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Res 2013-26 RESOLUTION NO. 2013 - 26 A RESOLUTION APPOINTING WALTER WYSOPAL TO THE POSITION OF CITY MANAGER AND APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND WALTER WYSOPAL WHEREAS, the City Council selected Walter Wysopal to the be the City Manager; and WHEREAS, the City has negotiated an Employment Agreement with Walter Wysopal. NOW, THEREFORE, BE IT RESOLVED: 1.The City Council hereby appoints Walter Wysopal as City Manager. 2.The attached Employment Agreement is hereby approved. 3.The Mayor and Interim City Manager are hereby authorized to execute the attached Employment Agreement. th PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 30 DAY OF April, 2013. ____________________________________ SCOTT J. LUND – MAYOR ATTEST: ____________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2013-26 Attachment 1 EMPLOYMENT AGREEMENT BETWEEN CITY OF FRIDLEY AND WALTER WYSOPAL entered into this ______ day of _______, 2013, by THIS AGREEMENT and between the City of Fridley, Minnesota (hereinafter referred to as "City") and Walter Wysopal (hereinafter referred to as "Wysopal"). the City desires to employ the services of Wysopal as City WHEREAS, Manager; and , Wysopal desires to accept employment in the position; WHEREAS , in consideration of the mutual covenants herein NOW, THEREFORE contained, the parties agree as follows: Section 1. Duties. A. Beginning June 17, 2013, the City hereby agrees to employ Wysopal as City Manager. Beginning June 17, 2013, Wysopal hereby agrees to perform the functions and duties of City Manager as specified in Minnesota State Statutes, City Charter, and as specified in the attached position description (Exhibit A), as may be amended from time to time by the City Council, and to perform such other legally permissible and proper functions and duties as the City Council from time to time shall assign. B. The City Council reserves the right, from time to time, to change, clarify and modify the functions and duties of the position of City Manager and to add or delete functions and duties with respect to this position. If the City Council by written resolution does make a change, clarification, modification, addition or deletion, then such alteration automatically shall become a part of and an amendment to the position description attached hereto, and Wysopal shall perform the duties and functions of his position according to the amended position description. C. The employment provided by this Agreement shall be Wysopal's sole employment. However, recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the City and the community, Wysopal may elect to accept limited teaching or consulting opportunities with the understanding that any such arrangements must not constitute interference with nor a -2- Resolution No. 2013-26 Attachment 1 conflict of interest with his responsibilities under this Agreement. Said limited teaching and consulting opporutnities shall not hinder the imparital, objective or efficient performance of Wysopal’s duties under this Agreement. Wysopal shall not work for pay for private individuals or other governmental agencies which work would be required or expected to be performed in the regular course of Wysopal’s City employment as determined by the City Council. Violation of this Section 1 (C) may be considered grounds for termination under Section 3 (F). D. The City Council, in its sole discretion, may fix such other terms and conditions of employment for Wysopal as from time to time it may determine are desirable, provided such terms and conditions are not inconsistent with or do not conflict with the provisions of this Agreement. E. Without the express consent of a majority of the City Council, Wysopal, acting within the scope of employment, shall not engage in activities, actions, public displays, or behaviors which are directly contrary to the established policies, goals, programs, and positions of the City Council. Wysopal shall not use or disclose any information or data not otherwise already in the public domain for personal or financial gain. Wysopal shall disclose to the City Council any direct, indirect or perceived conflicts of interest that Wysopal may have relative to matters appearing before the City Council or as transacted by the City in its routine operations. Violation of this Section 1 (E) may be considered as grounds for termination under Section 3 (F). F. Wysopal understands that the position of City Manager requires attendance at evening meetings and occasionally weekend meetings. Wysopal understands that the City will not grant him additional compensation and compensatory time for such additional expenditures of his time. Wysopal is not entitled to overtime pay. Section 2. Term. A. The indefinite term of this Agreement shall begin on June 17, 2013, and shall continue until terminated by either the City Council or Wysopal through his resignation. -3- Resolution No. 2013-26 Attachment 1 B. Wysopal’s employment is for an indefinite term to be served at the pleasure of the City Council. The parties agree that the City Council, at any time, at its sole discretion, by a majority vote of the full Council, has the right, with or without adequate cause, to terminate this Agreement and the services of Wysopal, subject only to payment under Section 3 hereof. Wysopal shall be deemed an “at will” employee. Prior to such termination, the City Council shall afford Wysopal the opportunity for a public hearing in front of the City Council. Wysopal is deemed an exempt employee under the Federal Fair Labor Standards Act. C. The parties agree that Wysopal has the right, at any time, to terminate this Agreement and voluntarily resign from the position