Ordinance No. 0766 12-20-1982�
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ORDINANCE N0. 766
AN ORDINANCE ADOPTING A NEW CHAPTER 3 ENTITLED
"pF.R.4(7N�TFT " p,�7p REPEALING OLD CHAPTER 3 OF THE FRIDLEY
CODE IN ITS ENTIREPY.
The City Council of the City of Fridley does ordain as follaas:
3.01 PURFt�SE �
The purpose of this chapter is to establish standards, conditions and
regulations of work and pay in City employment within the City of Fridley, to
be applicable to all permanent non-union employees of the City except where
the City shall otherwise hereafter provide, or unless modified by a separate
contract or agreement. The Council establishes the standards, conditions and
regulat�ons contained in the follaaing sections. (Ref. 182 and 636)
3.02 HOURS OF WORK
Achninistrative and supervisory enployees shall not qualify for overtime pay,
standby pay, or call-back pay.
The regular work week of each graded employee shall commence on Monday of
each week and terminate on Friday of each week and shall consist of forty
(40) working hours each week, holidays excepted, unless the needs of any
de�rtment dictate otherwise, as determined by the City Manager.
Overta me and overtime �y for any day shall commence after the expiration of
the regular working day. Overtime and overtime pay for any week shall
commence after the expication of the regular working week; provided, however,
that no graded employee shall be entitled to overtime �y for any day or for
any week unless the actual hours of work during the week shall be additional �
hours or days of work and are not performed on such day in lieu of other
hours or days of work re9ular to such enployee.
Graded employees of the City may be designated by the City Manager to serve
in a standby status on behalf of the City on a Saturday or Sunday or other
holiday of the City to perform work as may be necessary to the public
interest on such day. The standby employee is entitled to and may receive as
compensation for such service as standby, two t2) hours of regular pay for
each day served in such status. If on any such day the employee on standby
shall actually perform work for the City, the employee shall be entitled to
compensation for each hour or portion thereof actually worked at one and
one-half (1 1/2) times the regular �y, which �y shall be in addition to the
two (2) hours of standby �y.
In the public interest a graded employee may be called to perform work Eor
the City after the regular worlcing day and in such event the employee shall
receive pay computed as follows: For such overtime work performed, pay
computed at the rate of one and one-half (1 1/2) times the regular pay, but
not less in any event that an amount equal to two (2) hours regular pay;
provided, however, that such mirum�un amount shall not apply in the case of an
employee who had not left the site of the work performed during the regular
working period, and such �nployee is directed to perform work for the City
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within one (1) hour of the e�iration of the regular working day, in which
case the work performed is considered normal overtime for the period of time
actually worked.
3.03 HOLIDAYS
The follaaing days shall be holidays, and no employees, except in the case of
necessity to public safety, health and welfare, or unless the requirements of
employment so provide, shall be obliged to perform work on such day; and when
so performed, compensation for such work shall be paid as overtime work at
the rate of one and one-half (1 1/2) times the regular pay. The followii�g
� days are "holidays": New Year's Day, January 1; Washington's and Lincoln's
$irthday, the third Monday in Febxuary; Memorial Ik3y, the last D4onday in May;
Independence Day, July 4; Labor Day, the first Monday in September;
Christopher Columbus Day, the second Monday in October; Veterans Day,
Nov�r 11; Thanksgiving Day, the fourth Thursday in November; and Christmas
Ik�y, December 25; provided, when New Year's L�ay, January 1; or Independence
11�y, July 4; or Veterans Dap, November 11; or Christmas Day, December 25;
falls on Sunday, the follaainq day shall be a holiday and, provided when New
Year's Day, January 1; or Independence Ik-ty, Suly 4; or Veterans A�y, November
11 or Christmas Day, December 25; falls on Saturday, the precec�ing day shall
be a holiday. (Ref. 5o9, 573)
3,04 VACATIONS
Each �nployee of tl�e City who has worked regularly for the City for a period
of not less than six (6) successive months is entitled to a vacation away
fran enplqrn�ent with �y. Vacation p�y shall be computed at the regular rate
of p3y to which such employee is entitled. An employee who has worked a
minimiun of six (6) months is entitled to one (1) workday of vacation for each
month so worked. An employee who has worked eight-four (84) successive
months is entitled to one and one-half (1 1/2) workdays of vacation ior each
month worked beginning with the eighty-iifth (85th) month of consecutive
emplo�m�ent. An employee who has worked one hundred eighty f180) successive
months is entitled to one and two-thirds (1 2/3) workdays of vacation ior
each month worked beginning with one hundred eighty-first (181st) month of
� consecutive employment.
