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Ordinance No. 0985 01-27-1992ORDINANCE NO. 985 � AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 3, PERSONNEL The City Council of the City of Fridley does hereby ordain as follows: 3.01. PURPOSE The purpose of this Chapter is to establish standards, conditions and regulations of work and pay in City employment within the C�ty of Fridley, to be applicable to all non-union employees of the City occupying positions duly authorized by the Fridley City Council except where the City shall otherwise hereafter provide, or unless modified by a separate contract or agreement. The Council establishes the standards, conditions and regulations contained in the following sections. (Ref. 182, 636, 985) 3.02 HOURS OF WORK 1. Administrative and supervisory employees shall not qualify for overtime pay, standby pay, or call-back pay 2. The regular work week of each graded employee sha11 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 department dictate otherwise, as determined by the City Manager. 3. Overtime and overtime pay for any day shall commence after the expiration of the regular working day. Overtime and overtime pay for any week shall commence after the expiration of the regular working week; provided, however, that no graded employee sha11 be entitled to overtime pay for any day or for any week unless the actual hours of work during the week shall be additional hours of days of work and are not performed on such day in lieu of other hours or days of work regular to such employee. 4. 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 (2) hours of pay at one and one-half (1 1/2) times the regular rate of 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 pay, which pay shall be � in addition to the two (2) hours of standby pay. (Ref. 985) 5 In the public interest a graded employee may be called to perform work for the City after the regular working day and in such event the employee shall receive pay computed as follows: Ordinance No. 985 Page 2 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 than an amount equal to two (2) hours regular pay, provided, however, that such minimum amount sha11 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 employee is directed to perform work for the City within one (1) hour of the expiration 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 following 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 following days are "holidays:" New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veterans' Day, November 11, Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25, procided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans' Day, November 11; or Christmas Day, December � 25; falls on Sunday, the following day shall be a holiday and provided when New Year's Day, January 1; or Independence Day, Ju1y 4; or Veterans' Day, November 11; or Christmas Day, December 25, fa11s on Saturday, the preceding day sha11 be a holiday. (Ref. 872) 3.04 ANNUAL LEAVE AND SHORT TERM DISABILITY BENEFITS 1. Each employee of the City hired on or after January l, 1983, sha11 be entitled to annual leave away from employment with pay. 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 (18) days per year for the first seven (7) years (84 successive months) An employee 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 maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days for any individual employee. (Ref. 985) 2. Employees of the City hired prior to January l, 1983, shall be � provided with the opportunity to transfer from being sub�ect to the previous vacation, sick leave, and in�ury on duty provisions of this Chapter to being sub�ect to the annual leave provisions of � � Ordinance No. 985 Page 3 this section at a time and under conditions to be established by the City Manager. (Ref. 985) 3. Each employee of the City who has successfully completed the employee's probationary period shall be eligible for the short term disability benefit. Such an employee shall be entitled to fu11 pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or in�ury o£f the job and continuing until the employee returns to work able to carry out the duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first. Such an employee shall also be entitled to full pay commencing on the eleventh (llth) consecutive working day on which the employee is absenL due to a physician-certified illness or in�ury on the �ob and continuing until the employee returns to work able to carry out the duties and responsibilities of the employee's position or through the one hundredth (100th) working day of absence, whichever occurs first. The amount of any compensation for the short term disability benefit shall be reduced 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 in�ury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability bene£it shall not be reduced, nor shall such employee accrue annual leave during that period. (Ref. 985) 4. Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive 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 examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may be made on behalf of the Crty by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or in�ury claimed. (Ref 985) 3.05 SEVERANCE PAY Each employee who leaves the City employment for any reason, whether voluntary or involuntary, shall be paid for accrued annual leave days. An employee hired before September l, 1978, with forty-eight or more consecutive months of employment 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. (Ref. 985) Ordinance No. 985 Page 4 3.06 INJURY TO A VOLUNTEER FIREFIGHTER � Any volunteer firefighter in�ured while serving the City in the performance of the firefighter's duties sha11 be entitled to compensation for a period not to exceed ninety (90) days while absent from work by reason of injury. Rate of compensation sha11 be equal to the then current pay scale for first class firefighters in the City of Fridley, Minnesota, provided, however, the amount of any compensation shall be reduced by any payment received by the in�ured firefighter from workers' compensation insurance, or any payments received from the firefighter's regular employer. Any volunteer firefighter who claims an absence from work due to said in�ury sha11 submit said claim on forms provided by the City and if so requested, submit to an examination by a physician designated by the City (Ref. 466) 3.07 DISQUALIFICATION Failure without good cause on the part of an employee to provide such certificate or to submit 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 in�ury and the cause thereof, shall subject the employee 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 other disciplinary means as are provided by 1aw. � 3.08 ABSENCES l. An employee who has been duly summoned for �ury duty in any court, or who has been duly summoned as a witness in any proceeding, shall be excused from work for the purpose of complying with such summons, and while absent from work in accordance therewith, such employee 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 pay. 2. An employee absent from work in accordance with the order of a duly established military authority shall receive pay and compensation during such absence as is provided by State law. 3. In case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three (3) days with additional time off granted by the City Manager if additional time is needed. This time off shall not sub�ect the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the following: spouse, child (natural or adopted), parent, grandparent, brother, sister, mother-in-law, or father-in-law. � (Ref. 535) , � � e Ordinance No. 985 3.09 ADMINISTRATIVE POLICY Page 5 The City Manager shall have the power to formulate and execute such administrative policies which wi11 further clarify and complement this Chapter and to make rules and regulations for the employment of temporary, part-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 agreement entered into by the City. 3 10 EMPLOYEE APPRECIATION The City Manager shall have the power to authorize the expenditure of funds for Employee Appreciation. These funds sha11 be expended for an appreciation dinner and for the purchase of lapel pins, plaques, certificates, and time pieces recognizing service to the City. The expenditure shall be compensation for services and shall not be considered as a gift. (Ref. 918) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF JANUARY, 1992. ATTEST: SHIRLEY A HAAPALA - CITY CLERK First Reading: Second Reading: Publication: January 6, 1992 January 27, 1992 February 4, 1992 �-tr.�.�, �. WILLIAM S. NEE - MAYOR