of City Manager. If Wysopal terminates this Agreement and resigns, he must give the City two (2) months of advance written notice of the resignation, including the last date of employment with the City and the reason for the resignation, unless otherwise agreed by the parties; and he shall be paid by a lump sum cash payment for any accrued but unused annual leave, within one pay cycle following the date of his resignation. Section 3. Termination by City and Severance Pay. A. Except as provided in Section 3 (B), (C), (D), (E) and (F), in the event this Agreement and the services of Wysopal are terminated by the City Council, the City shall pay Wysopal severance pay by a lump sum cash payment equal to six (6) months of aggregate base salary without benefits at the time of his termination. Under such conditions, the City also shall pay Wysopal a lump sum cash payment for any accrued but unused annual leave. In the event the City Council at any time during the term of this Agreement reduces the salary or other financial benefits of Wysopal in a greater percentage than an applicable across-the- board reduction for all City department heads, or in the event the City refuses to comply with any provision benefiting Wysopal hereunder, then in any such event and at Wysopal’s option he shall be deemed "terminated" as of the date thereof for the purposes of this Section and this Agreement. In such an instance, the City shall pay Wysopal severance pay equal to six (6) months of aggregate base salary at the time of his termination, together with any accrued but unused annual leave. -4- Resolution No. 2013-26 Attachment 1 B. In the event that the City Council terminates Wysopal because of any of the following:  theft or embezzlement of money or City funds by Wysopal  willful malfeasance by Wysopal  nonfeasance or misfeasance by Wysopal  repeated failure or refusal by Wysopal to follow the City Council’s direction or orders as memorialized in a written resolution  willful neglect of duties  conviction of Wysopal of a felony then Wysopal shall not be entitled to any severance pay under Section 3 (A). C. Provided Wysopal is eligible for the disability insurance provided through the City, in the event that Wysopal (i) is permanently disabled such that Wysopal is unable to perform one or more of the essential duties of his position or (ii) is otherwise unable to perform the essential duties of his position because of sickness, accident, physical or mental health or injury for a period of four (4) weeks beyond any accrued annual leave or for three (3) total months out of any continuous four (4) month period, the City Council may terminate this Agreement and in such instance the City shall not be required to pay Wysopal any severance pay under Section 3 (A). D. In the event Wysopal dies during the term of this Agreement, the City is not required to pay severance pay under Section 3 (A). In such an instance, the City shall pay any accrued but unused annual leave. E. In the event Wysopal resigns under Section 2 (C), the City is not required to pay severance pay under Section 3 (A). In such an instance, the City shall pay any accrued but unused annual leave. F. In the event that the City Council terminates Wysopal due to a violation of Section 1 (C) or Section 1 (E), Wysopal shall not be entitled to any severance pay under Section 3 (A). Section 4. Salary. The annual salary for Wysopal shall be $125,400 per calendar year. Such salary shall be paid in installments over 26 pay periods during a calendar year. -5- Resolution No. 2013-26 Attachment 1 Beginning June 17, 2014, Wysopal’s salary shall increase 3.33%. Beginning June 17, 2015, Wysopal’s salary shall increase another 3.33%. In addition to the aforementioned salary increases, Wysopal shall receive whatever general increases (commonly referred to as cost of living adjustments (“COLAs”)) when provided to all other other non-union full-time authorized employees. After June 17, 2015, the City Council may adjust Wysopal’s salary. Any further adjustments thereafter shall be made on June 17 of each calendar year or at such other times as may be determined at the sole discretion of the City Council. All such further adjustments shall be determined at the sole discretion of the entire City Council by majority vote thereof. Section 5. Performance Evaluation. The City Council shall review with Wysopal and evaluate the performance of Wysopal on a periodic basis, as frequently and at such times as are deemed advisable by the Council. Initially, the City Council shall review with Wysopal and evaluate his performance in June 2014 and in June 2015. Thereafter, any regular performance evaluations will be conducted on a schedule detemined by the City Council. Section 6. Dues and Subscriptions. The City recognizes the desirability of and encourages Wysopal’s participation and membership in professional organizations such as the International City Managers Association (“ICMA”) and Minnesota City/County Management Association(“MCMA”) and subscription to a reasonable number of professional publications related to his position of City Manager at the City’s expense. Any other memberships or subscriptions must be reviewed in advance and approved as a part of the regular budget process or upon approval of the City Council. Section 7. Seminars and Conferences. The City recognizes the desirability of and encourages Wysopal’s professional development through attendance and participation at a reasonable number of professional seminars and conferences at the City’s expense. Payment by the City for Wysopal’s attendance at all conferences, seminars and other such occasions must be approved in advance and approved as a part of the regular budget process or upon