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PERSONNEL POLICY
Updated: September 1, 2018
Updated: June 17, 2019 (Section 46)
Updated: August 21, 2019 (Section 41)
Update: May 1, 2022 (Section 63.1 and 63.2)
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Table of Contents
Introduction
Section 1: Purpose …………………………………………………………………………………………………………….……………………6
Section 2: Not an Employment Contract …………………………………………………………………………………….…………..6
Section 3: Department Work Rules ……………………………………………………………………………………………….………..6
Section 4: City Manager Responsibilities………………………………………………………………………………………………….6
Section 5: Applicability…………………………………………………………………………………………………………………………….6
Section 6: Definitions………………………………………………………………………………………………………………………………7
Employee Recruitment & Selection
Section 7: Equal Opportunity Employer and Non-Discrimination…………………………………………..……………… 8
Section 8: Appointments……………………………………………………………………………………………………..…….…………..8
Section 9: Veteran’s Preference……………………………………………………………………………………………….….…………8
Section 10: Background Investigations………………………………………………………………………………………..…………8
Section 11: Medical Exams……………………………………………………………………………………………………..……………..9
Section 12: Probationary Period…………………………………………………………………………………………………………….9
Section 13: Assigning and Scheduling Work………………………………………………………………………………………….13
Section 14: Job Descriptions and Wage Disclosure……………………………………………………………………………….13
Employee Responsibilities
Section 15: Responsibilities of City Employees……………………………………………………………………………….……..10
Section 16: Customer Standards of Service……………………………………………………………………………………….…..10
Section 17: Political Activity…………………………………………………………………………………………………………..………12
Section 18: Ethics Policy…………………………………………………………………………………………………………………………12
Employee Rights
Section 19: Respectful Workplace………………………………………………………………………………………………………….15
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Section 20: Sexual Harassment………………………………………………………………………………………………………….……17
Section 21: Duty to Report and Investigations…………………………………………………………………….………………….18
Section 22: Discipline………………………………………………………………………………………………………………….……….…20
Section 23: Appeal Procedure…………………………………………………………………………………………………………........21
Section 24: Military Duty…………………………………………………………………………………………………………………..……22
Section 25: Jury Duty……………………………………………………………………………………………………………………………..23
Section 26: Job-Related Court Appearances………………………………………………………………………………………...…23
Section 27: Victim or Witness Leave……………………………………………………………………………………………………….24
Section 28: Election/Voting Leave……………………………………………………………………………………………………….…24
Section 29: School Conference and Activities Leave……………………………………………………………………………….24
Section 30: Parenting Leave……………………………………………………………………………………………………………………24
Section 31: Family Medical Leave Act…………………………………………………………………………………………………….26
Section 32: Workers’ Compensation Leave………………………………………………………………………………………….…28
Section 33: Disability Leave and Accommodation……………………………………………………………………………………28
Section 34: Donation of Bone Marrow……………………………………………………………………………………………..…….29
Section 35: Nursing Mothers………………………………………………………………………………………………………….………29
Section 36: Data Practices Advisory………………………………………………………………………………………………….……29
Section 37: Wages and Hours…………………………………………………………………………………………………………….….29
Organizational Policies
Section 38: Work Day……………………………………………………………………………………………………………………………31
Section 39: Tardiness……………………………………………………………………………………………………………………………31
Section 40: Employee Availability…………………………………………………………………………………………………………31
Section 41: Time Sheets and Payroll Procedures………………………………………………………………………………….32
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Section 42: Child Support or Spousal Maintenance………………………………………………………………………………..32
Section 43: Anniversary Dates and Performance Evaluations…………………………………………………………………32
Section 44: Leave Policy for Exempt Employees………………………………………………………………………………………33
Section 45: Key Cards/Keys…………………………………………………………………………………………………………………….33
Section 46: Business Travel and Reimbursable Expenses…………………………………………………………………………33
Section 47: Use of City Vehicle…………………………………………………………………………………………………………….…35
Section 48: Injury on Duty………………………………………………………………………………………………………………………35
Section 49: Smoking………………………………………………………………………………………………………………………….……35
Section 50: Dress Code…………………………………………………………………………………………………………………..………35
Section 51: Personal Telephone Calls…………………………………………………………………………………………….………36
Section 52: Mobile Device Use………………………………………………………………………………………………………………36
Section 53: No Personal Gain………………………………………………………………………………………………………….…….37
Section 54: Weapons Policy………………………………………………………………………………………………………….……….37
Section 55: Media…………………………………………………………………………………………………………………………………38
Section 56: Outside Employment………………………………………………………………………………………………………….38
Section 57: Drug and Alcohol Policy…………………………………………………………………………………………Appendix A
Section 58: Technology Policy………………………………………………………………………………………..………..Appendix B
Section 59: Driver’s License & Vehicle Accidents………………………………………………………………………Appendix C
Employee Benefits
Section 60: Eligibility for Benefits……………………………………………………………………………………………………………39
Section 61: Holidays & Personal Days………………………………………………………………………………………………….…40
Section 62: Paid Time Off (Part-Time Employees)…………………………………………………………………………..………41
Section 63: Vacation (Full-Time Employees)……………………………………………………………………………………………42
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Section 64: Sick Leave……………………………………………………………………………………………………………….…..…...…42
Section 65: Funeral Leave………………………………………………………………………………………………………………….…..44
Section 66: Unpaid Leave of Absence…………………………………………………………………………………………………….44
Section 67: Leave for Fire Service……………………………………………………………………………………………………..…….45
Section 68: Tuition Reimbursement…………………………………………………………………………………………………….…45
Section 69: Insurance Benefits…………………………………………………………………………………………………….………..46
Section 70: Healthcare Savings Account (HSA)…………………………………………………………………………….…………46
Section 71: Flexible Spending Account (FSA)………………………………………………………………………………….………46
Section 72: Public Employees Retirement Association (PERA)……………………………………………………….………46
Section 73: Social Security & Medicare……………………………………………………………………………………...…………46
Section 74: Deferred Compensation……………………………………………………………………………………………..………47
Section 75: Retirement Health Savings (RHS) Plan……………………………………………………………………..…………47
Section 76: Employee Assistance Program…………………………………………………………………………………….…..…47
Separation of Employment
Section 77: Good Standing……………………………………………………………………………………………..…..…………..……47
Section 78: Transition Process………………………………………………………………………………………………..……….……48
Section 79: Severance Compensation………………………………………………………………………………….………….…….48
Section 80: Final Payment of Earned Wages………………………………………………………………………………………….48
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Introduction
Section 1: Purpose
The purpose of this Personnel Policy (“Policy”) is to establish a uniform and equitable system of personnel
administration for employees of the City of Prior Lake (the “city”). This Policy is not intended to cover
every situation that might arise and may be amended at the sole discretion of the city. As an employee,
you are responsible for complying with this Policy. Additional information is available from the city’s
Human Resources Department. Please take advantage of those resources to assure that you are fully
aware of your rights and responsibilities as an employee of the city.
Section 2: Not an Employment Contract
Nothing in this Policy, or in other city policies which may be communicated to the employee, constitutes
a contract of employment for any city employee or modifies their at-will employment status.
Section 3: Department Work Rules
Departments may have special work rules that are necessary for the achievement of departmental
objectives. Each employee will be given a copy of such work rules by the department upon hiring and
these rules will be explained to the employee by the immediate supervisor. Department work rules must
be approved by the City Manager.
Section 4: City Manager Responsibilities
In accordance with their statutory responsibility to manage the city, the City Manager is responsible for
the maintenance and periodic revision of this Policy and will, with the assistance of their designees,
administer the city's personnel program.
Section 5: Applicability
5.1 This Policy applies to all city employees. Except where specifically noted, this Policy does not apply
to members of elected or appointed councils, boards or committees with governing bylaws, the
City Attorney, consultants and contractors, or volunteers other than on-call firefighters.
5.2 If a specific provision of this Policy conflicts with the applicable collective bargaining agreement
(“CBA”), the CBA will prevail. Union employees are encouraged to consult their CBA first for
information about their employment conditions. If the CBA is silent on a matter, this Policy shall
apply. It is the employee’s responsibility to know the terms of their CBA and this Policy. Nothing
in this Policy is intended to modify or supersede any applicable provision of state or federal law.
Many of the provisions of this Policy include a general summary of state and federal statutes and
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regulations. Such provisions are for informational purposes only and are not intended to modify
the benefits available under state or federal law.
Section 6: Definitions
For purposes of this Policy, the following terms mean:
6.1 Exempt Employee: an employee who is exempt from the minimum wage and overtime pay
requirements of the federal and Minnesota Fair Labor Standards Acts.
6.2 Non-Exempt Employee: an employee who is not exempt from the minimum wage and overtime
pay requirements of the federal and Minnesota Fair Labor Standards Acts.
6.3 Hours of Operation: the city’s regular hours of operation are Monday through Friday, 8 a.m. to
4:30 p.m., or as established by the City Manager.
6.4 Paid On-Call Position: a position occupied by a firefighter for the City of Prior Lake.
6.5 Pay Period: every two weeks, paid on alternating Fridays. There are 26 pay periods in a year.
6.6 Regular Full-Time Position: a group of duties and responsibilities as set forth in the job description
requiring the employment of a person for at least forty (40) hours per week each week throughout
the year.
6.7 Regular Part-Time Position: a group of duties and responsibilities as set forth in the job description
requiring the part-time employment of one person for at least fourteen (14) but less than forty
(40) hours per week throughout the year.
6.8 Service Credit: time worked for the city. An employee begins earning service credit on the first
day worked for the city. Some forms of leave will create a break in service for purposes of
calculating service credit.
6.9 Temporary Position: a group of duties and responsibilities requiring the temporary or seasonal
employment of an individual without regard to the number of hours worked by the individual,
and which does not exceed 185 consecutive working days. Employees in a Temporary Position do
not earn benefits or service credit.
6.10 Work Week: seven consecutive 24-hour periods. For most employees, the work week is from
Sunday through the following Saturday. With approval of the City Manager, departments may
establish a different work week based on coverage and service delivery needs.
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Employee Recruitment & Selection
Section 7: Equal Opportunity Employer and Non-Discrimination
The city is committed to providing equal opportunity in all areas of employment, including but not limited
to: recruitment, selection, hiring, promotion, transfer, demotion, lay-off, discipline, termination,
compensation, and selection for training. The city will not discriminate against or harass any employee or
job applicant because of race, sex, sexual orientation, religion, national origin, age, marital status,
disability, pregnancy, veteran or military service status, citizenship, genetic information (including family
medical history), status with regard to public assistance, or any other characteristic protected by federal,
state, or local law. The city also prohibits retaliation in any form against applicants or employees who
make complaints or raise issues concerning discrimination or harassment or engage in other protected
conduct.
Section 8: Appointments
The City Manager or designee will determine if a vacancy will be filled through an open recruitment or by
promotion, transfer, or some other method. Most position vacancies will be filled through an open
recruitment process. Position vacancies may be filled on an “acting” basis as needed. All hires will be made
according to merit and fitness related to the position being filled.
Section 9: Veteran’s Preference
In compliance with the Minnesota Veterans Preference Act, the city shall assign preference to any
qualifying veteran who applies for employment together with any required paperwork verifying military
status and who meets the minimum qualifications for the job posted Veterans are subject to the same
probationary periods as other city employees.
