City Council Agenda Packet 11-24-2025AGENDA
REGULAR MEETING – MONTICELLO CITY COUNCIL
Monday, November 24, 2025 – 6:30 p.m.
Mississippi Room, Monticello Community Center
Mayor: Lloyd Hilgart
Council Members: Kip Christianson, Charlotte Gabler, Tracy Hinz, and Lee Martie
1. General Business
A. Call to Order & Pledge of Allegiance
B. Approval of Agenda – Councilmembers or the City Administrator may add items
to the agenda for discussion purposes or approval. The City Council may or may
not take official action on items added to the agenda.
C. Approval of Meeting Minutes
• Joint Meeting Minutes from November 10, 2025
• Regular Meeting Minutes from November 10, 2025
D. Citizen Comments – Individuals may address the City Council about any item not
contained on the agenda. Each speaker will be allotted three minutes with a
maximum of five speakers. The Mayor may allow for additional time and/or
speakers. The City Council generally takes no official action of items discussed,
except for referral to staff for future report.
E. Public Service Announcements/Updates
F. Department Updates
• Library Update
• Fire Department Update
• City Clerk/Animal Control Update
G. Council Liaison Updates
• Economic Development Authority (EDA)
• I-94 Coalition
• MOAA
2. Consent Agenda – All items listed on the Consent Agenda are considered standard or
may not need discussion prior to approval. These items are acted upon by one motion
unless a councilmember, the city administrator, or a citizen requests the item be
removed from consent for additional discussion.
CITY COUNCIL SPECIAL MEETING
(ACADEMY ROOM)
5:00 – 6:15 p.m. 2026 Budget Discussion including direction on funding for
Public Works Facility
A. Consideration of approving payment of bills
B. Consideration of approving new hires and departures for City departments
C. Consideration of approving the sale/disposal of surplus city property
D. Consideration of renewing a pawn broker license for 2026 for David Corbin Helm
dba Monticello Pawn, Gun and Bargain Center at 1219 South Highway 25
E. Consideration of approving updated City of Monticello Personnel Policies and
Procedures
F. Consideration of adopting Resolution 2025-71 accepting a Central Minnesota
Arts Board (CMAB) Public Art Grant in the amount of $9,000 in support of
MontiArts GlowFest 2026
G. Consideration of adopting Resolution 2025-72 accepting improvements and
authorizing final payment of $30,229.26 to Michels Underground Cable, Inc. for
Fibernet Installation within the Country Club 4th development
H. Consideration of accepting quotes and awarding contract to Burschville
Construction, Inc. for the replacement of the damaged fire hydrant at West
Bridge Park in the amount of $35,350
I. Consideration of adopting Resolution 2025-73 accepting improvements and
authorizing final payment of $1,492.50 to TreeStory Inc. for tree removal for the
Ditch 33 Improvements Project
J. Consideration of approving an amendment to the wastewater discharge permit
for Cargill Kitchen Solutions
K. Consideration of approving a Memorandum of Understanding with Wright
County for brush chipping services
2A. Consideration of items removed from the consent agenda for discussion
3. Public Hearings
4. Regular Agenda
A. Consideration of adopting Resolution 2025-74 establishing speed limits on city-
owned streets
B. Consideration of approving a contract amendment request for the Bertram
Chain of Lakes Regional Park Pickleball Courts Project for a total additional cost
of $42,130
5. Adjournment
1
MINUTES
WORKSHOP – JOINT CITY COUNCIL & PLANNING COMMISSION
November 10, 2025 – 5 p.m.
Mississippi Room, Monticello Community Center
City Councilmembers: Mayor Lloyd Hilgart, Kip Christianson, Lee Martie
Councilmembers Absent: Charlotte Gabler and Tracy Hinz
Commissioners: Chair Andrew Tapper, Melissa Robeck, Teri Lehner
Commissioners Absent: Rob Stark, Rick Kothenbeutel
Staff Present: Rachel Leonard, Angela Schumann, Steve Grittman, Matt Leonard,
Bob Ferguson, Jim Thares, Sarah Rathlisberger, Jennifer Schreiber
1. General Business
A. Call to Order
Mayor Hilgart and Chair Tapper called the joint workshop of the Monticello
Planning Commission and City Council to order at 5 p.m.
B. Review and discussion on draft amendment to City Code, Title XV, Land Usage,
Chapter 153: Zoning Ordinance to define and regulate data center and
technology campus land uses within the City
Angela Schumann, Community Development Director, gave an overview of the
framework for the proposed Zoning Ordinance related to data centers. Ms.
Schumann expressed the need for a Data Center Plan Unit Development
(DCPUD) to accommodate complex and large-scale projects. As part of the
ordinance overview, she stated the key components of the revised ordinance of
minimum performance standards, application submittal requirements, review
process, site improvement plan agreement and enforcement.
Ms. Schumann reviewed the amendments for the minimum performance
standards:
• Development Density
o Added language related to phasing and specifying what is
excluded for the calculation: Floor Area Ratio (FAR) for any
individual phase of the DCPUD shall be .25.
Council Member Christianson commented that this number should
include all taxable structures, not just the principal data center
building. Ms. Schumann noted that this could be defined further.
2
• Noise
o Revised to include: requirement for an ambient noise study;
monitoring by a third party at 1000’ spacing and DCPUD corners;
limited generator testing; and security requirement in Site
Improvement Plan Agreement.
Board members had no issue with revisions but suggested consent of
the city on the third-party service.
• Setbacks and Building Heights
o Revised to include: a table of required setbacks (setbacks are
greater for residential uses and lower for commercial or industrial
uses); and height restrictions set at 50 feet, with an additional 15
feet allowed for accessory and appurtenance structures.
Board members had discussions on smaller lots and the potential
impact that floor area ratio and setbacks may have.
• Buffering and Screening Requirements
o Revised to include: a concept landscaping plan; clarification of
landscaping requirements; clarification of screening
requirements; and clarification of buffer requirements.
There was significant discussion on buffer and screening
requirements, however, no adjustments were made.
• Utility and Infrastructure Requirements
o Revised to include: sufficient information regarding financial
capacity to support required improvements; the site
improvement plan agreement that details the timing and
securities related to infrastructure improvements was discussed;
and an addition was made for provisions for telecommunication
systems to ensure local service is not impacted during normal
operations.
Board members had no issue with revisions.
• Transportation Impact
o Revised to include: volume of commercial traffic; location of right-
of-way; proposed improvements and projected cost; and
sufficient information regarding capacity to support
improvements.
3
Board members had no issue with revisions.
• Power Consumption
o Revised to include a summary of the proposed routing plan and
required electrical infrastructure improvements and a statement
of telecommunication provider information detailing sufficient
system improvements.
Board members had no issue with revisions.
Angela Schumann then gave an overview of the development review process
revisions. This included a 60-day timeline between development stage approval
and final stage submission, with potential extensions. In addition, the revisions
required building permits to be submitted within one year of plat reporting, with
the possibility of extensions.
There was minimal discussion by board members and no changes were
recommended.
2. Adjournment
The meeting was adjourned at 6:15 p.m.
Recorder: Jennifer Schreiber __________________________________
Attest: ____________________________________
City Administrator
City Council Minutes: November 10, 2025 Page 1 | 4
MONTICELLO CITY COUNCIL
REGULAR MEETING MINUTES
Monday, November 10, 2025 – 6:30 p.m.
Mississippi Room, Monticello Community Center
Present: Lloyd Hilgart, Kip Christianson, and Lee Martie
Absent: Charlotte Gabler and Tracy Hinz
1. General Business
A. Call to Order & Pledge of Allegiance
Mayor Hilgart called the meeting to order at 6:30 p.m.
B. Approval of Agenda
Motion by Council Member Christianson to approve the agenda. Seconded by
Council Member Martie. Motion carried unanimously (3-0).
C. Approval of Meeting Minutes
• Joint Meeting Minutes from September 24, 2025
• Regular Meeting Minutes from October 27, 2025
Motion by Council Member Martie to approve the minutes. Seconded by Council
Member Christianson. Motion carried unanimously (3-0).
D. Citizen Comments
• None.
E. Public Service Announcements
• City Clerk Jennifer Schreiber noted the following public announcements:
- Veterans Day Business Hours
- Winter Coat Drive
- Hi-Way Liquors Fall Wine Sale
- Data Center Ordinance Public Question and Answer Session
F. Council Liaison Updates
• Industrial & Economic Development Committee (IEDC) – Jim Thares, Economic
Development Manager, gave an update on the meeting held November 5, 2025.
The table topic of discussion centered on a Data Cetner Planned Unit
Development Ordinance.
• Planning Commission – Council Member Christianson provided an overview of
the meeting held November 3, 2025. He noted that before the regular meeting
City Council Minutes: November 10, 2025 Page 2 | 4
the Commission held a joint meeting on the 2040 + Plan and Zoning Ordinance
related to single-family housing. Following the joint meeting, the commission
considered an update on the Monticello Industrial Alternative Urban Areawide
Review (AUAR) and set a public hearing for December 2, 2025, on an ordinance
regulating data center and technology campus land uses.
G. Department Updates
• Construction Update – Matt Leonard, Public Works Director/City Engineer, gave
an update on current construction projects.
• IT Update – Trevor Mack, IT Technician, presented the annual update for the IT
Department.
2. Consent Agenda:
Motion by Council Member Martie to approve the Consent Agenda. Motion seconded
by Council Member Christianson. Motion carried unanimously (3-0).
A. Consideration of approving the payment of bills. Action taken: Approved the bill
and purchase card registers for a total of $2,527,117.45.
B. Consideration of approving new hires and departures for City departments.
Action taken: Approved the hires for the Monticello Community Center (MCC)
and terminations for the MCC.
C. Consideration of approving the sale/disposal of surplus city property for the
Public Works Department. Action taken: Approved the sale of Public Works
surplus city property.
D. Consideration of adopting Resolution 2025-68 accepting a donation of $358 from
the Riverfest Committee for Monti Arts programming. Action taken: Adopted
Resolution 2025-68 accepting the donation.
E. Consideration of delegating the authority for payment of bills between the
regularly scheduled December 8, 2025 and January 12, 2026 City Council
meetings to the City Administrator and Finance Director on behalf of the City,
within established budgetary limits and in accordance with applicable laws and
policies. Action taken: Authority for payment of bills between December 8,
2025, and January 12, 2026, was delegated to the City Administrator and
Finance Director.
F. Consideration of adopting Resolution 2025-69 appointing Fire Department
officers. Action taken: Adopted Resolution 2025-69 appointing Fire Department
officers for 2026.
City Council Minutes: November 10, 2025 Page 3 | 4
G. Consideration of approving a Shared Maintenance Facility Memorandum of
Understanding (MOU) with Wright County at Bertram Chain of Lakes Regional
Park. Action taken: Approved the Shared Maintenance Facility MOU with
Wright County at Bertram Chain of Lakes Regional Park.
H. Consideration of approving the annual Snowplowing and Ice Removal Policy for
the 2025-2026 snow season. Action taken: Approved the annual Snowplowing
and Ice Removal Policy for the 2025-2026 snow season.
I. Consideration of amending the contract with Stonebrooke Engineering for the
Golf Course Road Trail Project for $70,000. Action taken: Approved the
amendment to the contract with Stonebrook Engineering for the Golf Course
Road Trail Project.
J. Consideration of approving the purchase of valves and actuators from Vessco
Inc., for the Wastewater Treatment Plant in the amount of $81,480.01. Action
taken: Approved the purchase of vales and actuators from Vessco Inc.
3. Public Hearing:
4. Regular Agenda:
A. Consideration of adopting Resolution 2025-70 authorizing distribution of the
draft Alternative Urban Areawide Review (AUAR) and mitigation plan for
Monticello Industrial, a 550-acre study area evaluated for industrial
development, to the Environmental Quality Board for public comment
Angela Schumann, Community Development Director, presented the item to City
Council. Ms. Schumann noted that Monticello Tech LLC has proposed a 550-acre
technology campus in the Monticello Orderly Annexation Area. Following a 2024
concept presentation, property owners petitioned for annexation, and the City
determined an Alternative Urban Areawide Review (AUAR) is required under
state environmental rules. The City, as the Responsible Government Unit,
authorized Kimley Horn to prepare the Monticello Industrial AUAR with review
by WSB.
Alison Harwood, WSB, gave an overview of an AUAR. The overview included
information on when an AUAR is required; the AUAR process; and the Monticello
Industrial AUAR.
Angela Schumann updated the City Council on how an AUAR informs
development decisions and explained the scoping document. Ms. Schumann
commented that the AUAR analyzes two development scenarios: a technology
campus of up to 3 million sq. ft. and a light industrial scenario of up to 5 million
City Council Minutes: November 10, 2025 Page 4 | 4
sq. ft., consistent with the Monticello 2040 Comprehensive Plan. It was further
explained that the draft AUAR includes detailed environmental impact analysis
and a mitigation plan and has been reviewed by City staff and presented to the
Planning Commission on November 3, 2025.
Leila Bunge, Kimley Horn, gave an overview on the mitigation plan for the
Monticello Industrial AUAR. Ms. Bunge briefly commented on other studies that
have been completed and other additional studies that may be needed.
Ms. Bunge gave a summary of the impact and mitigation for Monticello
Industrial’s AUAR. The summary included information on climate adaption, land
use, geology/soils, water resources, contamination, fish and wildlife, cultural
resources, and visual, air, noise and transportation impacts.
Angela Schumann stated that pending City Council approval, the draft AUAR will
be submitted to the Environmental Quality Board for a 30-day public comment
period, including agency review. An open house is scheduled for November 20,
2025. After incorporating comments, the final AUAR will move through a state
agency objection period before returning to the City Council for adoption in early
2026.
There was minimal discussion by Council members.
Motion by Council Member Christianson to adopt Resolution 2025-70
authorizing distribution of the draft Alternative Urban Areawide Review
(AUAR) and mitigation plan for Monticello Industrial, a 550-acre study area
evaluated for industrial development, to the Environmental Quality Board for
public comment. Council Member Martie seconded the motion. Motion carried
unanimously (3-0).
5. Adjournment
The meeting was adjourned at 7:39 p.m.
Recorder: Jennifer Schreiber __________________________________
Attest: ____________________________________
City Administrator
ANNUAL UPDATE
11/24/2025
STATISTICSSTATISTICS
262 319
367 386 389
2021 2022 2023 2024 2025
NUMBER OF FIRE CALLS
CALLS
Calls
MAJOR CALLS
2024 annual update – No Major Calls
This year has been a very different story. We have had numerous structure fires as well as
severe accidents. We spent several hours in Big Lake last weekend on a mutual aid fire.
TRAINING
•Live Burn Training
•Over 1,400 hours of
training on Monday
Nights (not including
classes)
TRUCKS
•Our fleet is in good shape. Our
next engine is set to be replaced in
2028. Current lead time on
Engines is between three and four
years.
•We have pushed out replacement
on our oldest Tender and oldest
Utility truck.
PUBLIC RELATIONS
•Fire Prevention Week at the Schools
•Golf Tournament was successful, always the first
Sunday in June
•Assist with many Riverfest activities
•Our annual open house was on the Saturday of
Riverfest.
New Hires/ Retirements
We added four new
reserves to our roster.
Nic Greer
Hayden Miller
Austin Ward
Zack Bond
Fire Fighter Tony Fair
retired after 13 Years of
service.
QUESTIONS
City Clerk
2025 Annual Update
1 City Council Support
2 City Code Management
3 Permits & Licensing
4 Data Requests
5 Records Retention & Maintenance
6 Reception/Front Desk
7 Elections Management
8 Animal Control
CITY CLERK
About the Department
ABOUT
CITY CLERK
City Council & City Code Management
ABOUT COUNCIL & CODE
Agendas
Minutes
Resolutions& Ordinances
2023 2024 2025 (to date)
Council Meetings/Minutes 41 45 55
Ordinances 25 28 28
Resolutions 113 127 70
ATV Permits
Food Truck Permits
Fowl Permits
Gambling Licenses
Liquor Licenses (Annual Renewals and Temporary)
Massage Licenses
Peddler Permits
Special Event Permits
Other
CITY CLERK
Permits & Licensing
ABOUT COUNCIL & CODE PERMITS & LICENSES
CITY CLERK
Permits
ABOUT COUNCIL & CODE PERMITS & LICENSES
2023 2024 2025
ATV (Renewal and New)42 22 31
Food Truck (Renewal & New)21 21 34
Fowl (Renewal & New)16 19 22
Peddler/Solicitor 36 169 95
Special Event Permit 14 8 24
CITY CLERK
Licenses
ABOUT COUNCIL & CODE PERMITS & LICENSES
2023 2024 2025
Gambling – Premise Permits 12 13 13
Gambling – Temporary 13 8 12
Liquor – Annual Renewal 23 24 21
Liquor – Temporary 9 15 14
Massage Enterprise 5 6 8
Massage Therapist 9 8 9
CITY CLERK
Reception/Front Desk
ABOUT COUNCIL & CODE PERMITS & LICENSES RECEPTION
•Information Desk Emails
•Compost Cards
2023 2024 2025
Inquiries 107 141 173
2023 2024 2025
Inquiries 921 293 277
•Assessment Searches
2025
Inquiries 283
CITY CLERK
Records Retention& Maintenance
ABOUT COUNCIL & CODE PERMITS & LICENSES RECEPTION DATA
•Retains City Records (Documents)
•Laserfiche Scans
2021 System
Audit 2024 2025
Folders 12,606 17,410 20,312
Documents 81,897 142,280 178,646
Pages 940,965 1,397,324 1,884,586
CITY CLERK
Data Requests
ABOUT COUNCIL & CODE PERMITS & LICENSES RECEPTION DATA
•Number of Data Requests
•Types of Requests
•Time
2023 2024 2025
Data Requests 51 33 74
CITY CLERK
Election Administration
ABOUT COUNCIL & CODE ELECTIONSPERMITS & LICENSES RECEPTION DATA
2022 2024 2025
Registered Voters 8,408 8,972 9,289
Percent Voter Turnout 61.5%87.5%34.9%
Election Judges 59 65 44
2026 Elections
•Candidate Filing – July 28 – August 11
•Primary Election – August 11, 2026
•General Election – November 3, 2026
Assists with annexation processes and filings
Serves on Cable Commission
Assist in preparation of assessment rolls and
maintain official assessment records
Policy maintenance
Oversees Animal Control
Retains and monitors certificates of liability
CITY CLERK
Other Duties
ABOUT COUNCIL & CODE OTHERELECTIONSPERMITS & LICENSES RECEPTION DATA
Questions?
2010
Monticello Public
Library
Monticello Public Library
•102,470 items checked out*
•18,568 checkout sessions*
•Region-wide digital usage:
432,297 (Libby & Hoopla)*
•96,493 active cardholders*
•8,843 minutes of internet
usage; 254 individual
sessions*
* As of 10/31/25
2010
2025 Programming
113 Programs
1683 attendees
•Summer Reading Program participants:
934
•Winter Reading Program participants:
112
•Senior Center and Community Center
collaborations: 5
•Therapy Animal visits: Stanley, Willow,
Fritzi & Desi: 33
*As of November 17, 2025
2010
STEM Saturdays
Started in September
68 participants
STEM Activities:
•LEGO building station with challenges
•Marble Run
•Light Table
•Drawing challenges
•Tangrams
•Teddy Bear STEM
•Coming soon: K’NEX building toys
2010
Craft Programs
•ProCRAFTinators
•Crafts & Creations
•Minnesota Arts and Heritage
(Legacy) Funded
Music in the Library
Guitarist Jeff Bianchi Harpists Colleen Austin and Maribel Cruz-Longley
Coming soon: Tjarnblom (12/6/25)
and Harpist Colleen Austin (12/9/25)
School Visits and
Collaborations
Swan River Eastview EL Family Night
Students from Swan River Charter School
walk over at least once a month during
the school year to use the library and
check out books.
Over 80 people showed up to celebrate
Eastview Education Center’s EL Family
night in May. Many families signed up to
get their library cards that night and
continue to use our bi-lingual resources.
Celebrating Staff
Jan Iano
Jan celebrated her 30-year
anniversary working with the
Monticello Library. She’s primarily
responsible for the lovely
decorations that Monticello Library
displays throughout the year.
We have 9 staff members working
at the library and two substitutes.
Our average number of years of
work experience is 13.2 years per
staff member!
Looking ahead to 2026!
•City of Monticello’s State of
Minnesota Capital Grant: HVAC
update, parking lot upgrade, fire
panel upgrade
•New GRRL Executive Director:
Brandi Canter
•2026-2030 Strategic Plan (BOT
approval set for 11/18/2025)
•Additional collaborations with
schools, senior center, community
center and Rally to Read.
Special thanks to:
•Citizens of Wright County – Great River Regional
Library
•City of Monticello
•Monticello Public Library Board
•Friends of the Monticello Library
•Minnesota Arts & Cultural Heritage (Legacy)
Funding
•Volunteers
•Patron Donations—Year End campaign and
Locally Growin’ fundraising events for GRRL.
2010
City Council Agenda: 11/24/2025
1
2A. Consideration of approving payment of bills
Prepared by:
Finance Director
Meeting Date:
11/24/2025
☒ Consent Agenda Item
☐ Regular Agenda Item
Reviewed by:
N/A
Approved by:
City Administrator
ACTION REQUESTED
Motion to approve the bill and purchase card registers for a total amount of $1,017,949.25.
REFERENCE AND BACKGROUND
City staff submits the attached bill registers and purchasing card registers for approval by
Council. The bill registers contain all invoices processed and the purchasing card registers
contain all card purchases made since the last Council meeting. Subject to MN Statutes, most
invoices require Council approval prior to releasing checks for payment. The day following
Council approval, payments will be released unless directed otherwise. A credit purchasing
agreement and policy was approved by Council initially and card purchases must comply with
the policy.
If Council has no questions or comments on the bill and purchase card registers, these can be
approved with the consent agenda. If requested, this item can be removed from consent and
discussed prior to making a motion for approval.
I. Budget Impact: N/A
II. Staff Workload Impact: No additional work.
III. Comprehensive Plan Impact: N/A
STAFF RECOMMENDED ACTION
City staff recommends approval of bill and purchase card registers as presented.
SUPPORTING DATA
• Bill registers and purchase card registers
Accounts Payable
User:
Printed:
julie.cheney@monticellomn.gov
11/19/2025 3:48 PM
Checks by Date - Summary by Check Date
Check No Check DateVendor NameVendor No Check Amount
1426 CITY OF MONTICELLO 11/15/2025 10,970.66ACH
2405 WELLS FARGO - Monthly Charges/Returns11/15/2025 17,103.26ACH
2438 VANCO SERVICES LLC 11/15/2025 112.84ACH
2811 US BANK CORPORATE PMT SYSTEM 11/15/2025 44,297.34ACH
3241 LINCOLN FINANCIAL GROUP 11/15/2025 3,490.67ACH
4263 CAYAN 11/15/2025 1,650.43ACH
5147 MN PEIP 11/15/2025 68,374.69ACH
6041 HEALTHEQUITY INC 11/15/2025 32.80ACH
146,032.69Total for 11/15/2025:
Report Total (8 checks): 146,032.69
Page 1AP Checks by Date - Summary by Check Date (11/19/2025 3:48 PM)
The preceding list of bills payable was reviewed and approved for payment.