approval of the City Council. -6- Resolution No. 2013-26 Attachment 1 Section 8. Civic Club Membership. The City recognizes the desirability of participation by Wysopal in local civic and other community organizations. Payment by the City for Wysopal’s membership in such civic and community organizations must be approved as a part of the regular budget process or upon approval of the City Council. Section 9. General Expenses. The City recognizes that from time to time Wysopal will, of necessity, spend personal funds to adequately fulfill the duties and functions of his position. In recognition thereof, the City agrees to reimburse Wysopal for all such direct out-of-pocket expenses, in accord with guidelines established in advance by the City Council. Section 10. Automobile Allowance. The City recognizes that Wysopal will make extensive use of his personal automobile to adequately fulfill the duties and functions of his position. In recognition thereof, the City agrees to pay Wysopal an automobile allowance. Wysopal, at his option, may elect to have the automobile allowance paid as additional non-base salary, in addition to his base salary. The automobile allowance, effective contemporaneously with the execution of this Agreement, shall be calculated on the basis of $4,200 per calendar year; this amount shall be paid in installments over 26 pay periods during the calendar year. Section 11. Cell Telephone/Technology Plan. The City shall issue to and provide at no cost to Wysopal the cell phone/technology plan available to other City department managers and eligible City employees. Section 12. Annual Leave. The City hereby vests Wysopal with fifteen days (120 hours) of annual leave, effective his initial day of employment with the City. Thereafter, Wysopal shall then accrue annual leave at the same level as other non-union full-time authorized employees based on years of employment. Wysopal’s maximum total accumlation of annual leave at the end of any given year shall be 280 hours as set forth in the City Code § 304.1, identical to the leave benefit provided to non-union full-time authorized employees. -7- Resolution No. 2013-26 Attachment 1 Section 13. Retirement Benefits. The City agrees to contribute to the State Public Employees' Retirement Association (PERA) defined contribution plan for City Managers the employer's portion of retirement benefits to which Wysopal is entitled. Wysopal agrees to pay his share. Under the current rates, Wysopal will contribute 6.25% of his salary and the City will contribute 6.25% of Wysopal’s salary to the PERA fund. Beginning June 17, 2013, the City further agrees to contribute 3% of Wysopal’s annual base salary to the International City Manager Association – Retirement Corporation (“ICMA-RC”) for the benefit of Wysopal’s retirement. Beginning June 17, 2014, the City agrees to contribute 4% to ICMA-RC for the benefit of Wysopal’s retirement. Beginning June 17, 2015,and thereafter, the City agrees to contribute 5% to ICMA-RC for the benefit of Wysopal’s retirement. With respect to the City’s contributions into ICMA-RC for the benefit of Wysopal’s retirement, Wysopal agrees to comply with the equal match contribution reqirement provided in Minn. Stat. §356.24, subd. 1, as may be amended from time to time. Section 14. Life Insurance. In addition to the standard life insurance policy available to non-union full-time authorized employees, the City also agrees to provide for the benefit of Wysopal a voluntary term life insurance policy in the amount of $50,000 through the City’s life insurance provider. Section 15. Benefit Terms and Conditions. To the extent not inconsistent with or in conflict with the provisions of this Agreement, all regulations, restrictions, rules and scope of benefits of the City relating to the benefits identified on the attached Exhibit B as they apply to other non-union full-time authorized employees and as they now exist or hereafter may be amended, also shall apply to Wysopal; and Wysopal shall be entitled to receive such benefits upon such terms and conditions. In those situations in which the City grants different benefit packages to different groups of employees, Wysopal shall be entitled to receive the same benefits as are provided City department heads. To the extent the governing provisions relating to such benefits require the consent, waiver or approval of the City Manager as such benefits relate to other employees, Wysopal must obtain the consent, waiver or approval of the City Council as such benefits apply to Wysopal. -8- Resolution No. 2013-26 Attachment 1 Section 16. Compliance With Policies and Regulations. To the extent not inconsistent with or in conflict with the provisions of this Agreement and as they apply to other non-union full-time authorized employees, all obligations and responsibilities set forth in the policies and regulations identified on Exhibit C and currently on file with the City’s Director of Human Resources as they now exist or hereafter may be amended shall also apply to Wysopal; and Wysopal shall comply with such policies and regulations. The policies and regulations identified on Exhibit C are incorporated into the Agreement as if fully set forth herein and Wysopal acknowledges and agrees that the City has provided him a copy of said policies and regulations identified on Exhibit C. To the extent the governing provisions relating to such policies and regulations require the consent, waiver or approval of the City Manager as such policies and regulations relate to other employees, Wysopal must obtain the consent, waiver or approval of the City Council as such policies and regulations apply to Wysopal. Section 17. Discipline. For adequate cause and after affording