Section 10: Background Investigations
All finalists for employment with the city will be subject to a background check to confirm information
submitted as part of application materials and to assist in determining the candidate’s suitability for the
position. All finalists have a right to review the results of any background investigation. Except where
already defined by state law, the City Manager will determine the level of background check to be
conducted based on the position being filled and will make an individualized assessment about whether
exclusion from employment based on information obtained in the background check is job-related and
consistent with a business necessity. The collection of any personal data shall comply with the Minnesota
Government Data Practices Act and other applicable state and federal privacy laws.
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Section 11: Medical Exams
11.1 Applicants who receive a conditional offer of employment for some positions with the city may,
prior to starting employment, be required to successfully complete a physical examination by a
medical doctor and/or a psychological examination by a psychologist selected by the city to
determine whether the employee is able to perform the essential functions of the job, with or
without accommodation.
11.2 An employee may be required to undergo periodic tests to verify compliance with the provisions
of this Policy. An employee may also be required to complete a physical or psychological
examination when the city has reason to believe that the employee is unable to perform their
essential job functions because of a medical condition or that the employee will pose a direct
threat to themselves or others because of such condition. For employees in positions affecting
public safety (e.g., police officers, firefighter), the city may also require other periodic testing to
verify the employee’s ability to accomplish the responsibilities of their position.
11.3 The physician/testing lab/other assessor will notify the City Manager or designee that a candidate
either is or is not medically able to perform the essential functions of the job, with or without
accommodations, and whether the candidate passed a drug test, if applicable. If the candidate
requires accommodation to perform one or more of the essential functions of the job, the City
Manager or designee will confer with the physician or other medical professional and candidate
regarding reasonable and effective accommodations. If a candidate is rejected for employment
based on the results of the medical exam, they will be notified of this determination.
11.4 Information obtained from the medical exam will be treated as confidential medical records.
Section 12: Probationary Period
12.1 A probationary period is a set period where an employee’s performance is monitored closely to
assess capabilities and ensure the employee is a good fit for the position. Performance, skills, and
ability demonstrated during the probationary period are evaluated by the supervisor to
recommend or deny appointment to a regular position and, if applicable, pay increases. This
period also provides employees with an opportunity to learn the expectations of the supervisor.
12.2 Every person appointed to a position, including promotional positions, is required to successfully
complete a probationary period. The probationary period may be extended in certain
circumstances to enable the immediate supervisor to observe the employee's ability to perform
the duties of the position. The probationary period begins immediately upon hire and continues
for the minimum of one (1) year for all employee classifications upon successful completion of a
performance review.
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12.3 After an employee has successfully completed their probationary period as indicated by a
satisfactory performance evaluation, they will be designated as a “regular employee.” The term
"regular" is not used to define duration of employment with the city nor does it imply an
entitlement to continued employment or otherwise modify the at-will status of employment.
12.4 Each employee in their probationary period may use paid leave as it is accrued and cannot exceed
the employee’s accumulated paid leave balance. Use of accumulated paid leave shall be in
accordance with Section 63 (Paid Time Off), Section 64 (Vacation) and Section 65 (Sick Leave) of
this Policy.
12.5 An employee serving their probationary period may be disciplined at the sole discretion of the
city at any time, up to and including dismissal.
Section 13: Assigning and Scheduling Work
Assignment of work duties and scheduling work is the responsibility of an employee’s supervisor, subject
to the approval of the City Manager.
Section 14: Job Descriptions and Wage Disclosure
14.1 Job Descriptions. Assignment of job titles, establishment of minimum qualifications, and the
maintenance of job descriptions and related records is the responsibility of the City Manager or
designee.
14.2 Wage Disclosure. Minnesota law prohibits the city from requiring that employees not disclose
their wages or sign a waiver of their right to disclose their wages and from taking adverse action
against employees for discussing their own wages or the wages of other employees who have
voluntarily disclosed. Minnesota law also prevents the city from retaliating against employees
who assert these rights and allows an employee to seek reinstatement, back pay, service credit,
and expungement of employment records arising from a violation of the law.
Employee Responsibilities
Section 15: Responsibilities of City Employees
Efficient and effective delivery of municipal services requires active effort and cooperation between city
employees and the public. To reach this goal, the city has established the following rules for employee
conduct and responsibilities. Employees will:
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• Perform assigned duties and responsibilities completely, expeditiously, and to the best of
their ability and continually strive to improve their performance.
• Understand and comply with the rules and regulations set forth in this Policy and
administrative regulations and departmental rules, including Customer Standards of Service
and Ethics policies.
• Maintain good attendance.
• Report unsafe conditions and all injuries to their supervisor and file appropriate accident or
injury related reports immediately.
• Recommend ideas for improving city services or methods for achieving greater efficiency.
Section 16: Customer Standards of Service
16.1 City customers can expect to be greeted with courtesy, respect, a prompt offer of assistance, and
a can-do attitude. City customers can expect to receive equal treatment regardless of race, sex,
sexual orientation, religion, national origin, age, marital status, disability, veteran or military
service status, or other protected characteristic.
16.2 City employees will perform the following standards of service:
• Face-to-Face Communications: Customers will be greeted promptly and courteously, and
their needs will be listened to attentively and empathetically.
• Phone: When answering a customer call, employees will identify themselves and offer
assistance. Customers will be informed when transferred. Acknowledgement of voicemail
messages will be made within one business day.
• Written: Responses to letters and email will be within two business days or the next work
shift. If a response will take longer, the need and reason for the delay and intended response
time.
• Limited English Proficiency: The city will take reasonable steps to ensure that city residents,
customers, visitors, and workers with limited English proficiency have meaningful access to
the city’s programs, services, and information.
16.3 Abusive Customer Behavior. While the city has a strong commitment to customer service, the city
does not expect employees to tolerate verbal or written abuse from any customer. An employee
may request that a supervisor intervene if a customer is abusive, or the employee may use their
judgment to appropriately defuse the situation, including ending the contact.
If an employee is concerned about the possibility of physical violence, the employee should
immediately contact a supervisor or, if necessary, call 911. Employees should leave the area
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immediately when violence is imminent unless their duties require them to remain. Employees
must notify their supervisor about the incident as soon as possible.
Section 17: Political Activity
City employees have the right to express their views and to pursue legitimate involvement in the political
system. However, no city employee will directly or indirectly during hours of employment solicit or receive
funds for political purposes. Further, political activity in the workplace must be pre-approved by the City
Manager to avoid any conflict of interest or the perception of bias, such as using authority or influence to
compel another employee to apply for or become a member in a political organization or to take part in
political activity.
Section 18: Ethics Policy
18.1 Policy Statement. The city recognizes that our government is dependent upon people having trust
and confidence in their public employees. The public rightfully expects that city employees will
conduct city business in ways that benefit the public generally. Employees will not use their city
position improperly to advance personal interests. The city has pledged that the values of fair,
efficient, and transparent government will be fostered and that it will strive for integrity and
objectivity from all employees. This Policy will be liberally construed in favor of protecting the
public interest in full disclosure of conflicts of interest and promoting ethical standards of conduct.
18.2 Purpose. The purpose of this Policy is to:
• Establish standards of ethical conduct for city employees in dealing with conflicts between
personal interests, interests of the city, and interests of those who do business with the city;
• Require disclosure of private financial or other interests in matters affecting the city;
• Provide clear guidance by clarifying which acts are allowed and which are not;
• Promote public confidence in the integrity of the administration of the city’s business;
• Provide for the consideration of potential ethical problems before they arise, to minimize
unwarranted suspicion and to enhance the accountability of the city’s government to city
residents; and
• Provide for the fair and effective administration and enforcement of this Policy.
18.3 Conflict of Interest. A public employee may not use their influence, or take or fail to take any
action, or influence others to take or fail to take any action, in a manner which they know, or has
reason to believe, may result in a personal or financial benefit not shared with the public, for any
of the following persons or entities:
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1. Themselves;
2. A member of their household, including their spouse or domestic partner, their
dependents, or the employer or business of any of these people;
3. A sibling or stepsibling, child or stepchild, parent or stepparent, niece or nephew, uncle
or aunt, or grandparent or grandchild of either the employee, or of their spouse or
domestic partner, or the employer or business of any of these people;
4. A substantial debtor or creditor of theirs or of their spouse or domestic partner; and
5. A nongovernmental civic group, union, social, charitable, or religious organization of
which their (or their spouse or domestic partner) is an officer or director.
18.4 Gifts and Special Consideration. A public employee may not use their position to directly or
indirectly solicit any gift or special consideration from any person, business or organization having
a known business, administrative, legislative or financial relationship with the city for themselves
or for any relative or other individual or entity identified in Section 18.3 that could be reasonably
perceived to influence actions or decisions related to city business.
The term “gift” will be defined broadly to include, but not be exclusively limited to, money, a loan,
tangible or intangible personal property, a promise, services, travel, entertainment, hospitality,
food or beverage. “Special consideration” means any privileges, benefits, exemptions, treatment
or advantage beyond what is generally available to city residents. Nothing within this paragraph
will prohibit contributions which are solicited or received and reported in accordance with
Minnesota law.
18.5 Nepotism and Patronage. No employee may appoint, hire, supervise or be in a direct line of
supervision of any relative or individual or entity identified in Section 18.3, unless such situation
arises through the competitive bid process. No employee may promise an appointment or use
their influence to obtain an appointment to any position as a reward for any political activity or
contribution.
To avoid the potential for conflicts of interest or unfair favoritism in the workplace, personal
romantic or sexual relationships between superiors and subordinate employees are strictly
prohibited. In such cases, the city will take action, which may include a transfer or termination of
employment. An employee must disclose the existence of a personal romantic or sexual
relationship with a subordinate employee. Disclosure must be made to the employee’s supervisor
and the City Manager or designee.
18.6 Misuse of Official Position. No employee may use their position for a purpose that is, or would to
a reasonable person appear to be, primarily for the private benefit of the employee or an
individual or entity identified in Section 18.3.
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18.7 Misuse of City Property. An employee must refrain from allowing the use of any person, funds, or
property under their official control, direction, or custody, or of any city funds or property, for a
purpose which is, or to a reasonable person would appear to be, for other than a city purpose.
Nothing in this paragraph will be construed to prohibit the private use of city property which is
available on equal terms to the public generally (such as the use of library books) or the use of
city property in accordance with municipal policy for conducting official city business (such as the
use of a city vehicle).
18.8 Disclosure of Information. Unless an employee has obtained proper legal authorization, they will
not knowingly disclose, use, or allow the disclosure or use of any confidential, privileged,
proprietary or non-public information for a purpose which is not for the benefit of the city.
Nothing in this paragraph will prohibit the disclosure or use of information which is a matter of
public knowledge or which is available to the public on request.
18.9 Employment and Investment. No employee will engage in or accept private employment from, or
render services for, any private interest when such employment or service is incompatible with
the proper discharge of official duties or would tend to impair independence of judgment or
action in the performance of official duties. An employee will not invest or hold any investment,
directly or indirectly, in any financial, business, commercial or other private transaction which
creates a conflict with the duties of their position.
18.10 Recusal. An employee must refrain from acting in their official capacity in any matter before the
city if acting on the matter may personally or financially benefit that employee or any of the other
persons or entities listed in Section 18.3 or would to a reasonable person appear to impair the
individual’s independence of judgment or action in the performance of official duties.
An employee who in the discharge of official duties would be required to take an action or make
a decision that would substantially affect the employee’s financial interest or the interest of those
individuals or entities identified in Section 18.3 must advise the City Manager of the potential
conflict of interest as soon as they become aware of it. If the City Manager determines that a
potential conflict of interest exists, the employee will abstain from any participation in that action.
Potential conflicts of the City Manager will be reported to the City Attorney for a determination.