3.05 SICK LEAUE
Each anplcryee of the City is entitled to sick leave away from enployment with
pay. Probationary employees are eligible for sick leave on the condition
that should they terminate with the City prior to the completion of the
probationary period, the sick leave taken will be deducted from their final
�xychecks. Sick leave �y shall be computed at the regular rate or pay to
which such enployee is entitled. An employee e�ho has worked a minimum of six
(6) months is entitled to one (1) day of sick leave for each month worked,
cumulative to one hundred twenty (120) days of sick leave. After one hundred
twenty (120) earned and unused days of sick leave have accumulated, one (1)
day additional vacation shall be granted to an employee for every three (3)
sick leave days earned and unused. The �nployee may elect after niney (90)
earned and unused days of sick leave have accu��ulate�, to receive one (1) day
adchtional vacation for every three (3) sick leave days earned and unused.
Sick leave days shall not accinnulate beyond one hundred twenty (120). Before
any sick leave compensation is �id, the City may request and is entitled to
receive from any employee who has been absent more than three (3) days in
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succession, a certificate signed by a competent physician or other medical
attendant certifying to the fact that the absence was in fact due to sickness
and not othenaise. The City also reserves the right to have an examination
nade at any time of- any person claiming absence by reason of sickness; such
examination may be made when the City deans the same reasonably necessary to
verify the sickness claimed and may be made on behalf of the City hy a
competent person designated by the City, Sick leave is to be used normally
for the sickness of the employee only; haaever, 2 sick days per year may be
used for the follaaing specified uses: (1) serious illness of the spouse.
two (2) serious illness of child. The special use days cannot be accumulatec�
from one year to the next, and if they are not used, they are included in the
normal sick leave accumulation. Time off with pay can be charged to the �
specified special uses listed above. For additional reasons, time off with
p�y can be charged to sick leave only if the enployee is sick. (Ref. 534)
3.06 ANNUAL LEAUE AND SHORT TERM DISABILITY BF�IEFITS
Each employee of the City hired on or after January 1, I983, shall be
entitled to annual leave away irom employment with pay instead of the
vacation and sick leave provided in Sections 3.04 and 3.05. Annual leave pay
shall be computed at the regular rate of pay to which such employee is
entitled. A beginning employee shall accrue annual leave at the rate of
eighteen (lt3) days per year for the first seven (7) years (84 successive
months). An emplayee who has worked seven (7) years (84 successive months)
shall accrue annual leave at the rate of twenty-four (24) days per year,
beginning with the eighty-fifth (85th) month of consecutive employment. An
employee who has worked fifteen (15) years (180 successive months) shall
accrue annual leave at the rate of twenty-six (26) days per year, beginning
with the one hundred eighty-first (181st) month of consecutive employment.
The maximtun total accwnulation of annual leave at the end of any given year
shall be thirty f30) days for any individual enplayee.
Each employee of the City hired on or after January 1, 1983, who has
successiully completed the employee's probationary period shall be eligible
for short term disability benefit instead of the injury benefit provided for
in Section 3.08. Such an employee sha11 be entxtled to full pay commencing
on the twenty-first (21st) consecutive working day on which the employee is �
absent due to a physician-certified illness or in7ury, whether on or off the
job, and continuing until the employee retarns to work able to carry out the
full duties and responsibilities of the employee's position or through the
one hundred and tenth (110th) working day of absence, whichever occurs
first; provided, however, that the amount of any compensation shall be
rec�uced by any payment received by the disabled employee from workers'
compensation insurance, Public Employees Retirement Association disability
insurance, or Social Security disability insurance. Payment of short term
disability benefit by the City to an employee shall not exceed ninety (90)
working days for any single illness or or in7ury, regardless of the number
and s�cing of episodes. The annual leave balance of an employee receiving
short term disability benefit shall not be reduced, nor shall such employee
accrue annual leave during that period.
Before any short term disability payments are made by the City to an
employee, the City may request and is entitled to receive from any employee
who has been absent more than twenty (20) working days in succession a
certificate signed by a competent physician or other medical attendant
certifying to the fact that the entire absence was, in fact, due to illness
or in�ury and not otherwise. The City also reserves the right to have an
e�camination made at any time of any enployee claiming payment under the short
term disability benefit. Such examination may be made on behalf of the City
by any competent person designated by the City when the City deems the same
to be reasonably necessary to verify the illness or injury claimed.