Wysopal an opportunity for a public hearing before the City Council, the City Council, by a majority vote of the entire Council, may impose any of the following forms of discipline upon Wysopal: 1. verbal warning 2. written reprimand 3. suspension without pay. Progressive discipline measures used shall be at the sole discretion of the City Council, contingent upon the determination of the act of severity as to the disciplinary action to be imposed. Termination of this Agreement shall be governed by Sections 2 and 3 hereof. Section 18. Indemnification. The City shall defend and indemnify Wysopal pursuant to Minn. Stat. § 466.07. -9- Resolution No. 2013-26 Attachment 1 Section 19. Amendment and Review. The parties may mutually amend this Agreement at any time, and all such amendments shall be in writing. Section 20. Governor’s Salary Cap. Nothwithstanding any provision of this Agreement, in no event may Wysopal’s salary and the value of all other forms of compensation, as defined in Minn. Stat. § 43A.17, subd. 1 and further described and set forth in Minn. Stat. § 43A.17, subd. 9, exceed 110% of the salary of the Governor of the State of Minnesota as set under Minn. Stat. § 15A.082 (the “Governor’s Salary Cap”). If, by way of automatic adjustments or increases such as COLAs, by way of example, Wysopal’s salary and all other forms of compensation, as defined in Minn. Stat. § 43A.17, subd. 1 and further described and set forth in Minn. Stat. § 43A.17, subd. 9, would exceed the Governor’s Salary Cap, the City and Wysopal shall agree to mutually work towards a solution that is acceptable to Wysopal and the City. Section 21. General Provisions. A. Acknowledgement of Reasonableness. The parties agree that the provisions in this Agreement are fair and reasonable. B. Entire Agreement. The text herein shall constitute the entire agreement between the parties hereto and shall supersede all prior oral or written agreements. C. Binding Effect. This Agreement shall be binding upon the parties. D. Waiver. The waiver of any breach of term or condition of this Agreement shall not be deemed a waiver of any other or subsequent breach whether like or different in nature. E. Headings. The captions contained herein are not part of this Agreement. They are included only for the convenience of the parties and shall not affect the construction or interpretation of any of its provisions. F. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. Any action arising out of this Agreement shall be venued in Anoka County, Minnesota. -10- Resolution No. 2013-26 Attachment 1 G. Effective Date. This Agreement shall become effective on June 17, 2013. The initial day of employment of Wysopal with the City shall be when Wysopal fully assumes his duties as City Manager, which date shall be no later than June 17, 2013. The salary and benefits for Wysopal shall commence with his initial day of full employment. H. Severability. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected and shall remain in full force and effect. I. Nonassignability. This Agreement may not be assigned by any of the parties. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. [The remainder of this page is intentionally left blank.] -11- Resolution No. 2013-26 Attachment 1 the parties hereto have signed and executed IN WITNESS WHEREOF, this Agreement, in duplicate, on the day and year first above written. CITY OF FRIDLEY By: Scott J. Lund Its Mayor By: Darin R. Nelson Its Interim City Manager Attest: Debra A. Skogen City Clerk WALTER WYSOPAL Walter Wysopal -12- Resolution No. 2013-26 Attachment 1 EXHIBIT A ADMINISTRATION CITY MANAGER POSITION SUMMARY The City Manager is the chief administrative officer of the City. To the extent allowed by law, and unless otherwise circumscribed by City Charter, ordinance, resolution or Council directive, the Council hereby delegates to the City Manager full authority to exercise ministerial and administrative powers consonant with the City Manager's duties and responsibilities. The City Manager shall be directly responsible to the Council. The City Manager's duties and responsibilities shall be in the areas of: 1. supervision 2. enforcement and implementation 3. coordination 4. personnel officer 5. budgeting and financial monitoring 6. council advisor 7. public relations The City Manager shall have the necessary and incidental powers to perform fully the duties and responsibilities set forth below. The City Manager's duties and responsibilities set forth below are not all inclusive; the City Manager shall perform such other duties as may be prescribed by statute, ordinance, City Charter, Council resolution or Council directive. The City Manager duties include serving as the Executive Director of the City Housing and Redevelopment Authority. The City Manager is directly accountable to the City Council. SUPERVISION 1. The City Manger shall manage all department heads and shall coordinate the activities of consultants. 2. The City Manager shall ensure the development of an effective municipal organization. To this end, the City Manager shall: 13 Resolution No. 2013-26 Attachment 1 a. when necessary or advisable, recommend changes in organizational structure; b. work with department heads to ensure effective job descriptions and classifications; c. monitor the effective utilization of employees; d. recommend staffing addition or deletions; e. recommend salary levels; f. recommend employee training activities; g. implement staff reorganizations or staffing changes made by Council; h. coordinate operation of the City departments. 4. To the degree deemed necessary, the City Manager shall monitor all consultant contracts and other contracts to which the City is party to ensure compliance. 