Date: 11/24/25 Approved by:____________________________________
Mayor Lloyd Hilgart
Accounts Payable
User:
Printed:
julie.cheney@monticellomn.gov
11/20/2025 12:25 PM
Checks by Date - Summary by Check Date
Check No Check DateVendor NameVendor No Check Amount
1062 BEAUDRY OIL COMPANY 11/25/2025 1,512.27ACH
1065 BELLBOY CORPORATION 11/25/2025 7,032.01ACH
1091 CAMPBELL KNUTSON PA 11/25/2025 8,166.16ACH
1103 CENTRAL HYDRAULICS INC 11/25/2025 74.65ACH
1129 DAHLHEIMER BEVERAGE LLC 11/25/2025 60,122.16ACH
1153 ECM PUBLISHERS INC 11/25/2025 1,286.75ACH
1187 FORCE AMERICA DISTRIBUTING LLC 11/25/2025 398.06ACH
1206 WINEBOW INC.11/25/2025 557.00ACH
1223 HAWKINS INC 11/25/2025 50.00ACH
1273 KIWI KAI IMPORTS, INC.11/25/2025 1,608.50ACH
1303 M AMUNDSON CIGAR & CANDY CO, LLP11/25/2025 1,638.62ACH
1305 MACQUEEN EQUIPMENT LLC 11/25/2025 697.79ACH
1348 MN DEPT OF LABOR & INDUSTRY 11/25/2025 475.00ACH
1377 MONTICELLO SENIOR CENTER 11/25/2025 5,833.33ACH
1411 OLSON & SONS ELECTRIC INC 11/25/2025 23,190.00ACH
1417 OSC OXYGEN SERVICE COMPANY 11/25/2025 129.52ACH
1550 VEOLIA WATER N AM OPERATING SERV LLC VEOLIA WATER N AM OPERATIONS INC11/25/2025 72,457.64ACH
1552 VIKING COCA COLA BOTTLING CO 11/25/2025 679.05ACH
1561 WATER LABORATORIES INC 11/25/2025 270.00ACH
1572 THE WINE COMPANY 11/25/2025 1,789.30ACH
1574 DEREK WIPPER 11/25/2025 8.94ACH
1577 WRIGHT CO AUDITOR-TREAS - ACH 11/25/2025 206,847.58ACH
1684 VINOCOPIA 11/25/2025 602.02ACH
1726 MARCO TECHNOLOGIES 11/25/2025 1,673.98ACH
1801 CANNON RIVER WINERY 11/25/2025 360.00ACH
2159 NATHAN PHILLIP KROHN 11/25/2025 360.00ACH
2273 FIBERNET MONTICELLO - ACH 11/25/2025 5,691.11ACH
2890 BROTHERS FIRE & SECURITY CO 11/25/2025 385.00ACH
3829 STEVE LANGANKI 11/25/2025 2,435.70ACH
4194 JENNIFER SCHREIBER 11/25/2025 125.86ACH
4502 ARVIG 11/25/2025 53,957.56ACH
4633 PERFORMANCE FOOD GROUP INC 11/25/2025 799.97ACH
4646 CAPITOL BEVERAGE SALES L.P.11/25/2025 20,563.00ACH
4660 SAFE-FAST, INC 11/25/2025 803.60ACH
5027 ERICA WITZMANN 11/25/2025 3,750.00ACH
5201 DICK FAMILY, INC.11/25/2025 2,536.30ACH
5211 RANDI O'KEEFE KRIER 11/25/2025 2,005.21ACH
5393 OERTEL ARCHITECTS 11/25/2025 22,200.00ACH
5426 NOVEL SOLAR TWO LLC 11/25/2025 39,407.76ACH
5535 BOB FERGUSON 11/25/2025 158.90ACH
5585 SBRK FINANCE HOLDINGS INC 11/25/2025 88.00ACH
5791 WILLIAM SCHINDELE 11/25/2025 150.00ACH
5948 ADVANCED ENGINEERING & ENVIR. SVCS. LLC11/25/2025 11,403.14ACH
5998 SADIE NIELSEN 11/25/2025 700.00ACH
6251 STEPHEN W GRITTMAN 11/25/2025 7,294.00ACH
6285 NOKOMIS ENERGY LLC 11/25/2025 11,185.92ACH
6300 NOVEL SOLAR ONE LLC 11/25/2025 6,419.72ACH
Page 1AP Checks by Date - Summary by Check Date (11/20/2025 12:25 PM)
Check No Check DateVendor NameVendor No Check Amount
6301 NOVEL SOLAR FIVE LLC 11/25/2025 290.35ACH
6327 VICKI LEERHOFF 11/25/2025 60.00ACH
6672 TARA STORTS 11/25/2025 987.50ACH
6749 UNIVAR SOLUTIONS LLC 11/25/2025 7,071.07ACH
6751 ITSA HOLDINGS INC 11/25/2025 25,290.62ACH
6750 24 RESTORE 11/25/2025 130.00130874
5660 ABSOLUTE PRINT GRAPHICS 11/25/2025 2,808.91130875
6753 AM CRAFT SPIRITS 11/25/2025 564.35130876
3491 ARTISAN BEER COMPANY 11/25/2025 104.60130877
6748 COLLEEN AUSTIN 11/25/2025 125.00130878
1066 BERNATELLO'S PIZZA INC 11/25/2025 300.00130879
1067 BERNICK'S 11/25/2025 5,604.91130880
4328 BREAKTHRU BEVERAGE MN WINE & SPIRITS, LLC11/25/2025 7,048.13130881
6745 DEAN'S HOME SERVICES 11/25/2025 38.35130882
4010 MARILYN DIRKSWAGER 11/25/2025 400.00130883
1147 DOUBLE D ELECTRIC INC 11/25/2025 184.70130884
1455 DRAFT CONTROL INC 11/25/2025 56.05130885
5637 ENGLESMA CONSTRUCTION 11/25/2025 7,995.75130886
4336 FARM-RITE EQUIPMENT INC 11/25/2025 2,384.77130887
1179 FIRE SAFETY USA INC 11/25/2025 1,635.65130888
5915 GOLIATH HYDRO-VAC 11/25/2025 1,311.24130889
6375 THE HOME CITY ICE COMPANY 11/25/2025 642.85130890
1244 HORIZON COMMERCIAL POOL SUPPLY11/25/2025 373.28130891
3971 INTL UNION OF OPER ENGINEERS LOCAL 49 FRINGE BENE11/25/2025 25,040.00130892
1263 JOHNSON BROTHERS LIQUOR CO.11/25/2025 24,412.71130893
5974 JOTL PROPERTIES, LLC 11/25/2025 1,591.81130894
6613 KUTAK ROCK LLP 11/25/2025 345.00130895
5024 LANDWEHR CONSTRUCTION INC 11/25/2025 1,158.00130896
6336 MEGAN LARSON 11/25/2025 225.00130897
5057 M10 INC 11/25/2025 30,229.26130898
1306 MAIN STREET DESIGNS INC 11/25/2025 834.00130899
6428 MIDWEST NURSERY 11/25/2025 1,480.00130900
5578 MINNESOTA CONCRETE LIFTING LLC 11/25/2025 3,200.00130901
4807 MN DEPT NATURAL RESOURCES 11/25/2025 83.21130902
2068 MN DEPT OF AGRICULTURE 11/25/2025 55.00130903
1346 MN DEPT OF HEALTH 11/25/2025 1,740.00130904
5160 MOTOROLA SOLUTIONS, INC.11/25/2025 15,027.12130905
5284 MP ASPHALT MAINTENANCE LLC 11/25/2025 45,250.00130906
5406 NORTH CENTRAL BUS & EQUIPMENT, INC.11/25/2025 6,939.00130907
1412 OMANN BROTHERS INC 11/25/2025 722.70130908
1427 PHILLIPS WINE & SPIRITS CO 11/25/2025 25,916.27130909
6359 PRO TECH RESTORATION 11/25/2025 3,000.00130910
1453 RECREATION SUPPLY COMPANY 11/25/2025 260.60130911
6562 SERVPRO OF WRIGHT COUNTY 11/25/2025 1,987.25130912
6417 JASON SMALL 11/25/2025 20.00130913
3989 SMALL LOT COOP LLC 11/25/2025 276.92130914
6013 JAMES W SORENSON 11/25/2025 1,377.59130915
3309 SOUTHERN GLAZER'S WINE AND SPIRITS, LLC11/25/2025 9,494.15130916
6752 SPAETH PROPERTIES LLC 11/25/2025 1,200.00130917
6611 TREESTORY INC 11/25/2025 1,492.50130918
1544 US POSTAL SERVICE 11/25/2025 2,612.06130919
3972 VARITECH INDUSTRIES INC 11/25/2025 3,067.95130920
4849 VON HANSON'S SNACKS INC 11/25/2025 161.00130921
2041 WESTSIDE WHOLESALE TIRE & SUPPLY INC11/25/2025 1,498.74130922
1573 WINE MERCHANTS INC 11/25/2025 3,670.87130923
1581 WRIGHT CO RECORDER 11/25/2025 138.00130924
1589 ZIEGLER INC 11/25/2025 2,120.69130925
Page 2AP Checks by Date - Summary by Check Date (11/20/2025 12:25 PM)
Check No Check DateVendor NameVendor No Check Amount
871,916.56Total for 11/25/2025:
Report Total (104 checks): 871,916.56
Page 3AP Checks by Date - Summary by Check Date (11/20/2025 12:25 PM)
The preceding list of bills payable was reviewed and approved for payment.
Date: 11/24/25 Approved by:____________________________________
Mayor Lloyd Hilgart
City Council Agenda: 11/24/2025
1
2B. Consideration of approving new hires and departures for City departments
Prepared by:
Human Resources Manager
Meeting Date:
11/24/2025
☒ Consent Agenda Item
☐ Regular Agenda Item
Reviewed by:
N/A
Approved by:
City Administrator
ACTION REQUESTED
Motion to approve new hires and departures for city departments.
REFERENCE AND BACKGROUND
The Council is asked to ratify the attached list of new hires and departures for the City. This
listing includes full-time, part-time, seasonal, and temporary employees. The listing may also
include status changes and promotions.
I. Budget Impact: Positions are generally included in the budget.
II. Staff Workload Impact: If new position, there may be some training involved. If
terminated position, existing staff will cover hours as needed, until replacement.
III. Comprehensive Plan Impact: N/A
STAFF RECOMMENDED ACTION
City staff recommends approval of new hires and departures as identified on the attached list.
SUPPORTING DATA
• List of new hires and terminated employees.
Name Title Department Hire Date Class
Henry Hanson Lifeguard MCC 11/12/2025 PT
Avery Rossing Climbing Wall MCC 11/26/2025 PT
Name Reason Department Effective Date Class
Andrew Lange Voluntary MCC 8/22/2025 PT
Josh Miller Voluntary Parks 8/29/2025 Seasonal
Kay Schroden Voluntary Parks 10/27/2025 Seasonal
Leo Schroden Voluntary Parks 10/30/2025 Seasonal
Dan Elstad Voluntary Parks 10/31/2025 Seasonal
Terry Sickels Voluntary Parks 10/31/2025 Seasonal
William Schindele Voluntary Parks 10/31/2025 Seasonal
Frank Holmes Voluntary Parks 10/31/2025 Seasonal
Brent Stauffer Voluntary Parks 10/31/2025 Seasonal
Bo Bremer Voluntary Parks 10/31/2025 Seasonal
William Howe Voluntary Parks 10/31/2025 Seasonal
Tommy Moores Voluntary Streets 10/31/2025 Seasonal
NEW EMPLOYEES
TERMINATING EMPLOYEES
City Council Agenda: 11/24/2025
1
2C. Consideration of approving the sale or disposal of surplus City property
Prepared by:
N/A
Meeting Date:
11/24/2025
☒ Consent Agenda Item
☐ Regular Agenda Item
Reviewed by:
N/A
Approved by:
N/A
There is no report this City Council Cycle.
Council Agenda: 11/24/2025
1
2D. Consideration of renewing a pawn broker license for 2026 for David Corbin Helm dba
Monticello Pawn, Gun and Bargain Center at 1219 South Highway 25
Prepared by:
City Clerk
Meeting Date:
11/24/2025
☒ Consent Agenda Item
☐ Regular Agenda Item
Reviewed by:
N/A
Approved by:
City Administrator
ACTION REQUESTED
Motion to renew the pawn broker license for 2026 for David Corbin Helm dba Monticello Pawn,
Gun and Bargain Center contingent on compliance with their Conditional Use Permit and
verification by the Wright County Sheriff’s Department.
REFERENCE AND BACKGROUND
David Corbin, Monticello Pawn, Gun and Bargain Center, 1219 South Highway 25, has applied
for renewal of a pawn broker license for the 2026 licensing year. Mr. Corbin was first granted a
license in December 2015. Staff received the completed renewal application and fee.
City code requires verification from the Wright County Sheriff’s Department for any issues
related to the business that might affect license renewal. Staff are not aware of any such
concerns and have forwarded the application to the Sheriff’s office for review and signature.
Following Council approval and receipt of the Sheriff’s signature, the City will issue a physical
license to Monticello Pawn. In accordance with state law, the license must be displayed
prominently within the business.
I. Budget Impact: N/A
II. Staff Workload Impact: Minimal
III. Comprehensive Plan Impact: N/A
STAFF RECOMMENDED ACTION
City staff recommends renewal of the pawn broker license contingent on compliance with
Conditional Use Permit and signature from the Wright County Sheriff’s Office.
SUPPORTING DATA
• Application
City Council Agenda: 11/24/2025
1
2E. Consideration of approving updated City of Monticello Personnel Policies and
Procedures.
Prepared by:
Human Resources Manager
Meeting Date:
11/24/2025
☐ Regular Agenda Item
☒ Consent Agenda Item
Reviewed by:
Finance Director
Approved by:
City Administrator
ACTION REQUESTED
Motion to approve updated City of Monticello Personnel Policies and Procedures.
REFERENCE AND BACKGROUND
The Personnel Policies and Procedures are updated periodically to reflect new or amended legal
requirements, to modify policy details, and for administrative updates. While smaller updates
are made by staff as needed and allowed, the last major review and update by Council was in
2023.
The most notable changes staff are recommending include:
• NEW-Minnesota Paid Leave (MNPL) Policy
• NEW- Computer Use Policy: Created a new umbrella policy that incorporates current
email/internet use policies with general use, security, training, and artificial intelligence
(AI) policies.
• Updated Travel Policy: Updated reimbursement for meals to match the U.S. General
Services Administration (GSA) per diem schedule.
Administrative Updates:
• Meal Breaks and Rest Periods: Legally required update allowing the option of a 30-
minute unpaid meal break or 20-minute paid break for employees working more
than six (6) hours but less than eight (8) hours.
• Paid Time Off (PTO): Updated policy language to coordinate with the new MNPL
program and increased the limit of PTO usage for probationary employees from 40
hours to 48 hours to coordinate with Earned Sick and Safe Time (ESST).
• Family and Medical Leave (FMLA): Updated policy language to coordinate with the
new MNPL program.
• Earned Sick and Safe Time (ESST): Updated policy language to coordinate with the
new MNPL program and other miscellaneous updates required by law.
City Council Agenda: 11/24/2025
2
• Regular Leave Without Pay: Updated policy language to coordinate with the new
MNPL program.
• Pregnancy and Parenting Leave: Updated policy language to coordinate with the
new MNPL program.
• Reasonable Accommodations to an Employee for Health conditions Relating to
Pregnancy: Updated policy language to reflect legal changes.
I. Budget Impact: Monticello’s Personnel Policies and Procedures cover a wide variety of
instances and circumstances. The total budget impact is undeterminable. However, the
new Minnesota Paid Leave (MNPL) employer premium is anticipated to increase
personnel costs by approximately $23,000 in 2026.
Fund
New Paid
Leave
Premium
Elimination of
Current Weekly
Benefit Total Impact
General $15,800 ($4,000) $11,800
Community Center $4,900 ($900) $4,000
Water $1,500 ($300) $1,200
Sewer $1,300 ($300) $1,000
Stormwater $500 ($100) $400
Liquor $3,400 ($1,500) $1,900
Deputy Registrar $2,400 ($900) $1,500
Facilities Maintenance $900 ($400) $500
IT Services $400 ($200) $200
Economic Development Authority $800 ($300) $500
Total $31,900 ($8,900) $23,000
II. Staff Workload Impact: The Human Resources Manager will be responsible for updating
associated departmental handbooks, communicating updates, and collecting
acceptance signatures from all employees.
III. Comprehensive Plan Impact: N/A
STAFF RECOMMENDED ACTION
Staff recommend approving the updated City of Monticello Personnel Policies and Procedures.
The recommendations are consistent with model policies and legally required updates
recommended by the League of MN Cities.
SUPPORTING DATA
• Proposed Personnel Policies and Procedures
a
City
CITY OF MONTICELLO
Employee Handbook
Personnel Policies and Procedures: Adopted 11-27-2023
Revised 11-2025
1
Contents
Update History .............................................................................................................................................. 5
1.0 Purpose and Scope ............................................................................................................................ 5
2.0 Equal Employment Opportunity Policy Statement ........................................................................... 6
3.0 Confidentiality/Data Practices .......................................................................................................... 6
4.0 Media Requests .............................................................................................................................. 11
5.0 Social Networking Policy ................................................................................................................. 13
6.0 Personnel Committee ..................................................................................................................... 14
7.0 Citywide Work Rules & Code of Conduct ........................................................................................ 14
Code of Ethics ......................................................................................................................................... 14
Conduct as a City Employee .................................................................................................................... 15
Organizational Values ............................................................................................................................. 15
Employee Responsibilities ...................................................................................................................... 16
Appearance ............................................................................................................................................. 16
Falsification of Records ........................................................................................................................... 16
Attendance and Absence ........................................................................................................................ 16
Access to and Use of City Property ......................................................................................................... 17
Conflict of Interest .................................................................................................................................. 18
Acceptance of Gifts ................................................................................................................................. 18
Political Activity ....................................................................................................................................... 18
Smoking ................................................................................................................................................... 18
Drug-Free, Cannabis-Free and Alcohol-Free Workplace ........................................................................ 19
Outside Employment .............................................................................................................................. 19
8.0 Definitions ....................................................................................................................................... 19
9.0 Employee Recruitment and Selection ............................................................................................. 21
Features of the Recruitment System ...................................................................................................... 21
Testing and Examinations ....................................................................................................................... 22
Selection Process .................................................................................................................................... 23
Background Checks ................................................................................................................................. 23
2
Employment of Family Members ............................................................................................................ 23
Probationary Periods .............................................................................................................................. 23
Employee On-Boarding ........................................................................................................................... 24
Promotions .............................................................................................................................................. 24
Change from Part-Time to Full-Time Status............................................................................................ 24
Rehires .................................................................................................................................................... 24
10.0 Compensation and Time Reporting ................................................................................................ 25
Pay Schedules.......................................................................................................................................... 25
Non-Exempt (Overtime- Eligible) Employees ......................................................................................... 25
Exempt (Non-Overtime Eligible) Employees ........................................................................................... 25
Time Reporting ........................................................................................................................................ 26
Direct Deposit ......................................................................................................................................... 27
Overtime Hours ....................................................................................................................................... 27
Compensatory Time ................................................................................................................................ 28
Wage Disclosure Protection Law ............................................................................................................ 28
11.0 Hours of Work ................................................................................................................................. 29
Work Schedules ...................................................................................................................................... 29
Reasonable Work Time for Nursing Mothers ......................................................................................... 30
Emergency Closings ................................................................................................................................ 30
Adverse Weather Conditions .................................................................................................................. 30
Alternative Work Arrangements ............................................................................................................. 30
12.0 Performance Meetings and Reviews .............................................................................................. 32
13.0 Organization .................................................................................................................................... 33
Job Descriptions ...................................................................................................................................... 33
Classification of Job Duties ..................................................................................................................... 33
Reclassification ........................................................................................................................................ 34
Reductions to Workforce ........................................................................................................................ 34
Layoffs ..................................................................................................................................................... 34
14.0 Employee Benefits .......................................................................................................................... 35
Health, Dental, Life and Disability Insurance .......................................................................................... 35
Retirement- PERA ................................................................................................................................... 35
Tuition Reimbursement .......................................................................................................................... 35
Employee Discounts (Community Center and More) ............................................................................. 36
3
Holidays ................................................................................................................................................... 36
15.0 Leaves of Absences ......................................................................................................................... 37
Paid Time Off (PTO) ................................................................................................................................. 37
Earned Sick and Safe Time (ESST) ........................................................................................................... 40
Bereavement Leave ................................................................................................................................ 45
Minnesota Paid Leave- Effective 1/1/26 ................................................................................................. 46
Family and Medical Leave ....................................................................................................................... 50
FMLA- Qualified Exigency and Military Caregiver Leave ........................................................................ 55
Minnesota Pregnancy and Parenting Leave ........................................................................................... 58
Military Leave .......................................................................................................................................... 58
Military Leave for Family Members ........................................................................................................ 59
Military Leave for Family Member Injured or Killed in Active Service .................................................... 59
Civil Air Patrol .......................................................................................................................................... 60
Jury Duty ................................................................................................................................................. 60
Court Appearances ................................................................................................................................. 60
Victim or Witness Leave .......................................................................................................................... 60
Job Related Injury or Illness .................................................................................................................... 61
School Conference Leave ........................................................................................................................ 61
Bone Marrow/Organ Donation Leave..................................................................................................... 61
Adoptive Parents ..................................................................................................................................... 61
Athletic Leave of Absence ....................................................................................................................... 62
Elections/Voting ...................................................................................................................................... 62
Leave for Service in an Elective Office .................................................................................................... 62
Delegates to Party Conventions .............................................................................................................. 63
Regular Leave Without Pay ..................................................................................................................... 63
Administrative Leave .............................................................................................................................. 64
Light Duty/Modified Duty Assignments .................................................................................................. 64
Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy ............... 65
Impact of Leaves of Absence on Health Coverage and other Benefits ................................................... 65
16.0 Discipline ......................................................................................................................................... 65
17.0 Grievance Procedure....................................................................................................................... 68
18.0 Respectful Workplace Policy ........................................................................................................... 70
19.0 Public Purpose Expenditure Policy .................................................................................................. 75
4
20.0 Employee Education and Training .................................................................................................. 78
General Guidelines .................................................................................................................................. 78
National and Regional Training ............................................................................................................... 79
Training Sessions Within Minnesota ....................................................................................................... 79
Payment or Reimbursement for Training ............................................................................................... 80
Memberships and Dues .......................................................................................................................... 80
21.0 Travel Policy .................................................................................................................................... 80
Payment of Travel Expenses ................................................................................................................... 80
Milage Reimbursement ........................................................................................................................... 81
Out of State Travel .................................................................................................................................. 81
Meals ....................................................................................................................................................... 81
Lodging .................................................................................................................................................... 82
Miscellaneous Expenses ......................................................................................................................... 82
Non-Reimbursable Expenses .................................................................................................................. 82
Reimbursement Process ......................................................................................................................... 83
22.0 Computer Use Policy ....................................................................................................................... 83
23.0 City Driving Policy ............................................................................................................................ 90
Phone Usage While Driving ..................................................................................................................... 90
Driving Records ....................................................................................................................................... 90
Loss of License or Restricted License ...................................................................................................... 90
Use of Municipal Vehicles ....................................................................................................................... 92
24.0 Policy Prohibiting Employee Possession of Firearms ...................................................................... 93
25.0 City Cell Phone Stipend ................................................................................................................... 93
26.0 Resignations .................................................................................................................................... 95
Notice Required to be in Good Standing ................................................................................................ 95
Advance Resignation Notice Program .................................................................................................... 95
Employee Retirement Recognition ......................................................................................................... 97
27.0 Severance Pay ................................................................................................................................. 97
28.0 Safety .............................................................................................................................................. 97
Safety Equipment/Gear .......................................................................................................................... 97
Reporting Accidents and Illnesses .......................................................................................................... 98
Unsafe Behavior ...................................................................................................................................... 98
Access to Gender-Segregated Activities and Areas ................................................................................ 98
5
29.0 Security Cameras ............................................................................................................................ 98
30.0 DOT Drug and Alcohol Policy ........................................................................................................ 100
APPENDIX I ................................................................................................................................................ 122
APPENDIX II ............................................................................................................................................... 126
Update History
The Personnel Policies and Procedures Policies in this handbook have been updated as follows:
November 2023
New ESST policy, Payout of compensatory time, Legal and administrative policy updates
July 2024
Update to ESST, Legal and Administrative policy updates
November 2025
New MN Paid Leave policy, Legal and Administrative policy updates 1.0 Purpose and Scope
This handbook sets forth general information and policies of the City. Its purpose is to establish
administrative guidelines and general rules of conduct. These policies apply to all employees
including union personnel except where otherwise noted, or where a collective bargaining
agreement is controlling of the city.
Except where specifically noted, these policies do not apply to:
1. Elected officials.
2. Members of city boards, commissions, and committees
3. Consultants and contractors
4. Volunteers
It is the purpose of these policies to establish a uniform and equitable system of personnel
administration for employees of the City of Monticello. The provisions do not establish terms
and shall not be construed as contractual provisions. They are not intended to be all-inclusive,
or to cover every situation that may arise. If employees have any questions relating to the
contents of this manual, they should be directed to their supervisor or the Human Resource
Manager.
These policies may be amended at any time at the sole discretion of the City, and they will
supersede all previous personnel policies. Revisions and amendments shall become effective
upon approval by the City Administrator and/or City Council. Significant changes will normally
be brought before the City Council for concurrence as soon as practical.
6
If any part of these manual conflicts with federal, state, or local laws, such laws shall prevail.
Collective bargaining agreement provisions shall be taken into consideration in the
administration of these policies.
These policies serve as an information guide to help employees become better informed and to
make their experience with the city more rewarding. Departments may have special work rules
deemed necessary by the supervisor and approved by the City Administrator for the
achievement of objectives of that department. Each employee will be given a copy of such work
rules by the department upon hiring and such rules will be further explained and discussed with
the employee by the immediate supervisor. 2.0 Equal Employment Opportunity Policy Statement
The City of Monticello is committed to providing equal opportunity in all areas of employment,
including but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay-
off, disciplinary action, termination, compensation, and selection for training. The City of
Monticello will not discriminate against any employee or job applicant on the basis of race
(including traits associated with race, including but not limited to, hair texture and hair styles
such as braids, locs and twists), color, creed, religion, national origin, ancestry, sex, sexual
orientation, gender identity, or gender expression, disability, age, marital status, genetic
information, status with regards to public assistance, veteran status, familial status, or
membership on a local human rights commission or lawful participation in the MN Medical
Cannabis Patient Registry.
It is the responsibility of management to ensure implementation of this policy. Any employee
who fails to perform in a manner consistent with the policy will be disciplined. The City
Administrator and Human Resource Manager are responsible for overseeing the administration
of this policy. 3.0 Confidentiality/Data Practices
Employee Data Practices Advisory
During employment, the City of Monticello will require employees to provide data that is
classified by State law as either private or confidential. Private data is information that
generally cannot be given to the public but can be given to the subject of the data. Confidential
data is information that generally cannot be given to the public or the subject of the data.
The city requests this information for various reasons pertaining to employment with the city.
The information provided may be used to process pay and benefits, evaluate performance,
determine pay increases, evaluate suitability for an employee's position or other positions, and
determine whether disciplinary action will be imposed and other personnel actions which
involve review of the employee's current and past performance.
7
Employees who provide false, incomplete, or misleading information may be subject to
discipline, up to and including termination of employment.
Other persons or entities, as authorized by law, may receive the requested information.
Depending on the data requested, these persons or entities may be:
1. Employees and/or officials of the city who have a need to know the information in the
course of their duties and responsibilities.
2. The person who is the subject of private data about him or herself.
3. Persons who have permission from the subject of the data.
4. Insurance companies providing group benefits or worker's compensation administrative
services for the city.
5. A public pension program.
6. The Minnesota Department of Economic Security in a claim for or appeal for re-
employment benefits.
7. Individuals who have obtained a court order for the information.
8. Participants in any litigation, mediation, veteran's preference hearing, grievance
arbitration, or other administrative proceeding which results from actions taken.
If litigation arises, the information may be provided in documents filed with the court, which
are available to any member of the public. If it is reasonably necessary to discuss this
information at a City Council meeting, it will be available to members of the public.
To the extent that some or all the information is part of the basis for a final decision on
disciplinary action, that information will, over time, become available to any member of the
public.
Any requests for references about current and former employees should be referred to human
resources or their designee for response.
Types of Data
Public Data
Data about a person that must be shown to the person if he/she wishes, and which are
available to other people.
Private Data
Data about a person that must be shown to the person upon request but are not available to
others without his/her permission or as otherwise specifically authorized by law.
8
Personnel Data
Data on individuals collected because the individual is or was an employee, an applicant for
employment, performs service on a voluntary basis, acts as an independent contractor with the
city or is a member of an advisory board, committee, or commission.
Summary data
Data about a person used to develop statistics or reports are considered public information, if
they do not identify the person in any way.
Public Personnel Data
Except for certain employees (i.e., undercover law enforcement personnel) the following
personnel data is public:
1. Name.
2. Gross salary.
3. Salary range.
4. Gross pension.
5. Contract fee.
6. Benefits.
7. Expense reimbursements.
8. Job title.
9. Job description.
10. Education and training background.
11. Previous work experience.
12. Dates of employment (first and last).
13. Status of complaints-disciplinary action.
14. Work location.
15. Work telephone number.
16. Badge number.
17. City and county of residence.
Personnel Data on Applicants for Employment
The following personnel data are considered public data:
1. Veteran status.
2. Test scores.
3. Rank and eligibility.
4. Job history.
5. Education and training.
6. Work availability.
7. Name when certified as eligible for an appointment to a vacancy and considered as one
of the “finalists.”
9
Private Personnel Data
The following personnel data and information are considered private data on individuals and
are not accessible to the public, but this data is accessible to the subject employee, the
employee’s authorized representative, the immediate supervisor and department head, and
other city staff persons or officials who have a legitimate need to view/know such data as
determined by the city administrator or his/her designee.