If the City Attorney determines that a potential conflict of interest exists, the City Manager will
abstain from any participation in or influence on that action. This section will not apply to any
contract awarded through the public bid process in accordance with applicable law.
18.11 Duty to Report. An employee who is aware or who has a substantial reason to believe that an
individual is in violation of this Policy is obligated to report the suspected violation to the City
Manager or designee.
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18.12 Prohibition Against Retaliation. The city, its elected or appointed officials, and employees will not
harass, attack, take or threaten to take, directly or indirectly, official or personal action, including
but not limited to termination, discipline, change of job duties, or change in salary/benefits
because an individual, in good faith, has:
• Reported a violation of this Ethics Policy;
• Filed a complaint regarding an alleged violation of any law or City of Prior Lake ordinance or
policy; or
• Requested to participate or has participated in an investigation, hearing, or inquiry related to
the alleged violation.
The city may take appropriate disciplinary action against any individual within its authority who
reports an Ethics Policy violation in bad faith.
18.13 Enforcement. Any employee who is found to have engaged in action or inaction that violates any
provision of this Ethics Policy may be disciplined, including termination from employment.
18.14 Annual Disclosure Statement. Supervisory employees (including department heads and
supervisors) as well as employees within the Finance Department will complete, sign and file an
annual disclosure statement each year or within thirty (30) days after a change in the information
contained in their most recently filed annual disclosure statement. Finalists for employment in
supervisory or finance department positions will complete a disclosure statement as part of their
application process for the position.
Employee Rights
Section 19: Respectful Workplace
19.1 Purpose. The purpose of this policy is to provide general guidelines about appropriate conduct in
the workplace. The policy further outlines a process for addressing claims of violations of this
policy. The examples of prohibited conduct outlined in this policy are intended as illustrations;
they do not contemplate all situations that might arise.
19.2 Harassment-Free Workplace. It is the city’s policy to provide a work environment that is free from
sexual or other forms of unlawful harassment. The city will not discriminate against or harass, nor
tolerate any discrimination or harassment of, any employee or job applicant because of race, sex,
sexual orientation, religion, national origin, age, marital status, disability, pregnancy, veteran or
military service status, citizenship, genetic information (including family medical history), status
with regard to public assistance, or any other characteristic protected by federal, state, or local
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law. The city also strictly prohibits retaliation in any form against applicants or employees who
make complaints, raise issues concerning discrimination or harassment, or engage in other
protected conduct. Discriminatory, harassing, and retaliatory conduct are prohibited in any form
on city property, in the conduct of city business, or outside of work if it affects the workplace. This
policy applies to all officials and employees of the city in their interactions with other officials,
employees, citizens, guests, vendors, and persons doing business with the city.
19.3 Violence-free Workplace Policy. It is the city's policy to provide a workplace that is safe and free
from violence and threatening and intimidating conduct. The city will not tolerate violence or
threats of violence in any form in the workplace, in the conduct of city business, or outside the
workplace if it affects the workplace. This policy applies to all officials and employees of the city
in their interactions with other officials or employees, citizens, guests, vendors, and persons doing
business with the city.
19.4 Applicability. Maintaining a respectful work environment is a shared responsibility. This section
applies to all city personnel, including regular and temporary employees, firefighters, City Council
members and advisory board members. Violations of this policy may result in discipline, up to and
including termination or removal.
19.5 Types of Prohibited Behavior. The following types of behaviors cause a disruption in the workplace
and are, in many instances, unlawful:
• Violent behavior: includes the use of physical force, harassment, bullying or intimidation or
any conduct or act which the City Manager or designee believes represents an imminent or
potential danger to workplace safety or security.
• Discriminatory behavior: includes inappropriate remarks about or conduct related to a
person’s race, sex, sexual orientation, religion, national origin, age, marital status, disability,
pregnancy, veteran or military service status, citizenship, genetic information (including
family medical history), status with regard to public assistance, or any other characteristic
protected by federal, state, or local law. Discriminatory behavior also includes sexual
harassment (Section 20).
• Offensive behavior: may include such actions as: rudeness, angry outbursts, inappropriate
humor, vulgar obscenities, name calling, disparaging language, or any other behavior
regarded as offensive to a reasonable person or based upon violent or discriminatory
behavior as listed above. It is not possible to anticipate in this policy every example of
offensive behavior. Accordingly, employees are encouraged to discuss with their fellow
employees and supervisor what is regarded as offensive, considering the sensibilities of
employees and the possibility of public reaction.
19.6 Names and Pronouns. Every employee will be addressed by a name and by pronouns that
correspond to the employee’s chosen gender identity.
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Section 20: Sexual Harassment
20.1 Purpose. The city is committed to creating and maintaining a work place free of harassment and
discrimination. In keeping with this commitment, the city maintains a strict policy prohibiting
unlawful harassment, including sexual harassment. This policy prohibits harassment in any form,
including verbal and physical harassment. The examples of prohibited conduct outlined in this
policy are intended as illustrations, and cannot contemplate all situations that might arise.
The city is obligated to prevent and correct unlawful harassment in a manner which does not
abridge the rights of the accused. To accomplish this, the cooperation of all employees is required.
This Policy is intended to make all employees sensitive to the matter of sexual harassment, to
express the city’s disapproval of unlawful sexual harassment, to advise employees against this
behavior, and to inform employees of their rights and obligations. The most effective way to
address any sexual harassment issue is to bring it to the attention of a supervisor or the City
Manager or designee.
20.2 Definition. Sexual harassment is defined as unwelcome sexual advances, requests for sexual
favors, sexually motivated physical contact, or other verbal or physical conduct or communication
of a sexual nature, when:
• Submitting to the conduct is made either explicitly or implicitly a term or condition of an
individual’s employment; or
• Submitting to or rejecting the conduct is used as the basis for an employment decision
affecting an individual’s employment; or
• Such conduct has the purpose or result of unreasonably interfering with an individual’s work
performance or creating an intimidating, hostile or offensive work environment.
20.3 Examples. Sexual harassment occurs in many different forms, including physical, verbal, visual, or
written. It can occur between members of the same or opposite sex. Examples include, but are not
limited to, the following:
• Unwelcome or unwanted sexual advances. This includes stalking, patting, pinching, brushing
up against, hugging, cornering, kissing, fondling or any other similar physical contact
considered unacceptable by another individual.
• Verbal or written abuse, kidding, or comments that are sexually-oriented and considered
unacceptable by another individual. This includes comments about an individual’s body or
appearance where such comments go beyond mere courtesy, telling “dirty jokes” or any other
tasteless, sexually oriented comments, innuendos or actions that offend others.
• Requests or demands for sexual favors. This includes subtle or obvious expectations,
pressures, or requests for any type of sexual favor, along with any implied or specific promise
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of favorable treatment (or negative consequence) concerning one’s current or future job in
exchange for sexual favor.
20.4 Expectations. All employees are expected to treat each other and the public with respect and to
assist in fostering an environment that is free from unwanted harassment. Violations of this policy
may result in discipline, up to and including termination. Each situation will be evaluated on a
case-by-case basis. For information about reporting suspected violations of this policy, please see
Section 21.
Section 21: Duty to Report and Investigations
21.1 Duty to Report. Any employee who feels they are subjected to prohibited violence, threatening
or intimidating behavior, or harassing, discriminatory, bullying, or offensive conduct or
comments, including sexual harassment in any form, or who believes they have witnessed such
behavior, conduct or comments, must immediately report such conduct or comments, according
to the guidelines below. All supervisors are required to immediately report any allegations to their
department head who must then inform the City Manager or designee.
21.2 How to Report. If you believe that you are being subjected to any form of discrimination or
harassment by an employee or other person you deal with at work, or have witnessed
discrimination or harassment, you should:
Step 1: Tell or notify the person whose behavior is offending you that the behavior is not wanted
and to stop. If for any reason you are not comfortable with taking this action, you can skip
this step and go immediately to Step 2.
Step 2: Immediately inform your supervisor. If you are not comfortable addressing the matter
with your immediate supervisor, or you are not satisfied with the response, please go to
your department head, City Manager or designee and report your complaint or concern.
Regardless of whether you follow Step 1, you should immediately report it as described
in this step.
Step 3: If additional incidents or problems occur, or if the person who is bothering you refuses to
stop the offending conduct, or if you witness the offending conduct continuing, you
should immediately report it in the manner set forth above.
21.3 Complaints. The city takes seriously complaints and allegations of threatening, intimidating,
violent, harassing, discriminatory, or offensive workplace behavior. Supervisors and department
heads who receive any complaint or allegation of such misconduct must report it to the City
Manager or designee as soon as possible. A supervisor or department head who receives a
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complaint must act upon the complaint even if requested otherwise by the alleged victim or
witness. In cases not related to sexual or other unlawful harassment, discriminatory behavior or
retaliation, the City Manager or designee will determine if a formal investigation is warranted. All
employees must cooperate in any investigation of such a complaint.
21.4 Investigations of Sexual or Unlawful Harassment, Discriminatory Behavior or Retaliation. Any
report or suspected incident of discrimination or harassment will be investigated promptly, fairly,
and completely in accordance with the surrounding circumstances. Any investigation that results
in a determination of a violation of the city’s policies, or a determination that an individual has
engaged in conduct which, if permitted to continue, would likely constitute a violation of the city’s
policies, will result in discipline. The city will determine the level of discipline and sanctions
appropriate to the circumstances, including but not limited to: verbal or written reprimand,
training, referral to counseling, withholding of a promotion, reassignment, reduction in
compensation, temporary suspension with or without pay, or termination.
21.5 False information. Any employee found to have made a false complaint or found to have given
knowingly false information during an investigation of such a complaint will also be subject to
discipline, up to and including termination.
21.6 Confidentiality. The investigation and actions taken to resolve complaints of discrimination or
harassment will be handled as confidentially as possible, given the City’s obligations to investigate
and act upon reports of harassment and to comply with the requirements of the Minnesota
Government Data Practices Act. Although absolute confidentiality cannot be guaranteed during
the investigatory process, confidentiality that is appropriate and practical under the
circumstances will be maintained to the extent that it does not compromise the investigation and
resolution of the complaint. All complaints and investigative materials will be contained in a file
separate from the involved employees’ personnel files. If disciplinary action does result from the
investigation, the final disposition of the disciplinary action will then become a part of the
employee personnel file.
21.7 Retaliation. Consistent with the terms of applicable federal and state statutes and this Policy, the
city may discipline any individual who retaliates against any person who reports alleged violations
of this Policy. The city may also discipline any individual who retaliates against any participant in
an investigation, proceeding or hearing relating to the report of alleged violations. Retaliation
includes, but is not limited to, any form of intimidation, reprisal, or harassment. Pending
completion of the investigation of a complaint, the City Manager may take appropriate action to
protect the alleged victim, witnesses, other employees, or citizens from retaliatory behavior.
21.8 Special Reporting Requirements. If an employee’s supervisor or department head is the subject
of a complaint, the Assistant City Manager will assume the responsibility for investigation and
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discipline. If the Assistant City Manager or City Manager is perceived to be the cause of a
complaint, a report will be made to the City Attorney who will confer with the Mayor and City
Council regarding appropriate investigation and action.
If the Mayor or a Councilmember is perceived to be the cause of a complaint involving city
personnel, the City Manager and City Attorney will undertake the necessary investigation. The
City Attorney will report their findings to the City Council, which will take the action it deems
appropriate.
Section 22: Discipline
22.1 General Policy. Supervisors are responsible for maintaining compliance with city standards of
employee conduct. City employees will be subject to disciplinary action for failure to fulfill their
duties and responsibilities at the level required, including observance of work rules, standards of
conduct, and applicable city policies. Discipline will be administered in a non-discriminatory
manner. Discipline will be based on the nature and severity of the offense or performance
deficiency and the surrounding circumstances.
