(A) Equal employment opportunity.
(1) The policy and intent to the city is to provide equal employment opportunity to all persons regardless of race, color, religion, national origin, marital status and political affiliation, status with regard to public assistance, disability, sex, sexual preference or age.
(2) This policy applies to all aspects of full, part-time and seasonal employment practices including selection, promotion, transfer, compensation, benefits, layoffs and termination.
(3) Equal employment opportunity problems should be brought to the attention of the City Administrator, who will address the problem according to the procedures outlined in the city’s Equal Employment Policy/Affirmative Action Program.
(B) Personnel covered. Except as otherwise specifically provided, this policy applies to all employees of the city except the following:
(1) All elected officials;
(2) The City Attorney and health officer;
(3) Members of city boards, commissions and committees;
(4) Volunteer firefighters, ambulance crew and other volunteer personnel;
(5) Emergency employees; and
(6) Other employees not regularly employed in permanent positions.
(C) Probationary period.
(1) (a) The first 6 months of employment of a permanent employee shall be probationary. During this period, the employee will be helped to effectively adjust to the position, the employee's work will be observed and evaluated, and employees who do not meet the required standards will be removed.
(b) An employee who has completed the probationary period and who has not received, before completion of that period, a written notice from the department head that the employee's services are terminated, shall have successfully completed the probation period and attained the status of a permanent employee. The probationary period may be extended by written notice to the employee from the City Administrator or department head.
(2) Vacation and sick leave benefits shall be earned during a probationary period, but may not be used until after its completion. Probationary employees shall not be entitled to leaves of absence. If employment is terminated during a probationary period, no sick leave, vacation or other benefits are due.
(3) The requirements for a probationary period shall not be applied to veterans.
(D) Background investigations.
(1) (a) Authority to conduct. At the request of the City Administrator or designee, the Police Department shall conduct background investigations on the applicants for the following positions within the city, unless the city's hiring authority concludes that a background investigation is not needed: Finalists for regular, part-time, and volunteer city positions of employment or independent contractor status, that have:
1. Applied for liquor or gambling licenses or permits to operate an adult-only business;
2. Direct access to, or management of, public funds;
3. Substantial contact with juveniles in a setting where other adults are not always present;
4. The task of entering private property on a regular basis;
5. The applicant will have supervisory responsibilities.
(b) In conducting the criminal history background investigation, the Police Department is authorized to access data maintained in the State of Minnesota's computerized criminal history information system in accordance with state policy. Any data that is accessed and acquired must be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the computerized criminal history data may be released by the Police Department to the appointing authority and other city staff involved in the hiring process.
(2) Procedures. The City Administrator or designee may not request information about potential firefighting personnel, who are governed by different procedures under state law. The City Administrator or designee must obtain the consent of the finalists before requesting the data, but an applicant's failure to provide consent may disqualify the applicant from the prospective position. The written consent must fully comply with the provisions of state law regarding the collection, maintenance and use of the information. The city may reject an applicant for employment or volunteer position on the basis of the applicant's prior criminal conviction, only if the city complies with the provisions of M.S. Chapter 364.
(Ord. 491, passed 4-22-2003; Am. Ord. 535, passed 3-9-2010)