1. Social security number.
2. Age and gender.
3. Marital and family status.
4. Employee home address and telephone number.
5. Criminal record.
6. Race and ethnic data.
7. Insurance status.
8. References.
9. College transcripts.
10. Reference check data.
11. Medical records.
12. Psychological evaluations.
13. Worker’s compensation reports.
14. Physical limitations related to the job.
15. Sick leave forms – doctor’s reports.
16. Data collected from disciplinary proceedings prior to a hearing.
17. Opinion questionnaire response by potential employee.
18. Names of applicants for employment until certified as finalists for appointment to a
vacancy.
19. Employee assistance programs and exit interview responses.
No employee may disclose the home address, telephone number, or personal information
about another employee to any third party without prior consent of the affected employee, as
per section on "Informed Consent."
Employment selection instruments and/or answer keys to such instruments are protected non-
public data, except pursuant to a valid court order.
Access to Data
Public Data
Access shall be provided to any person, without regard to the nature of the person's interest.
Access must be provided by the Human Resources Manager or other persons authorized by the
City Administrator. Access must be provided within a reasonable time.
10
Interpretation shall be provided if requested. A fee may be charged reflecting mailing and
duplicating costs and other costs as allowed under the Minnesota Data Practices Act.
Private Data
Access is available to the following only:
1. The subject of the data.
2. Individuals whose work assignments with the city reasonably require access.
3. Entities and agencies determined by the City Administrator to be authorized by statute
or Federal Law to gain access to that specific data.
4. Entities or individuals given access by the express written direction of the subject.
The City Administrator is designated as the “responsible authority” under the Data Practices Act
and shall assure that access is provided only to the parties listed above. Data Compliance
Officers include the City Clerk and the Human Resource Manager. The identity and authority of
an individual who seeks to gain access to private data must be confirmed. The time that access
is available is limited to the normal working hours of the City Hall offices. No fees shall be
charged in the instances where the data subject only wishes to view private data. Fees may be
charged for providing copies.
General Contents of Personnel Files
The following information shall routinely be included in an employee’s personnel file:
1. Data collected for administrative purposes such as job applications, resumes, change of
address requests, training or education records, veteran’s certification, etc. (Documents
containing medical information are retained in a separate medical file).
2. Documentation of personnel actions or activities such as salary changes, job
classifications, performance reviews, termination notices, disciplinary actions.
3. Official written correspondence to or from an employee.
4. Documentation of employment status and benefit status.
Employees will not be specifically notified each time such data are routinely entered into their
file, except that employee shall be made aware of data entered into their file that relates to
discipline or may have adverse impact on them.
Employees may make a written request once every 6 months to view and receive copies of
information in their file and may challenge any information they disagree with.
Personnel files will be maintained by the Human Resource Department. Any documents added
or removed from the files must be approved by the Human Resource Manager.
11
Informed Consent
Private data on individuals may be used by and given to any individual or persons by the City
Administrator or their designee if the individual subject or subjects of the data have given their
informed consent.
All informed consents:
1. Shall be in writing and state in plain language.
2. Shall be signed and dated.
3. Shall specifically designate the particular persons or agencies the data subject has
authorized to disclose information about him or her.
4. Shall specifically state the nature of the information he/she has authorized to be
disclosed.
5. Shall specifically state the persons or entities that he/she has authorized to receive the
disclosed information.
6. Shall specifically list an expiration date not to exceed one year except in the case of
authorization for application for life insurance or non-cancelable or guaranteed
renewable health insurance (which shall be two years).
7. Shall specifically state the purpose for which the information may be used by the
parties' names above.
If the Human Resources Manager or their designee makes reasonable efforts to obtain the
informed consent of a data subject and if those efforts are not acknowledged in any way, the
Human Resources Manager or their designee shall interpret the silence of the data subject as
the giving of implied consent to the new or different purpose or use of the data.
“Reasonable efforts” are defined as:
1. Depositing in the U.S. Mail, postage pre-paid, and directed to the last known address of
the data subject, at least two (2) communications requesting informed consent.
2. Waiting for a period of not less than sixty (60) days for a response to the second
request. 4.0 Media Requests
All City employees have a responsibility to help communicate accurate and timely information
to the public in a professional manner. Requests for private data or information outside of the
scope of an individual’s job duties should be routed to the appropriate department or to the
data practices authority.
Any employee who identifies a mistake in reporting should bring the error to the City
Administrator or other appropriate staff. Regardless of whether the communication is in the
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employee’s official city role or in a personal capacity, employees must comply with all laws
related to trademark, copyright, software use, etc.
Except for routine events and basic information readily available to the public, all requests for
interviews or information from the media are to be routed through the City Administrator. No
city employee is authorized to speak on behalf of the city without prior authorization from the
city administrator or his/her designee. Media requests include anything intended to be
published or viewable to others in some form such as television, radio, newspapers,
newsletters, social media postings, and websites. When responding to media requests,
employees should follow these steps:
1. If the request is for routine or public information (such as a meeting time or agenda),
provide the information and notify the City Administrator of the request.
2. If the request is regarding information about city personnel, potential litigation,
controversial issues, an opinion on a city matter, or if an employee is unsure if the
request is a “routine” question, forward the request to the City Administrator. An
appropriate response would be, “I’m sorry, I don’t have the full information regarding
that issue. Let me take some basic information and submit your request to the
appropriate person, who will get back to you as soon as he/she can.” Then ask the
media representative’s name, questions, deadline, and contact information.
All news releases concerning city personnel will be the responsibility of the City Administrator.
When/if the City Administrator authorizes a staff person to communicate on behalf of the city
in interviews, publications, news releases, on social media sites, and related communications,
employees must:
1. Identify themselves as representing the city. Account names on social media sites must
be clearly connected to the city and approved by the City Administrator.
2. Be respectful, professional, and truthful when providing information. In most cases, only
factual information (not opinions or editorial comments) should be provided: “The city
finished street cleaning on 16 streets in the northwest corner of the city this past week”
instead of “The city is doing a great job with street cleaning this year!” Corrections must
be issued when needed.
3. Generally, not include personal opinions in official city statements. One exception is
communications related to promoting a city service. For example, an employee could
post the following on the city’s Facebook page: “My family visited Hill Park this weekend
and really enjoyed the new band shelter.” Employees who have been approved to use
social media sites on behalf of the city should seek assistance from the city
administrator on this topic.
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4. Notify the City Administrator if they will be using their personal technology (cell phones,
home computer, cameras, etc.) for city business. Employees should be aware that data
transmitted or stored may be subject to the Minnesota Government Data Practices Act. 5.0 Social Networking Policy
General
The City of Monticello strives to provide the public accurate and timely information,
communicated in a professional manner, and in accordance with the laws regarding public
information and data practices.
This policy is intended to describe appropriate uses of City maintained social media sites and
also provide guidelines for employees who maintain personal sites or blogs.
City Maintained Sites
See Appendix I for guidelines and rules applying to City maintained sites.
Personal Communications and Use of Social Media
It is important for employees to remember that the personal communications of employees
may reflect on the city, especially if employees are commenting on city business. The following
guidelines apply to personal usage of social media such as Facebook, Twitter, blogs, YouTube,
etc.
1. Remember that what you write is public and will be so for a long time. It may also be
spread to large audiences. It is a good idea to refrain from sending or posting
information that you would not want your boss or other employees to read.
2. The City of Monticello expects its employees to be truthful, courteous, and respectful
towards supervisors, co-workers, citizens, customers, and other persons associated with
the city. Do not engage in name-calling or personal attacks.
3. If you publish something related to city business, identify yourself and use a disclaimer
such as, “I am an employee of the City of Monticello. However, these are my own
opinions and do not represent those of the City of Monticello.”
4. City resources, working time or official city positions cannot be used for personal profit
or business interests, or to participate in personal political activity.
5. Personal social media account names or email names should not be tied to the city.
6. Distribution of confidential City information is prohibited.
Employees are cautioned that they should have no expectation of privacy while using the
Internet. Your postings can be reviewed by anyone, including the city. The city reserves the
right to monitor comments or discussions involving city business or staff. The city requests and
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strongly urges employees to report any violations or possible or perceived violations to
supervisors or human resources.
The city will investigate and respond to all reports of violations of the social networking policy
and other related policies. Violation of the city’s social networking policy will result in
disciplinary action up to and including termination.
Nothing in this policy is intended to interfere with an employee’s rights under Section 7 of the
National Labor Relations Act. 6.0 Personnel Committee
The City of Monticello’s Personnel Committee is composed of the Mayor, one (1) council
member, the City Administrator, Finance Director, and Human Resources Manager. The
Committee meets on a regular basis to review issues and recommend policies and courses of
action related to various topics concerning City of Monticello employees. The committee works
within guidelines approved by the City Council. 7.0 Citywide Work Rules & Code of Conduct
Code of Ethics
The City of Monticello conducts its business fairly, impartially, in an ethical and proper manner,
and in compliance with all laws and regulations.
1. The City of Monticello is committed to conducting its business with integrity underlying
all relationships, including those with citizens, customers, suppliers, and among
employees. The highest standards of ethical business conduct are required of City
employees in the performance of their responsibilities. Employees will not engage in
conduct or activity that may raise questions as to the City’s honesty, impartiality or
reputation or otherwise cause embarrassment to the City. Employees will avoid any
action, whether specifically prohibited in the personnel policies, which might result in or
be expected to create an appearance of:
• Using public office or public position for private gain.
• Giving preferential treatment to any person or entity.
• Losing impartiality.
• Adversely affecting the confidence of the public in the integrity of the City.
2. Every employee has the responsibility to ask questions, seek guidance, report suspected
violations and express concerns regarding compliance with this policy. Retaliation
against employees who use these reporting mechanisms to raise genuine concerns will
not be tolerated.
3. The City Administrator and Human Resources Manager are jointly responsible for
providing policy guidance and issuing procedures to assist employees in complying with
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City expectations of ethical business conduct and uncompromising values. This policy
constitutes the standard of ethical business conduct required of all employees.
Managers are responsible for supporting their implementation and monitoring
compliance.
Conduct as a City Employee
All staff members are representatives of the City of Monticello and as such, are expected to
conduct themselves in a professional manner. All employees, regardless of position are role
models for the people we serve. Therefore, each employee must be able to demonstrate
appropriate daily behavior, appropriate expression of emotions as well as appropriate role
modeling. Hostility, aggression and unnecessary or inappropriate physical actions and/or
emotional expressions are not acceptable. All employees are expected to treat others with
respect and dignity and avoid inappropriate behavior which includes, but is not limited to,
acting in a manner that negatively impacts the workplace morale, service, or productivity.
Overall, employees should exhibit conduct that is ethical, professional, responsive, and
representative of the values of the organization.
Organizational Values
Leadership: We are all leaders. Leadership is not a position; it’s a work ethic. We lead
by example, seeking ways to improve the organization through
teamwork, collaboration, and communication.
Stewardship: We are entrusted with public resources for the betterment of the entire
city. We strive to balance minimal cost and high value to maximize public
benefit from our actions and decision.
Responsiveness: We believe in providing timely, courteous, and respectful service to the
public and each other. We live this every day by listening, responding,
and going the extra mile.
Integrity: We are open and honest. We conduct ourselves in a transparent, ethical,
and legal manner to earn the trust of employees and the public. We act
in the best interest of the city. We build credibility by accepting feedback,
owning our actions, and providing reliable follow-through.
Community: We strive to strengthen, promote, and assist the community we serve.
We create a sense of connection and belonging for all people. We seek to
understand the diverse needs of our community. We encourage
community engagement and opportunities to connect our residents,
businesses, and visitors.
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Employee Responsibilities
In accepting City employment, employees shall:
1. Always perform their assigned duties to the best of their ability and continually strive to
improve their performance.
2. Render prompt and courteous service to the public always.
3. Read, understand, and comply with the rules and regulations set forth in these
Personnel Policies as well as those of their department.
4. Conduct themselves professionally toward both residents and staff and respond to
inquiries and information requests with patience and every courtesy.
5. Report any and all unsafe conditions to their immediate supervisor.
6. Maintain good attendance as it is an essential requirement of every city position.
Appearance
Departments may establish dress codes for employees as part of departmental rules. Overall,
personal appearance should be appropriate to the nature of the work and contacts with other
people and should instill confidence and present a positive image to the public. Clothing,
jewelry, or other items that could present a safety hazard are not acceptable in the workplace.
In some departments, certain positions may require City uniforms.
Employees may dress in accordance with their gender identity, within the constraints of the
dress codes adopted by the city. City staff shall not enforce the city’s dress code more strictly
against transgender and gender diverse employees than other employees.
City Issued Clothing and Uniforms
City issued clothing and uniforms containing the city logo should only be worn while
representing the City of Monticello and should not be worn outside of the workday.
All uniforms remain the property of the City of Monticello during your employment and are
expected to be returned in a reasonable state upon termination of your employment.
Falsification of Records
Any employee who makes false statements or commits, or attempts to commit fraud to
prevent the impartial application of these policies, will be subject to immediate disciplinary
action up to and including termination and potential criminal prosecution.
Attendance and Absence
The operations and standards of service in the City of Monticello require that employees be at
work unless valid reasons warrant absence, or an employee has a position that has been
approved to work remotely. In order that teams to function efficiently and effectively,
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employees must understand the goals that have been set for them and the time required to be
on the job. Therefore, attendance at work is an essential requirement of every city position.
Absence Procedure.
Employees who are absent from work are required to notify their supervisor as soon as possible
in advance of their absence. In event of an unexpected absence, employees should call their
supervisor before the scheduled starting time and keep in mind the following procedures:
1. If the supervisor is not available at the time, the employee should leave a message with
their direct supervisor, or his/her designee, including a telephone number where he/she
can be reached or contact any other individual as may be designated by the supervisor.
Departments may establish more specific reporting procedures.
2. Failure to use the established reporting process will be grounds for disciplinary action.
3. The employee must call the supervisor on each day of an absence extending beyond one
(1) day unless specific arrangements otherwise have been made with the supervisor.
4. Employees who are absent for three (3) days or more and who do not report their
absence in accordance with the policy above, will be considered to have voluntarily
resigned not in good standing.
5. Supervisors may request documentation to substantiate the reason for absence,
regardless of duration, when an employee has a history of questionable or excessive absences.
This policy does not preclude the city for administering discipline for unexcused absences of
less than three (3) days.
Access to and Use of City Property
1. Any employee who has authorized possession of keys, tools, pagers, or other equipment
must register their name and the serial number (if applicable) or other identifying
information about the equipment with their supervisor.
2. All assigned city property must be turned in and accounted for by any employee who
terminates employment with the city.
3. Every employee shall be responsible for the safekeeping and care of all such equipment.
All expenses incurred by the loss of such equipment shall be borne by the employee
unless such loss was unpreventable.
4. The duplication of keys owned by the city is prohibited unless authorized by the city
administrator or their designee. Any employee found to have an unauthorized duplicate
key will be subject to disciplinary action.
5. Employees shall not use or access another employee’s office, computer, desk, email,
voicemail, or in- or out-boxes without authorization. Department heads and supervisors
are presumed to have authorization for their own staff. The City Administrator has
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authorization for all staff and can authorize individuals for a specific business-related
purpose.
6. City property shall be disposed of in a manner compliant with Minn. Stat. §15.054. No
property should be given to or salvaged by employees. Property disposed of in city trash
receptacles is considered city property until hauled away.
Conflict of Interest
City employees are to remove themselves from situations in which they would have to take
action or make a decision where that action or decision would be perceived or actual conflict of
interest or could result in a personal benefit for themselves, or a family member. If an
employee has any question about whether such a conflict exists, he/she should consult with the
City Administrator.
Acceptance of Gifts
City employees are prohibited from directly or indirectly receiving or agreeing to receive any
payment of expense, compensation, gift, reward, gratuity, favor, service or promise of future
employment or other future benefit from any source with the following exceptions as
permitted by law:
1. Lawful campaign contributions.
2. Services to assist an employee in the performance of official duties.
3. Services of insignificant monetary value.
4. A plaque or similar memento.
5. A trinket or memento costing $5 or less.
6. Informational material of unexceptional value.
7. Food or a beverage given at a reception, meal or meeting away from the recipient’s
place of work by an organization before whom the recipient appears to make a speech
or answer questions as part of a program.
Political Activity
Although City employees have the right to express their views and to pursue legitimate
involvement in the political system, no employee of the City shall directly or indirectly, during
hours of employment, solicit or receive funds for political purposes. Further, any political
activity in the workplace must be pre-approved by the City Administrator to avoid any conflict
of interest or perception of bias such as using authority or political influence to compel another
employee to apply for or become a member in a political organization.
Smoking
The City of Monticello observes and supports the Minnesota Clean Indoor Air Act. All city
buildings and vehicles, in their entirety, shall be designated as tobacco free, meaning that
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smoking in any form (through the use of tobacco products such as pipes, cigars, and cigarettes)
or “vaping” with e-cigarettes is prohibited while in a city facility or vehicle.
Smoking of any kind, including pipes, cigars, cigarettes, vaping with e-cigarettes, and the use of
chewing tobacco, is prohibited for employees while on duty. Employees 18 and over are
allowed to smoke only during their breaks and lunch, and only in areas designated for that
purpose.
Drug-Free, Cannabis-Free and Alcohol-Free Workplace
It is the policy of the City of Monticello to maintain a drug and alcohol-free work environment
that is safe and productive for employees and in response has adopted the following policy on
drugs and alcohol in the workplace:
1. Employees are expected and required to report to work on time and in appropriate
mental and physical condition. It is the City’s intent and obligation to provide a drug-
free, cannabis-free and alcohol-free, safe, and secure work environment.
2. The unlawful manufacture, distribution, possession, or use of drugs and/or cannabis on
City property or while conducting City business is absolutely prohibited. Violations of
this policy will result in disciplinary action, up to and including termination, and may
have legal consequences.
3. The City recognizes drug and alcohol abuse as a potential health, safety, and security
problem. Employees needing help in dealing with such problems are encouraged to use
the City’s Employee Assistance Program (EAP) or their health insurance plans, as
appropriate.
Outside Employment
It is in the best interest of the City and the citizens of Monticello, and within reasonable
expectation of the City as an employer, that due to the nature of their positions within the City
of Monticello any employee holding one of the positions listed below shall not perform the
same or substantially similar duties for another local unit of government on either a full-time or
ongoing part-time basis, either directly as an employee or independent contractor or indirectly
through a corporation or other entity.
Positions covered by this section include: City Administrator, Community Development
Director, Economic Development Director, Public Works Director, Chief Building Official, City
Engineer, and Finance Director. 8.0 Definitions
For purposes of these policies, the following definitions will apply:
Benefit Earning Employees - Status where employees are eligible for at least a prorated portion
of employer provided benefits. Except for Earned Sick and Safe Time (ESST) and Minnesota Paid
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Leave (MNPL) program benefits, such employees must be year-round employees who work at
least 30 or more hours per week on a regular basis.
City - City of Monticello.
Demotion - Movement of an employee from one job class to another where the maximum
salary for the new position is lower than that of the former position. This action may be
voluntary or involuntary.
Department Head- Employee who is responsible for a department and budget within the city.
Department Director- Employee who oversees multiple departments within the city.
Exempt Employee - Employees not covered by the overtime provisions of the federal or state
Fair Labor Standards Act.
FICA (Federal Insurance Contributions Act)- FICA is the federal requirement that a certain
amount be automatically withheld from employees’ earnings. Specifically, FICA requires an
employee contribution of 6.2 percent for Social Security and 1.45 percent for Medicare. The city
contributes a matching 7.65 percent on behalf of each employee. These amounts may change if
required by law.
Non-Exempt Employee – Employees who are covered by the federal or state Fair Labor
Standards Act. Such employees are normally eligible for overtime at 1.5 times their regular
hourly wage for all hours worked over forty (40) in any given workweek.
Part-Time (Casual) Employee - An employee who works in an ongoing non-benefit earning
position of fourteen (14) hours or less per week. Employees in this category may work more
than fourteen (14) hours per week on occasion but must not meet the definition of a public
employee by State law (Chapter 179). Part-time (casual) employees accrue no seniority and
earn no employment rights.
PERA (Public Employees Retirement Association)- Statewide pension program in which all city
employees meeting program requirements must participate in accordance with Minnesota law.
The city and the employee each contribute to the employee’s retirement account.
Probationary Period - A specified period at the beginning of employment in a regular ongoing
position (or the beginning period of a promotion, reassignment, or transfer) that is designated
as a training or trial period. The probationary period is considered the last part of the selection
process.
Promotion - Movement of an employee from one job class to another within the city, where
the maximum salary for the new position is higher than that of the former position.
Probationary Employee - An employee who is serving a probationary period, either the original
probationary period immediately after hire or a promotional, reassignment, or transfer
probation.
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Reclassify - Movement of an employee from one classification to another classification because
of a significant change in the position's duties.
Regular Full-Time Employee – An employee who has successfully completed the probationary
period after hire or promotion as indicated by a satisfactory performance review. Regular full-
time employees are regularly scheduled to work 40 hours per week.
Regular Part-Time Benefit Earning Employee- An employee who regularly works thirty (30) or
more hours per week but less than forty (40) hours year-round in an ongoing position.
Employees in this category receive partial or prorated benefits.
Regular Part-Time Employee - An employee who has successfully completed all stages of the
selection process including the training or probationary period and who works in ongoing
positions at more than 14 hours per week but less than 30 hours per week. Regular part-time
employees are not eligible for benefits.
Seasonal Employee - An employee (full-time or part-time) who works during only part of the
year (less than 185 consecutive calendar days) to assist with seasonal work. Seasonal
employees accrue no seniority and earn no employment rights or benefits. Individuals may be
rehired in subsequent seasons but in no case should work beyond six consecutive months.
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 credit.
Temporary Employee – Temporary employees might have a defined start and end date or may
be for the duration of a specific project. Temporary employees may be assigned to work a part-
time or full-time schedule. Temporary positions are normally less than six months in duration
and accrue no seniority and earn no employment rights. Temporary positions are exempt from
benefits (PERA, paid time off, life and disability coverage etc.) except for ESST and health
insurance which may be offered depending on duration of assignment and hours scheduled per
week. 9.0 Employee Recruitment and Selection
Scope
The Human Resource Manager will manage the hiring process for all positions within the city.
All applications for full-time and part-time employment shall be submitted via online
application to the Human Resource Department for consideration. While the hiring process is
coordinated by staff, the City Council is responsible for the final hiring decision and must
approve all hires to city employment. All hires will be made according to the merit and fitness
related to the position being filled.
Features of the Recruitment System
The City Administrator and Human Resources Manager will determine if a vacancy will be filled
through open recruitment or by promotion, transfer, or some other method. This
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determination will be made on a case-by-case basis. The majority of position vacancies will be
filled through an open recruitment process.
Below is a general outline regarding how the recruitment process will work. The City has the
authority to deviate from the guidelines below on a case-by-case basis.
Vacancy Announcements: Notification of open positions shall normally be published by posting
announcements on official City bulletin boards and publicly via the city website and other
appropriate places as defined by the City. Postings and other recruitment materials will normally
specify the job title, salary or hiring range, the nature of the work to be performed, the minimum
and essential requirements of the position, the time and place to apply, the closing date for
receiving application and other pertinent information.
Vacancy Coverage: Position vacancies may be filled on an “acting” basis as needed prior to
filling a position through the normal process. The City Administrator will approve all acting
appointments for regular positions. If a current employee is appointed to an acting position and
is later hired to fill the regular appointment, with no break in service in the new position, the
effective date of the regular appointment will be the date on which the acting appointment was
made.
Pay for Interim Positions: Pay rates for interim appointments will typically be at step one (1) of
the grade for the position in which they are filling. If the interim appointee’s pay rate is already
above step one (1) for the interim position, they will receive a minimum of a 3.5% increase in
pay for the duration of their interim appointment. If the employee appointed to an acting
position is not hired to fill the regular appointment, that employee’s pay rate will be adjusted to
their pre-appointment pay upon stepping down from the appointment.
Application Materials: All candidates must complete the required application materials by the
application deadline to be considered for the position. The application deadline may be
extended by the Human Resources Manager after consultation with the hiring manager.
Testing and Examinations
Application qualifications will be evaluated in one or more of the following ways: a training and
experience rating, written test, interview, performance or demonstrative test, physical agility
test, or another appropriate job-related exam. The City may identify preferred or desirable job-
related qualifications for any vacancy and, if so, these will be given appropriate weight in the
selection process.
Employment references will be considered, and a background investigation will be required.
For internal hires, qualifications and past performance will be considered in determining
suitability for the vacant position.
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Selection Process
The selection process will be a cooperative effort between the Human Resource Manager and
the hiring supervisor, subject to final hiring approval of the City Administrator and the City
Council. The Human Resources Manager will normally participate in final interviews for all
regular full-time vacancies.
The selection process for regular part-time, seasonal, temporary, and casual part-time
employees may be delegated to the appropriate supervisor with each hire subject to final City
Council approval.
The City has the right to make the final hiring decision based on qualifications, abilities,
experience, and the needs of the city.
Background Checks
All finalists for employment with the city will be subject to a background check to confirm
information submitted as part of application materials and assist in determining the candidate’s
suitability for the position. The level of background check will be based on the position being
filled.
Employment of Family Members
Relatives of employees may be hired only if they will not be working directly or indirectly for a
relative or supervising a relative. Current employees who are relatives cannot be transferred
into such a reporting relationship. In any other cases where a conflict or the potential for
conflict arises, even if there is no supervisory relationship involved, the City Administrator will
decide regarding assignment. Employment of a family member refers to the immediate family
of an employee, which for purposes of this policy includes:
Spouse Children (including stepchildren)
Parent (including in-laws) Sibling (including step and in-law)
Grandparents Significant Others
Aunts and Uncles
Probationary Periods
All newly hired regular full-time and regular part-time employees will serve a minimum of a six
(6) month probationary period in the position. Exempt level hires will normally be required to
serve a twelve (12) month probationary period.
This period will be considered a training period. The training period is an integral part of the
selection process, and will be used for observing the employee's work, training the employee in
work expectations, assessing the employee's abilities, skills, and interest and for rejecting any
employee whose performance does not meet the required work standards or is otherwise not a
good fit for the position.
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Employees may be dismissed at any time during the initial probationary period. An employee so
dismissed will not have the right to appeal. Employees hired in casual, temporary, or seasonal
positions may be dismissed at any time.
Probationary periods may be extended beyond six (6) months upon approval of the City
Administrator.
Employee On-Boarding
The Human Resources Manager or their designee will meet with new employees to ensure
proper new hire paperwork is completed and City policies and procedures are explained.