5. The City Manager shall ensure that City buildings and other physical assets are effectively managed. 6. In accord with Council guidelines or directives, the City Manager may develop and issue administrative and ministerial procedures necessary to insure the proper functioning and coordination of City departments. These procedures shall be effective when issued and shall continue to be in effect until rescinded by the City Manager or by express Council action. The procedures shall not contravene stated Council policy and the City Charter nor shall the procedures contravene statute or ordinance. ENFORCEMENT AND IMPLEMENTATION 1. The City Manager shall be responsible for the timely enforcement of all laws and ordinances of the City, as well as the City Charter. 14 Resolution No. 2013-26 Attachment 1 2. The City Manager shall implement the Council resolutions and policy directives in a timely manner. COORDINATION 1. The City Manager shall ensure that the recommendations of advisory bodies, commissions and task forces are presented to the Council. 2. The City Manager shall ensure that the Council's requests of or directives to advisory bodies, commissions and task forces are accurately communicated to those entities. 3. The City Manager shall provide necessary information to advisory bodies, commissions and task forces. 4. The City Manager shall be responsible for coordinating the activities of all City departments. 5. The City Manager shall ensure that communications from the public or other governmental bodies to the Council are accurately communicated to the Council on a timely basis. 6. The City Manager shall coordinate City programs as authorized by the Council. 7. The City Manager shall maintain communications with governmental jurisdictions with which the City is involved or interfaces. 8. The City Manager shall represent the City at such official or semi- official functions as may be directed by the City Council. PERSONNEL OFFICER 1. The City Manager shall be the chief personnel officer of the City. 2. The City Manager shall be responsible for the implementation, enforcement and monitoring of the City 's personnel standards as contained in the City Code and City Employee Personnel Policies 15 Resolution No. 2013-26 Attachment 1 and Procedures as may be interpreted or further defined by applicable City Council resolutions. 3. The City Manager shall advise the Council regarding appropriate staffing levels. 4. The City Manager shall recommend job descriptions for new positions and the City Manager shall recommend necessary or advisable revisions for existing positions. 5. In accordance with Council guidelines, the City Manager shall establish procedures for seeking job applicants and screening finalists for open positions. 6. The City Manager shall recommend a person to fill vacant positions. The ultimate authority to appoint or remove an employee shall be that of the Council. 7. The City Manager shall establish procedures for employee performance reviews, review the performance of employees, and shall recommend promotions, transfers, demotions, or termination. 8. The City Manager shall annually review employee salaries and recommend salary adjustments to the City Council. 9. When directed by the Council, the City Manager shall represent the City in contract negotiations with bargaining units under the Minnesota Public Employment Labor Relations Act. 10. The City Manager shall recommend personnel rules and regulations and shall recommend changes in working conditions to the Council. BUDGETING AND FINANCIAL MONITORING 1. The City Manager shall submit to the Council a single consolidated budget document which shall include statements relating to projected revenue and proposed sources, departmental requests, and all proposed expenditures to be made and obligations to be incurred by the City in the forthcoming fiscal year. 16 Resolution No. 2013-26 Attachment 1 2. The City Manager shall administer and monitor all provisions of the adopted City budget. 3. During the fiscal year, the City Manager shall recommend to the Council budget modifications, if necessary or advisable. 4. On a regular basis, the City Manager shall report to the Council on the status of the City's finances and the status of the budget. 5. The City Manager shall recommend to the Council appropriate adjustments to maintain costs consistent with operating budgets and City objectives. 6. The City Manager shall recommend financing plans to accomplish major capital improvements. 7. The City Manager shall be responsible for the application within the Department of Finance of generally accepted financial and accounting procedures and methods. 8. The City Manager shall recommend to the Council accounting and financial procedures to be adopted and employed in all City departments. 9. The City Manager shall be responsible for ensuring that specifications are prepared for all items for which competitive bids or quotations are required. The City Manager shall recommend such specifications and be prepared to advise the Council on the justification for the individual specifications. The City Manager shall monitor the competitive bidding processes, shall, when deemed advisable, attend bid openings, and shall recommend award of contracts. 10. The City Manager shall develop and ensure effective utilization of appropriate budgeting and administrative planning and control procedures. The City Manager shall work with department heads to monitor department budgets and to ensure that proper budget control procedures, approved disbursements procedures and purchasing procedures are established and followed. 17 Resolution No. 2013-26 Attachment 1 11. The City Manager shall monitor the investment of City assets and shall make recommendations relating thereto. 