated. c. Any employee who is convicted of operating a City of Rochester motor vehicle under the influence of alcohol or illegal drugs, or who loses their driving privileges under the implied consent laws, while the employee is driving on City time, will be terminated. 2. Citations issued while driving on personal time: a. For a driving violation occurring on personal time, which results in the complete loss of driving privileges for no more that one hundred eighty (180) days, the employee accommodation period will be for no more than one hundred eighty (180) days under Provision E. 4. A condition of accommodation will be that the employee signs a Last Chance Agreement as defined in Definitions C. An employee who does not sign this Last Chance Agreement will be terminated. b. For a driving violation occurring on personal time, which results in the complete loss of driving privileges for more than one hundred eighty (180) days but a year or less, the employee accommodation period will be for no more than one hundred eighty (180) days under Provision E. 4. For the time between the end of the • accommodation period and one (1) year, the employee shall be in a layoff status without pay. A condition of accommodation will be that the employee signs a Last Chance Agreement as defined in Definition C. An employee who does not sign this Last Chance Agreement will be terminated. c. Any complete loss of driving privileges for more than a year will result in the employee being terminated effective on the date the Minnesota Department of Public Safety suspends or otherwise invalidates the employee's driving privileges. 3. Citations affecting the CDL: a. Any driving violation which results in the first time suspension of the CDL but retention of Class D driving privileges the employee accommodation period will be for no more than one (1) year. The employee accommodation period begins with the first full day that the CDL becomes invalid as determined by the Minnesota Department of Public Safety. A condition of accommodation will be that the employee signs a Last Chance Agreement as defined in Definition C. An employee who does not sign this Last Chance Agreement will be terminated. b. Any driving violation which results in the permanent loss of the CDL will result in the termination of the employee effective the date the Minnesota Department of Public Safety revokes the employee's CDL. 4. Accommodations will be handled on a job requirements basis and case by case basis and administered by the respective City Department Head to whom the employee reports. Accommodations will, at a minimum, include removal from any scheduled overtime, including but not limited to standby and/or after-hours call outs. No such accommodation will be made if: CITY OF ROCHESTER PERSONNEL POLICY • ➢ the job responsibilities or tasks requiring a driver's license or commercial driver's license (CDL) cannot be readily performed by another employee, ➢ other duties are not available, or ➢ no reasonable need exists for the accommodation as determined by the Department Head or his/her designee. A Department Head may limit the number of employees eligible for accommodation within his/her Department. Accommodations may also include but are not limited to: ➢ staying in the current position with or without a reduction in wages, or ➢ the temporary reclassification into another position with wages to reflect the reclassification, if out-of-class pay is dictated by Labor Agreement, or ➢ a temporary layoff without pay until the license is reinstated. Employee shall be reinstated to his/her former position at the end of the accommodation period provided there are no other extenuating circumstances related to employee's conduct on or off the job during the accommodation period or employee's ability to perform all the duties of his/her former position. Any accommodation will not relieve an employee from any disciplinary action taken prior to the date of the accommodation. A driving violation, which results in the accommodation, will not be considered as a separate disciplinary step, which could lead to termination of employment. Any accommodations must be confirmed by a letter signed by the employee and, if applicable, the employee's union representative stating the accommodation shall not be considered a precedent in any future employee disciplinary case. Vacation and/or sick leave cannot be used to extend or postpone the period of the accommodation. Responsibility The City of Rochester shall be responsible for administering this policy. November 20,2006 June 18,2007 March 2008 i i