Supervisors will meet with their new employees to review policies and procedures specific to
their department and will establish goals and expectations for their probationary period.
Supervisors will schedule periodic check-in meetings throughout the probationary period to
ensure goals and expectations are being met.
Promotions
All city employees are eligible to apply for internal openings regardless of the time in their
current position. A promoted employee will normally be subject to a new probationary period.
If it is determined that the employee has not successfully completed their probationary period,
the following options exist: the probationary period can be extended, the employee may be
eligible to return to their previous position or another position if available and qualified, or
employment may be terminated.
Promotional-based increases will be determined on a case-by-case basis taking into
consideration the employee’s current level of pay, level of experience, and the current job
market.
Change from Part-Time to Full-Time Status
Employees who move from part-time non-benefit earning status to part-time or full-time
benefit earning status will not normally receive benefit service credit for hours worked while at
part-time non-benefit status.
Employees who move from part-time benefit earning status to full-time benefit status will
receive benefit service credit for hours worked while at part-time benefit status.
Rehires
Employees who leave the city employment and return will not normally receive seniority for
PTO. All rehired employees regardless of rehire date will be subject to waiting periods for their
insurance benefits as defined by current contracts.
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10.0 Compensation and Time Reporting
Pay Schedules
Pay schedules are established and approved by the City Council. Pay for all positions is
determined by employee classification and approved by City Council. When a pay schedule is
adjusted by the City Council, affected employees’ wages shall be adjusted based on the new
schedule.
Pay schedules for regular full-time and regular part-time positions are based on a grade and
step system under the guidelines of the pay equity system. Pay schedules for all other positions
are determined based on the current job market and the pay rates of similar jobs in the area.
Non-Exempt (Overtime- Eligible) Employees
To comply with the provisions of the Federal and State Fair Labor Standards Acts, hours worked
and leave time used by all non-exempt employees are recorded daily and reported on a bi-
weekly basis. Time reporting will be on a manual or computerized basis. Each supervisor is
responsible for verifying their employee’s hours and submitting the hours to payroll.
Exempt (Non-Overtime Eligible) Employees
Exempt employees shall complete a time reporting form, on a bi-weekly basis, indicating all
exceptions to the normal workweek (i.e., use of PTO, holidays, and other authorized leaves).
Exempt employees may also be required to record hours worked each day as permitted under
the Fair Labor Standards Act, so long as time is not paid based on the hours recorded and is
only used for accounting/billing or public accountability purposes.
Exempt employees are paid on a salary basis. This means they receive a predetermined amount
of pay each pay period and are not paid by the hour. Their pay does not vary based on the
quality or quantity of work performed, and they receive their full weekly salary for any week in
which any work is performed.
The City of Monticello will only make deductions from the weekly salary of an exempt employee
in the following situations:
1. The employee is in a position that does not PTO and is absent for a day or more for
personal reasons other than sickness or accident.
2. To offset compensation received for military pay. If an employee works part of the week
in military service, the city still must pay the entire week’s salary to the employee, but
the city could offset the amount of the military pay for the week against the employee’s
salary.
3. The employee is in a position that earns PTO, receives a short-term disability benefit or
workers’ compensation wage loss benefits, and is absent for a full day due to sickness or
disability, but he/she is either not yet qualified to use the paid leave or he/she has
exhausted all of his/her paid leave.
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4. The employee is absent for a full workweek, and, for whatever reason, the absence is
not charged to paid leave (for example, a situation where the employee has exhausted
all of his/her paid leave or a situation where the employee does not earn paid leave).
5. The very first workweek or the very last workweek of employment with the city in which
the employee does not work a full week. In this case, the city will prorate the
employee’s salary based on the time actually worked.
6. The employee is in a position that earns paid leave and is absent for a partial day due to
personal reasons, illness, or injury, but:
• Paid leave has not been requested or has been denied.
• Paid leave is exhausted.
• The employee has specifically requested unpaid leave.
7. The employee is suspended without pay for a full day or more for disciplinary reasons
for violations of any written policy that is applied to all employees.
8. The employee takes unpaid leave under the FMLA.
9. The city may, for budgetary reasons, implement a voluntary or involuntary unpaid leave
program and, under this program, make deductions from the weekly salary of an
exempt employee. In this case, the employee will be treated as non-exempt for any
work week in which the budget-related deductions are made.
If the City inadvertently makes an improper deduction to the weekly salary of an exempt
employee, the city will reimburse the employee and make appropriate changes to comply in
the future. If an employee thinks that a wage deduction was made in error, please contact the
Human Resources or Finance Department promptly.
Time Reporting
When reporting time exempt employees should round their hours to the nearest ¼ hour and
non-exempt employees should record hours to the nearest minute. The employee and their
supervisor must both attest to its accuracy.
Hours Requirement and Time Reporting (Exempt Employees)
1. All exempt employees shall establish and adhere to a regular work schedule. Non-
routine departures from the regular work schedule are allowable with supervisor’s
approval.
2. All exempt positions within the city require employees to work a minimum 80 hours per
pay period. Many exempt positions within the city incur incidental hours outside of the
normal scheduled workday. These hours are to be expected as part of the job
requirements and are not directly compensated for in addition to base salary.
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3. Exempt employees are required to use a minimum of four (4) hours of PTO when taking
a full day off on any regularly scheduled workday regardless of hours worked in the pay
period. Note: All timesheets must reflect a minimum of 80 hours therefore, employees
may be required to use more than four (4) hours of PTO depending on hours worked in
the pay period.
Direct Deposit
As provided for in Minnesota law, all employees are required to participate in direct deposit.
Employees are normally paid every two (2) weeks via direct deposit. When payday falls on a
holiday, deposits are normally issued the day before the holiday.
Paystubs and yearend tax statements are distributed via the Employee Self Service (ESS) portal.
Employees will automatically be enrolled in ESS distribution but may opt out at any time by
contacting the Payroll/Finance Department.
Copies of paystubs will normally not be given to anyone other than the person for whom they
were prepared, unless the person has a note signed by the employee authorizing the city to
give them the stub. Paystubs will be given to the spouse, or other appropriate immediate family
member, in the case of a deceased employee.
Employees are responsible for notifying the Human Resources Department of any change in
status including changes in address, phone number, names of beneficiaries, marital status,
student status, etc.
Overtime Hours
The City recognizes some employees may be required to work extra hours in emergency
situations, during peak workload periods and to provide oversight on work being completed by
private contractors as outlined per contract agreements. The city requires employees to work
when it is necessary. The scheduling and payment of compensatory time or overtime will be in
accordance with the applicable Fair Labor Standards Act and the following:
1. Work units of 1 minute or more per week, above 40 hours, worked by non-exempt
employees will be counted as overtime and paid at 1.5 times the employee's normal
base pay rate. Some employees may be eligible to use and accrue compensatory time.
All accrued and unused compensatory time will be paid to the employee upon
termination or promotion to exempt status.
2. All employees, in all departments, are required to work overtime as requested by their
supervisors. Refusal to work overtime may result in disciplinary action. Supervisors will
make reasonable efforts to balance the personal needs of their employees when
assigning overtime work.
3. If overtime is necessary, the immediate supervisor must give specific approval prior to
its being worked. Pre-authorization may be presumed by employees in emergency
situations such as excess snowfall, flood, natural disasters, lift station malfunctions,
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terroristic threats, or other similar situations where the immediate of staff is required to
avert endangerment of life, home or property.
4. Holidays will count as time worked for purposes of computing overtime for non-exempt
employees who are not covered by a labor agreement.
5. PTO and compensatory time will not count as time worked for purposes of computing
overtime for non-exempt employees who are not covered by a labor agreement.
6. Non-exempt temporary and seasonal employees will be paid overtime for work more
than 40 hours per week and will not receive or accrue compensatory time.
7. The work week begins on Saturday at 12:01 a.m. and ends on the following Friday at
midnight.
Compensatory Time
Non-exempt employees may be allowed to receive compensatory time in lieu of overtime pay.
Compensatory time earned and used must be approved by employee’s immediate supervisor.
When an employee opts to receive compensatory time in lieu of over-time pay one hour of
comp time is adjusted to reflect 1 ½ hours in their compensatory time balance. At no time
should an employee’s compensatory time balance reflect more than forty (40) hours. If an
employee has forty (40) hours of compensatory time banked, they will not be allowed to earn
any additional compensatory time and shall receive overtime pay thereafter for all overtime
hours worked.
Effective January 1, 2024, to avoid impacts of constructive receipt on income as defined by the
Internal Revenue Service in section 1.451-1(a), compensatory time earned must be used in the
tax year it was earned, or it will be paid out with the last paycheck in December each year.
All earned compensatory time will be paid out to the employee upon termination or promotion
to an exempt position. In the case of a promotion, the compensatory time will be paid out at
the employee’s pre-promotion rate of pay.
Emergency Call Backs
Emergency callback is defined as being called back to work during off-duty hours. Non-exempt
employees called back in this situation shall be compensated at the overtime rate to the extent
this time required them to work more than forty (40) hours per seven (7) day work week.
Employees shall be paid a minimum of two (2) hours’ pay for each call back.
Wage Disclosure Protection Law
Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any
person the amount of their own wages. Therefore, in accordance with the Minn. Stat. §181.172
the City may not:
1. Require nondisclosure by an employee of his or her wages as a condition of
employment.
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2. Require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee’s wages.
3. Take any adverse employment action against an employee for disclosing the employee’s
own wages or discussing another employee’s wages which have been disclosed
voluntarily.
4. Retaliate against an employee for asserting right or remedies Minnesota Statute
§181.172, subd. 3.
The city cannot discipline, penalize, interfere with, or otherwise retaliate or discriminate against
an employee for disclosing his/her own wages. An employee’s remedies under the Wage
Disclosure Protection Law are to bring a civil action against the city and/or file a complaint with
the Minnesota Department of Labor and Industry. 11.0 Hours of Work
Work Schedules
The employer is the sole authority for establishing and modifying work schedules. Emergency
situations may change the work schedule of an employee with little if any notice. Nothing
contained in this provision shall be construed as a guarantee of a specified number of hours or
shifts.
Employees should be made aware of their work schedules by a method suitable for the various
city departments. Where reasonably practical, employees shall be notified of changes in their
regular work schedules at least one week in advance of the time when the schedule is to take
effect. Each employee has an obligation to work overtime or call backs, if requested, unless
unusual circumstances prevent him/her from working.
Meal Breaks and Rest Periods (Non-Exempt Employees)City employees will be granted a 15-minute
paid rest period approximately midway through each four (4) consecutive hours worked, at a
time specified by the immediate supervisor. Effective January 1, 2026 employees who work six
(6) hours, but less than eight (8) hours, are allowed to choose between a 20-minute paid rest
period, or a 30-minute unpaid meal break.
Breaks are measured from the time work is stopped until it is resumed. Break time may not
normally be saved, added to other breaks, or accumulated, nor may it be used for any purpose
other than a mid-shift rest period. Exceptions may be approved by the immediate supervisor.
In addition to two (2) paid rest periods each employee working an eight (8) hour shift or longer
is entitled to one unpaid meal break, for which there is no compensation, approximately
midway through the shift. The length of this meal break is measured from the time work is
stopped until it is resumed. The length, timing and scheduling of meal breaks shall be
determined by the supervisor to ensure continuity of services.
Supervisors may require employees to stay on-site for city paid breaks.
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Reasonable Work Time for Nursing Mothers
Nursing mothers and lactating employees will be provided reasonable paid break times to
express milk. The break time times must, if possible, run concurrently with any break time
times already provided.
The city will provide a clean, private, and secure 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 and includes access to an electrical outlet, where the nursing mother
can express milk in private.
An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employe for asserting nursing rights or remedies.
Emergency Closings
In the event of an emergency or disaster, certain city operations may be closed. Closing
departments and/or facilities shall be at the discretion of the city administrator. Employees
shall not be compensated for the hours lost due to an emergency closure, except that an
employee may elect to utilize PTO, ESST, or accrued compensatory time, if available, for the
time lost.
Adverse Weather Conditions
City facilities will be open during adverse weather. Due to individual circumstances, each
employee will have to evaluate the weather and road conditions in deciding to report to work
(or leave early). Public works maintenance employees would generally be required to report to
work regardless of conditions unless otherwise notified by their supervisor.
The City Administrator will decide whether conditions indicate a general excused absence for
those unable to report to work due to the adverse weather. Employees unable to work from
home may take PTO, ESST or compensatory time to cover lost wages.
Decisions to cancel departmental programs (special events, recreation programs, etc.) will be
made by the respective department head or the City Administrator.
Alternative Work Arrangements
The City of Monticello is committed to providing its employees with Alternative Work
Arrangements (AWAs) where such arrangements can be designed to benefit both the City and
the employee while maintaining or improving City operations and service delivery. These work
arrangements are intended to provide employees with increased flexibility with their work
schedule while allowing the City of Monticello to maintain a progressive and productive work
environment.
AWAs may be offered to employees when management determines it can be effectively
utilized. AWAs are not appropriate for all employees or positions and are not a universal
employee benefit. The nature of the employees’ work and responsibilities must be conducive
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to the requested AWA without causing additional cost, significant disruption to performance
and/or service delivery, or significant burden to other staff.
These arrangements may benefit the City by:
• Attracting and retaining employees
• Increasing employee commitment, engagement, and morale
• Reducing absenteeism
• Increasing productivity through fewer interruptions and distractions
• Supporting continuity of operations
• Maximizing workspace
• Potentially reducing facilities costs
These arrangements may provide benefits to employees including:
• Enhancing quality of life
• Improving morale
• Increasing productivity
• Saving time and money spent commuting
These arrangements may also provide benefits to the community and environment including:
• Potentially expanding hours of operation and service delivery
• Reducing work trips that may contribute to accidents
• Reducing gas used, greenhouse gas emissions and wear and tear on the streets and
highways
• Promoting energy conservation
The following types of AWAs are covered by this policy:
1. Compressed Workweek
2. Flextime
3. Telework
Definitions
Compressed Workweek: A 40-hour workweek is completed in less than five (5) full workdays, or
an 80-hour work schedule is completed over a two-week period in less than ten (10) workdays.
Examples of compressed workweeks include but are not limited to:
1. Working four 10-hour days
2. Working 9-hours for four days, and 4-hours for 1 day
3. Working 9-hours for 8 days and 8-hours for 1 day with 1 day working 0-hours (Note: this
type of arrangement is not an option for non-exempt employees who are eligible for
overtime payment)
Flextime: A 40-hour workweek is completed (for full-time employees) but there is flexibility in
establishing daily start and end times. Days of the workweek may have varying start and end
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times, but the pattern should occur predictably over each workweek. Examples of flextime
arrangements include but are not limited to:
1. Flexible Work Hours: Employees work 8-hour days with start/end times varying from the
standard City location schedule. Manager identifies core hours for the department/City.
2. Flexible Work Schedule: Employees do not work a standard 8-hour day. Workdays vary
from day to day but remain consistent over a standard pay period. Example shown
below:
Monday Tuesday Wednesday Thursday Friday
9 hours 9 hours 8 hours 7 hours 7 hours
Telework: A formalized work arrangement that allows an employee to perform work on a
regular, recurring basis at a telework location that is not the employee’s permanent work
location.
Note: Employees will not be approved for more than one of the above AWAs.
Procedures
See APPENDIX III. 12.0 Performance Meetings and Reviews
The City Administrator and Human Resources Manager shall establish an objective performance
review system to regularly evaluate the performance of city employees. The quality of
performance rendered by the employee in the past will receive due consideration in such
personnel decisions as promotions, transfers, demotions, terminations and, where applicable,
salary adjustments.
During the training period, informal performance meetings should occur frequently between
the supervisor and the employee. Conducting these informal performance meetings provides
both the supervisor and the employee with the opportunity to discuss what is expected, what is
going well and areas where additional training or improvement is needed.
Performance reviews should be conducted at 6 months for newly appointed employees and at
least annually thereafter. These evaluations shall be in writing and discussed with the
employee.
Supervisors shall use this opportunity to clarify goals and expectations, identify strengths and
developmental areas and communicate how an employee’s performance meets, exceeds, or
does not meet their expectations for the position. This is also an opportunity to discuss the
employee’s development and establish goals for the next review period.
While certain components of a performance evaluation, such as disputed facts reported to be
incomplete or inaccurate are challengeable using the city’s grievance process, other
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performance evaluation data, including subjective assessments, are not. For those parts of the
performance evaluation system deemed not challengeable, an employee may submit a written
response which will be attached to the performance review.
The City Administrator has authority to evaluate and have input on all performance reviews.
The City Administrator may seek input from others as appropriate.
The review form, with all required signatures, shall be retained as part of the employee's
personnel file in the Human Resource Department. The employee’s signature on the form
indicates solely that the supervisor has discussed the review with him or her and does not
constitute agreement. Failure to sign the document by the employee will not delay processing. 13.0 Organization
Job Descriptions
The Human Resources Department will maintain records of job titles and compensation by
position and/or job class, job descriptions for each regular job class and other appropriate
information. New positions can be developed as needed but shall be approved by the City
Administrator and Council in the budget process, or as needed, prior to filling the position.
The Human Resource Manager prepares job descriptions for all City positions, in cooperation
with the department head or supervisor. Each description includes the position title,
supervisor’s title, FLSA status (exempt or non-exempt), general statement of position duties,
essential functions of the position, working environment, physical requirements, and minimum
qualifications for the position. Good attendance and compliance with work rules and policies
are essential requirements of all city positions.
Prior to posting vacant positions, Human Resources and the hiring supervisors will closely
examine the existing descriptions and qualifications for each position to ensure the job
description is an accurate reflection of the position and the stated qualifications do not present
artificial barriers to employment.
A current job description is provided to each new employee. Supervisors are responsible for
ensuring the job descriptions accurately reflect the duties and responsibilities of the position.
All job description revisions are subject to approval by the City Administrator or Human
Resources Manager.
Classification of Job Duties
The classification of job duties for pay equity purposes will be the responsibility of the Human
Resource Manager, subject to review by the City Administrator. Assignment of job titles,
establishment of minimum qualifications, and the maintenance of regular job descriptions and
related records shall also be the responsibility of the Human Resource Manager, with assistance
from department heads/supervisors as needed.
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Reclassification
Positions frequently change over time and some change in jobs is normal and expected.
Occasionally, an employee's job will change so significantly that it no longer fits the employee's
job classification. In these situations, the department head may request the Human Resources
Manager to perform a classification study. The study may result in several different findings:
reclassifying the position to another existing classification, merging classes, creating a new
classification, restructuring the job, or a determination that no change is needed. Pay levels due
to reclassifications will be determined on a case-by-case basis.
The City Administrator must approve all classification changes after considering input from the
affected department head and Human Resource Manager.
Reductions to Workforce
In the event it becomes necessary to reduce personnel, temporary employees and those
serving a probationary period in affected job classes will be separated before regular
employees in those job classes.
Within these groups, the selection of employees to be retained shall be based on merit and
ability as determined by the department director, subject to review by the City Administrator
and approval by the City Council.
Reduction of a management level position shall be at the discretion of the City Administrator,
subject to the approval of the City Council.
Layoffs
Layoff shall mean a reduction in the workforce due to lack of work, job elimination, lack of
funds or for other causes not related to disciplinary action. Within a given job class, seasonal,
temporary, probationary, intermittent, and casual part-time employees shall be laid off first.
Regular employees shall be laid off last based on the needs of the city, with regular non-benefit-
earning part-time employees, laid off first, regular benefit-earning part-time employees next
and full-time employees last.
In layoff of regular employees, weight shall be given to the employee’s ability to fill the needs of
the city for that area.
Layoff lists will be maintained for 6 months. Recall from layoff will be based on merit.
Severance Package
To ease the transition from the unexpected loss of income, the City will provide all full-time and
part-time benefit-earning employees who have been with the City at least one (1) year, one (1)
week of pay for every full year of service with the city up to a maximum of twelve (12) weeks.
For example, if the employee worked in an eligible position for 10.5 years, the employee would
be paid 10 weeks of severance. The lump sum payment will occur in tandem with the
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employee’s final check for hours worked. All IRS and PERA rules will apply to the lump sum
payment.
Medical, dental, and other city benefits will terminate on the last day of the month the
employee works. Employees will have the opportunity to elect benefits continuation via COBRA
coverage. 14.0 Employee Benefits
This section is not expected to give a detailed explanation of all employee benefits but rather to
provide general information. A benefit package is available on a participatory basis for both the
employee and his/her dependents through group policies.
Health, Dental, Life and Disability Insurance
Regular full-time and benefit-earning part-time employees shall be eligible to apply for
employee and dependent insurance benefits provided by the city. Benefits contributions for
benefit-earning part-time employees will be 50% of the amount of the city’s contribution for
full-time employees.
The City Council shall approve annually the City contribution amount it will provide for single
and family coverage of health and dental insurance elected by full-time employees. The City
Council shall also approve the city contribution for life and disability insurance coverage.
Employees terminating from the City of Monticello shall have the option to receive continued
insurance coverage according to COBRA regulations. COBRA information will be provided to the
employee by the city upon termination.
Retirement- PERA
The city participates in the Public Employees Retirement Association (PERA) to provide pension
benefits for its eligible employees to help plan for a successful and secure retirement.
Participation in PERA is mandatory for most employees, and contributions into PERA begin
immediately. The city and the employee contribute to PERA each pay period as determined by
state law. Most employees are also required to contribute a portion of each paycheck for Social
Security and Medicare (the city matches the employee’s Social Security and Medicare
withholding for many employees). For information about PERA eligibility and contribution
requirements, contact the Human Resources Department.
Tuition Reimbursement
Full-time and part-time benefit eligible employees are eligible for tuition reimbursement for
courses taken for credit at an approved post-high school educational institution subject to the
following criteria:
1. Courses must be directly related to the employee’s present position (whether required
for a degree program or not).
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2. Courses must be directly related to a reasonable promotional opportunity in the same
field of work as present position (whether part of a degree program or not).
3. Courses must be approved in advance of the first day of class by the department head
and City Administrator in accordance with established procedures and the cost must be
included in the approved city budget. The employee education request should cover any
adjustment in the work schedule that may be necessary.
4. Any costs other than tuition and course materials will not be reimbursed by the city.
5. Employees are required to take courses outside of their work schedule whenever
possible. All work schedule adjustments must be approved by the supervisor.
The City will pay 50% of the cost of tuition and course materials upon successful completion (C
grade), 75% reimbursement upon completion with a “B” or “A” grade. Courses taken “pass/fail”
will be reimbursed at the same percentage as a C grade (if passed). All reimbursements will be
prorated for benefit-earning part-time employees.
The maximum reimbursement will be $1500 per year per employee, subject to budget
limitations. Employees must reimburse the city if they voluntarily leave employment within
twelve (12) months of reimbursement.
Employee Discounts (Community Center and More)
Employees, elected officials, and select board and commission members are eligible to receive
discounts at a wide variety of businesses throughout the area including discounted single and
family memberships to the Monticello Community Center via the Minnesota Employee
Resource+ Service Company (MERSC) discount program. More information is available on
MERSC’s website MERSC.com.
Holidays
Paid holidays for City employees include:
New Year’s Day Juneteenth Thanksgiving Day
Martin Luther King Jr. Day July 4th Friday after Thanksgiving
President’s Day Labor Day Christmas Eve
Memorial Day Veterans Day Christmas Day
All eligible full-time employees will receive 12 holidays per year for each full year worked. Full-
time employees eligible for holiday pay shall receive full pay for eight (8) hours straight time for
each of the holidays listed.
To be eligible for full holiday pay, the employee must be a regular or probationary full-time
employee and must work the full shift on the last scheduled workday before and after the
holiday or be on a pre-approved paid absence for those days.
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Regular part-time benefit-earning employees who are regularly scheduled to work thirty (30) or
more hours per week, or who have averaged thirty (30) or more hours per week for at least six
months, shall receive four (4) hours of straight time pay for each of the holidays listed.
When a holiday falls on a Sunday, the following Monday shall be the “observed” holiday and
when a holiday falls on a Saturday, the preceding Friday shall be the “observed” holiday for City
operations/facilities that are closed on holidays. This provision does not apply to employees
whose regular schedule requires them to work Saturdays and/or Sundays where the facility in
which they work is open that day.
Holiday Pay and Usage
Non-exempt, full-time and benefit-eligible part-time employees required to work on a holiday
will be paid for the hours worked, plus will receive either an additional eight (8) hours of
holiday pay or a compensatory day off during that pay period as determined by the supervisor
and employee. If the total hours with the eight (8) hours of holiday pay require a non-exempt
employee to work more than forty (40) hours that week, they will be eligible for overtime for all
hours over forty (40).
Exempt employees required to work on a holiday are allowed to take another compensatory
day off within the same pay period. If special circumstances make it impossible for the
employee to take their holiday within the same pay period, the City Administrator can approve
use at a later date.
All official holidays shall be considered to commence at the beginning of the first shift of the
day on which the holiday is observed and continue for twenty-four (24) hours thereafter.
Holiday balances and unused holiday time is not paid out at the time of termination. 15.0 Leaves of Absences
Paid Time Off (PTO)
Paid time off (PTO) provides all full-time and part-time benefited employees with paid time
away from work that can be used for any purpose including all allowable reasons under
Minnesota’s Earned Sick and Safety Time (ESST). PTO must be scheduled in advance and have
supervisory approval, except in the case of illness or emergency.
PTO does not replace pay for City observed holidays, bereavement leave, jury duty, court leave,
or military leave.
Transition to PTO (hired prior to 12/31/2015)
Vacation balances as of 12/31/15 will be converted to PTO hours on an hour for hour basis on
January 1, 2016.
Example: Vacation balance as 12/31/15 + Annual PTO = PTO balance as of 1/1/2016
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Sick balances as of 12/31/15 will be paid out at 50% into the MN State Healthcare Savings Plan
(HCSP). Remaining sick time hours after payment will be transferred to an Extended Medical
Bank (EMB).
Extended Medical Benefit (EMB)
Any remaining sick hours after payment into the HCSP will be placed in an EMB which provides
income protection insurance for employees in case of a serious illness. EMB hours may be used
to cover lost wages during a qualified unpaid Family Medical Leave (FMLA) or to “top-off” a
wages while on an approved MN Paid Leave (MNPL). This benefit is meant as insurance. There
is no additional accrual to this bank, and it is not paid out upon termination.
Types of PTO Leave
1. Planned PTO is requested and approved prior to the date the employee is taking off.
2. Unplanned PTO is time off reported on the date the employee will not be reporting to
work. When leave is unplanned, the employee must notify their supervisor within one
hour of the employee’s scheduled workday, or if the employee is already at work, the
employee must notify their supervisor prior to leaving work. Unplanned leave may be
denied if it would result in the department not being able to meet minimum staffing
levels unless the absence qualifies as ESST usage.