22.2 Process. The city may, at its discretion, follow principles of progressive discipline. However, the
city is not required to apply progressive discipline if progressive discipline is not appropriate given
the nature of the performance or conduct issue. Any use of progressive discipline does not alter
the “at-will” employment relationship between the city and its employees.
The following are examples of the types of progressive disciplinary actions that the city may, at
its discretion, use:
• Oral Reprimand. An oral reprimand is a verbal discussion between the employee and
supervisor about the details of the offense and a plan for addressing it. Supervisors will
document oral reprimands, including date(s) and a summary of the discussion.
• Written Reprimand. A written reprimand documents the offense, a plan for addressing it, and
possible future disciplinary action if inappropriate conduct continues. The city will provide a
written reprimand to the employee and ask the employee to acknowledge receipt by
signature. Written reprimands will be stored in the employee’s personnel file.
• Suspension With or Without Pay. A suspension is an involuntary absence from work. The city
may suspend an employee with or without pay depending upon the allegations. The city will
notify the employee in writing in advance of the reason for the suspension and whether it is
with or without pay. A written notice of suspension will be placed in the employee’s personnel
file.
• Demotion, Transfer, or Reduction in Pay. To address an employee’s performance or as a form
of discipline, the city may demote or transfer an employee into a position for which they are
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qualified. In addition, the city may reduce an employee’s pay. A voluntary demotion, transfer,
or reduction in pay is not discipline.
• Discharge. The city may, at its discretion, discharge an employee as a first response to an
offense or after the employee has received any combination of progressive discipline.
22.3 Veteran’s Rights. If the disciplinary action involves the removal of a qualified veteran, the
appropriate hearing notice will be provided, and all rights will be afforded the veteran in
accordance with Minnesota law.
Section 23: Appeal Procedure
23.1 Notice. The city will provide written notice of its intent to take the following disciplinary actions:
suspensions, reductions in pay, demotions, and discharge. The notice will state the reason for the
disciplinary action.
23.2 Appeal Process. Regular full-time or part-time employees who have passed the probationary
period for the position currently occupied may appeal a suspension, reduction in pay, demotion,
or discharge according to the following procedures:
Step 1: Within seven (7) calendar days after notice of the disciplinary decision, the employee
must state in writing the reasons for contesting the disciplinary decision, the facts upon
which the appeal is based, and the remedy requested. This request must be directed to
the employee’s immediate supervisor. The supervisor will respond to the employee in
writing within seven (7) calendar days. If the supervisor does not answer an appeal within
seven (7) calendar days, the employee may elect to treat the appeal as denied as of the
date that time period ended and move to Step 2.
Step 2: If the dispute has not been settled in accordance with Step 1, the employee must state in
writing the reasons for contesting the disciplinary decision, the facts upon which the
appeal is based, and the remedy requested. This request must be directed to the City
Manager within five (5) calendar days of receipt of the response in Step 1. The City
Manager will respond to the employee in writing within five (5) calendar days, and
provide notice of further appeal rights, if applicable. Unless otherwise appealable, the
decision of the City Manager is final.
23.3 Waiver. If an appeal is not presented within the time limits set forth above, it will be considered
“waived.” The time limits set forth in Section 23.2 may be extended by agreement of the parties.
23.4 Appeal Involving Discharge. With the exception of qualified veterans, a regular full-time or part-
time employee who has passed the probationary period for the position currently occupied and
who receives notification of discharge from their supervisor shall be suspended without pay
pending their submission of an appeal.
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Section 24: Military Duty
24.1 Active Duty and Covered Training. Employees who are members of the Armed Forces of the
United States, the National Guard (when called for federal service), or the United States Public
Health Service are allowed up to five (5) cumulative years’ military leave when called to active
duty, covered training, or other covered service. Such employees shall be granted such leave
provided that the employee provides reasonable advance notice of the military service obligation.
In most cases, at least 30 days’ advance notice is considered reasonable.
24.2 Paid Military Leave. An employee authorized to receive military leave shall receive:
• fifteen (15) days paid leave of absence per calendar year. Such paid leave shall not be drawn
from any accrued paid leave the employee may already have accrued; and
• use of accrued paid leave at the employee’s request after the initial fifteen days over the term
of the covered service obligation to supplement their military pay. If the employee requests
to use accrued paid leave, such accrued paid leave shall be taken in the following order:
compensatory time accrual, personal/floating holidays, vacation leave.
24.3 Health Benefits During Military Leave. Employees engaged in covered military service may elect
to continue their health coverage. For periods of military service up to 30 days, the employee and
city shall be responsible for continuing to pay their respective portions of health insurance
benefits. For periods of active service over 30 days, employees may elect to continue health
coverage for up to 24 months at their own expense.
24.4 Return to Work Following Military Leave. Provided that the required reasonable advance notice
of leave for military service was given and the returning service member meets the other eligibility
criteria of the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”),
an employee returning from a leave for military service will:
A. For periods of military service of less than 91 days, be re-employed in the position that they
would have attained if not absent for military service, with the same seniority, status and pay,
as well as other rights and benefits determined by seniority, provided that the employee is
qualified to perform the duties of that position. The city will make reasonable efforts to help
an employee returning from a military leave become qualified to perform the duties of the
position. If, after reasonable efforts, the employee is not qualified to perform those duties,
they will be reemployed in the position in which they were employed on the date that the
military leave began.
B. For periods of military service of more than 90 days, be re-employed in either the position
that they would have attained if not absent for military service or in a like position, with the
same seniority, status and pay, as well as other rights and benefits determined by seniority,
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provided that the employee is qualified to perform the duties of that position. The city will
make reasonable efforts to help an employee returning from a military leave become
qualified to perform the duties of the position. If, after reasonable efforts, the employee is
not qualified to perform those duties, they will be re-employed in the position in which they
were employed on the date that the military service began or in a position of like seniority,
status, and pay.
24.5 Unpaid Leave. Upon reinstatement following a period of unpaid military leave, an employee shall
have the same rights with respect to seniority status, vacation and sick leave accrual rates, and
other benefits as if that employee had been actually employed during the time of such leave and
will be deemed to have accrued vacation and sick leave from the time the person enters active
military service until the date of reinstatement.
24.6 Family Members of Military Personnel. Employees are entitled to up to 10 days of unpaid leave in
the event an immediate family member, as a member of the United States armed forces, has been
injured or killed while engaged in active service. The city requires that employees use their
accumulated paid leave as part of a military family member leave, in the following order:
compensatory time, floating holiday/personal days, followed by the employee’s choice of sick and
vacation or a combination of both.
24.7 Employees are entitled to unpaid leave to attend a send-off or homecoming ceremony for an
immediate family member who is a mobilized service member. An employee may, but is not
required to, use vacation leave during such a leave.
Section 25: Jury Duty
Any employee who performs jury duty will be granted a leave of absence. Employees must notify their
supervisor as soon as possible after receiving notice to report for jury duty and are responsible for advising
their supervisor regarding their availability to report for work. Employees are expected to report to work
any day (or portion of a day over three hours) they are excused from jury duty. Upon return from jury
service, employees will be asked to submit a signed Certificate of Jury Service. Regular full-time and
regular part-time employees will receive full pay and other benefits for the time spent on jury duty if the
jury stipend is turned over to the city. Time spent on jury duty will not be counted as time worked in
computing overtime.
Section 26: Job-Related Court Appearances
Employees will be paid their regular wage to testify in court for city-related business. Any compensation
received for court appearances (e.g., subpoena fees) arising out of or in connection with city employment,
minus mileage reimbursement, must be turned over to the city.
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Section 27: Victim or Witness Leave
An employee who is a victim or witness in a criminal proceeding and who has been subpoe naed or
requested by the prosecutor to attend court to give testimony, is entitled to reasonable time off to attend
the court proceedings. In addition, an employee who is a victim of a violent crime, or whose spouse or
immediate family members is a victim of a violent crime, is entitled to reasonable time off from work to
attend court proceedings. An employee may, but is not required, to use accrued paid vacation leave during
such a leave; otherwise, the leave shall be unpaid.
Section 28: Election/Voting Leave
28.1 Election Officials. Employees who are chosen to serve as election officials at polling sites are
entitled to paid leave to serve in this capacity and shall not have their salary or wages reduced.
An employee chosen to serve as an election judge must notify their supervisor at least twenty (20)
days in advance and provide the amount of compensation expected from the appointing
authority.
28.2 Voting Leave. All employees eligible to vote in a local, state, or federal election will be allowed
paid time off to vote on Election Day for the time necessary to appear at the employee’s polling
place, cast a ballot, and return to work. Employees are required to provide appropriate notice and
work with their supervisors to avoid service delivery issues.
28.3 Committee/Convention Leave. An employee who gives at least ten (10) days written notice and is
a member or delegate of a major political party’s state central committee or executive committee
is entitled to unpaid leave to attend a qualifying meeting or convention.
Section 29: School Conference and Activities Leave
Employees with children, including foster children, in child care, pre-school or K-12 school, who have been
employed by the city for at least 12 months preceding the request are entitled to take up to a total of 16
hours of unpaid leave in a 12 month period to attend school conferences and school activities, provided
those activities cannot be scheduled outside of work hours. An employee must inform their supervisor
prior to taking leave, unless this leave is unforeseeable, in which case notice should be made as soon as
possible. Employees may be asked to provide documentation of the school event. Employees may
substitute accrued paid vacation leave for any part of the leave granted under this section.
30: Parenting Leave
30.1 Parenting Leave. Regular full-time and part-time employees who work an average number of
hours per week equal to one-half the full-time equivalent position in the employee's job
classification as defined by this Policy or practices or pursuant to the provisions of a collective
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bargaining agreement, during the 12-month period immediately preceding the leave are entitled
to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave
may not exceed 12 weeks and must begin within 12 months after the birth or adoption of the
child. In the case where the child must remain in the hospital longer than the mother, the leave
must begin within 12 months after the child leaves the hospital. Employees must provide
reasonable notice of the date the leave will begin and the estimated amount of leave.
A. Parenting Leave may also qualify under the provisions of the federal Family and Medical Leave
Act (“FMLA”) (Section 31). If the employee has any FMLA eligibility remaining at the time the
parenting leave commences, the parenting leave will also count toward the employee’s
remaining FMLA leave. The two leaves will run concurrently until eligibility for either leave
expires.
B. The city requires that the employee use all their accumulated paid leave as part of a parenting
leave, in the following order: compensatory time, floating holiday/personal days, followed by
the employee’s choice of sick and vacation or a combination of both.
C. During an unpaid parenting leave, an employee will not accrue vacation, sick, or holiday leave
or pay.
D. The employee is entitled to return to work in the same position and at the same rate of pay
the employee was receiving prior to commencement of a parenting leave. Group insurance
coverage will remain in effect for up to 12 weeks during a Parenting Leave. If FMLA leave is
exhausted, the employee shall be responsible to remit payment for the employee portion of
all insurances in advance of the due date.
30.2 Sick or Injured Child Care/Parent Leave and Safety Leave . Employees who work at least 20
hours per week and who have been employed by the city at least 12 months preceding the request
may use accrued paid sick leave for absences necessitated by illness or injury to the
employee’s child , adult child, spouse, sibling, parent, mother -in-law, father -in-law,
grandchild, grandparent, stepchild, or stepparent on the same terms that the employee may
use accrued sick leave benefits for the employee’s own illness or injury.