12. With respect to purchasing, the City Manager shall act as chief purchasing agent and shall have the responsibilities as established by that section of the City Charter dealing with purchasing procedures. COUNCIL ADVISOR 1. The City Manager shall recommend to the Council changes, amendments or repeal of existing ordinances whenever necessary advisable. 2. The City Manager shall attend and may participate in discussion at all meetings of the City Council, unless excused from attendance by the Mayor. The City Manager shall also attend such other meetings of official City bodies or commissions as may be directed by the City Council. 3. The City Manager shall keep informed and shall inform the Council on intergovernmental matters affecting the operation of local government, such matters to include: a. Court decisions where the City is a party b. County, state and federal requirements c. State or federal administrative rules d. Developments and plans in other jurisdictions that may affect City Government 4. The City Manager shall advise the Council as to the future needs of the City. The City Manager shall recommend long-range programs and capital improvements. 5. The City Manager shall be responsible for preparation of the Council agenda. 18 Resolution No. 2013-26 Attachment 1 6. The City Manager shall advise the Council on all significant matters which require Council action or approval. The City Manager shall ensure that such matters are fully and objectively presented to the Council. 7. The City Manager may present recommendations concerning the policies and objectives and shall make recommendations to adjust plans and policies to accommodate unforeseen and uncontrolled factors. 8. The City Manager shall keep informed on developments in the public administration field and shall advise the Council on matters relating thereto. PUBLIC RELATIONS 1. The City Manager shall maintain a high level of contact with the public and meet the needs of the public within available resources and policy guidelines of the City Council. 2. The City Manager shall plan, organize, and maintain training of employees in contact with the public, either by phone or in person, to ensure that an attitude and feeling of helpfulness, courtesy, and sensitivity to public perception exists in such employees. 3. The City Manager shall establish and maintain an image of the City Organization to the community that represents service, vitality and professionalism. 4. The City Manager shall establish and maintain a liaison with private non-governmental agencies, organizations and groups involved in areas of concern that relate to services or activities of the City. 5. The City Manager shall establish and maintain a liaison with other governmental jurisdictions in those areas of service that improve or enhance the City's programs. 19 Resolution No. 2013-26 Attachment 1 EXHIBIT B SUMMARY OF EMPLOYEE BENEFITS - 2013 (For Regular Full-time Benefited Non-Union Employees) The City of Fridley is proud to offer a wide variety of attractive benefits to its employees in addition to their hourly wage or salary. Listed below is a summary of some of the benefits for regular full-time benefited employees who work 32 or more hours per week (non-union employees only). Union employees should consult their contract for benefit details. These benefits may be subject to change. ANNUAL LEAVE Regular Full-time employees are eligible to use their Annual Leave once they have accrued it. If the employee is transferred from part-time to full-time status, Annual Leave will begin to accrue on the date of transfer. Vacation pay is computed as your standard workweek multiplied by your straight-time hourly rate or, for full-time employees, your weekly salary. Accrual amounts are updated with each pay period and are recorded on your pay stub. Calculations regarding the amount of vacation that has been earned will be based on the following formula: Years of Service Accrue/Year Accrue/Pay Period 1 – 7 18 days 5.54 hours 8 – 15 24 days 7.38 hours 15 – above 26 days 8.00 hours Regular Part-timeBenefited employees receive Annual Leave based on the above schedule, but Temporary or Seasonal Annual Leave is prorated based on their scheduled hours. employees do not receive annual leave. BEREAVEMENT LEAVE The City’s intent is to lessen the hardships associated with a death in the family. Therefore, if a death in the employee’s immediate family occurs, time off and continuance of pay will be granted up to three (3) days will be granted for bereavement leave, depending on the situation and or family member. HOLIDAYS The City is normally closed for 11 holidays as approved by the City Council. The exact dates of these holidays will be posted each year. If a holiday falls on a Saturday, the City will be closed on the previous Friday. If a holiday falls on a Sunday, the City will be closed on the following Monday. If you need special consideration to observe a religious holiday, we will make every reasonable accommodation to let you have the day off without pay. 20 Resolution No. 2013-26 Attachment 1 JURY DUTY An employee summoned to jury duty will be paid their normal pay while actively serving, provided the employee submits certification that they were in court. The employee must provide notice to their supervisor and Human Resources as soon as they are summoned as well as follow normal reporting procedures for absences. FLEXIBLE BENEFIT PLAN A Flexible Benefit Plan is available to full-time employees and part-time employees working at least 32 hours per week. The City’s health insurance for the year 2013 is through Medica. Employees are allowed to choose one of three options when considering their