If an employee’s use of unplanned leave indicates a pattern suggesting abuse that interferes
with the minimum staffing levels or the ability of the department to conduct business
appropriately, the supervisor shall notify the employee. If such abuse continues the employee
may be subject to denial of unplanned leave or disciplinary action.
Medical Certification
Good attendance is an essential job function for all city employees, if unplanned absences
exceed 2 days, a doctor’s certification may be required. The documentation provisions
referenced in the Earned Sick and Safe Time Act, Minn. Stat.181.9447, subd. 3(b), shall not
apply to PTO available to an employee for absences from work in excess of the minimum
amount required by ESST.
Annual PTO Schedule
Non-Exempt (Hourly): Exempt (Salaried):
Less than 6 years 128 Hours/16 days Less than 8 years 168 Hours/21 days
6 thru 10 years 168 Hours/21 days 8 -24 years 224 Hours/28 days
11-24 years 224 Hours/28 days
25 years 232 Hours/29 days 25 years 232 Hours/29 days
26 years 240 Hours/30 days 26 years 240 Hours/30 days
27 years 248 Hours/31 days 27 years 248 Hours/31 days
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28 years 256 Hours/32 days 28 years 256 Hours/32days
29 years 264 Hours/33 days 29 years 264 Hours/33 days
30 years 272 Hours/34 days 30 years 272 Hours/34 days
The hours listed above are 50% for part-time benefited employees (30-35 hours per week).
PTO hours will be placed in the employees’ bank on January 1 of each year based on time with
the city as of January 1 of each year.
Example: An hourly employee who celebrates their 10-year anniversary on June 6 will receive
168 hours the following January 1 plus an additional 28 hours (56 hrs./12 mo.*6 mo.) of
prorated PTO for a total of 196 hours.
Mid-year hires and terminations will be pro-rated accordingly. The month of hire does not
count towards pro-rated credit in the first year of employment. For mid-year terminations, if an
employee has used more than their pro-rated amount for the year, the overpayment of PTO
will be deducted from their final paycheck.
Probationary Employees
Probationary employees are not typically able to use more than forty-eight (48) hours of PTO
during their first six (6) months of employment.
Annual Usage Requirement
Employees must use at least 50% of their annual accrual each year.
Annual Contribution to the MN State Healthcare Savings Plan (HCSP)
PTO balances over 320 hours as of the first payroll in December will be paid into the HCSP
(maximum of 48 hours) based on the employee’s current hourly rate of pay. The HCSP deposit
does not count towards an employee’s 50% usage requirement.
Employees who use bereavement leave during the year will not be allowed to roll hours into
the HCSP.
Carry-Over
Employees may carry over up to 320 hours of PTO each year into the next year. Any hours over
320 will be forfeited at year-end, unless due to a qualifying (unusual or non-recurring)
circumstance the City Administrator approves an extension or cash payment to avoid a loss of
PTO time. All qualifying circumstances must be reported to the Personnel Committee on an
annual basis.
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Unpaid Leave
Employees must normally use all earned PTO prior to taking unpaid leave with the exception of
the Minnesota Paid Leave. If the leave qualifies under the Parenting Leave or Family Medical
Leave Act (FMLA), the employee may retain a balance of forty (40) hours when going on unpaid
leave. Any exceptions must be approved by the City Administrator.
PTO Donation
Employees may transfer their earned PTO hours from one employee to another under the
following conditions:
1. Such transfers can be made only after the showing of unique or special circumstance
and only upon the approval of the City Administrator. Before such transfer will be
approved, the proposed recipient of the transfer must be eligible for PTO and have used
all his/her PTO.
2. Donated time must be used within the year donated and is not eligible for rollover into a
new year.
3. PTO transfer shall be limited to forty (40) hours per donor. Such transfer shall be made
on a dollar-for-dollar basis. The worth of the leave shall be adjusted to the pay level of
the donor. Therefore, if the salary of the donor is greater than the recipient’s, one day
of leave from the donor shall result in more than one (1) full day to the recipient.
Conversely, if the salary of the donor is less than the recipient, the one-day of leave
from the donor shall result in less than one full day.
4. Requests for such transfer of PTO must be submitted in writing to the Human Resources
Manager or designee, who shall handle all communications between recipient and
donor. When a donor volunteers such transfer, he/she must first execute a release
document for such transfer that will be kept on file in the Human Resource Department.
5. When a transfer has been finalized in accordance with the rules and approved by the
Human Resources Manager and City Administrator, the Finance Department shall take
necessary accounting action to reflect such transfer.
Earned Sick and Safe Time (ESST)
Eligibility
Earned Sick and Safe Time (ESST) is paid time off provided to employees (including part-time,
paid on call, temporary and seasonal employees) performing at least 80 hours of work in a
calendar year for the City.
Employees only need to qualify for this benefit once (meaning work at least 80 hours), typically
at the time of hire. For example, if a part-time employee who worked 100 hours in one year
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(and thus qualified for ESST since they worked at least 80 hours in the calendar year), but in a
subsequent year worked only 70 hours, the employee would continue to earn ESST in the
second year at the rate of one hour for every 30 hours worked.
Accrual of Earned Sick and Safe Time
Full-Time and Part-Time Benefited Employees
The current PTO policy is less restrictive and more generous than the State’s ESST policy;
therefore, employees on the PTO plan are not eligible for additional time under the City’s ESST
policy.
Part-Time, Seasonal and Temporary Employees
Part-time, seasonal, and temporary employees will accrue one (1) hour of ESST for every 30
hours worked, up to a maximum of 48 hours per year.
Paid On Call Firefighters
Paid on-call firefighters will accrue one (1) hour of ESST for every 30 hours worked, up to a
maximum of 48 hours per year.
• Officers will be required to track and submit hours worked each payroll for duties
performed under the stipend arrangement to ensure proper accrual of ESST.
Paid Board and Commission Members
Meeting hours will be monitored for Board and Commission members who are paid based on
meeting attendance and any member who meets the ESST eligibility requirements will accrue 1
hour of ESST for every 30 hours worked, up to a maximum of 48 hours per year.
City Council Members
Elected Officials are not considered employees under the ESST law and, therefore, will not
accrue ESST.
Earned Sick and Safe Time Use
After 80 hours worked the leave may be used in 15-minute increments for the following
circumstances:
• An employee’s own:
o Mental or physical illness, injury or other health condition
o Need for medical diagnosis, care or treatment, of a mental or physical illness
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o injury or health condition
o Need for preventative care
o Closure of the employee's place of business due to weather or other public
emergency
o The employee's inability to work or telework because the employee is
prohibited from working by the city due to health concerns related to the
potential transmission of a communicable illness related to a public
emergency, or seeking or awaiting the results of a diagnostic test for, or a
medical diagnosis of, a communicable disease related to a public emergency
and the employee has been exposed to a communicable disease or the city has
requested a test or diagnosis.
o Absence due to domestic abuse, sexual assault, or stalking of the employee
provided the absence is to:
o Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
o Obtain services from a victim services organization
o Obtain psychological or other counseling
o Seek relocation or take steps to secure an existing home due to domestic
abuse, sexual assault or stalking
o Seek legal advice or take legal action, including preparing for or participating in
any civil or criminal legal proceeding related to or resulting from domestic
abuse, sexual assault, or stalking
• Care of a family member:
o With mental or physical illness, injury or other health condition who needs
medical diagnosis, care or treatment of a mental or physical illness, injury or
other health condition Who needs preventative medical or health care Whose
school or place of care has been closed due to weather or other public
emergency When it has been determined by health authority or a health care
professional that the presence of the family member of the employee in the
community would jeopardize the health of others because of the exposure of
the family member of the employee to a communicable disease, whether or
not the family member has actually contracted the communicable disease
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o Absence due to domestic abuse, sexual assault or stalking of the employee’s
family member provided the absence is to:
Seek medical attention related to physical or psychological injury or
disability caused by domestic abuse, sexual assault, or stalking
Obtain services from a victim services organization
Obtain psychological or other counseling
Seek relocation or take steps to secure an existing home due to
domestic abuse, sexual assault or stalking
Seek legal advice or take legal action, including preparing for or
participating in any civil or criminal legal proceeding related to or
resulting from domestic abuse, sexual assault, or stalking
o Closure of a family member’s school or care facility due to weather or public
emergency.
o To make arrangements or attend funeral services or a memorial, or address
financial or legal matters arising aft the death of a family member.
• Employees are allowed to supplement, or "top off," any Minnesota Paid Leave (MNPL)
benefit with accrued ESST. If you choose to supplement your MNPL benefits in this
way, the combined weekly sum of MNPL benefits and city-provided paid leave
benefits cannot exceed 100% of your regular wage.
For ESST purposes, family member includes an employee’s:
• Spouse or registered domestic partner;
• Child, foster child, adult child, legal ward, child for whom the employee is legal guardian,
or child to whom the employee stands or stood in loco parentis (in place of parent);
• Sibling, step sibling or foster sibling;
• Biological, adoptive or foster parent, stepparent or a person who stood in loco parentis
(in place of parent) when the employee was a minor child;
• Grandchild, foster grandchild, or step grandchild;
• Grandparent or step grandparent;
• A child of a sibling of the employee (niece or nephew);
• A sibling of the parent of the employee (aunt or uncle);
• A child-in-law or sibling-in-law;
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• Any of the above family members of a spouse or registered domestic partner;
• Any other individual related by blood or whose close association with the employee is
the equivalent of a family relationship;
• Up to one (1) individual annually designed by the employee.
Firefighters unable to respond to a call due to one of the circumstances as noted above are
permitted to use ESST to cover their lost time. Usage of ESST will count towards call percentage
requirements.
Payment of Earned Sick and Safe Time
The hourly rate of ESST pay is the same hourly rate an employee earns from employment with
the City. For employees with multiple positions within the City, the ESST pay amount will be
based on the position in which the employee was scheduled to work when the leave was taken.
ESST is not considered hours worked for the purposes of overtime, or premium pay.
Notice for use of Earned Sick and Safe Time
If the need for ESST is foreseeable, the City requires seven (7) days advance notice in writing or
email to the employee’s supervisor or their designee. However, if the need is unforeseeable,
employees must provide notice in-person or via phone/text of the need for ESST to their
supervisor or their designee as soon as practicable.
When an employee uses ESST for more than two (2) consecutive workdays, the City may
require appropriate supporting documentation (such as medical documentation supporting
medical leave, court records or related documentation to support safety leave). However, if the
employee or employee’s family member did not receive services from a health care
professional, or if documentation cannot be obtained from a health care professional in a
reasonable time or without added expense, then reasonable documentation may include a
written statement from the employee indicating that the employee is using, or used, ESST for a
qualifying purpose. The City will not require an employee to disclose details related to domestic
abuse, sexual assault, or stalking or the details of the employee’s or their family member’s
medical condition.
In accordance with state law, the City will not require an employee using ESST to find a
replacement worker to cover the hours the employee will be absent. Employees can voluntarily
find replacement workers or trade shifts to cover a missed shift.
Unless otherwise noted in the policy, ESST can normally only be used to cover scheduled missed
shifts. Any deviation from this policy must be approved by the Human Resources Manager or
City Administrator.
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Total Accrual and Carry Over of Earned Sick and Safe Time
Employees are eligible to carry over accrued but unused ESST into the following year, but the
total accrual of unused ESST hours shall not exceed 80 hours. ESST will not accrue once an
employee has accrued a balance of 80 hours of unused ESST.
Benefits and Return to Work Protections
During an employee’s use of ESST an employee will continue to receive the City’s employer
insurance contribution as if they were working, provided the employee continues paying for
any share of their insurance premiums.
An employee returning from time off using accrued ESST is entitled to return to their City
employment at the same rate of pay received when their leave began, plus any automatic pay
adjustments that may have occurred during the employee’s time off. Seniority during ESST
absences will continue to accrue as if the employee had not taken ESST.
Termination and Reinstatement of Earned Sick and Safe Time-Rehired Employees
Unused earned ESST is not paid out at termination, resignation, retirement, or other separation
of employment, except as provided below.
When there is a separation from employment with the City and the employee is rehired again
within 180 days of separation, previously accrued ESST that had not been used will be
reinstated. An employee is entitled to use and accrue ESST at commencement of
reemployment.
Retaliation
The City shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting ESST rights, requesting ESST, or pursuing
remedies. Further, use of ESST will not be factored into any attendance point system the City
may use. Additionally, it is unlawful to report or threaten to report a person or a family
member’s immigration status for exercising a right under ESST.
Bereavement Leave
All full-time benefited employees are eligible for bereavement leave equivalent to 100% of the
employee’s wage. Up to five (5) days may be granted with the approval of the Department
Head for absences related to the death of an immediate family member. Immediate family
includes spouse, child or foster child, parents, grandparents, stepparents, stepchildren, and
siblings.
Up to three (3) days will be granted for the death of an aunt, uncle, stepbrother, stepsister, and
in-laws including mother, father, sister, and brother.
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PTO is available for individuals not covered under the bereavement policy.
Employees who use bereavement leave during the year will not be allowed to roll hours into
the MN State HCSP in that same year.
Minnesota Paid Leave- Effective 1/1/26
The City of Monticello provides time off to eligible employees who qualify for Minnesota Paid
Leave (MNPL) benefits under Minnesota law. The city is a participant in the State of
Minnesota’s Paid Leave program.
Premiums
MNPL benefits are funded through premium contributions payable to the State of Minnesota.
The premium cost will be split between the city and employee as follows: The City of
Monticello will pay 50% of the required premium and employees will pay 50% of the premium
through payroll deductions starting January 1, 2026. The city is responsible for sending
premiums to the State on behalf of all employees.
Eligibility
Eligibility determinations for MNPL benefits are made by the State of Minnesota. Generally, to
be eligible for MNPL, you must:
• Work at least 50% of the time from a location in Minnesota, including employees who
work from home or spend time in other states occasionally.
• Meet the financial eligibility requirements by having earned over a specific amount of
wages as defined under Minnesota law at the time of your requested leave.
Benefit Amount
An employee's weekly benefits are calculated and determined by the State. A benefits
calculator is available on the MNPL website (paidleave.mn.gov) to help employees estimate
their premium costs and available benefit.
Definitions
• Family member includes:
o Spouse or partner
o Child (including biological, adopted, step, or foster children, or a child you raise
even if you are not legally related)
o Parent or person who raised you
o Sibling
o Grandchild or grandparent
o In-laws (including son, daughter, father, or mother)
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o Anyone close to you who depends on you like family, even if not related by
blood
• A serious health condition means a physical or mental illness, injury, impairment,
condition, or substance use disorder. Taking care of yourself for this serious condition
may involve evaluation, treatment, inpatient care, recovery, or not being able to perform
regular work, attend school, or do regular daily activities. This includes childbirth,
conditions related to pregnancy, or surgery.
Leave Entitlement and Usage
The State of Minnesota may approve MNPL leave for the following conditions in a benefit year:
• Up to 12 weeks of medical leave (for yourself) to take care for your own serious health
condition, including pregnancy, childbirth, recovery, or surgery.
• Up to 12 weeks of family leave to:
o Bond with a child through birth, adoption, or foster placement
o Care for a family member with a serious health condition
o Support a military family member called to active duty
o Respond to issues related to domestic violence, sexual assault for yourself or a
family member
You can take both types of leave in the same year, but you cannot exceed 20 weeks total within
a single benefit year. For example, an employee may be entitled to 12 weeks of family leave to
bond with a child and another 8 weeks of medical leave for their serious health condition. Your
benefit year starts the first day you take Paid Leave. There is no waiting period for MNPL if you
are granted the benefit.
MNPL Intermittent Leave
Employees may apply for intermittent leave in most cases, provided the leave is reasonable and
appropriate to the needs of the individual requiring care.
Eligibility
In addition to the other eligibility requirements under the MN Paid Leave law, employees
seeking intermittent leave must have at least eight (8) hours of accumulated leave (unless more
than 30 days have lapsed since taking the initial leave).
Notice
In situations where employees seek MNPL on an intermittent basis, employees must make a
reasonable effort to provide written notice to the Human Resources Manager or their designee
and their supervisor of the need for intermittent leave before applying for benefits through the
Paid Leave program. As part of the notice, employees must provide the city with the following:
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1. Proposed intermittent leave schedule, making reasonable effort to schedule leave so as
not to unduly disrupt the City’s operations; and
2. Completed certification from a health care provider identifying the leave as necessary
and a reasonable estimate of the frequency and duration and treatment schedule for
the leave.
Increments of Leave & Maximum Number of Hours
Consistent with other forms of leave provided by the city, employees may take intermittent
leave in increments of 15 minutes. If eligible for intermittent leave, the city allows a maximum
of 480 hours of intermittent leave in any 12-month period. After reaching the maximum
amount of allowed intermittent leave, employees may request continuous MNPL provided the
continuous leave does not exceed the maximum amount of MNPL allowed by law.
Notice Requirement
Prior to starting a MNPL claim with the State, employees should reach out to their supervisor
and the Human Resources Manager or their designee to notify them of your intention to take
leave. If the need is foreseeable, you must provide notice verbally or in writing at least 30 days
prior to taking leave. If the leave is not foreseeable you may still be able to take leave under
MNPL, but you must provide as much notice as practicable, as defined in Minn. Stat. 268B.085,
subd. 1(b).
If the employee fails to provide sufficient notice to the City of their need for MNPL, the City
may dispute the employee’s MNPL claim upon receipt of the employee’s individual attestation
from the State.
How to Apply for Minnesota Paid Leave
1. Notify your supervisor and the Human Resources Manager or their designee.
2. Apply with the State. You will be able to apply for MNPL at paidleave.mn.gov.
You can also apply over the phone if needed.
After you apply, you will receive a determination from Paid Leave, which is the official decision
from the program about whether your application was approved or denied.
If you are approved for Paid Leave, the payment will be sent to the bank account or prepaid
debit card selected in your application.
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Extending/Changing Leave or Terminating Leave Early
If an employee intends to end their leave before the approved leave period, they must provide
notice at least two business days in advance where foreseeable or as soon as practicable.
If any employee intends to extend their approved leave period, change an approved
intermittent leave schedule, change from an intermittent leave schedule to a continuous leave
schedule, or change from a continuous leave schedule to an intermittent leave schedule, the
employee must provide notice in advance as soon as practicable prior to the expiration of the
approved leave period or schedule.
Interaction with Other Laws and Benefits
MNPL will run concurrently with leave taken for the same purpose under the Family and
Medical Leave Act (FMLA) and/or Minnesota Women’s Economic Security Act (WESA)
pregnancy and parenting leave.
Supplementing MNPL Benefits with Accrued Paid Leave
If you are receiving MNPL benefits, the city allows you to supplement, or "top off" your MNPL
benefits with accrued PTO, ESST, compensatory time, and EMB (available after 40 hours of
PTO). If you choose to supplement your MNPL benefits in this way, the combined weekly sum
of MNPL benefits and city-provided paid leave benefits cannot exceed 100% of your regular
wage.
Maintaining Health Coverage During Leave
Unless the employee revokes coverage while on MNPL, the city will continue to provide group
health insurance coverage for an employee on MNPL under the same conditions as the
coverage was provided before the employee took leave. You must continue to make timely
payments of your share of the premiums for such coverage. If you are not using paid time off to
cover part or all of the leave, you will be responsible for remitting your portion of health
premiums to the city in order to ensure continuation of benefits.
The employee will be required to continue payment of the employee portion of group
insurance coverage while on leave. An employee’s share of premium payments for their group
health insurance coverage may, at the employee’s option be:
1. Prepaid at or before the start of the leave through payroll deduction;
2. Paid while on leave via check every 30 days or for the duration that the employee is on
leave; or
3. Postpaid after the leave has ended on agreed upon amounts via payroll deduction.
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Group health insurance may be cancelled if an employee’s premium payment is 30 days late.
Before terminating coverage, the city will provide written notice to the employee at least 15
days before the coverage is terminated listing the final date payment is due (30 days past the
due date) to avoid cancellation and the date coverage will end if payment is not received.
Coverage that lapses due to nonpayment of premiums will be reinstated immediately upon
return to work without a waiting period.
Reinstatement
Upon return from covered MNPL, you will be reinstated to your previous position or to an
equivalent position, with the same status, pay, employment benefits, length-of-service credit,
and seniority credit as of the date your leave began as long as you have worked for the city for
a minimum of 90 calendar days.
Upon return to work, if it becomes evident that the employee is unable to perform the key
essential functions of their position (with or without reasonable accommodation), the city may
engage in an interactive process, consistent with the American with Disability Act (ADA) and/or
Minnesota Human Rights Act (MHRA) and other applicable workplace policies, including
workplace safety protocols, to determine appropriate next steps.
Retaliation
The city will not interfere or retaliate against employees who request or take leave in
accordance with the MN Paid Leave law.
Family and Medical Leave
Eligibility
To qualify to take Family and Medical Leave (FMLA) leave under this policy, an employee must
meet all the following conditions:
1. Has worked for the City for 12 months (or 52 weeks) prior to the date the leave is to
commence. The 12 months or 52 weeks need not have been consecutive; however, the
city will not consider any service 7 years prior to the employee’s most recent hire date.
2. Has worked at least 1,250 hours during the 12-month period prior to the date when the
leave is requested to commence. The principles established under the Fair Labor
Standards Act (“FLSA”) determine the number of hours worked by an employee.
Types of Leave Covered by FMLA
Leave will be granted to all eligible employees for any of the following reasons:
• The birth of a child, including prenatal care, or placement of a child with the
employee for adoption or foster care;
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• To care for a spouse, child, or parent who has a serious health condition;
• Due to a serious health condition that makes the employee unable to perform
the essential functions of the position;
• A covered military member’s active duty or call to duty or to care for a covered
military member (Military Caregiver and Qualified Exigency Leave-described
below).
Pay During FMLA Designated Leave
If you are receiving MNPL benefits while you are out on designated FMLA, you may
supplement, or "top off," your MNPL benefits with paid leave including PTO, ESST,
compensatory time, or EMB (after 40 hours of PTO) leave. If you choose to supplement your
MNPL benefits in this way, the combined weekly sum of MNPL benefits and employer-provided
paid leave benefits cannot exceed 100% of your regular wage.
Employees who are NOT receiving MNPL benefits while on an FMLA qualified leave are required
to use PTO, and any compensatory time earned prior to taking unpaid FMLA leave. Employees
have the option to retain a maximum balance of 40 hours combined PTO and compensatory
time for use when they return from leave.
Definitions
“Spouse” does not include domestic partners or common-law spouses.
“Caring for” a covered family member includes psychological as well as physical care. It also
includes acquiring care and sharing care duties. An eligible “child,” with some exceptions, is
under 18 years of age.
An eligible “parent” includes a biological parent or a person who stood in the place of a parent
“Serious Health Condition” means an illness, injury, impairment, or physical or mental
condition that involves one of the following:
• Hospital Care: Any period of incapacity or treatment connected with inpatient care (i.e.,
an overnight stay) in a hospital, hospice, or residential medical care facility;
• Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or
childbirth;
• Absence Plus Treatment: A period of incapacity of more than three (3) consecutive
calendar days that also involves continuing treatment by or under the supervision of a
health care provider.
• Chronic Conditions Requiring Treatments: An incapacity from a chronic condition which
requires periodic visits for treatment by a health care provider, continues over an
extended period of time, and may cause episodic rather than a continuing period of
incapacity;
• Permanent/Long-Term Conditions Requiring Supervision
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• Multiple Treatments: Any period of absence to receive multiple treatments (including
any period of recovery therefrom) by a health care provider or by a provider of health
care services under orders of, or on referral by, a health care provider.
Length and Amount of Leave
The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period.
The leave year is calculated based on a 12-month period measured forward from the first date
an employee takes FMLA leave.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve
(12) months after the birth or placement of that child.
How Leave May Be Taken
FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently (a day
periodically when needed), or may be used to reduce the workweek or workday, resulting in a
reduced hour schedule. In all cases, the leave may not exceed a total of 12 work weeks.
Intermittent leave may be taken when medically necessary for the employee’s serious health
condition or to care for a seriously ill family member. Intermittent leave must be documented
in the medical certification form as medically necessary.
If an employee is taking intermittent leave or leave on a reduced schedule for planned medical
treatment, the employee must make a reasonable effort to schedule the treatment so as not to
disrupt the city’s business.
In instances when intermittent or reduced schedule leave for the employee or employee's
family member is foreseeable or is for planned medical treatment, including recovery from a
serious health condition, the city may temporarily transfer an employee to an available
alternative position with equivalent pay and benefits if the alternative position would better
accommodate the intermittent or reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed
adopted or foster care child only with the city’s approval.
Procedure for Requesting Leave and Notice
All employees requesting FMLA leave must provide written or verbal notice of the need for the
leave to their Supervisor and the Human Resources Department.
When the need for the leave is foreseeable, the employee must give verbal or written notice at
least 30 days prior to the date on which leave is to begin.
If 30 days’ notice cannot be given, the employee is required to give as much notice as
practicable, including following required call-in procedures.
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The City requires an employee on FMLA leave to report periodically on the employee’s status
and intent to return to work.
Certification and Documentation Requirements
For leave due to an employee’s serious health condition or that of an employee’s family
member, the city will require the completion of a Medical Certification form by the attending
physician or practitioner. The form must be submitted by the employee to the Human
Resources Manager within fifteen (15) calendar days after leave is requested. If the form is not
submitted in a timely fashion, the employee must provide a reasonable explanation for the
delay. Failure to provide medical certification may result in a denial or delay of the leave.
When leave is due to an employee’s own serious health condition, a fitness for duty
certification (FFD) will be required before an employee can return to work. Failure to timely
provide such certification may eliminate or delay an employee’s right to reinstatement under
the FMLA.
If an employee is using intermittent leave and reasonable safety concerns exist regarding the
employee’s ability to perform his or her duties, a FFD certificate may be required as frequently
as every 30 days during periods when the employee has used intermittent leave.
Recertification of leave may be required if the employee requests an extension of the original
length approved by the city or if the circumstances regarding the leave have changed.
Recertification may also be required if there is a question as to the validity of the certification
or if the employee is unable to return to work due to the serious health condition.
Second and Third Medical Opinions
The City may require an employee obtain a second opinion from a provider which the city
selects. If necessary to resolve a conflict between the original certification and the second
opinion, the city may require the opinion of a third doctor. This third opinion will be considered
final. An employee will be provisionally entitled to leave and benefits under the FMLA pending
the second and/or third opinion.
Annual Medical Certification and Recertification
Where the employee's need for leave due to the employee's own serious health condition lasts
beyond a single leave year, the city will require employees to provide a new medical
certification in each subsequent leave year.