30.3 Safety Leave . Employees who work at least 20 hours per week and have worked for the city at
least 12 months may use accrued paid sick leave for absences related to providing or receiving
assistance because of sexual assault, domestic abuse, or stalking. An employee may also use
paid sick leave for absences related to providing assistance to a family member because of
sexual assault, domestic abuse, or stalking.
30.4 Pregnancy Accommodations . The city will provide reasonable accommodations to an
employee for health conditions related to pregnancy or childbirth. Upon request, a pregnant
employee is entitled to the following accommodations without providing a note from a
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doctor or medical professional: (1) more frequent restroom breaks or food and water breaks;
(2) seating arrangements; and (3) a limit of lifting no more than 20 pounds.
Section 31: Family Medical Leave Act
31.1 Family and/or Medical Leave. Regular part-time and regular full-time employees who have been
employed for 12 months or more and who worked at least 1,250 hours during the 12-month
period prior to requesting the leave may be granted up to twelve (12) weeks of unpaid family
and/or medical leave in a 12-month period under the provisions of the federal Family and Medical
Leave Act (FMLA). FMLA leave may be granted for the following reasons:
• the birth of the employee's child, and to care for the newborn child;
• the placement of a child with the employee for adoption or foster care;
• to care for the employee's spouse, child, or parent who has a serious health condition;
• to care for him or herself during a serious health condition which makes the employee unable
to perform the functions of his or her position;
• because of a qualifying exigency arising out of the spouse, son, daughter, or parent of the
employee who is on active duty or has been notified of an impending call or order to active
duty in the Armed Forces.
31.2 FMLA to Care for Injured Servicemember. Regular part-time and regular full-time employees who
have been employed for 12 months or more and who worked at least 1,250 hours during the 12-
month period prior to requesting the leave may be granted up to 26 weeks of unpaid injured
servicemember leave during a single 12-month period. Injured servicemember leave may be
granted for the following reasons:
• to care for the employee’s spouse, child, parent, or next of kin who is a member of the Armed
Forces (including the National Guard or Reserves) and who, as the result of serious injury or
illness or injury incurred or aggravated during military service, is undergoing medical
treatment, recuperation, or therapy, or who is otherwise in outpatient status or on the
temporary disability retired list due to that serious illness or injury.
• to care for the employee’s spouse, child, parent, or next of kin who is a veteran who, as a
result of serious injury incurred or aggravated during military service, is undergoing medical
treatment, recuperation, or therapy, and who was a member of the Armed Forces (including
the National Guard or Reserves) at any time during the 5 years preceding the date on which
the veteran undergoes that medical treatment, recuperation, or therapy.
31.3 Relationship with Parenting Leave. If requested FMLA leave also qualifies as parenting leave
(Section 27), and the employee has parenting leave eligibility remaining at the time his or her
FMLA leave commences, this leave will also count as parenting leave. The two leaves will run
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concurrently until eligibility for either leave expires.
31.4 Accrued Leave. The City requires that the employee use all their accumulated paid leave, as part
of the 12-week FMLA leave, Parenting Leave, or 26-week injured servicemember leave, in the
following order: compensatory leave, floating holiday/personal days followed by the employee’s
choice of sick and vacation or a combination of both. An employee may not go on unpaid FMLA
leave if any paid leave is available.
31.5 Unpaid Leave. If paid leave is exhausted, employees will be granted unpaid leave for the balance
of the remaining FMLA leave period. During an unpaid leave, employees will not accrue or receive
vacation, sick or holiday leave or pay. Seniority does not accrue during any period of unpaid leave
(except as allowed when the leave is also covered by workers’ compensation or is also covered as
leave for military duty). Seniority accrued prior to commencement of an unpaid leave will not be
lost.
31.6 Health Insurance. During an FMLA leave, the employee’s health insurance will continue to be paid
as if the employee were working. The city’s obligation to maintain health insurance ceases if the
employee’s premium payment is more than thirty (30) days late, provided that the city has given
the employee written notice that the payment has not been received. Such written notice must
be given at least fifteen (15) days before coverage will cease.
If the employee pays his or her share of the premium during the leave but does not return to work
after the leave, the city may require repayment of its share of the medical premium, unless the
reason the employee does not return to work is due to (1) the continuation, recurrence, or onset
of a serious health condition which would entitle the employee to FMLA leave or (2) other
circumstances beyond the employee’s control (e.g., spouse is transferred to job more than 75
miles from employee’s work site).
31.7 Medical Certification. If an employee seeks FMLA leave for his or her own serious health condition
or the health condition of a family member, the employee must submit a medical certification
from a health care provider on a form supplied by the city. In its discretion, the city may require
periodic re-certification of the medical condition or may require a second-opinion medical
certification (at the city's expense).
31.8 An employee seeking to utilize FMLA leave as a military caregiver or for a qualifying exigency may
be required to submit a certification on the form provided by the city.
31.9 Intermittent Leave or Reduced Leave Schedule. In the case of the employee’s own serious health
condition, the serious health condition of the employee’s parent, son, or daughter, or the serious
injury or illness of a covered servicemember, the employee may take leave intermittently or on a
reduced leave schedule, where medically necessary. Leave due to a qualifying exigency may also
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be taken on an intermittent or reduced leave schedule basis. The city may require an employee
who needs foreseeable intermittent leave or leave on a reduced schedule for planned medical
treatment to transfer temporarily to an alternative position, with equivalent pay and benefits, for
which the employee is qualified, and which better accommodates recurring periods of leave than
does the employee’s regular position.
31.10 Notice. If the need for leave is foreseeable, the employee must provide at least 30 days written
notice of their intention to take such leave. If 30 days’ notice is not practicable nor foreseeable,
the employee must provide notice as soon as possible.
31.11 Return to Work. The employee is entitled, at the end of a covered FMLA leave, to be restored to
the same position that they held before their leave or to an equivalent position with equivalent
pay, benefits, and other terms and conditions of employment.
Section 32: Workers’ Compensation Leave
32.1 Reporting Injury or Illness. Employees who become injured or ill because of performing work for
the city may qualify for benefits under applicable workers’ compensation laws. All accidents and
other personal injuries on the job should immediately be reported to a supervisor. Supervisors
are required to submit a completed First Report of Injury and a Supervisor’s Report of Injury to
the Assistant City Manager within 24 hours.
32.2 Paid Leave. An employee who is unable to work due to a qualifying work-related injury or illness
may choose to have the difference between workers’ compensation benefits and the employee’s
normal daily wages paid from the employee’s accrued compensation time, floating
holiday/personal days, and vacation and sick leave for the period of the disability or until the
employee’s leave is exhausted, whichever comes first. An employee may qualify for other types
of paid and/or unpaid leave as provided in this Policy.
32.3 Continued Employment. The Workers’ Compensation Act does not guarantee continuation of
employment. The city will determine the ongoing employment status of an employee on workers’
compensation leave on a case-by-case basis, according to applicable state and federal laws.
Section 33: Disability Leave and Accommodation
33.1 Reasonable Accommodation. This policy is to establish guidelines for employees requiring a
reasonable accommodation due to a qualifying disability. The City Manager or designee will
evaluate requests for reasonable accommodation on a case-by-case basis. This policy does not
guarantee an employee’s requested accommodation. The city will consider the essential functions
of the employee’s position, the employee’s specific limitations, possible reasonable
accommodations, and any undue burden resulting from a proposed accommodation.
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33.2 Notice and Certification. If an employee is unable to perform the essential requirements of their
job due to a qualifying disability, they must notify the supervisor in writing about the nature and
extent of the disability and the reason why they are unable to perform the essential functions,
duties, and requirements of the position. In some cases, the city may require such notice to be
accompanied by a physician’s report containing a diagnosis, current treatment, and any work
restrictions related to the disability. The city may require the employee to provide the expected
time frame for returning to work. Upon receipt of the written request, the supervisor should send
the request to the City Manager or designee.
33.3 Independent Medical Exam. The city may require a medical exam conducted by a physician
selected by the city to verify the diagnosis, current treatment, expected length of the disability (if
temporary), and work restrictions.
33.4 No Retaliation. The city will not retaliate against any employee for requesting an accommodation
in good faith.
Section 34: Donation of Bone Marrow
Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40 hours
unless agreed to by the city, to undergo medical procedures to donate bone marrow. The city may require
a physician’s verification of the purpose and length of the leave requested to donate bone marrow.
Section 35: Nursing Mothers
Nursing mothers will be provided reasonable unpaid break time for nursing mothers to express milk for
nursing her child for one year after the child’s birth. To the extent possible, the break time should run
concurrently with any break time already provided to the employee. The city will provide a room (other
than a bathroom) as close as possible to the employee’s work area that is shielded from view and free
from intrusion from coworkers and the public.
Section 36: Data Practices Advisory
Employee records are maintained in a location designated by the City Manager or designee. Personnel
data is retained in personnel files, finance files, and benefit/medical files. Information is used to
administer employee salary and benefit programs, process payroll, complete state and federal reports,
document employee performance, etc. Employees have the right to know what data about them is
retained, where it is kept, and how it is used. All employee data will be received, retained, and
disseminated according to the Minnesota Government Data Practices Act. The city has adopted the State
of Minnesota’s data retention schedule, which may be found on the city’s intranet site.
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Section 37: Wages and Hours
37.1 Overtime for Non-Exempt Employees. A non-exempt employee may be asked to work overtime by
his or her supervisor, and at times (such as in emergencies or when required employees are not
available on a voluntary basis) the city may require employees to work overtime. However, an
employee may not work overtime without their supervisor’s approval. Working unapproved
overtime may result in discipline. Overtime pay is subject to applicable wage and hour laws. Non-
exempt employees will receive compensation for overtime as outlined in the applicable CBA.
37.2 Compensatory Time for Non-Exempt Employees. With prior approval by the city, non-exempt
employees who work overtime may elect to receive compensatory time (“comp time”) in lieu of
the overtime pay described above. Comp time is paid time off, earned at the rate of one and one-
half hours off for each hour worked beyond forty hours in one week. Regardless of whether an
employee receives overtime pay or comp time, an employee’s supervisor must approve all
overtime worked. Unless otherwise provided in an applicable collective bargaining agreement,
comp time is subject to the following requirements:
• An employee and their supervisor must agree in advance that the overtime hours will be
recorded as comp time in lieu of overtime pay.
• Employees may request and use comp time in the same manner as other paid time off. A
supervisor may request that an employee use comp time in a manner that will minimize
disruption to the normal operations of the department.
• Comp time will not carry over into the following year; unused comp time will be paid out at
the end of the year.
37.3 Recording Time Worked. It is the responsibility of every non-exempt employee to accurately
record time worked. Federal and state law requires the city to keep accurate records of time
worked to calculate employee pay and benefits. Time worked is all the time spent on the job
performing assigned duties.
For all non-exempt employees, records must be kept in the workplace for hours worked each day.
All non-exempt employees must accurately record the time they begin and end work, as well as
the beginning and ending time of each meal period. Non-exempt employees must record the
beginning and ending time of any departure from work for personal reasons. It is the responsibility
of all non-exempt employees to sign their time records to certify the accuracy of all time recorded.
Inaccurate time records, including false claims of overtime, may result in disciplinary action.
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Organizational Policies
Section 38: Work Day
38.1 Work Hours. Regular work hours for most full-time employees are 8:00 a.m. to 4:30 p.m., Monday
through Friday. Full-time maintenance employees’ work hours are 7:00 a.m. to 3:30 p.m. Full-time
police officers’ work shifts are established by the Police Department.