benefit coverage: A. Health/Dental/Life Insurance Package(see rates below): Employees may choose this option if they wish to have the health, dental and life insurance package. Employees enrolled in this option will receive the employer’s contribution. B. Monthly cash option of $467.77. Employees may choose this option if they have health and dental coverage elsewhere. This option is considered taxable to the employee. Basic Term Life Insurance Coverage for $25,000 is provided at no additional cost to the employee. Proof of health and dental insurance coverage through another plan is required in order to waive coverage. C. 10 Days of Annual Leave or 80 hours. Basic Term Life Insurance Coverage for $25,000 is provided at no additional cost to the employee. Proof of health and dental insurance through another plan is required in order to waive coverage. HEALTH INSURANCE The City’s health insurance provider is Medica. The city offers three products for employees. All plans offer the same provider network, however, the benefit levels vary (See Summary Plan Description). Listed below is the summary of the costs and options: “The Base Plan” 1) (80/20 Plan) allows employees open access to a large network of providers. Monthly premiums are: $695.38 for individual coverage (employee pays $34.77 per month) and $2,003.92 for Dependent Insurance (employee pays $601.18 per month). “Health Reimbursement Amount (HRA) paired with a VEBA (Voluntary Employee 2) Benefit Account):" This option offers a high deductible health plan with a monthly contribution from the City that goes into a trust to be used to pay for healthcare expenses, now and into the future. The VEBA contribution is only open to active employees. Premiums are: $580.06 per month for individual coverage (Employee pays $19.47 per month) and those choosing dependent coverage see a monthly premium of $1,671.59 (Employee pays $368.85 per month). In addition to the premium savings, the City will contribute $100 per month into a VEBA Trust Account through US Bank to be used for future medical expenses, even beyond employment. This fund has the opportunity to interest and has no “use it or lose it” requirement. 21 Resolution No. 2013-26 Attachment 1 “Health Savings Account (H.S.A.)” 3) : This option is high deductible health plan paired with a health savings account through US Bank. The monthly premium is $559.05 for single coverage (Employee pays $0.00) and for dependent coverage, the premium is $1,611.10 (the employee pays $308.36 per month). In addition to the premium savings, the City will contribute $100 per month into a savings account at US Bank to be used for future medical expenses, even beyond employment. This fund has the opportunity to earn interest and has no “use it or lose it” requirement. DENTAL INSURANCE Delta Dental is the City’s dental care provider. There are two options for dental care in an open access program, which allows the employee to choose between the DeltaPreferred Network of dentists and clinics for the greater discount, or the DeltaPremier Network, where the employee goes to a dentist or clinic of their choice not in the network. Total Monthly Premium: $41.56 Individual $88.03 Individual plus one (1) dependent or spouse $124.98 Dependent coverage (more than two dependents) The City of Fridley contributes $22 per month per employee toward the dental monthly premium. LIFE INSURANCE Regular full-time employees and part-time employees working at least 32 hours per week receive $25,000 in basic term life insurance coverage on the first day of employment at no charge to the employee. Additional Supplemental Life insurance and Accidental Death & Dismemberment (AD&D) Insurance is available to employees and dependents for an additional amount. Rates and enrollment information will be provided at the new employee orientation. PERA LIFE INSURANCE An additional life insurance is available to employees eligible for PERA (see below) for $16 monthly premium. This includes Accidental Death & Dismemberment along with dependent life insurance. A separate enrollment form is required. No employer contribution is available for this benefit. FLEXIBLE COMPENSATION PLAN (Flexible Spending Account) Because the City of Fridley offers a Flexible Benefit Plan, employees are also eligible to participate in a Flexible Compensation or Flexible Spending Account. This allows employees to set money aside on a pre-tax basis (up to $2,500 for medical expenses and $5,000 per year for day care expenses) to pay for out of pocket expenses related to approved health/dental care and/or dependent care (i.e. day care or elder care). Simply, employees decide how much money they intend to use for expenses, deductions are taken through payroll deduction bi-weekly, employees pay for expenses up front with the providers, then employees submit their proof of expenses/receipts to get reimbursed. Enrollment is optional for this program and occurs annually. 