Reinstatement
Employees returning from Family and Medical Leave will be reinstated in their former position
or a position equivalent in pay, benefits and other terms and conditions of employment. An
employee's reinstatement rights are the same as they would have been had the employee not
been on leave. Thus, if an employee's position had been eliminated or an employee would have
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been terminated but for the leave, the employee would not have the right to be reinstated
upon return from leave.
Upon return to work, if it becomes evident that the employee is unable to perform the key
essential functions of their position (with or without reasonable accommodation), the city may
engage in an interactive process, consistent with the American with Disability Act (ADA) and/or
Minnesota Human Rights Act (MHRA) and other applicable workplace policies, including
workplace safety protocols, to determine appropriate next steps.
Maintaining Group Health Insurance and Other Benefits During Leave
Unless the employee revokes coverage while on FMLA leave, the city will continue to provide
group insurance coverage for an employee on FMLA leave under the same conditions as the
coverage was provided before the employee took leave. You must continue to make timely
payments of your share of the premiums for such coverage. If you are not using paid time off to
cover part or all of the leave, you will be responsible for remitting your portion of health
premiums to the city in order to ensure continuation of benefits.
The employee will be required to continue payment of the employee portion of group
insurance coverage while on leave. An employee’s share of premium payments for their group
health insurance coverage may, at the employee’s option be:
1. Prepaid at or before the start of the leave through payroll deduction;
2. Paid while on leave via check every 30 days or for the duration that the employee is on
leave; or
3. Postpaid after the leave has ended on agreed upon amounts via payroll deduction.
Group health insurance may be cancelled if an employee’s premium payment is 30 days late.
Before terminating coverage, the city will provide written notice to the employee at least 15
days before the coverage is terminated listing the final date payment is due (30 days past the
due date) to avoid cancellation and the date coverage will end if payment is not received.
Coverage that lapses due to nonpayment of premiums will be reinstated immediately upon
return to work without a waiting period.
If there are changes in the city's contribution levels while the employee is on leave, those
changes will take place as if the employee were still on the job.
Interaction with Other Laws and Benefits
FMLA will run concurrently with any leave and/or wage supplement for which you may be
eligible for under local, state, or federal law which may include MNPL and/or Minnesota
Women’s Economic Security Act (WESA) Pregnancy and Parenting leave.
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Failure to Return to Work After FMLA Leave
Except when the employee is also receiving MNPL benefits, under certain circumstances, if the
employee does not return to work at the end of the FMLA leave for at least 30 calendar days,
the city may require the employee to repay the portion of the monthly cost paid by the city for
group health plan benefits. The city may also require the employee to repay any amounts the
city paid on the employee’s behalf to maintain benefits other than group health plan benefits.
FMLA- Qualified Exigency and Military Caregiver Leave
Qualified Exigency
Eligible employees (described above) whose spouse, son, daughter, or parent either has been
notified of an impending call or order to covered active military duty or who is already on
covered active duty may take up to 12 weeks of leave for reasons related to or affected by the
family member’s call-up or service.
The qualifying exigency must be one of the following: (1) short-notice deployment; (2) military
events and activities; (3) childcare and school activities; (3) financial and legal arrangements; (5)
counseling; (6) rest and recuperation; (7) post-deployment activities; (8) parental care; or (9)
additional activities that arise out of active duty, provided that the employer and employee
agree, including agreement on timing and duration of the leave.
Military Caregiver Leave
An employee eligible for FMLA leave (described above) who is the spouse, son, daughter,
parent, or next of kin of a covered servicemember may take up to 26 weeks in a single 12-
month period to care for that servicemember.
The family member must be a current member of the Armed Forces (including a member of the
National Guard or Reserves), who has a serious injury or illness incurred in the line of duty on
active duty for which he or she is undergoing medical treatment, recuperation, or therapy, or
otherwise is on outpatient status or on the temporary disability retired list. Eligible employees
may not take leave under this provision to care for former members of the Armed Forces,
former members of the National Guard and Reserves, or members on the permanent disability
retired list.
DEFINITIONS
A “son or daughter of a covered servicemember” means the covered servicemember’s
biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered
servicemember stood in loco parentis, and who is of any age.
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A “parent of a covered servicemember” means a covered servicemember’s biological,
adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to
the covered servicemember. This term does not include parents “in law.”
The “next of kin of a covered servicemember” is the nearest blood relative, other than the
covered servicemember’s spouse, parent, son, or daughter, in the following order of priority:
blood relatives who have been granted legal custody of the servicemember by court decree or
statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins,
unless the covered servicemember has specifically designated in writing another blood relative
as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.
When no such designation is made, and there are multiple family members with the same level
of relationship to the covered servicemember, all such family members shall be considered the
covered servicemember’s next of kin and may take FMLA leave to provide care to the covered
servicemember, either consecutively or simultaneously. When such designation has been
made, the designated individual shall be deemed to be the covered servicemember’s only next
of kin.
“Covered active duty” means:
• “Covered active duty” for members of a regular component of the Armed Forces means
duty during deployment of the member with the Armed Forces to a foreign country.
• “Covered active duty” for members of the reserve components of the Armed Forces
(members of the U.S. National Guard and Reserves) means duty during deployment of
the member with the Armed Forces to a foreign country under a call or order to active
duty in a contingency operation as defined in section 101(a)(13)(B) of Title 10 of the
United States Code.
“Covered servicemember” means:
• An Armed Forces member (including the National Guard or Reserves) undergoing
medical treatment, recuperation, or therapy or otherwise in outpatient status or on the
temporary disability retired list, for a serious injury or illness”; or
• A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed Forces (including a member of the
National Guard or Reserves) at any time during the period of 5 years preceding the date
on which the veteran undergoes that medical treatment, recuperation, or therapy.
“Serious injury or illness” means:
• In the case of a member of the Armed Forces (including a member of the National Guard
or Reserves), means an injury or illness that was incurred by the member in line of duty
on active duty in the Armed Forces (or existed before the beginning of the member’s
active duty and was aggravated by service in line of duty on active duty in the Armed
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Forces) and that may render the member medically unfit to perform the duties of the
member’s office, grade, rank, or rating; and
• In the case of a veteran who was a member of the Armed Forces (including a member of
the National Guard or Reserves) at any time during a period when the person was a
covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury
or illness incurred by a covered servicemember in the line of duty on active duty that
may render the servicemember medically unfit to perform the duties of his or her office,
grade, rank or rating.
Amount of Leave- Qualified Exigency
An eligible employee can take up to 12 weeks of leave for a qualified exigency under the FMLA.
Amount of Leave- Military Caregiver
An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during
a “single 12-month period.” The “single 12-month period” begins on the first day the eligible
employee takes FMLA leave to care for a covered servicemember and ends 12 months after
that date.
Leave taken for any FMLA reason counts towards the 26-week entitlement. If an employee
does not take all 26 workweeks of leave to care for a covered servicemember during this “single
12-month period,” the remaining part of the 26 workweeks of leave entitlement to care for the
covered servicemember is forfeited. 29 C.F.R. § 825.127(e)(1) (2017).
Certification of Qualifying Exigency for Military Family Leave
The city will require certification of the qualifying exigency for military family leave. The
employee must respond to such a request within 15 days of the request or provide a
reasonable explanation for the delay. Failure to provide certification may result in a denial of
continuation of leave. This certification will be provided using the DOL Certification of
Qualifying Exigency for Military Family Leave.
Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave
The city will require certification for the serious injury or illness of the covered service member.
The employee must respond to such a request within 15 days of the request or provide a
reasonable explanation for the delay. Failure to provide certification may result in a denial of
continuation of leave. This certification will be provided using the DOL Certification for Serious
Injury or Illness of Covered Servicemember.
All other provisions of the FMLA policy, including Use of Paid Leave, Employee Status and
Benefits During Leave, Procedure for Requesting Leave, and Benefits During Leave and
Reinstatement, are outlined above in the FMLA policy.
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Minnesota Pregnancy and Parenting Leave
Overview and Eligibility
All employees are entitled to take an unpaid pregnancy and/or parenting leave of absence under the
Minnesota Women’s Economic Security Act (WESA). Female employees for prenatal care, or incapacity
due to pregnancy, childbirth, or related health conditions as well as a biological or adoptive parent in
conjunction with the birth or adoption of a child, are eligible for up to 12 weeks of unpaid leave. Any
paid or unpaid leave taken for prenatal care medical appointments will not count toward the 12-week
leave.
Additionally, leave under this section must begin within twelve months of 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 should provide reasonable notice,
which is at least thirty (30) days. If the leave must be taken in less than thirty (30) days, the employee
should give as much notice as practicable.
Interaction with Other Laws and Benefits
Leave under this section runs concurrently with any leave and/or wage supplement for which
you may be eligible for under local, state, or federal law which may include MN Paid Leave
(MNPL) and/or FMLA leave.
Employees may choose, but are not required, to use any accrued paid leave during this leave.
When the employee is also receiving MNPL benefits, the combined weekly sum of MNPL
benefits and any city-provided paid leave benefits cannot exceed your Individual Average
Weekly Wage (IAWW). For more information, contact the Human Resources Department.
Job Reinstatement
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 the leave.
Group insurance coverage, including any employer contributions toward the benefits, will
continue while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act,
provided the employee continues to pay any employee share of the cost of the benefits.
The city will inform employees of their parental leave rights at the time of hire and when an
employee makes an inquiry about or requests parental leave.
An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting parental leave rights or remedies.
Military Leave
State and federal laws provide protections and benefits to city employees who are called to
military service, whether in the reserves or on active duty. Such employees are entitled to leave
of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the
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employee is engaged in training or active service not exceeding a total of fifteen (15) workdays
in any calendar year. City compensation is in addition to the military’s pay for these 15 days, as
per MN Attorney General’s Opinion.
The leave of absence is only in the event the employee returns to employment with the city as
required upon being relieved from service or is prevented from returning by physical or mental
disability or other cause not the fault of the employee or is required by the proper authority to
continue in military or naval service beyond the fifteen-day paid leave of absence. Employees
on extended unpaid military leave will receive fifteen (15) days paid leave of absence in each
calendar year, not to exceed five (5) years.
Where possible, notice is to be provided to the city at least ten (10) working days in advance of
the requested leave. A training notice, signed orders, or battle assembly schedule are examples
of typical written notification to share with the city. If an employee has not yet used his/her
fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed
for the active-duty time, prior to the unpaid leave of absence.
Employees returning from military service will be reemployed in the job that they would have
attained had they not been absent for military service and with the same seniority, status and
pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be
considered hours worked for the purpose of leave accruals.
Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen
(15) days will follow the same procedures as for any employee on unpaid leave of absence.
Military Leave for Family Members
The city will not discharge from employment or take adverse employment action against an
employee because an immediate family member is in the military forces of the United States or
Minnesota. Nor will the city discharge from employment or take adverse employment action
against an employee because they attend departure or homecoming ceremonies for deploying
or returning personnel, family training or readiness events or events held as part of official
military reintegration programs. Employees may substitute paid leave if they choose to do so.
Unless the leave would unduly disrupt the operations of the city, employees whose immediate
family member, as a member of the United States armed forces has been ordered into active
service in support of a war or other national emergency, will be granted an unpaid leave of
absence, not to exceed one (1) day’s duration in any calendar year, to attend a send-off or
homecoming ceremony for the mobilized service member.
Military Leave for Family Member Injured or Killed in Active Service
Employees will be granted up to ten (10) working days of unpaid leave whose immediate family
member (defined as a person’s parent, child, grandparents, siblings or spouse) is a member of
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the United States armed forces who has been injured or killed while engaged in active service.
The ten (10) days may be reduced if an employee elects to use appropriate accrued paid leave.
Civil Air Patrol
The city will grant employees unpaid leave of absence for time spent serving as a member of
the Civil Air Patrol upon request and authority of the State or any of its political subdivisions,
unless the absence would unduly disrupt the operations of the city. Employees may choose to
use paid time on Civil Air Patrol Leave but are not required to do so.
Jury Duty
Full-time employees shall be granted paid leaves of absence for required jury duty. Any
compensation received for jury duty; minus mileage, must be turned over to the Finance
Department. Employees shall report a full day’s work (usually 8 hours) on their timesheet for
payroll purposes. Time spent on jury duty shall not be counted as time worked in computing
overtime.
Employees excused or released from jury duty during their regular working hours shall report to
their regular work duties as soon as reasonably possible or will take PTO or compensatory time
to make up the difference.
Employees shall notify their supervisor as soon as possible after receiving notice to report for
jury duty. The employee will be responsible for ensuring that a report of time spent on jury
duty and pay form is completed by the clerk of court so the city will be able to determine the
amount of compensation due for the period involved.
Part-time, seasonal, and temporary employees are not eligible for compensation for absences
due to jury duty.
Court Appearances
Employees will be paid their regular wage to testify in Court only 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 (if personal vehicle used),
must be turned over to the Finance Department.
Victim or Witness Leave
An employer must allow a victim or witness, who is subpoenaed or requested by the prosecutor
to attend court for the purpose of giving testimony to attend criminal proceedings related to
the victim’s case. Additionally, a victim of a violent crime, as well as the victim’s spouse or
immediate family member (immediate family member includes parent, spouse, child or sibling
of the employee) may have reasonable time off from work to attend criminal proceedings
related to the victim’s case. An employee must give 48 hours advance notice to the city of their
need to be absent unless it is impracticable, or an emergency prevents them from doing so. The
city may request verification that supports the employee’s reason for being absent from the
workplace.
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Job Related Injury or Illness
All employees are required to report any job-related illnesses or injuries to their supervisor
immediately (no matter how minor). If a supervisor is not available and the nature of injury or
illness requires immediate treatment, the employee is to go to the nearest available medical
facility for treatment and, as soon as possible, notify his/her supervisor of the action taken. In
case of a serious emergency, 911 should be called.
If the injury is not of an emergency nature, but requires medical attention, the employee will
report it to the supervisor and make arrangements for a medical appointment.
Workers’ compensation benefits and procedures to return to work will be applied according to
applicable state and federal laws.
School Conference Leave
Any employee may take unpaid leave for up to a total of sixteen (16) hours during any 12-
month period to attend school conferences or classroom activities related to the employee’s
child (under 18 or under 20 and still attending secondary school), provided the conference or
classroom activities cannot be scheduled during non-work hours. When the leave cannot be
scheduled during non-work hours and the need for the leave is foreseeable, the employee must
provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave
so as not to disrupt unduly the operations of the city. Employees may choose to use paid leave
for this absence but are not required to do so.
Bone Marrow/Organ Donation Leave
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 or an organ. The 40 hours is over and above the amount of accrued time the employee
has earned.
The city may require a physician’s verification of the purpose and length of the leave requested
to donate bone marrow or an organ. If there is a medical determination that the employee
does not qualify as a bone marrow or organ donor, the paid leave of absence granted to the
employee prior to that medical determination is not forfeited.
The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting bone marrow or organ donation leave right or
remedies.
Adoptive Parents
Adoptive parents will be given the same opportunities for leave as biological parents (see
provisions for Parenting Leave). The leave must be for the purpose of arranging the child’s
placement or caring for the child after placement. Such leave must begin before or at the time
of the child’s placement in the adoptive home.
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Athletic Leave of Absence
An employee who qualifies as a member of the United States team for athletic competition on
the world championship, Pan American, or Olympic team in a sport sanctioned by the
International Olympic Committee, shall be granted a leave of absence without loss of pay or
other benefits for the purpose of preparing for and engaging in the competition.
In no event shall the paid leave exceed the period of official training camp and competition
combined, or 90 calendar days a year, whichever is less. The employee shall provide
documentation establishing their participation on said team and in said event.
Elections/Voting
An employee selected to serve as an election judge pursuant to Minnesota law will be allowed
time off with pay for purposes of serving as an election judge, provided the employee gives the
city at least twenty days (20) written notice, including a certification from the appointing
authority stating the hourly compensation to be paid the employee for service as an election
judge and the hours during which the employee will serve.
The city may reduce the wages of an employee serving as an election judge by the amount paid
to the election judge by the appointing authority during the time the employee was absent
from the place of employment. Thus, employees will be paid the difference between their pay
as an election judge and their regular rate of pay for their normal workday.
The city reserves the right to restrict the number of employees absent from work for the
purpose of serving as an election judge to no more than 20 percent of the total work force at
any single worksite.
All employees eligible to vote at a State general election, at an election to fill a vacancy in the
office of United States Senator or Representative, or in a Presidential primary, will be allowed
time off with pay to vote on the election day. Employees wanting to take advantage of such
leave are required to work with their supervisors to avoid coverage issues.
Employees may be absent from work for the time necessary to vote to include voting during the
period allowed for voting in person before election day.
Leave for Service in an Elective Office
In accordance with Minnesota Statutes, an unpaid leave of absence shall be granted to an
employee elected to the state legislature or full-time city or county office in Minnesota. An
employee on such leave shall be reinstated to his/her position or a position with like seniority,
status and pay scale if the following requirements are met:
1. That position has not been abolished or if the position was of a limited term, that term
has not expired.
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2. The employee makes written application for reinstatement to the City within 30 days
after the last legislative day in a calendar year or, in the case of an elected city or county
official, within 30 days after the expiration of the term to which he/she was elected.
3. The request for reinstatement is made not later than ten (10) years after the granting of
the leave.
Delegates to Party Conventions
An employee may be absent from work to attend any meeting of the state central committee
or executive committee of a major political party if the employee is a member of the
committee. The employee may attend any convention of a major political party delegates,
including meetings of official convention committees if the employee is a delegate or an
alternate delegate to that convention.
Per the statutory requirement, the employee must give at least ten (10) days written notice of
their planned absence to attend committee meetings or conventions. Time away from work for
this purpose will be considered unpaid unless the employee chooses to use PTO or
compensatory time for their absence.
Regular Leave Without Pay
This section sets forth policy regarding leave without pay. Nothing in this policy shall limit the
City’s authority to make additional reasonable accommodations as may be necessary and which
do not result in hardship to the City.
1. To qualify for leave without pay, a full-time employee must normally use all earned PTO,
and compensatory time prior to taking unpaid leave, except when state or federal law
prohibits it. If the leave qualifies under the Parenting Leave or Family Medical Leave Act
(FMLA), the employee may retain a balance of forty (40) hours when going on unpaid
leave. Any exceptions must be approved by the City Administrator.
2. The City Administrator may authorize leave without pay for up to thirty (30) days. Leave
of absences for greater periods may be granted by the City Administrator with the
Personnel Committee’s approval, to a maximum of six (6) months. Employees are not
eligible for leave of absences beyond six (6) months – including paid and unpaid leave
time combined. Any leave extending beyond six (6) months will be considered a
voluntary termination of employment.
3. If an employee is not working any hours, the employee will not accrue holidays, PTO,
ESST or other paid leave benefits while on regular leave without pay. Employees who
are working reduced hours while on this type of leave will accumulate PTO, ESST and
holiday pay equal to part-time employees as allowed based on hours worked (i.e., if
working 30 or more hours per week). Leave without pay of 30 days or more will not
count toward seniority, except when state or federal law requires it.
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4. Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons
other than qualified Parenting Leave or FMLA, are not guaranteed return to their
original position. If their original position or a position of similar or lesser status is
available, it may be offered at the discretion of the city administrator subject to
approval of the City Council.
Administrative Leave
Under special circumstances, the City Administrator may place an employee on administrative
leave pending the outcome of an internal or external investigation. The leave may be paid or
unpaid, depending on the circumstances, as determined by the City Administrator.
Light Duty/Modified Duty Assignments
This policy is to establish guidelines for temporary assignment of work to temporarily disabled
employees who are medically unable to perform their regular work duties. Light duty is
evaluated on a case-by-case basis. This policy does not guarantee assignment to light duty.
Such assignments are for short-term, temporary disability-type purposes; assignment of light
duty is at the discretion of the City Administrator with input from the Human Resources
Manager and the employee’s supervisor. The City Administrator reserves the right to determine
when and if light duty work will be assigned.
When an employee is unable to perform the essential requirements of his/her job due to a
temporary disability, he/she will notify the supervisor in writing as to the nature and extent of
the disability and the reason why he/she is unable to perform the essential functions, duties,
and requirements of the position. This notice must be accompanied by a physician’s report
containing a diagnosis, current treatment, and any work restrictions related to the temporary
medical condition.
The notice must include the expected time frame regarding return to work with no restrictions,
meeting all essential requirements and functions of the city’s job description along with a
written request for light duty. Upon receipt of the written request, the supervisor is to forward
a copy of the report to the Human Resources Manager. The city may require a medical exam
conducted by a physician selected by the city to verify the diagnosis, current treatment,
expected length of temporary disability, and work restrictions.
If the city offers a light duty assignment to an employee who is out on workers’ compensation
leave, the employee may be subject to penalties if he/she refuses such work. The city will not,
however, require an employee who is otherwise qualified for protection under the Family and
Medical Leave Act to accept a light duty assignment.
The circumstances of each disabled employee performing light duty work will be reviewed
regularly. Any light duty/modified work assignment may be discontinued at any time.
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Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy
The city will attempt to provide a female employee who requests reasonable accommodation
with the following for her health conditions related to her pregnancy or childbirth without
advice of a licensed health care provider or certified doula:
1. More frequent restroom, food, and water breaks;
2. Seating; and/or
3. Limits on lifting over 20 pounds.
Additionally, an employer must provide reasonable accommodations to an employee for health
conditions related to pregnancy or childbirth upon request, with the advice of a licensed health
care provider or certified doula, unless the employer demonstrates that the accommodation
would impose an undue hardship on the operation of the employer's business. In accordance
with state law, no employee is required to take a leave of absence for a pregnancy nor accept
pregnancy accommodation.
An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting reasonable accommodations pregnancy rights or
remedies.
Impact of Leaves of Absence on Health Coverage and other Benefits
The city shall continue to contribute its specified share of the monthly insurance premiums for
any eligible full-time or regular part-time benefit-earning employee while on a job protected
and/or paid leave from the city.
Typically, employee benefits will not be earned by an employee while on leave without pay.
However, the city’s contribution toward health, dental, life, and disability insurance may be
continued if approved by the Personnel Committee, for leaves of up to ninety (90) days when
the leave is for medical reasons and FMLA and MNPL have been exhausted. 16.0 Discipline
General Policy
City employees shall be subject to disciplinary action for failing to fulfill their duties and
responsibilities, including observance of work rules, codes of conduct and policies adopted by
the city. Supervisors and employees are responsible for ensuring compliance with city
standards of employee conduct. The city reserves the right to use discretion in applying this
policy as circumstances warrant.
The reporting of misconduct and prevention of the escalation of misconduct are areas that
demand all employees to exercise courage, integrity, and decisiveness. When a non-supervisory
employee becomes aware of possible misconduct by another city employee, the employee shall
immediately notify a supervisor.
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Furthermore, an employee who observes serious misconduct shall take appropriate action to
cause the misconduct to immediately cease. The fact that a supervisor is not present or is not
taking appropriate action to stop the serious misconduct does not relieve other employees
present from this obligation.
It is the policy of the city to administer discipline without discrimination. Disciplinary action
shall be for cause. The city shall normally investigate any allegation on which disciplinary action
might be based before any disciplinary action is taken.
Specific reasons for discipline and dismissal are too numerous to describe in total in these
policies. Lack of a specific listing of reasons shall in no way limit the city from acting deemed
appropriate for a specific offense.
Process
The city may elect to use progressive discipline with any employee. There may be
circumstances that warrant deviation from the suggested order or where progressive discipline
is not appropriate. Nothing in this article or these personnel policies implies that any City
employee has a property right to the job they perform.
Types of Disciplinary Actions
Oral Reprimand
This measure will be used for minor issues where personal coaching discussions have not
resolved the matter. All supervisors can issue oral reprimands without prior approval.
Oral reprimands are normally given for first infractions on minor offenses to clarify expectations
and put the employee on notice that the performance or behavior needs to change, and what
the change must be. The supervisor will document the oral reprimand including date(s) and a
summary of discussion and corrective action needed.
Written Reprimand
A written reprimand is more serious and may follow an oral reprimand when the problem is not
corrected, or the behavior has not consistently improved in a reasonable period of time.
Serious infractions may require skipping either the oral or written reprimand, or both. Written
reprimands are issued by the supervisor with prior review and approval by the Human
Resources Manager.
A written reprimand will: (1) state what happened; (2) state what should have happened; (3)
identify the policy, directive or performance expectation that was not followed; (4) provide
history, if any, on the issue; (5) state goals, including timetables, and expectations for the
future; and (6) indicate consequences of recurrence.
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Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees’
signatures do not mean the employee agrees with the reprimand. Written reprimands will be
placed in the employee’s personnel file.
Suspension With or Without Pay
The City Administrator may suspend an employee without pay for disciplinary reasons.
Suspension without pay may be followed with immediate dismissal as deemed appropriate by
the City Council, except in the case of veterans. Qualified veterans, who have completed their
initial probationary period, will not be suspended without pay in conjunction with a
termination.
The employee will be notified in writing of the reason for the suspension either prior to the
suspension or shortly thereafter. A copy of the letter of suspension will be placed in the
employee’s personnel file.
An employee may be suspended or placed on involuntary leave of absence pending an
investigation of an allegation involving that employee. The leave may be with or without pay
depending on a number of factors including the nature of the allegations. If the allegation is
proven false after the investigation, the relevant written documents will be removed from the
employee’s personnel file and the employee will receive any compensation and benefits due
had the suspension not taken place.
Supervisors are authorized to send employees home immediately when an employee’s
behavior violates the Personnel Policies, department policies or otherwise constitutes serious
misconduct. This action is to be immediately reported to the department director and Human
Resource Manager, so they can determine the appropriate level of discipline.
Demotion/Transfer
An employee may be demoted or transferred if attempts at resolving the problem have failed
and the City Administrator determines this would be the best solution to the problem. The
employee must be qualified for the position to which they are being placed and the City Council
must approve this action.
1. Transfers
The City may, at its sole discretion, transfer employees from one department or position
to another or transfer work between departments of the city, as authorized by the City
Administrator.
Employees involuntarily transferred by the City shall normally not suffer a pay decrease
unless the transfer is for performance reasons.
Nothing herein shall prevent an employee from accepting a transfer to a lower rate of
pay if such transfer is voluntary or requested to avoid layoff.
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Seniority will transfer with the employee in the case of involuntary, non-performance-
based transfers.
2. Demotions
Employees may be demoted if they have been found unsuited for the present position
but may be expected to perform satisfactorily in a lesser position. The City Council may,
for disciplinary reasons or for reasons related to poor performance, demote an
employee at any time. Demotions shall be considered a permanent change in status.