38.2 Any work schedule that deviates from these hours for more than five days must be pre-approved
by the department head. Any overtime, take-home, or off-site work must be pre-approved by the
employee’s supervisor.
38.3 Breaks. The city provides a paid 15-minute break for every four hours worked and an unpaid 30-
minute meal break during an eight-hour shift for non-exempt employees. Break times are
determined by each supervisor. With the supervisor’s consent, the two 15-minute breaks may be
combined with the 30-minute unpaid meal break for a once-a-day, one-hour meal break.
38.4 Employees are not permitted to adjust work start or end times by saving or skipping breaks or
meal periods.
Section 39: Tardiness
Employees are expected to report to work promptly for their scheduled shift. If an employee anticipates
that they will be tardy, the employee must contact their supervisor as soon as possible on that work day.
Non-exempt employees will not be paid for work time missed due to tardiness but may elect to take paid
leave to cover that time. Employees who are tardy without providing appropriate notice to their
supervisor or who are tardy on an excessive basis as determined by their supervisor are subject to
discipline.
Section 40: Employee Availability
40.1 Because employees may, from time-to-time, be needed for a work-related emergency, they need
to keep their supervisor updated with a telephone number at which they can be reached outside
of normal work hours. Non-exempt employees must record all time spent working outside of
normal work hours, including during a work-related emergency.
40.2 Inclement Weather. During inclement weather, city facilities will generally remain open during
regular work hours. The City Manager will determine if city facilities should be closed. If a non-
exempt employee is unable to report to work or wishes to leave work early because of weather
conditions, the employee will not be paid for the weather-related absence, unless the employee
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elects to take paid leave time, excluding sick leave. Employee may not go on unpaid leave for
inclement weather.
Section 41: Time Sheets and Payroll Procedures
41.1 Timesheets. Employees must complete time sheets for each pay period. By completing the
timesheet, the employee declares that the recorded hours on this timesheet are true and correct
and that appropriate compensation for the reported hours is due. An employee must submit
completed timesheets to their supervisor for approval.
41.2 Prior Approval. Employees must obtain prior approval from their supervisors within a reasonable
timeframe to request time away from work. The leave request must be approved by the
employee’s supervisor and accommodate work obligations. Each department will develop an
appropriate leave request process.
41.3 Direct Deposit. Employees are encouraged to participate in direct deposit and are responsible for
notifying Finance of any change in status, including address, bank account, marital status, etc. An
employee who is paid wages by direct deposit may request payment by another method allowable
by law.
Section 42: Child Support or Spousal Maintenance
Newly-hired employees will be asked at the time of hire whether they are required by court order to pay
child support or spousal maintenance, which is required by law to be withheld from their pay. Those who
meet this requirement must supply the city with a copy of the court order so that the City may carry out
the order as directed. The city is required by state law to report all new and rehired employees to the
Minnesota Department of Human Services whether they owe child support or not.
Section 43: Anniversary Dates and Performance Evaluations
43.1 Anniversary Date. The anniversary date for all regular full-time and part-time employees is
established as the first date of employment with the city. The anniversary date is used for
calculating wages, vacation and sick leave accruals, and performance evaluations and step
increases, if applicable.
43.2 Promotions. The date on which an employee is promoted will become that employee’s new
anniversary date.
43.3 Annual Reviews. Each employee will be given a performance evaluation on an annual basis.
Performance evaluations are generally conducted by the employee’s supervisor within 10
business days of the employee’s anniversary date.
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Section 44: Leave Policy for Exempt Employees
44.1 Exempt employees are required to work the number of hours necessary to fulfill their
responsibilities and meet performance expectations, including attending evening meetings.
Exempt employees do not receive overtime pay for working over 40 hours in a work week.
44. 2 Exempt employees are required to use paid leave when on personal business or away from the
office for four or more hours on a workday. Absences of less than four hours do not require the
use of paid leave, provided it is approved by the employee’s supervisor.
44.3 Additional notification and approval requirements may be adopted by the City Manager for
specific situations as deemed necessary.
Section 45: Key Cards/Keys
On their first day of employment, employees will be given a key card to access the appropriate city
building(s) as determined by the City Manager based upon the employee’s job responsibilities. Some
employees may be provided with physical keys as well. Lost, damaged, or stolen keys/key cards must be
reported to the IT Coordinator immediately. The City Manager may monitor, change, or remove an
employee’s assigned keys/key cards at any time and for any purpose. The Prior Lake Police Chief
determines access to secured rooms in the police department. All city keys and key cards must be turned
in to the employee’s supervisor on their last day of employment with the city.
Section 46: Business Travel and Reimbursable Expenses
46.1 Mileage Reimbursement for Personal Vehicle. Employees who are authorized to use their
personal vehicle to conduct official city business will be reimbursed for mileage at the current rate
established by the Internal Revenue Service (IRS). Reimbursement is allowed only if the supervisor
has approved the use of a personal vehicle to conduct city business. Employees must complete
and submit a reimbursement form, to be signed by their supervisor and forwarded to the Finance
Department, to be eligible for reimbursement. The city will not authorize the use of motorcycles
to conduct city business due to the hazards associated with this type of vehicle.
All employees using personal vehicles to conduct approved business during their commute to or
from work will be reimbursed for mileage starting at the point of deviation from their normal
commuting route.
46.2 Expense Reimbursement. Employees may apply for reimbursement for reasonable expenses (for
example, a parking fee to attend a training) incurred by the employee while on official city
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business, with the approval of the employee’s supervisor. The city will reimburse an employee for
meals, up to $15.00 per meal with a receipt, only if the meal is necessary due to official city
business which occurs outside of Scott County or overnight. The city will pay for meals that are
part of an approved training, conference or similar event if the meal is part of the registration fee,
regardless of location. The city will not reimburse an employee for alcoholic beverages.
46.3 Travel
In-State Travel. With prior approval from the department head, an employee may travel overnight
within Minnesota for work-related training purposes. The city will reimburse an employee for
lodging only if the overnight travel is for official city business and is deemed necessary by the
employee’s supervisor.
Out-of-State Travel. The city recognizes that on occasion an employee and the city may benefit
from a work-related conference or training that is held outside of Minnesota. Provided the
employee’s departmental budget can support the request, the employee may attend an out-of-
state conference or training with advance approval from the department head and the City
Manager.
Reimbursement. Reimbursement of expenses for authorized travel requires written approval
from the employee’s supervisor. All travel reimbursement requests and approvals must be
consistent with budget authorization and city policies and in accordance with the following:
• Accommodations: The standard for approved accommodations will be the minimum single
accommodation rate available at or close to the site of the function. Accommodations at a
friend or relative’s home or other free accommodation may not be charged as an expense.
• Air Travel: For all air travel, economy class is the standard mode of travel. The city will not
reimburse for upgraded, business, first or other premium seating, nor for movies, headsets or
food/beverage or other incidental expenses purchased on the flight.
• Rental Car: When a rental vehicle is the most cost-effective means of transportation, rental
vehicles are limited to compact/standard vehicle classes. If the traveler extends the rental for
personal reasons, the weekly rate will be pro-rated and only the amount directly related to
city business will be reimbursed.
• Meals and Incidental Expenses (“M&IE”): Employees will be reimbursed for meals and
incidentals for each full day at a conference or training based upon the federal General
Services Administration (GSA) per diem rates for each location. The rates can be found on the
GSA website (www.gsa.gov) under the “M&IE” column by state. Receipts are not required for
employees seeking reimbursement under the GSA rate. Any expenses above the GSA M&IE
rate are the responsibility of the employee and will not be reimbursed by the city.
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On the first and last travel day, employees are only eligible for 75 percent of the total M&IE
rate for their travel location. The GSA website provides an M&IE breakdown page that shows
the amount for the "First and Last Day of Travel."
• Alcohol: Under no circumstances will the city pay for the purchase of alcoholic beverages for
any city employee on business travel.
• The City Manager may deny any reimbursement request that is determined to be
inappropriate or excessive.
Section 47: Use of City Vehicle
If an employee has a valid driver’s license and needs a vehicle for city business, they can request the use
of a city vehicle. City vehicles may only be used for official city business. City vehicles cannot be used
overnight unless approved by the employee’s supervisor in advance and for a legitimate business reason.
Employees assigned a city vehicle will not be reimbursed for mileage when using the vehicle. Please refer
to Appendix C for more information on the city’s Vehicle Policy.
Section 48: Injury on Duty
If an employee is injured, however slightly, because of employment activities, the injury must be reported
immediately to their supervisor. A “First Report of Injury” form must be completed, and the supervisor
must also complete a “Supervisor’s Report of Injury.” Both forms must be sent by the supervisor to the
Assistant City Manager within 24 hours.
Section 49: Smoking
All city buildings, vehicles, and offices, including public areas, are smoke-free.
Section 50: Dress Code
50.1 Purpose. Maintaining a professional, business-like appearance reflects a positive, competent and
capable workforce and demonstrates courtesy to co-workers and projects the reputation of the
organization. As such, employees are expected to dress neatly and to exercise good judgment in
selecting clothing and footwear appropriate for a business environment.
50.2 Policy. Dress should be “business casual” for all staff. At all times, clothing must be clean, neat,
and free from holes, tears, fraying or noticeable stains. Any clothing that by fit or design is sloppy,
provocative, vulgar, derogatory, or offensive is not suitable for the city work environment and,
therefore, not allowed. Employees who are provided uniforms by the city are required to wear
them during paid work time.
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50.3 Exceptions. Employees who work in building inspections, engineering, and streets/utilities/parks
maintenance who do not have city-provided uniforms may wear jeans and a city-logo shirt or
jacket when they are in the field. If such an employee is scheduled to be in the office rather than
the field, they will be expected to meet requirements of section 50.2. Regardless, employees
should make every effort to present as tidy, well-groomed, and professional.
Wearing shorts is allowed for staff who work in construction and maintenance fields during warm
weather and where safety is not an issue, and for recreation staff when working primarily in the
field. Shorts must sit at the waist and have a minimum inseam of seven inches.
50.4 Violations. Supervisors will determine if an employee’s appearance is appropriate under this
policy. If a supervisor determines that an employee’s appearance is inappropriate and in violation
of this policy, it will be brought to the employee’s attention privately. The employee may be told
to go home and change, and non-exempt employees will not be paid for the time required to do
so. Continued violations may result in disciplinary action.
Section 51: Personal Telephone Calls
Personal telephone calls during working time must be reserved for those times in which it is truly
necessary (e.g., family or medical emergency) and should be kept to a minimum. Supervisors may prohibit
employees from carrying their own personal cell phones during working time if unnecessary personal calls
interfere with the performance of their job duties. Personal calls may not interfere with city work and
must be completed as quickly as possible. Any personal long-distance call costs made on city equipment
will be paid for by the employee. Employees who abuse this policy may be subject to disciplinary action.
Personal telephone calls are permitted during paid and unpaid break times.
Section 52: Mobile Device Use
52.1 Purpose. This section is intended to define acceptable and unacceptable use of city-issued mobile
devices, such as cellular phones and PDAs. This section prevents the improper use or abuse of
such devices and ensures that city employees exercise the highest standards of propriety in their
use.
52.2 General. City-issued mobile devices are intended for the use of city employees to conduct city-
related work. Supervisors are responsible for approving the use of a city-issued mobile device. All
devices must be procured through the city’s IT coordinator.
52.3 City-Issued Mobile Devices. Employees assigned a city-issued mobile device are expected to keep
it turned on and with them during their regular work hours. Communications on city-issued
mobile devices should be limited to those necessary to perform assigned duties. The use of city-
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issued mobile devices for personal reasons is subject to the policy outlined in Section 51 (Personal
Phone Calls).