22 Resolution No. 2013-26 Attachment 1 WELLNESS PROGRAM In keeping with an overall philosophy of promoting employee wellness and fitness for all employees, the City of Fridley offers a voluntary wellness program that rewards employees with a choice of up to six (6) additional days off of annual leave per year or up to $200 reimbursement towards a health club membership (taxable income). Every six months, employees participate in a convenient 30-minute fitness assessment, which evaluates cardiovascular fitness; blood profile risk analysis; body and fat composition; muscle strength; flexibility and respiratory functions. Employees share in a portion of the cost for the blood profile (approx. $70 per person per testing session). This program is not open to part-time, seasonal or temporary employees. SHORT-TERM DISABILITY The City offers short- term disability insurance that provides for a portion of your salary if you become temporarily disabled. Employees are eligible for this benefit after they complete one year of employment. There is no monthly premium for short-term disability insurance, and employees st will receive 100% of their salary beginning on the 21 consecutive day of lost time through day 90. In order to receive this benefit, a physician or health care provider must certify the disability. LONG-TERM DISABILITY The City offers a voluntary long-term disability program through Standard Life Insurance, which provides for up to 60% of your earnings at the point of 90 calendar days up to age 65 or at the point of Social Security eligibility. Because it is a voluntary benefit, the employee pays all premiums, once approved by the insurance company. This benefit is guaranteed issued upon the first 30 days of employee, after that, a health history questionnaire is required along with a health exam and approval from the company. PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) All employees who are not full-time students, who work more than six (6) months consecutively, and earn more than $425 per month (gross) are required to participate in PERA. PERA is designed to help you save for your retirement and at the same time, reduce your taxable income. In 2012, each employee who qualifies for PERA are required to contribute 6.25% (9.6% for Fire and Police personnel) of their income and the City will contribute 7.25% for Coordinated Plan members. Police and Fire Fund members will receive a contribution of 14.4%. These rates are subject to change. DEFERRED COMPENSATION RETIREMENT PLAN Regular full- and regular part-time employees as well as Paid, On-call Firefighters are eligible to participate in a deferred compensation plan (457b) through Wells Fargo. Deferred Compensation is a program that allows you to save and invest for your retirement through payroll deduction. Federal and state income taxes are deferred until your assets are withdrawn, usually during retirement when you may be in a lower tax bracket. EMPLOYEE ASSISTANCE PROGRAM (EAP) The City of Fridley offers several resources for employees and their families to gain 24-hour assistance for mental health counseling, dependency issues, family issues, financial issues, legal matters, as well as many other free services. Employees can call Medica Optum at 1-800-626-7944 23 Resolution No. 2013-26 Attachment 1 or Horizon Health EAP Services at 1-888-293-6948. Extra brochures are available in the Human Resources Department. WORKER’S COMPENSATION The City of Fridley provides workers’ compensation insurance and benefits to all employees. If you are injured, you need to report any injury immediately to your supervisor, no matter how minor it may appear. You may not be covered under this benefit if you do not report it to your employer. Once reported, the details of the injury and report are processed with the League of Minnesota City Insurance Trust for review and acceptance. If accepted, you may be entitled to wage-loss benefits. For further information, contact Human Resources at 763-572-3507 or the League of Minnesota Cities Insurance Trust at 651-215-4169. SOCIAL SECURITY AND MEDICARE Employees will be entitled to retirement, disability, and survivor benefits under the federal government’s Social Security program. You and the City for a total of 6.2% for Social Security and 1.45% for Medicare share the cost of your Social Security and Medicare benefits. EDUCATION SUPPORT AND TUITION REIMBURSEMENT We strive to provide on-the-job instruction and training to all employees. It is our belief that as you expand your City knowledge and expertise through on-the-job training and formal education you become more valuable to the City. Full-time authorized employees are eligible for tuition assistance for work-related courses and degrees through a community college or university. The annual limit for Tuition Reimbursement is $2,925 per calendar year for each eligible employee. DIRECT DEPOSIT All employees will be required to have their pay directly deposited into the financial institution of their choice. In some cases, employees may be able to designate multiple funds in which to be deposited. Employees who have their paycheck direct deposited will still receive a pay statement for their records. CREDIT UNION All employees with the City of Fridley are eligible to become a member of the Affinity Plus Federal Credit Union, open to public employees. More information will be provided at the new employee orientation. FUN AT THE CITY OF FRIDLEY The City of Fridley offers a variety of activities for all employees. The Employee Relations Committee organizes several events and activities throughout the year, which may include: a holiday event, a summer picnic, Halloween event, popcorn get-togethers, employee appreciation, and other activities. All activities are funded solely from monies raised by employees to coordinate these events. In addition, the City Manager hosts an annual employee appreciation event and the Recreation Department sponsors an annual employee golf tournament. Some departments organize activities and events as well. 24 Resolution No. 2013-26 Attachment 1 QUESTIONS? More information and details will be provided during your new employee orientation and in your Employee Handbook. If you have any questions or need further information, please contact the Human Resources Department at 763-572-3507 or 763-572-3504. 25 Resolution No. 2013-26 Attachment 1 EXHIBIT C LIST OF POLICIES AND REGULATIONS City Employee Personnel Policies and Procedures (commonly referred to as the Employee Handbook) 26