Employees who voluntarily demote or are demoted due to performance issues shall
have their pay established within the range of the new classification at a level
determined by the Human Resource Manager and approved by the City Administrator.
Employees may also be demoted if their position(s) has been abolished or reclassified to
a lower class. Employees who are demoted due to reclassification, restructuring, or
other organizational change unrelated to performance, shall not normally suffer a pay
cut. In these cases, the employee's pay will normally be frozen. When an employee's
pay is above the maximum of the range for the new job class, their pay will normally be
frozen until annual adjustments increase the salary range above the employee's salary.
Dismissal
The City Administrator, with the approval of the City Council, may dismiss an employee for
substandard work performance, serious misconduct, or behavior not in keeping with city
standards.
If the disciplinary action involves the removal of a qualified veteran, who has completed his/her
initial probationary period, the appropriate hearing notice will be provided, and all rights will be
afforded the veteran in accordance with Minnesota law.
Salary
An employee's salary increase may be withheld, or the salary may be decreased due to performance
deficiencies. 17.0 Grievance Procedure
Any dispute between the employee and the city relative to the application, meaning or
interpretation of these Personnel Policies shall be settled in the following manner unless
contrary to a current labor agreement.
Step 1: The grievance shall be presented in writing, setting forth the nature of the
grievance, the date at which the incident allegedly occurred, the facts on which it
is based, the provision or provisions of the Personnel Policies allegedly violated,
and the remedy requested. The written grievance must be presented to the
proper supervisor by the employee, or his/her representative, within twenty-one
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(21) days after the alleged violation or dispute has occurred. The supervisor or
their designee will respond to the employee in writing within ten (10) calendar
days.
Step 2: If the grievance has not been settled in accordance with Step 1, it must be
presented in writing, including the same description as in Step 1 to the City
Administrator or Human Resources Manager within ten (10) days after the
supervisor’s response is due. The City Administrator or Human Resources
Manager will respond to the employee or his/her representative in writing
within ten (10) calendar days.
Step 3: If the grievance has not been settled in accordance with Step 2, it shall be
presented in writing, including the same description as in Step 1 to the Personnel
Committee within ten (10) days after the City Administrator or Human Resources
Manager’s response is due. The Personnel Committee will respond to the
employee or his/her representative in writing within ten (10) calendar days. If
not satisfactorily resolved at this level within a reasonable time, it shall be
referred to the City Council for consideration. The City Council is the final
authority for all grievances.
Waiver
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived.” If a grievance is not appealed to the next step in the specified time limit or any
agreed extension thereof, it shall be considered settled based on the employer's last answer. If
the employer does not answer a grievance or an appeal thereof within the specified time limits,
the grievance is considered denied at that step and the employee may appeal the grievance to
the next step. The time limit in each step may be extended by mutual agreement of the
employer and the employee without prejudice to either party.
Ability for Grievance
The following actions cannot be grieved:
1. While certain components of a performance evaluation, such as disputed facts reported to
be incomplete or inaccurate are challengeable, other performance evaluation data,
including subjective assessments, are not.
2. Dismissals of employees during their probationary period.
3. Demotions of employees who do not pass their promotional probation.
4. Pay increases or lack thereof.
5. Merit pay awards.
6. Other actions that are inherent managerial rights.
The above list is not meant to be all-inclusive or exhaustive.
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18.0 Respectful Workplace Policy
The intent of this policy is to provide general guidelines about conduct that is and is not
appropriate in the workplace and other city-sponsored social events.
The city acknowledges this policy cannot possibly predict all situations that might arise and
recognizes that some employees are exposed to disrespectful behavior, and even violence, by
the very nature of their jobs.
Applicability
Maintaining a respectful public service work environment is a shared responsibility. This policy
is applicable to all city employees, volunteers, members of boards and commissions, applicants,
contractors/vendors, elected officials, and members of the public. The expectations by the City
of Monticello for respectful workplace conduct apply both in the workplace and at other city-
sponsored events.
Abusive Customer Behavior
While the city has a strong commitment to customer service, the city does not expect
employees to accept verbal and other abuse from any customer.
An employee may request that a supervisor intervene when a customer is abusive, or the
employee may defuse the situation themselves, including professionally ending the contact.
If there is a concern about the possibility of violence, the individual should push the panic
button (if available) or call 911, and as soon as feasible, contact a supervisor. Employees should
leave the area immediately when violence is imminent unless their duties require them to
remain in order to protect other customers or employees. Employees must notify their
supervisor about the incident as soon as possible.
Types of Disrespectful Behavior
The following behaviors are unacceptable and therefore prohibited, even if not unlawful in and
of themselves:
1. Violent behavior: Includes the use of physical force, harassment, bullying or
intimidation.
2. Discriminatory behavior: Includes inappropriate remarks about or conduct related to a
person’s legally protected characteristic such as race, color, creed, religion, national
origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender
identity, or gender expression, familial status, or status regarding public assistance.
3. 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 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
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with their fellow employees and supervisor what is regarded as offensive, considering
the sensibilities of employees and the possibility of public reaction.
Although the standard for how employees treat each other and the general public will
be the same throughout the city, there may be differences between work groups about
what is appropriate in other circumstances unique to a work group. If an employee is
unsure whether a particular behavior is appropriate, the employee should request
clarification from their supervisor or human resources.
4. Sexual Harassment: Can consist of a wide range of unwanted and unwelcome sexually
directed behavior such as unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of 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.
Sexual harassment includes, but is not limited to, the following:
• Unwelcome or unwanted sexual advances. This means 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. The harassment policy applies to social
media posts, tweets, etc., that are about or may be seen by employees,
customers, etc.
• Requests or demands for sexual favors. This includes subtle or obvious
expectations, pressures, or requests for any type of sexual favor, along with an
implied or specific promise of favorable treatment (or negative consequence)
concerning one’s current or future job.
Names and Pronouns: Every employee will be addressed by a name and by pronouns that
correspond to the employee’s gender identity and expression. A court-ordered name or gender
change is not required.
Employee Response to Disrespectful Workplace Behavior
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All employees should feel comfortable calling their supervisor or another manager to request assistance
should they not feel comfortable with a situation. If situations involve violent behavior call
Wright County for assistance, ask the individual to leave the area, and/or take other reasonable
action.
If employees see or overhear a violation of this policy, employees should advise a supervisor,
the Human Resources Manager, City Administrator, or the City Attorney promptly.
Employees who believe disrespectful behavior is occurring are encouraged to deal with the
situation in one of the ways listed below. If there is a concern about the possibility of violence,
the individual should use their discretion to call 911 or press the panic button (if available), and
as soon as feasible, notify a supervisor. In the event the disrespectful behavior occurring
involves the employee’s supervisor, the employee should contact the department director,
Human Resources Manager, or the City Administrator.
Step 1(a): If you feel comfortable doing so, professionally, but firmly, tell whoever is
engaging in the disrespectful behavior how you feel about their actions. Politely
request the person to stop the behavior because you feel intimidated, offended,
or uncomfortable. If practical, bring a witness with you for this discussion.
Step 1(b): If you fear adverse consequences could result from telling the offender or if the
matter is not resolved by direct contact, go to your supervisor, department head,
the Human Resources Manager, or the City Administrator. The person to whom
you speak is responsible for documenting the issues and for giving you a status
report on the matter.
In some situations, with an offender from the public, it is preferable to avoid one
on one interactions. Talk to your supervisor about available options to ensure
there are others available to help with transactions with the offender.
Step 1(c): The city urges conduct that is viewed as offensive be reported immediately to
allow for corrective action to be taken through education and immediate
counseling, if appropriate. It is vitally important you notify a supervisor, the
Human Resources Manager or the City Administrator of your concerns. Any
employee who observes sexual harassment or discriminatory behavior, or
receives any reliable information about such conduct, must report it promptly to
a supervisor, the Human Resources Manager or the City Administrator.
Step 2: If, after what is considered to be a reasonable length of time (for example, 30
days), you believe inadequate action is being taken to resolve your
complaint/concern, the next step is to report the incident to the Human
Resources Manager, City Administrator, Mayor, or City Attorney.
Supervisor’s Response to Allegations of Disrespectful Workplace Behavior
Employees who have a complaint of disrespectful workplace behavior will be taken seriously.
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In the case of sexual harassment or discriminatory behavior, a supervisor must report the
allegations promptly to the Human Resources Manager, who will determine whether an
investigation is warranted. A supervisor must act upon such a report even if requested
otherwise by the victim. In situations other than sexual harassment and discriminatory
behavior, supervisors will use the following guidelines when an allegation is reported:
Step 1(a): If the nature of the allegations and the wishes of the victim warrant a simple
intervention, the supervisor may choose to handle the matter informally. The
supervisor may conduct a coaching session with the offender, explaining the
impact of his/her actions and requiring the conduct not reoccur. This approach is
particularly appropriate when there is some ambiguity about whether the
conduct was disrespectful.
Step 1(b): Supervisors, when talking with the reporting employee will be encouraged to ask
him or her what he or she wants to see happen next. When an employee comes
forward with a disrespectful workplace complaint, it is important to note the city
cannot promise complete confidentiality, due to the need to investigate the
issue properly. However, any investigation process will be handled as
confidentially as practical and related information will only be shared on a need-
to-know basis and in accordance with the Minnesota Data Practices Act and/or
other applicable laws.
Step 2: If a formal investigation is warranted, the individual alleging a violation of this
policy will be interviewed to discuss the nature of the allegations. Formal
investigations will be prompt, impartial, and thorough. The person being
interviewed may have someone of his/her own choosing present during the
interview. Typically, the investigator will obtain the following description of the
incident, including date, time and place:
• Corroborating evidence.
• A list of witnesses.
• Identification of the offender.
To facilitate fostering a respectful work environment, all employees are
encouraged to respond to questions or to otherwise participate in investigations
regarding alleged harassment.
Step 3: The supervisor must notify the Human Resources Manager (assuming the
allegations do not involve the Human Resources Manager) about the allegations.
For more information about what to do when allegations involve the Human
Resources Manager, City Administrator, the Mayor, or a Councilmember, see
“Special Reporting Requirements” below.
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Step 4: In most cases, as soon as practicable after receiving the written or verbal
complaint, the alleged policy violator will be informed of the allegations, and the
alleged violator will have the opportunity to answer questions and respond to
the allegations. The city will follow any other applicable policies or laws in the
investigatory process.
Step 5: After adequate investigation and consultation with the appropriate personnel, a
decision will be made regarding whether or not disciplinary action will be taken.
Step 6: The alleged violator and complainant will be advised of the findings and
conclusions as soon as practicable and to the extent permitted by the Minnesota
Government Data Practices Act.
Step 7: The city will take reasonable and timely action, depending on the circumstances
of the situation.
The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn.
Stat. § 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a
complaint under this policy and any subsequent investigation does not suspend the one-year
statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or
for filing a charge with the Commissioner of the Department of Human Rights.
When the supervisor is perceived to be the cause of a disrespectful workplace behavior
incident, a report will be made to the Human Resources Manager who will determine how to
proceed in addressing the complaint as well as appropriate discipline.
If the Human Resources Manager is perceived to be the cause of a disrespectful workplace
behavior incident involving city personnel, the report will be made to the City Administrator
who will confer with the City Attorney regarding appropriate investigation and action.
If the City Administrator is perceived to be the cause of a disrespectful workplace behavior
incident, a report will be made to the City Attorney who will confer with the Mayor and City
Council regarding appropriate investigation and action.
If an elected or appointed city official (e.g., council member or commission member) is the
victim of disrespectful workplace behavior, the city attorney will be consulted as to the
appropriate course of action.
Confidentiality
A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The
person’s name and statements may have to be provided to the alleged offender. 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 results of the
disciplinary action and data supporting any discipline imposed then become a part of the
employee(s) personnel file(s).
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Retaliation
Retaliation is strictly prohibited. Retaliation includes, but is not limited to, any form of
intimidation, reprisal, or harassment. Individuals who report harassing conduct, participate in
investigations, or take any other actions protected under federal or state employment
discrimination laws will not be subject to retaliation.
Retaliation is broader than discrimination and includes, but is not limited to, any form of
intimidation, reprisal, or harassment. While each situation is very fact dependent, retaliation
can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative
performance evaluations or transfers to less prestigious or desirable work or work locations
because an employee has engaged or may engage in activity in furtherance of EEO laws.
It can also include threats of reassignment, removal of supervisory responsibilities, filing civil
action, deportation or other action with immigration authorities, disparagement to others or
the media and making false report to government authorities because an employee has
engaged or may engage in protected activities. Any individual who retaliates against a person
who testifies, assists, or participates in an investigation may be subject to disciplinary action up
to and including termination.
If you feel retaliation is occurring within the workplace, please report your concern immediately
to any of the following:
1. Immediate supervisor;
2. Your supervisor’s manager;
3. Human Resources Manager;
4. City Administrator;
5. Mayor or City Councilmember
6. In the event an employee feels retaliation has occurred by the City Administrator or the
City Council, then reporting may be made to the City Attorney.
Supervisors who have been approached by employees with claims of retaliation will take the
complaint seriously and promptly report the allegations promptly to the human resources
manager or city administrator who will decide how to proceed in addressing the complaint.
Consistent with the terms of applicable statutes and city personnel policies, 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. 19.0 Public Purpose Expenditure Policy
Consistent with Minnesota State laws that permit and require the expenditure of public funds
for public purposes, the following policy and guidelines were established to provide assistance
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and clarification to officials and employees for determinations of when public funds may be
spent. The overriding principle is that public funds must be spent for a public purpose.
The City Council recognizes that the determination of a valid public purpose is an evolving
concept that is somewhat subjective and therefore feels thoughtful discussion and guidance in
the form of a policy and guidelines is appropriate. The City Council authorizes the City
Administrator to establish additional administrative policies and procedures and to interpret
appropriate use of public funds consistent with this policy and guidelines.
Definitions
“PUBLIC PURPOSE EXPENDITURE” – An expenditure of funds related to the purpose for which
the City of Monticello exists including the mission, goals, functions, and responsibilities of
elected and appointed officials, employees and other City representatives.
“EMPLOYEE” – For purposes of this policy, the word ‘employee’ shall include all employees,
elected officials and appointed officials.
Public Purpose Guidelines and Rationale
The City of Monticello has determined that the following expenditures are valid expenditures
and serve a public purpose.
1. Training and development programs for Monticello elected and appointed officials and
employees serve a public purpose when those training and development programs are
related to the employee’s job performance and to the programs and services provided
by the city to its residents.
2. Payment of employee work-related expenses, including travel, lodging, telephone, and
meal expenses serve a public purpose when those expenses are necessarily incurred by
Monticello employees in connection with their official duties and/or work assignments
and those expenses are directly related to the performance of the governmental
function for which Monticello has responsibility.
3. Safety, health and wellness programs for Monticello employees serve a public purpose
because they result in healthier and more productive employees and reduce certain
costs to the City and taxpayers, including various costs related to worker’s
compensation, health insurance premiums, disability benefit claims, and lost time due
to employee absences.
4. Public expenditures to recognize contributions made by employees are part of an
overall compensation program offered to employees for work performed. It serves a
public purpose because formally recognizing employees who make contributions and
demonstrate their commitment during the performance of their duties results in higher
morale and increased employee cooperation, understanding and productivity and
therefore assists the city in providing efficient and cost-effective services to its citizens.
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Including all employees in events to recognize service and commitment encourages
other employees to work harder and make additional contributions and builds greater
teamwork among employees in different departments.
Employee productivity is directly related to employee satisfaction and that satisfaction
depends on much more than just a paycheck. Employee satisfaction is directly and
closely tied to the entire compensation package and the work environment.
Recognizing employees’ efforts and talents is a key factor in a good work environment
and is accomplished several ways, both structured and unstructured.
Structured events the city sponsors include employee retirement and farewell events
and years of service recognition. These events are an integral part of our employee
compensation program and are directly related to employee satisfaction, which in turn
leads to greater productivity and enhanced service to the community.
5. Public expenditures for appropriate community and customer outreach activities serve a
public purpose when those expenditures are necessary to ensure efficient operation of
the city’s programs or services, promote the availability or use of services or city
resources, or to promote coordinated, cooperative planning activities among and
between the city and the private sector or other public sector jurisdictions for the
benefit of the public.
6. Public expenditures for food and refreshments associated with official Monticello
functions, employee training and meetings to discuss city business serve a public
purpose when the provision of food or refreshments helps to ensure meaningful
participation by those attending. These functions serve a public purpose to receive or
provide information of concern to the city, recognize individuals for their service to the
city or provide a forum to discuss city business. These meetings should be limited to
meetings where the primary purpose is to discuss city business.
7. Expenditures for membership in professional organizations and attendance at meetings
and professional conferences serve a public purpose by keeping employees informed of:
• state and federal laws and proposed legislation,
• rules, regulations, court and arbitration decisions,
• current trends and best practices,
• risk management,
• effective employee and labor relations strategies and issues,
• availability of grants and other funding sources,
• community concerns, and
• public-private partnership opportunities.
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All the foregoing is directly related to the betterment and improvement of municipal
government operations and to the service provided to the residents.
8. Expenditures for educational reimbursement serve a public purpose when the
coursework is directly related to the job duties or performance needs of the employee
and therefore improve the knowledge, skills and abilities needed to provide effective
and efficient services to the residents.
Financial Considerations
Funding for any expenditure must be approved by the appropriate supervisory staff or City
Administrator in accordance with established procedures and must be included in the approved
City budget. 20.0 Employee Education and Training
The City promotes staff development as an essential, ongoing function needed to maintain and
improve cost effective quality service to residents. The purposes for staff development are to
ensure that employees develop and maintain the knowledge and skills necessary for effective
job performance and employees are provided with an opportunity for job enrichment and
mobility.
Policy
The city will pay for the costs of an employee’s participation in training and attendance at
professional conferences when attendance is approved in advance under the following criteria:
• Work interference shall be minimal.
• Training shall not duplicate recent training.
• Training costs shall be within budgetary limits.
• Preference shall be given to training that provides the most benefit to the city at the
lowest cost.
• The supervisor shall ensure that there is adequate coverage of departmental
responsibilities before approving training applications.
• Training shall relate to an employee's job or health/safety.
• Efforts shall be made to distribute training equitably within a department.
• Training shall be structured to provide information that will aid in an employee's growth
or maintenance of professional standard.
General Guidelines
1. Temporary, seasonal, casual part-time and intermittent employees shall be
excluded unless approved by the department director. Safety training shall be
provided to all employees.
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2. If attendance is required at a seminar, the city will pay tuition/registration fees
and hourly wages for all required hours of attendance. Expenses will be paid in
accordance with standard practices.
3. Time spent traveling to and from, as well as time spent attending a training
session or conference, will be compensated in accordance with the federal Fair
Labor Standards Act.
4. Employees should be aware at all times that they are representing the city while
attending any conference, meeting, class or outside training.
5. Employees should conduct themselves as if they were at work. Improper
conduct at any city authorized or sponsored event reflects poorly on the city and
will be subject to disciplinary action as if it occurred during regular working
hours.
National and Regional Training
To be approved for national or regional training sessions, the employees must meet the
following requirements:
• Be employed as a regular full-time or benefit-earning part-time employee for a
minimum of six (6) months with the city.
• Training must be approved in advance by the City Council.
• Training sessions will normally not exceed five (5) workdays.
• Council may require an employee to reimburse the city for airfare, hotel, and
registration fees for an approved national or regional training event if the
employee voluntarily terminates employment within six (6) months of
completion of the training.
The classes of employees eligible for national training sessions (out of the region) are the City
Administrator and department heads. Exceptions may be approved by the City Administrator.
All management and supervisory staff are eligible for regional training sessions in Wisconsin,
Iowa, North Dakota, and South Dakota, assuming general guidelines of this policy are met. On
an exception basis, non-supervisory staff may be approved for regional training by the City
Administrator.
Training Sessions Within Minnesota
Professional and technical employees are eligible for training sessions held anywhere within the
State of Minnesota assuming general guidelines of this policy are met. All employees are
eligible for local training (Monticello, St. Cloud, or the Twin Cities metro-area) under the same
assumptions. Employees are expected to attend training sessions in closest proximity to their
work or home.
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Payment or Reimbursement for Training
Whenever possible employees should use their City Purchasing Card to pay for approved
training and follow applicable procedures for substantiation of payment. If not possible, the city
will pre-pay registration costs directly to the organization sponsoring the training. A copy of the
conference or meeting agenda listing registration fees, meals included therein, and official
starting and ending dates must be provided to the finance department with prepayment
requests. Requests for reimbursement of training costs must include a copy of the conference
or meeting agenda listing registration fees; meals included therein official start and ending
dates and proof of payment.
Memberships and Dues
The purpose of memberships to various professional organizations must be directly related to
the betterment of the services of the city. Normally one City membership per agency, as
determined by the City Administrator, is allowed, providing funds are available. Upon
separation of employment, when allowed by the professional organization, individual
memberships paid for by the city will remain with the city and will be transferred to other
employees by the department head.
For additional information regarding training and reimbursement procedures contact the
Human Resources Manager or Finance Department. 21.0 Travel Policy
Purpose
The purpose of this policy is to establish uniform and consistent guidelines for money spent
traveling on official city business. The guidelines were developed using city practices, State
regulations, and State Auditor recommendations. The policy and procedures relative to such
travel are contained in the following statement.
Travel by city officials and employees to attend a professional or municipal association meeting
is beneficial to progressive local government. A person engaged in such travel for the benefit of
the city has a responsibility to keep accurate, substantiated records and to submit a request for
reimbursement in accordance with this policy.
Payment of Travel Expenses
Whenever possible employees should use their City Purchasing Card to pay for all travel-related
expenses. If not possible, request for reimbursement must be submitted to the Finance
Department and include receipts or statements clearly stating dates and itemized breakdown of
expenses. Reimbursement for rental vehicles must include dates of rental, vehicle type and fees
paid.
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Milage Reimbursement
If a city vehicle is not available or it is not practical to use a city vehicle employees may choose
to use their own personal vehicle and mileage will be reimbursed at the current IRS mileage
reimbursement rate. Reimbursable mileage will be the lesser of actual miles driven from
normal work location to training/meeting/conference location or the actual miles traveled from
departure location to destination less the mileage of commute to normal work location. If this
results in the employee traveling less miles, the city will not reimburse the employee for
mileage. When more than one city employee uses the same personal car for travel,
reimbursement shall be payable to the owner of the vehicle.
Out of State Travel
Airfare or train fare for out-of-state travel in coach or economy class or the lowest available
fare shall be the preferred mode of transportation. When authorized, an employee may choose
to drive their personal vehicle and will be reimbursed the current mileage rate or the cost of
coach or economy class fare, priced at least 14 days in advance of the travel, whichever is less.
If the employee travels by some other mode than by air, the additional time required over the
time the air would require will be taken as PTO or compensatory time. If paid time is not
available, employees will not be reimbursed (paid) for extra time required for driving.
Reimbursement for vehicular travel (meals, mileage, and lodging) shall not exceed the total cost
of what airline travel would have been.
Local transportation such as taxicab and Uber to and from airport, train station, lodging and
conference, seminar or meeting is reimbursable only if circumstances require such travel. Costs
for local transportation not pertaining directly to city business will be the responsibility of the
employee and will not be reimbursed by the city.
Rental Vehicles: Vehicle rental is only allowed with the approval of the City Administrator.
Travel Credits: Employee are prohibited from earning milage credits or other benefits on
personal accounts whenever public funds are used to pay for travel or vehicle rental.
Meals
The City authorizes reimbursement for elected officials and employees for meal expenses
incurred while conducting City business, up to the maximum per-meal rate established by the
U.S. General Services Administration (GSA) per diem schedule. This rate includes taxes and tips.
Gratuities/tips may be reimbursed only up to 18% of the total pre-tip meal cost.
Alcoholic beverages are not eligible for reimbursement.
The limits do not apply when meal expense is included in the cost of the training, conference,
or seminar.
Itemized receipts must be submitted to qualify for reimbursement and must clearly state the
name of the person or people the meal is for, date, name of the establishment (pre-printed
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form), itemized list of purchased items, total, and gratuity (if appropriate). Reimbursement
request without a receipt or non-itemized credit card receipts will not be reimbursed.
Lodging
Hotel or other authorized accommodations will be reimbursed at actual cost not to exceed the
base occupancy rate and should be chosen based on reasonableness of cost and proximity to
conference, meeting or training site. Each employee shall be allowed a base room.
Unless previously approved by the City Administrator, overnight stays within sixty (60) miles of
the City will not be reimbursed.
Lodging costs, unless previously approved by the City Administrator, shall be reimbursable only
from the night preceding a conference, seminar, or training through the night immediately
following such event.
Miscellaneous Expenses
Time spent traveling to and from, as well as time spent attending a training session or
conference, will be compensated in accordance with the federal Fair Labor Standards Act.
1. Employees who are passengers in a vehicle or airplane will be compensated for their
normal workday for travel time. Drivers will be compensated for all travel time both
during the normal workday and outside of the normal workday. The employee’s
supervisor will approve all overtime prior to registering for the
training/seminar/meeting.
2. If the training/seminar/meeting hours including travel to/from are less than the normal
work hours employees will use PTO or compensatory time to achieve normal work
hours.
3. Employees will be paid eight (8) hours of pay for training/seminar/meeting, which
require overnight stays.
Telephone expenses incurred will be reimbursed only when their necessity for city purpose is
fully accounted for.
Reimbursable parking is limited to daily parking at destination business (meeting, conference,
training, etc.) site and/or hotel site (when applicable). Valet parking and all other parking are
not allowable.
Gratuities/tips for service providers may be reimbursed as long as reasonable and serve the
public purpose of the trip.
Non-Reimbursable Expenses
1. The city shall not pay for any expenses, of which the costs are included in the
registration fees.
2. Costs for alcoholic beverages shall not be reimbursed.
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3. The city shall pay no expenses for a spouse/guest who accompanies the city official or
employee to a conference, seminar, or meeting including the incremental lodging
expenses of occupancy rates over base occupancy rates.
4. The city will not reimburse for personal telephone calls, rental of luxury vehicles, or
recreational expenses such as golf or tennis unless included as part of the registration
fees or previously approved by the City Administrator.
Reimbursement Process
To apply for reimbursement, an elected official/city employee must complete an “Employee
Reimbursement Voucher” form. The completed form with expenditures totaled, detailed
original receipts attached, and signed should be submitted to the department dead, who shall
review and approve (by signing) such request. The department head shall forward the request
to the Finance Department for reimbursement. The Finance Department will review the report
and supporting documentation for completeness and accuracy. If complete the reimbursement
check or deposit will be processed during the next regular accounts payable processing. If the
request is not complete or supporting data does not meet policy guidelines, the request will be
returned to the employee.