City-issued mobile devices are city property and should be treated as such. Any issue with or a
lost/stolen device should be reported to the IT coordinator immediately. Employees must return
any city-issued mobile device to their supervisor on their last day of employment.
Please refer to Appendix C (Vehicle Incident Policy) for direction on the use of mobile devices
when operating city equipment.
Section 53: No Personal Gain
Use of public resources by city employees for personal gain and/or private use including, but not limited
to, outside employment or political campaign purposes, is prohibited and subject to disciplinary action
which may include termination and/or criminal prosecution, depending on the circumstances.
Section 54: Weapons Policy
54.1 Purpose. The City of Prior Lake is committed to providing a safe and secure environment for all
employees and visitors on city property.
54.2 City employees, including those with a permit to carry a firearm, are prohibited from possessing,
carrying, or using weapons:
• During work hours while on property owned, leased, or under the control of the city;
• Within city vehicles;
• While acting in the course and scope of employment, regardless of location.
54.3 Definitions. For this policy, ‘weapon’ means:
• Any pistol, revolver, rifle, shotgun or other firearm of any nature;
• Any incendiary or explosive material, liquid, solid or mixture equipped with a fuse, wick or
other detonating device;
• Any tear gas bomb or smoke bomb;
• Any knife or switch-blade which has a blade that opens automatically by hand pressure applied
to a button, spring, or other device in the handle of the knife, or any knife having a blade that
opens or falls or is ejected into position by the force of gravity or by an outward, downward or
centrifugal movement;
• Any straight-blade knife of four inches or more known as a dagger or stiletto.
• Personal self-defense items containing mace or pepper spray are not deemed weapons under
this policy.
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For this policy, ‘possessing, carrying or using’ means:
• Storing a weapon physically on the person;
• Storing a weapon in a city vehicle (as it is defined in Section 47); or
• Storing a weapon on city property, including but not limited to a desk, locker, or other city-
provided storage space or unit.
• This policy does not prevent employees from the lawful carry or possession of firearms in a
parking facility or parking area.
54.4 Exceptions. This section of the policy does not apply to sworn police officers of the Prior Lake
Police Department or other duly-authorized law enforcement officers, as is necessary for their
work.
Section 55: Media
Formal news releases concerning municipal affairs and city business are the responsibility of the City
Manager or designee. An employee may not hold himself or herself out as a spokesperson on behalf of
the city without prior approval from the employee’s department head. Questions about city activities
should be referred to the City Manager or designee. All contacts with the media relating to an employee’s
official duties should be reported to the City Manager or designee as soon as possible.
Section 56: Outside Employment
56.1 Reporting. All employees must report outside employment to their supervisor, and supervisors
must inform the City Manager or designee to determine if a potential conflict of interest with the
city exists.
56.2 Conflict of Interest. City employees are not permitted to accept outside employment that creates
either the appearance of, or the potential for, a conflict of interest. This includes, but is not limited
to, conflicts with the development, administration, or implementation of policies, programs,
services, or any other operational aspect of the city.
56.3 Any city employee accepting employment in an outside position that is determined by the City
Manager to present the appearance of, or potential for, a conflict of interest with the city will be
required to resign from the outside employment or may be subject to discipline, including
termination.
56.4 For the purpose of this policy, outside employment refers to any non-city employment or
consulting work for which an employee receives compensation (except related to military service,
holding political office, or serving on a government board or commission).
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Work performed for others while on approved vacation or compensatory time is not a violation
of this policy unless that work creates the appearance of, or potential for, a conflict of interest.
However, no employee may work for another employer or for their own business while using paid
sick leave from the city for those same hours, nor should such outside employment conflict or
impact the employee’s regular work schedule.
The city will consider numerous factors to determine whether outside employment creates a
conflict of interest, including, but not limited to, whether:
• Outside employment interferes with an employee’s availability during the city’s regular hours
of operation or the employee’s regular work schedule;
• Outside employment interferes with the employee’s ability to fulfill the essential requirements
of his or her position;
• The employee would use city equipment, resources, or staff during outside employment;
• The employee violates any city personnel polices because of outside employment;
• The employee receives compensation from other individuals or employers for services
performed during hours in which the employee is also being compensated by the city.
Section 57: Drug and Alcohol Policy
The city’s Drug and Alcohol Policies can be found in Appendix A.
Section 58: Technology Policy
The city’s Technology Policy can be found in Appendix B.
Section 59 Driver’s License & Vehicle Accidents
Please refer to the city’s Vehicle Incident Policy in Appendix C for information on the city’s driver’s license
requirements and accident policies and procedures.
Employee Benefits
Section 60: Eligibility for Benefits
60.1 Employee benefits mentioned in this section apply to employees hired for regular full-time
positions and exclude seasonal, part-time, temporary, paid-on-call, volunteer or contract
employees, except when such groups are expressly included by the provisions in this Policy.
Regular employees who are hired for positions requiring less than full-time may be granted certain
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employee benefits outlined in this policy as determined by and at the discretion of the City
Manager. The administration of the benefits listed in this section are governed by the terms of
this Policy.
60.2 Employees represented by an exclusive bargaining unit are not eligible for benefits other than
those specified by the terms of the applicable collective bargaining agreement. The
administration of the benefits specified by the collective bargaining agreement are governed by
the terms of this Policy where the agreement is silent on such matters.
60.3 Employee benefits are offered at the city’s discretion to certain classes of employees. The city
reserves the right to change, delete, modify or revise employee benefits, eligibility requirements,
and administrative procedures at its sole discretion.
Section 61: Holidays & Personal Days
61.1 The following 11 days are official paid holidays for regular and probationary full-time city
employees:
• New Year’s Day
• Martin Luther King, Jr. Day
• Presidents Day
• Memorial Day
• Independence Day
• Labor Day
• Veterans Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Eve Day
• Christmas Day
61.2 Full-time employees will receive pay for official holidays at their normal straight time rates,
provided they are on paid status on the last scheduled day prior to the holiday and the first
scheduled day immediately after the holiday.
61.3 Holiday leave will be administered as follows:
• All city holidays will start at the beginning of the first shift on the day on which the holiday is
observed and continue for 24 consecutive hours thereafter.
• When a holiday falls on a Saturday the preceding Friday shall be observed as the holiday. When
a holiday falls on a Sunday the following Monday shall be observed as the holiday. When
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Christmas Eve falls on a Saturday or Sunday, the employee will be given an additional personal
day (section 61.4) for that year.
• Non-exempt employees represented by an exclusive bargaining unit who are required to work
on a holiday recognized by the city shall receive holiday pay in accordance with the applicable
collective bargaining agreement.
61.4 Regular full-time exempt employees will receive two, eight-hour personal days per calendar year.
Personal days must be used in the year it is received or it will be lost. The city will not pay out
unused personal days at termination, or at any time. Employees hired after June 30 will receive
one personal day for the year in which they are hired.
61.5 If Christmas Eve falls on a Saturday or Sunday, regular full-time employees will receive one
additional 8-hour personal day during the same calendar year.
61.6 Employees who wish to observe holidays other than those officially observed by the city may
request either vacation, personal, or unpaid leave for such time off.
Section 62: Paid Time Off (Part-Time Employees)
62.1 Eligibility. Part-time employees who work 20 hours or more per week are eligible for paid time off
(PTO), which combines vacation and sick leave into a single benefit program. PTO does not replace
city-observed holidays, jury duty, military leave, or any other paid leave established and required
by state or federal law.
62.2 Accrual. PTO benefits will accrue per pay period based upon hours worked at the rate of 104 hours
per year assuming a 40-hour work week, and pro-rated based upon hours worked in a pay period.
62.3 Use. PTO may be used for any reason, subject to existing request and approval procedures for
leave time.
62.4 Carry-over. Regular part-time employees may carry over accrued PTO balances equal to two times
the employee’s annual accrual. Accruals exceeding the maximum balance will be considered lost
on December 31st of each year, and the city will not pay out lost accrual under this Section at
termination or at any other time.
62.5 Administration of PTO. The following procedures will be followed in administering PTO leave:
1. Employees may not use PTO in excess of the amount they have already accrued unless
approved by the City Manager in writing;
2. Accumulated PTO cannot be transferred from one employee to another;
3. PTO will accrue during the probationary period, but is available for use during the
probationary period only if approved by the department head;
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4. PTO will not be earned by any employee during leaves of absence without pay;
5. PTO must be scheduled and used in periods of no less than one hour.
62.6 Employment Status Change to Full-time. An employee whose position transitions to full-time or
who starts a new full-time position will have their current PTO balance at the time of the
employment status change converted to vacation leave.
Section 63: Vacation (Full-Time Employees)
63.1 Eligibility and Accrual. Vacation leave benefits for regular full-time employees accrue according to
the following schedule:
• 1st through 9th year of employment: 120 hours (15 days)
• 10th through 14th year of employment: 160 hours (20 days)
• 15th year of employment and beyond: 200 hours (25 days)
At the discretion of the City Manager, employees may accrue vacation leave under the annual
schedule commensurate with the employee’s previous years of experience in a directly equivalent
position upon hire.
63.2 Carryover. Employees are eligible for a maximum accrual of one and one-half times (1 ½) their
annual accrual rate in accordance with the above accrual schedule.
63.3 Administration of Vacation Leave. The following procedures will be followed in administering
vacation leave for regular full-time employees:
1. Employees may not use annual vacation leave in excess of the amount they have already
accrued unless approved by the City Manager in writing.
2. Vacation leave must be scheduled and used by full-time, exempt employees in increments of
not less than four hours.
3. Accumulated vacation leave cannot be transferred from one employee to another.
4. Vacation leave will accrue during the probationary period but is available for use during the
probationary period only if approved by the supervisor.
5. Vacation leave will not be earned by any employee during leaves of absence without pay.
6. Each December 31, any accruals in excess of the maximums will be lost and the city will not
pay out lost accrual under this Section at termination or at any other time.
7. Supervisors will establish procedures for scheduling vacation leave requests by considering
the needs of city services and the ability of the remaining staff to perform work
responsibilities.
Section 64: Sick Leave
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64.1 Eligibility. All full-time employees, including probationary employees, shall accrue sick leave at a
rate of 8 hours per month. Sick leave may be used during the employee’s probationary period.
64.2 Administration of Sick Leave.
1. Sick leave may be used only for days when the employee would otherwise have been at work.
It cannot be used for scheduled days off.
2. Absences that are three consecutive days or more will require a doctor’s note signed by the
treating physician. The physician must verify that the employee was unable to report to work
due to an illness or medical condition. At its discretion, the city may also request a physician
statement for absences of less than three days, including but not limited to cases of suspected
abuse of sick leave.
3. The city reserves the right to have its own physician examine an employee to render an
opinion on whether the employee can return to productive work with the city. If in the city’s
sole judgement an employee is deemed to be able to resume productive work for the city,
the employee will be directed to report to an appropriate work assignment. If the employee
fails to report for work as directed, paid sick leave benefits may be terminated upon
recommendation of the City Manager or designee.
4. While receiving paid sick leave benefits under this section, an employee will continue to
accrue vacation leave and receive city contributions to benefit programs in which the
employee participates.
5. Depending upon an employee’s situation, more than one form of leave may apply during the
same period of absence. The employee is required to meet the requirements of each form of
leave separately and may not receive payment exceeding the employee’s regular rate of pay.
6. Employees may use sick leave for illness, injury, or personal medical appointments.
7. Employees may use sick leave due to the illness or injury of the employee’s child, adult child,
spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, stepchild, or
stepparent for reasonable periods of time on the same terms upon which the employee is
able to use sick leave benefits for the employee's own illness or injury.