� Employees of the City hired prior to Januaxy 1, 1983, sha11 be provided with
the opportunity to transfer fran being sub�ect to the vacation, sick leave,
and in�ury on duty provisions of this chapter (Sections 3.04, 3.05 and 3.08)
to being sub�ect to the annual leave provisions of this section at a time and
under conditions to be established by the City Manager.
3.07 SEVERIINCE PAY
Each employee who leaves the City employment for any reason, whether
voluntary or lnvoluntary� shall be �id for earned, unused vacation days or
accrued annual leave days. An employee hired before September 1, 1978, with
forty-eight or more consecutive months of �nployment will receive severance
pay in cash based on one and one-half (1 1/2) days for each twelve (12)
consecutive months worked, but not to exceed thirty (30) days of same.
3 .08 IIS70RY
Any pexmanent City employee who has been employed by the City at least six
(6) months and who is injured on the regular �ob shall be entitled to full
pay up to a period of mnety (90) days while the enployee is aYasent from work
by reason of such injury, and the employee's accrued sick leave will not be
charged until after that period and beginning with the ninety-first (91st)
day of absence from work by reason of such in�ury; provided, however, the
amount of any compensation shall be reduced by any payment received by the
� injured employee fran workers' compensation insurance. EYnployees who claim
an absence fran work due to an injury sustained on their regular 7ob are
subject to an examination to be made on behalf of the City by a person
competent to perform the same and as is designated by the City.
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Any volunteer firefighter in�ured while serving the City in the performance
of the firefighter's duties shall be entitled to compensation for a period
not to exceed ninety (90) days while absent from work by reason of injury.
Rate of compensation shall be equal to the then current pay scale for first
class firefighters in the City of Fridley, NLinnesota; provided, however, the
amount of any compensation shall be reduced by any payment received by the
injured firefighter from workers' compensation insurance, or any payments
received from the firefighter's regular enployer. Any volunteer firefighter
who claims an absence fran work due to said injury shall submit said claim on
forms provi�d by the City and if so requested, sulxnit to an examination by a
physician desi9nated by the City, (Ref. 466)
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3.09 DISQUALIFICATION
Failure without qood cause on the part of an employee to provide such
certificate or to su}xnit to such an examination or examinations as may be
deemed necessary by the City to verify an illness or to determine the nature
of an in7ury and the cause thereof, shall subject the emplopee to being
disqualified from compensation otherwise to be received by reason of such
illness, or in�ury and the absence caused thereby, and also to such othex
di.sciplinary means as are provided by law.
3.10 ABSFSICES
An employee who has been duly stumnoned for �ury duty in any court, or who has
been duly s�mimoned as a witness in any proceeding, shall be excused from work
for the purpose of complying with such s�ns, and while absent from work in
accordance therewith, such anployee shall be entitled to receive as pay a sum
of money equal to the difference between what the employee receives as
compensation for such �ury duty or witness fees and the employee's regular
L�Y•
An employee absent from work in accordance with the order of a duly
established mzlitary authority shall receive �y and compensation during such
absence as is provided by State Law.
In case of death occurring in the immediate family of an employee, such an
employee may be excused from work for up to three days with additional time
off granted by the City Manager if additional time is needed. This time off
shall not subject the �nployee to loss of �ay. For this purpose, members of
the immediate family of the employee are considered to be the following:
spouse, child (natural or adoptedl, parent, grandparent, brother, sister,
mother-in-law or father-in-law. (Ref. 535)
3.11 ALIMINISTRATIVE FOLICY
The City Manager shall have the paaer to formulate and exewte actninistrative
policies which will further clarify and complement this chapter and to make
rules and regulations for the enplayment of tenporary, �rt-time and contract
employees as well as consultants and independent contractors for services,
Such administrative policies, rules, and regulations shall apply to all City
employees unless there is a specific provision to the contrary in this
chapter or in a collective bargaining agreenent entered into by the City.
PASSED AND ADOPTED BY THE CITY CO[TNCIL OF THE CITY OF FRIDLEY THIS 20TH DAY
OF DECENIDER� 1982.
ATTFST:
C_`�.0 _ ��-�tiJ.-��_;-�,..�� _---
SIDNEY C, INPdAN - CITY CLERE:
First Reading:
Second Reading:
Publish:
2/2/10/7
I]eceml�r 6, 1982
December 20, 1982
�anuarY�19,_1983
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WILLIAM J, NEE YOR
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