8. Sick leave cannot be transferred from one employee to another.
64.3 Abuse of Sick Leave. Patterns indicating abuse of sick leave will be investigated, and employees
falsely claiming sick leave will be disciplined.
64.4 Supervisor Responsibility. Supervisors are responsible for reviewing sick leave requests.
Supervisors are encouraged to grant such requests, provided the employee demonstrates, to the
supervisor’s satisfaction, that the absence is in accordance with this policy. If the supervisor
suspects abuse, including but not limited to observing a pattern suggesting excessive use, the
supervisor must address the issue immediately and report the suspected abuse to Human
Resources.
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64.5 Unused Sick Leave. Regular full-time employees may accrue paid sick leave up to a maximum of
720 hours. Once a year, full-time employees who have accumulated 720 hours of sick leave will
receive payment for their sick leave days in excess of 720 hours at fifty percent (50%) their current
rate of pay.
Section 65: Funeral Leave
Regular full-time employees may be granted funeral leave of three (3) paid days, should a member of their
immediate family pass away, and an additional two (2) paid days if the family member is the employee’s
spouse, child, (including stepchild), or parent (including stepparent). Such funeral leave will not be
deducted from accumulated sick leave. For this section, “immediate family” means the employee’s
spouse, parents (including stepparents), children (including stepchildren), brothers, sisters, and
grandparents of the employee or the employee’s spouse.
Section 66: Unpaid Leave of Absence
66.1 Supervisors may authorize regular employees to be absent without pay for personal reasons, not
covered by other leave provisions, for a period not to exceed a total of 10 working days in a
calendar year. Requests more than 10 days in any calendar year must be approved in advance by
the City Manager. To request an unpaid leave of absence, the employee must state in writing in
advance of the leave the reason for the absence, the absence period and anticipated return to
work date. Requesting an unpaid leave of absence does not ensure such leave will be approved.
66.2 An employee is eligible for unpaid leave after successfully completing the one year of service
probationary period.
66.3 All forms of paid leave and compensatory time must be exhausted before an unpaid leave of
absence will be granted.
66.4 Leaves of absence will not be given for enabling an employee to work for another employer or to
engage in any form of self-employment.
66.5 Any employee who obtains a leave of absence for an improper purpose, by misrepresenting the
purpose, may be disciplined.
66.6 With the exception of FMLA leaves and military leaves of less than 31 days, while on an approved
unpaid leave of absence more than 10 consecutive days, an employee will not receive city
contributions to city-sponsored insurance(s) in which they are a member. Except for leaves of
absence to perform covered military service, unpaid leaves of absence more than 10 consecutive
days will not be considered in calculating time in active service. Employees on unpaid leaves of
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absence will not accrue benefits, including vacation leave, sick leave, personal/floating holidays,
PTO, nor receive holiday pay or any other paid leave.
66.7 None of the provisions of this section replace or supersede an employee’s right to paid or unpaid
leave under any federal and/or state leave laws.
Section 67: Leave for Fire Service
67.1 Prior Lake Fire Department. With approval from their supervisor, employees who serve as
members of the Prior Lake Fire Department may be excused from work with pay to respond to an
emergency. Employees must inform their supervisor as soon as possible when responding to an
emergency.
67.2 Non-Prior Lake Fire Departments. City employees who work for a paid-on-call volunteer fire
department that is not the Prior Lake Fire Department must seek advance approval from their
supervisor to leave work for the occasion of responding to an emergency and must use paid leave
for the time away from the office.
Section 68: Tuition Reimbursement
68.1 Full-time employees who have completed their probationary period and who wish to pursue
higher education in a job-related field may be eligible, at the sole discretion and pre-approval of
the City Manager, to receive 50% reimbursement for tuition and books when the course is
completed. To receive reimbursement the following must occur:
• Course must be approved and budgeted (through requesting employee’s department) in
advance by the employee’s department head and the City Manager.
• Proof must be provided of the job-related nature of the education course.
• A grade of “C” or higher must be attained and a copy of the transcript provided.
• Employee reimbursement form must be completed and submitted upon completion of the
course in accordance with this Policy.
This provision applies only to coursework within a master’s program or below.
68.2 If an employee voluntarily resigns their position within two years of completing courses for which
the city provided tuition reimbursement, the employee must reimburse the city for all costs paid
under the terms of this section.
68.3 Employees who are authorized to receive Veteran’s benefits for such schooling must exhaust
Veteran’s benefits prior to applying to the city for the payment of such tuition and books. The city
reserves the right to request evidence of exhaustion of Veteran’s benefits.
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68.4 Professional or technical certifications (or re-certifications) required by the city as a condition of
employment will be at the city’s sole expense.
Section 69: Insurance Benefits
All regular full-time employees are eligible to receive health, dental and life insurance benefits. All regular,
full-time employees are required to participate in at least the single coverage plan for both health and
dental benefits. The city will contribute a monthly amount toward group health, dental and life insurance.
The amount and type of coverage will be determined annually. The benefits under city-authorized
insurance programs are governed by the terms and conditions of the respective policies and
administrative procedures established by the city. Selection of health and dental benefits occurs at hire
or through the city’s annual open enrollment process. Part-time employees are eligible for only certain,
selected benefits.
Section 70: Healthcare Savings Account (HSA)
Regular full-time employees with a high deductible health plan through city benefits have access to a
Healthcare Savings Account (HSA) through payroll deduction to put aside dollars for healthcare costs. HSA
dollars can be carried over from year to year.
Section 71: Flexible Spending Account (FSA)
A flexible spending account (FSA) is available to all regular full-time and regular part-time employees and
allows an employee to set aside pre-tax income for the child care and dental/orthodontic expenses.
Eligible employees may sign up for the FSA during open enrollment (or upon the start of employment).
Any FSA funds not used by December 31 of each year are lost.
Section 72: Public Employees Retirement Association (PERA)
The city participates in the Public Employees Retirement Fund (PERA) to provide pension benefits for its
eligible employees. Eligibility, and the amount of city and employee contributions to PERA are determined
by state law. Eligible employees will have deductions made for PERA from each payroll.
Section 73: Social Security & Medicare
Every employee, except sworn police personnel and full-time fire personnel, is subject to the provisions
of the Federal Social Security Old-Age and Survivor’s Insurance Program. Contributions by the city and
deductions from employee wages will be made from each payroll as required by law.
Every employee, including sworn police personnel hired after 3/15/1986, are subject to the provisions of
the Medicare Program. Contributions by the city and deductions from employee wages will be made from
each payroll as required by law.
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Section 74: Deferred Compensation
Deferred compensation plans, which defer a portion of the employee’s income for retirement purposes,
are available to all regular full-time and regular part-time employees through payroll deductions. An
eligible employee may enroll and/or change deductions at any time.
Section 75: Retirement Health Savings (RHS) Plan
75.1 Monthly Contributions. The Retirement Health Savings (RHS) Plan is a health benefit savings
vehicle that allows regular full-time and regular part-time employees to accumulate assets to pay
for medical expenses on a tax-free basis upon termination of employment with the city.
Mandatory contributions are made by the city and the employee into the RHS through payroll
deductions.
75.2 Leave Balances. Upon separation of employment, a portion of accrued vacation and sick leave
may be deposited into the RHS, as outlined in Section 79.
Section 76: Employee Assistance Program
The City is committed to the well-being of all employees and understands that problems affecting an
employee’s mental/emotional health may affect their job performance. The city provides an employee
assistance program that allows all employees to seek short-term counseling and referral services free of
charge.
Separation of Employment
Section 77: Good Standing
To terminate employment with the city in “good standing,” employees must submit a notice of resignation
to their supervisor at least 14 days before the employee’s intended last day of work. Department heads
are required to give 30 days’ notice of resignation. Employees who terminate in good standing may receive
all accrued severance benefits up to the employee’s termination date as outlined in Section 79 (Severance
Compensation). Employees who are involuntarily terminated by the city for just cause, or who do not
provide sufficient notice as outlined herein, are not in good standing.
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Section 78: Transition Process
78.1 All terminating employees must be at work on the last day of their employment with the city.
Vacation requests longer than one week prior to the final day of employment must be approved
by the City Manager.
78.2 A permanent forwarding address should be left with the Finance Department so that W-2 forms
can be mailed at the end of the year.
78.3 A terminating employee must turn in any city equipment (e.g., mobile devices, tablets, lap tops)
and keys/key cards on the employee’s last day. Access to city buildings and the city’s computer
network will be terminated by close of business on the employee’s last day.
78.4 Under the federal law, COBRA, employees have the right to keep, at their own expense, group
health coverage for a designated time through the city, unless the employee was terminated for
gross misconduct.
78.5 Under state law, Minnesota Continuation of Coverage, public sector employees can continue
participating in city group health benefits (medical, dental, vision, and prescription drug plans), at
their own expense, until Medicare eligible.
Section 79: Severance Compensation
79.1 Eligibility. Employees who leave in good standing may be eligible for severance compensation, as
provided in this section. Employees who are terminated by the city or who do not leave in good
standing are not eligible for severance compensation, regardless of the employee’s years of
service.
79.2 Full-time employees. Regular full-time employees who leave employment with the city in good
standing will be paid out 100% of their vacation leave balance, under the terms of the Retirement
Health Savings plan. Regular full-time employees who resign employment with the city in good
standing after five (5) years of continuous service will be paid at their current base rate of pay for
50% of their unused sick leave under the terms of the Retirement Health Savings plan.
79.3 Part-time employees. Regular part-time employees who resign employment with the city in good
standing after five (5) years of continuous service will receive severance pay at the rate of 75% of
their accrued PTO under the terms of the Retirement Health Savings plan.
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79.4 Severance compensation will be paid on a check separate from the regular final payroll check.
Section 80: Final Payment of Earned Wages
80.1 Employees Involuntarily Terminated. Employees terminated by the city have the right to demand
immediate payment of any earned but unpaid wages. If a terminated employee submits a written
request for unpaid wages to the Finance Department, the city has 24 hours to submit payment,
following receipt of the written request. If the expenditure of funds for payment of the unpaid
wages requires City Council approval, the 24-hour period does not begin until the date of the first
regular or special City Council meeting following the employee’s discharge. If a terminated
employee does not demand payment of earned but unpaid wages, the city may wait until the next
regularly scheduled pay date following termination to submit payment. The terminated employee
will receive their final payment through direct deposit, unless the employee requests the wages
be sent by mail.
80.2 Voluntary Separation. Employees who resign from the city will be paid their earned but unpaid
wages on the next regularly scheduled pay date following the employee’s final day of
employment, but no later than 20 days following the employee’s final day of employment. If the
city inadvertently fails to pay the employee during this time period and the employee submits a
written demand for payment, the city will provide payment within 24 hours of receiving the
written demand. Employees will receive their final payment through direct deposit, unless the
employee requests the wages be sent by mail.
80.3 Special Extension. If the terminated employee was entrusted with the collection, disbursement
or handling of city money or property, the city has 10 calendar days after employment is
terminated before sections 80.1 and 80.2 apply. The purpose for this additional 10 days is to allow
time for the city to ensure that the city’s money and property are in order. The timelines in
sections 80.1 and 80.2 begin once the 10-day period ends.
80.4 Final Pay Procedures Upon Death of Employee. If the city owes an employee wages and severance
at the time of the employee’s death, the employee’s estate will receive what was owed the
employee at time of death. The city requires a request for these funds from the estate in writing
and requires acknowledgement of receipt of payment in writing.