Any exceptions to this policy must receive approval from the City Administrator whenever
practicable prior to the conference, seminar, or training. 22.0 Computer Use Policy
General Information
This policy serves to protect the security and integrity of the City’s electronic communication
and information systems by educating employees about appropriate and safe use of available
technology resources.
Computers and related equipment used by City employees are property of the City. The City
reserves the right to inspect, without notice, all data, emails, files, settings, or any other aspect
of a City-owned computer or related system, including personal information created or
maintained by an employee. The City may conduct inspections on an as-needed basis as
determined by the City Administrator or their designee.
Beyond this policy, the city’s IT Department may distribute information regarding precautions
and actions needed to protect City systems; all employees are responsible for reading and
following the guidance and directives in these communications.
Personal Use
The City recognizes that some personal use of City-owned computers and related equipment
has and will continue to occur. Some controls are necessary, however, to protect the City’s
equipment and computer network and to prevent abuse of this privilege.
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Reasonable, incidental personal use of City computers and software (e.g., word processing,
spreadsheets, email, Internet, etc.) is allowed but should never preempt or interfere with work.
All use of City computers and software, including personal use, must adhere to provisions in
this policy, including the following:
• Employees shall not connect personal peripheral tools or equipment (such as printers,
digital cameras, disks, USB drives, or flash cards) to City-owned systems, without prior
approval from the IT Department. If permission to connect these tools/peripherals is
granted, the employee must follow provided directions for protecting the City’s computer
network.
• Personal files should not be stored on City computer equipment. This also applies to
personal media files, including but not limited to mp3 files, wav files, movie files, iTunes
files, or any other file created by copying a music CD, DVD, or files from the Internet. The IT
Department will delete these types of files if found on the network, computers, or other
City-owned equipment. Exceptions would be recordings for which the City has created,
owns, purchased, or has a license.
• City equipment or technology shall not be used for personal business interests, for-profit
ventures, political activities, or other uses deemed by the City Administrator to be
inconsistent with City activities. If there is any question about whether a use is appropriate,
it should be forwarded to Human Resources for a determination.
Hardware
In general, the City will provide the hardware required for an employee to perform his or her
job duties. Requests for new or different equipment should be made to your supervisor, who
will forward the request to the IT Department.
Only City staff may use City computer equipment. Use of City equipment by family members,
friends, or others is strictly prohibited.
Employees are responsible for the proper use and care of City-owned computer equipment.
City computer equipment must be secured while off City premises; do not leave computer
equipment in an unlocked vehicle or unattended at any offsite facility. Computer equipment
should not be exposed to extreme temperature or humidity. If a computer is exposed to
extreme heat, cold, or humidity, it should be allowed to achieve normal room temperature and
humidity before being turned on.
Software
In general, the City will provide the software required for an employee to perform his or her job
duties. Requests for new or different software should be made to your supervisor, who will
forward the request to the IT Department.
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Employees shall not download or install any software on their computer without the prior
approval of the IT Department. Exceptions to this include routine updates to software already
approved by the IT Department such as Microsoft updates, or other productivity software
updates. The IT Department may, without notice, remove any unauthorized programs or
software, equipment, downloads, or other resources.
Email
The City provides employees with an email address for work-related use. Some personal use of
the City email system by employees is allowed, provided it does not interfere with an
employee’s work and is consistent with all City policies.
Employee emails (including those that are personal in nature) may be considered public data
for both e-discovery and information requests and may not be protected by privacy laws. Email
may also be monitored as directed by authorized staff and without notice to the employee.
Employees must adhere to these email guidelines:
• Never transmit an email that you would not want your supervisor, other employees,
members, city officials, or the media to read or publish (e.g., avoid gossip, personal
information, swearing, etc.).
• Use caution or avoid corresponding by email on confidential communications (e.g., letters
of reprimand, correspondence with attorneys, medical information).
• Do not open email attachments or links from an unknown sender. Delete junk or “spam”
email without opening it if possible. Do not respond to unknown senders.
• Do not use harassing language (including sexually harassing language) or any other remarks,
including insensitive language or derogatory, offensive, or insulting comments or jokes.
Electronic Calendars
A shared calendar environment is provided as part of the City’s email software program. All
employees are required to keep their electronic calendar up to date and, at a minimum, must
grant all staff the ability to view availability on their calendar.
Instant Messaging
Due to data retention concerns, Instant Messaging (IM) is only allowed for transitory
discussions and should be deleted after use. Some personal use of the City email system by
employees is allowed, provided it does not interfere with an employee’s work and is consistent
with all City policies. Employees are not allowed to use IM as a mechanism for personal
communication through the City’s computer network or when using City equipment and are
not allowed to download or install any IM software package on their City computer other than
what is installed by the IT Department.
Personal Devices
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Employees may choose to use their own equipment to read or compose email or other City
data as governed in this policy. Employees understand that by connecting their personal
equipment to the City’s Microsoft 365 server, their personal devices could be searched during
an e-discovery or other court-ordered scenarios and agree to grant access to their personal
devices should such a situation arise.
Security
Passwords
Employees are responsible for maintaining computer/network passwords and must adhere to
these guidelines:
• Passwords must adhere to requirements set by the IT Department, which may be changed
as necessary, as determined by the IT Department.
• Passwords should not be shared or told to other staff. If it is necessary to access an
employee’s computer when he or she is absent, contact your supervisor or the department
director; the IT Department will not provide access to staff accounts without approval of the
City Administrator.
• Passwords should not be stored in any location on or near the computer. Furthermore,
password managers or other electronic storage of passwords must be password protected.
• Employees must change passwords when prompted, on a schedule as determined by the IT
Department.
• Where applicable and administratively feasible, Multi-Factor Authentication (MFA) will be
enable to maximize network security.
Network Access
Non-City-owned computer equipment used in the City’s building should only use the wireless
connection to the Internet. Under no circumstances should any non-City-owned equipment be
connected to the City’s computer network via a network cable. Exceptions may be granted by
the IT Department.
Personal computer equipment may not be connected to the City’s network (including Microsoft
365) without prior approval of the IT Department. Personal equipment may be subject to
password requirements or other electronic security measures as determined by the IT
Department.
Remote Access to the Network
Examples of remote access include but are not limited to: Outlook Web Access (web mail),
virtual private network (VPN), or Windows Remote Sessions. While connected to City computer
resources remotely, all aspects of the City’s Computer Use Policy will apply, including the
following:
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• Remote access to the City’s network requires a request from a supervisor and approval
from the IT Department. Remote access privileges may be revoked at any time by an
employee’s supervisor.
• If remote access is from a non-City-owned computer, updated anti-virus software must
be installed and operational on the computer equipment, and all critical operating
system updates must be installed prior to connecting to the City network remotely.
Failure to comply could result in the termination of remote access privileges.
• Recreational use of remote connections to the City’s network is strictly forbidden. An
example of this would be a family member utilizing the City’s internet connection to visit
websites.
• Private or confidential data should not be transmitted over an unsecured wireless
connection. Wireless connections are not secure and could pose a security risk if used to
transmit City passwords or private data while connecting to City resources. Wireless
connections include those over cellular networks and wireless access points, regardless
of the technology used to connect.
Training
Employees with city email accounts may be assigned security training through KnowBe4 each
month. Employees will be given six months to complete each lesson. Failure to complete the
training increases risk to the city’s network and may result in disciplinary action, up to and
including termination.
Periodically, the IT Department will initiate phishing campaigns, which increase staff awareness
of emerging trends in phishing. Repeated failure of the phishing tests increases risk to the city’s
network and may result in disciplinary action, up to and including termination.
Internet
The following considerations apply to all uses of the Internet:
• Information found on the Internet and used for City work must be verified to be accurate
and factually correct.
• Reasonable personal use of the Internet is permitted. Employees may not at any time
access inappropriate sites. Some examples of inappropriate sites include but are not limited
to adult entertainment, sexually explicit material, or material advocating intolerance of
other people, races, or religions. If you are unsure whether a site may include inappropriate
information, you should not visit it.
• If an employee’s use of the Internet compromises the integrity of the City’s network, the IT
Department may temporarily restrict that employee’s access to the Internet. If the IT
Department does restrict access, they will notify the employee, HR, the City Administrator,
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and the employee’s manager as soon as possible, and work with the employee and manager
to rectify the situation.
• The City may monitor or restrict any employee’s use of the Internet without prior notice, as
deemed appropriate by the employee’s manager in consultation with the City
Administrator.
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Artificial Intelligence Technology
Employees may use low-risk data with Artificial Intelligence (AI) technology to perform their
work. Low-risk data is defined by Minnesota Statutes Chapter 13 as “public” and is intended to
be available to the public. If you are unsure whether the data you enter into AI applications is
classified as public data, consult with the City Clerk or their designee prior to using AI
technologies.
Appropriate Use of AI
AI tools may be used to:
• Improve efficiency and accuracy in administrative or analytical tasks.
• Support decision-making where outcomes remain subject to human review.
• Generate routine correspondence, reports, or summaries with staff verification.
Prohibited Uses
AI tools must not be used to:
• Make binding decisions without human oversight.
• Create, alter, or manipulate public records without proper authorization.
• Generate misleading or discriminatory outputs.
• Process personal or confidential data unless explicitly approved and compliant with data
privacy laws.
• Represent official communications or statements without human review and approval.
Employee Responsibilities
Employees using AI must:
• Verify accuracy, appropriateness, and legality of AI-generated content before
dissemination or use.
• Ensure compliance with existing records retention, privacy, and security policies.
• Avoid entering confidential, personal, or sensitive information into AI tools that are
cloud-based or publicly accessible.
Data Practices and Public Records
AI-generated or AI-assisted work products, logs, prompts, and decision outputs are considered
government data under applicable data practices laws. They are therefore subject to:
• Public records requests
• Records retention schedules
• Data classification and access controls
The City Clerk will coordinate responses to data requests involving AI-generated data.
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23.0 City Driving Policy
General
This policy applies to all employees who drive a city-owned vehicle for city business at least
once per month.
The city expects all employees who are required to drive as part of their job to drive safely and
adhere to all traffic laws. The intent of this policy is to provide clear expectations of behavior
and clear consequences for failure to adhere to the policy.
Phone Usage While Driving
While driving a motor vehicle or operating equipment, the use of cell phones or 2-way radios
should be limited. All Minnesota State laws regarding the use of cell phones while driving must
be followed.
Driving Records
The city will confirm annually that all employees required to drive as part of their regular duties
are properly licensed. Employees are required to provide all information needed to obtain
these records.
Loss of License or Restricted License
Employees who lose their driver’s license or receive restrictions on their license are required to
notify their immediate supervisor on the first workday after any temporary, pending, or
permanent action is taken on their license and to keep their supervisor informed of any
changes thereafter. Normally, employees will be placed on unpaid leave immediately upon
losing their license if driving is an essential duty. Employees will be required to use any accrued
PTO in lieu of leave without pay.
The city desires to retain good, qualified employees and at the same time reduce or limit
liability for the city. Therefore, the city will attempt to reasonably accommodate an employee
who has lost their license or has received restrictions that impact their ability to do their job.
Positions where driving is an essential requirement of the job are normally more difficult to
accommodate, particularly for long periods. The city will determine appropriate action on a
case-by-case basis and will take the following into consideration:
1. In considering accommodations, other work that needs to be done must be readily
available.
2. Any restrictions or revocation must be for less than 60 days for positions where driving
is an essential requirement of the job.
3. The employee must be able to obtain a work permit within 30 days if driving is essential.
4. The accommodation cannot create a significant negative impact to the department or
other employees.
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5. The employee must be able to perform the majority of their regular job during a period
of accommodation.
The city will consider the employee’s performance and discipline record in determining the
length of time the city will accommodate but in no case will the city extend accommodations
beyond sixty (60) days for positions where driving is an essential requirement of the job. As
soon as the employee knows the length of time that they will be unable to drive, the
department head, employee, supervisor and/or union representative will schedule a meeting to
discuss the situation.
In cases where the employee will not be able to legally drive for sixty (60) days or more (and
cannot obtain a work permit) and where driving has been determined to be essential to the job,
the employee will not be able to retain their job. The employee will be given the option to
resign or be terminated. Employees with a good performance record may be eligible to stay
with the City in a different position (if qualified and one is available) if it’s determined by the
City Council to be in the best interest of the city.
In cases where the employee can obtain a work permit within 30 days, or where driving is not
essential, the city will look at the possibility of a temporary workplace accommodation. If work
accommodations can be found that meet the above criteria, the employee can remain
employed, although other discipline may be considered depending on the circumstances.
All accommodations must be approved by the department head and are subject to approval by
the Personnel Committee. If on any given day, the employee cannot be accommodated due to
the type of work being done, the employee will be sent home. The employee may use PTO,
compensatory time, if applicable, or leave without pay in these instances.
Examples of workplace accommodations include:
• Assigning other work that needs to be done and does not involve driving.
• Assigning an employee to ride with a coworker driving where the task normally
requires two or more employees to ride together and it does not decrease the
efficiency of the operation.
• For positions where the driving is much less frequent (once per week or less) and
involves going to a meeting outside of the office or other city building away from
their normal worksite, it may be feasible to use a taxi or a non-city employee to
get there and back. However, when other transportation is authorized, the
expense must be paid by the employee.
An employee who drives in an illegal, careless, or unsafe manner while on duty, will be subject
to additional sanctions including the possibility of discipline and/or loss of work
accommodation. It is expected that all employees who are covered by this policy maintain a
good driving record.
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Use of Municipal Vehicles
The intent of this policy is to provide clear direction on authorized use of municipal vehicles and
compliance with Minnesota Statutes governing the personal use of publicly owned vehicles.
Certain designated city employees are authorized take-home vehicles based on the
demonstrated need to respond to emergencies outside of their normal scheduled work hours.
The City Administrator with City Council approval will approve all ongoing take home vehicle
assignments. Department heads with the approval of the City Administrator will approve
restricted or occasional take home vehicle assignments.
Overall, city vehicles generally fall into two (2) categories:
1. Staff cars, vans, and trucks marked with City emblem or City and Department
emblems.
2. Public Works trucks and equipment.
The following rules shall apply as indicated:
1. Vehicles are provided to employees to assist in conducting city business. Use of city-
owned property and vehicles outside work hours will be allowed only in situations
where such use constitutes a benefit to the city.
2. Employees may not be under the influence of illegal drugs, alcohol or legal drugs that
impair an employee’s driving ability. Employees may not transport or purchase alcohol
while using a city vehicle unless required to do so as part of assigned work duties (i.e.
liquor store employees).
3. Employees may not use city vehicles to travel outside of the Monticello area unless
approved by the department head or in a work-related emergency with the exception of
approved job-related meetings and/or training outside the city.
4. Incidental personal use, determined to be appropriate by the department head, during
the workday (or for take home vehicles on the way to and from work) is permitted on a
limited basis. Limited personal errands, including going to lunch during an authorized
lunch break, is permitted if near the work site if such personal use does not substantially
alter the employee’s scheduled work activities or route to or from a work site, and does
not violate other existing departmental or city policies or rules.
5. City vehicles should never be used in situations that are exclusively for personal use.
Personal use of vehicles that involves driving significantly out of your normal route to
and from home is not permitted.
6. Heavy equipment/vehicles should not be used to enter onto private property to avoid
potential damage to the private pavement.
7. City employees should not transport individuals other than city employees or individuals
involved in city work.
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8. Smoking and vaping is prohibited in all city vehicles.
Any exceptions to this policy require approval by the department head, or in the case of
department heads, by the City Administrator. Violations of this policy may result in discipline. 24.0 Policy Prohibiting Employee Possession of Firearms
The City of Monticello prohibits all employees from carrying or possessing firearms while acting
in the course and scope of employment for the city. The possession or carrying of a firearm by
employees is prohibited while working on city property or while working in any location on
behalf of the City of Monticello.
This includes but is not limited to:
1. Driving on city business.
2. Riding in a car or in any type of mass transit while on city business.
3. Working at any city building.
4. Working off-site on behalf of the city.
5. Performing emergency on-call work after normal business hours and on weekends.
6. Working at private residences and businesses on behalf of the city.
7. Attending training, meetings, or conferences on behalf of the city.
An exception to this policy is that city employees may carry and possess firearms in city-owned
parking areas if they are not working on behalf of the city and have the proper permit.
Employees having the proper permit, who must drive their personal vehicles on city business,
must lock their firearm in their trunk before using their vehicle for city business and leave it in
their locked trunk until the city business is completed.
When responding to on-call work from home after regular hours, an employee is prohibited
from bringing a firearm in their private vehicles unless the firearm remains in the trunk of their
vehicle in a parking lot. No firearms will be allowed in city vehicles since city vehicles are only to
be used for city business.
Violations of this policy are considered a major work infraction and are subject to disciplinary
action in accordance with the city’s discipline procedures policy. 25.0 City Cell Phone Stipend
Purpose
The purpose of this policy is to identify which employees/positions are required to carry a cell
phone and will be paid a monthly stipend for use of their personal cell phone for city business.
General Provisions
The department director and City Administrator will jointly determine which employees are
required to carry a cell phone for city business based on the criteria listed below. Cell phone
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stipends will be assigned to employees who must remain accessible due to the nature of their
duties and/or those who must be available for emergency response or consultation.
Criteria
The determination to provide a cell phone stipend will be determined by the following criteria:
1. Public Demand and Response
2. Emergency Responsibilities
3. Time Spent Out of Office
4. After Hours Staff Demands
5. Efficiency in Position
This policy and criteria will be reviewed whenever there is a change in an employee’s position
and/or responsibilities.
City Expectations
1. Employees are expected to keep their cell phones turned on during their designated
working and on-call hours to assure they can be reached.
2. Incoming and outgoing personal calls during work hours should be limited to
emergencies so as not to interfere with city business or the performance of the
employee’s job.
3. Use of a cell phone while driving a vehicle is strongly discouraged and should be limited.
All Minnesota State laws regarding usage of a cellular telephone while driving must be
followed.
4. Any violations of this policy and its guidelines will be cause for disciplinary action in
accordance with the City’s discipline policy.
Monthly Stipend
Purpose
The monthly allowance is intended to cover the cell phone expenses related to the employee’s
work duties. The allowance amount will be determined by the level of service required (data or
voice only) and will be established based on the average cost of similar plans and the benefit
amount provided by comparable cities.
Guidelines:
1. Employees are responsible for payment of monthly premiums to the provider and any overage
charges and late fees associated with their account.
2. Initial purchase of the cell phone, accessory equipment, and activation fees will be the
responsibility of the employee. The employee will pay all costs exceeding the amount of
the cell phone allowance.
3. Employees are responsible for obtaining and maintaining cell phone service through a
reliable provider who provides service in the local calling area of Monticello.
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4. Employees are responsible for reporting their cell phone numbers to their supervisor.
5. No allowance will be paid when an employee is in leave status exceeding sixty 60 days,
unless approved by the City Council.
6. Cell phones stipends are subject to tax treatment per IRS guidelines. 26.0 Resignations
Notice Required to be in Good Standing
Employees wishing to leave the City service in good standing shall provide a written resignation
notice to their supervisor, at least ten (10) working days before leaving. Exempt employees
shall provide written notice to their supervisor, at least fifteen (15) working days before leaving.
The written resignation must state the effective date of their resignation. Failure to comply
with this procedure may be considered cause for denying such employees severance pay and
future employment with the city.
PTO, compensatory time, and ESST will not normally be approved after giving notice. The city
administrator must approve any exceptions to this policy.
The Human Resources Manager will schedule and conduct exit interviews with all full-time
employees to review their final paychecks and benefit continuation options. All employees will
also be sent a link to complete an online exit survey to provide feedback on benefits,
supervision, and pay.
Advance Resignation Notice Program
Purpose
The city’s Advance Resignation Notice Program is designed to improve the efficiency and
stability of the city’s workforce by encouraging employees to give the city advance notice of
their intent to resign.
The purpose of this program is to begin the process of replacing an employee who is leaving the
city as soon as possible after notice is received reducing the time a position remains unfilled
and, in some cases, allowing for a transfer of knowledge from the outgoing to the incoming
employee.
Eligibility
This program is available to active regular full-time employees who have been employed in a
regular full-time position with the City for a minimum of five (5) years.
The City reserves the right not to replace any employee who resigns, and/or to modify the
position and duties prior to hiring a new employee. This decision will not affect a current
employee’s eligibility for an Advance Notice payment.
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Notice and Use of Leave
In order to be eligible for an Advance Notice payment an employee must give at least 90
calendar days’ notice to the employee’s supervisor before his or her last day of work. The last
day of work is defined for this program as the last day that an employee will be actively working
for the city and must be a day the employee is normally scheduled to work. The city reserves
the right to approve or deny requests for use of accrued PTO during the 90–180-day period. It is
the policy and intent that an employee requesting an Advance Notice Incentive remains actively
working for the city and limits the use of PTO during the final 90–180-day period.
City Expectations
In order to be eligible for the one-time payment noted below, the departing employee will be
expected to train the replacement or new hire to the extent possible by transferring knowledge
and preparing documentation of the position as necessary.
Agreement Acceptance
The agreement must be signed by the employee, department director, and the Human
Resources Manager to be effective. The City reserves the right to refuse to enter into this
agreement with any employee. For purposes of this policy, the term day(s) shall mean calendar
day(s).
Payment
The city will provide the following one-time payment for advance notice:
Ninety (90) days: $1000
One Hundred Twenty (120) days: $1500
One Hundred Eighty (180) days: $2000
Payment will be made on or after the employment termination date. Payment will not be made
if the employee or the city rescinds the resignation. Payment is subject to taxation and required
deductions.
Recission Period
An employee has ten (10) calendar days from the date the employee signs the agreement to
rescind the Advance Resignation Notice. After the city has accepted the resignation and after
the duration of the Employee’s 10-day rescission period, the resignation becomes irrevocable,
and the Employee may no longer rescind it without the city’s agreement to either permit
rescission or defer the resignation. Refusing to accept the Advance Notice payment will not
void the Agreement. In the event the Employee breaches this Agreement by terminating
employment with the city in advance of the agreed upon resignation date, the Employee
forfeits all eligibility for any advance resignation incentive.
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If a qualifying Family/Medical Leave Act (FMLA) event occurs during the effective period (90-
180 days) of the agreement, such event shall be characterized as a breach for good cause and
the city shall release the employee from the agreement and disqualify the employee from the
incentive payment.
Employee Retirement Recognition
The city will provide a cake and refreshment reception for all retiring employees and contribute
up to $250 towards the cost of food for a retirement celebration for any employee who has
worked for the city for at least 20 years. 27.0 Severance Pay
Severance pay includes earned PTO under the provisions cited below.
1. Employees leaving in good standing will receive 100% of their earned PTO balance paid
as cash.
2. The earned PTO balance includes prior year carry over and the unused, pro rata earned
amount in the year of severance. The unused, pro reata earned amount can be a
negative number if the employee uses more than is earned in the year of severance.
3. Employees will be paid 100% of their compensatory time balance upon termination
regardless of standing.
4. EMB hours are not paid out at termination.
5. ESST is not paid out at termination. 28.0 Safety
The health and safety of each employee of the city and the prevention of occupational injuries
and illnesses are of primary importance to the city. To the greatest degree possible,
management will maintain an environment free from unnecessary hazards and will establish
safety policies and procedures for each department. Adherence to these policies is the
responsibility of each employee. Overall administration of this policy is the responsibility of
each supervisor.
Safety Equipment/Gear
Where personal protective safety equipment and clothing is required by federal, state, or local
rules and regulations, it shall be a condition of employment that employees wear such
equipment. The city provides personal protective equipment (PPE) consistent with established
standards. Employees may request to have PPE that exceeds established standards but, if
approved, the employee will be required to pay the difference.
An employee observed not wearing the proper safety equipment or violating safety procedures
will be sent home from work and a written statement of the incident shall be included in the
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employee’s personnel file. Violation of safety equipment requirements and/or safety policies or
procedures may be grounds for a written reprimand, suspension, or termination.
Reporting Accidents and Illnesses
Both Minnesota workers’ compensation laws and the state and federal Occupational Safety and
Health Acts require that all on the job injuries and illnesses be reported as soon as possible by
the employee, or on behalf of the injured or ill employee, to his/her supervisor. The employee’s
immediate supervisor is required to complete a First Report of Injury and any other forms that
may be necessary related to an injury or illness on the job.
All accidents between City equipment and private vehicles or private property should be
reported by notifying the local law enforcement agency at the time of the accident as well as
the employee’s supervisor.
A review of accidents will be conducted in accordance with the procedure set forth in the
Safety Manual.
Unsafe Behavior
Supervisors are authorized to send an employee home immediately when the employee’s
behavior violates the city’s personnel policies, department policies, or creates a potential
health or safety issue for the employee or others.
Access to Gender-Segregated Activities and Areas
With respect to all restrooms, locker rooms or changing facilities, employees will have access to
facilities that correspond to their gender identity, regardless of their sex at birth. The city
maintains separate restroom and/or changing facilities for male and female employees and
allows employees to access them based on their gender identity.
In any gender-segregated facility, any employee who is uncomfortable using a shared facility,
regardless of the reason, will, upon the employee’s request, be provided with an appropriate
alternative. This may include, for example, addition of a privacy partition or curtain, provision
to use a nearby private restroom or office, or a separate changing schedule. However, the city
will not require a transgender or gender diverse employee to use a separate, nonintegrated
space, unless requested by the transgender or gender diverse employee, because it may
publicly identify or marginalize the employee as transgender. The decision should be left to the
employee to determine the most appropriate and safest option for them.
Under no circumstances may employees be required to use sex-segregated facilities that are
inconsistent with their gender identity. 29.0 Security Cameras
The purpose of this policy is to govern the use of all video security cameras administered by the
City of Monticello. This policy is established to set parameters regarding the use of video
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cameras in public places and applies to systems that enable continuous or periodic routine
video monitoring on a sustained basis.
Purpose of Cameras
The City of Monticello strives to maintain a safe and secure environment for its staff and
patrons. Selected areas of city premises are equipped with video security systems that record
images twenty-four hours a day. The city’s video security system is used for the protection and
safety of patrons, employees, and property.
Location of Cameras
Reasonable efforts will be made to safeguard the privacy of patrons and employees. Video
cameras will not be positioned in areas where there is a reasonable expectation of personal
privacy such as in restrooms, locker rooms and employee break rooms. The video cameras will
be positioned to record only those areas specified by the city and will complement other
measures to maintain a safe and secure environment in compliance with city policies.
No “dummy” video cameras will be employed. “Dummy” cameras currently in place will be
phased out and replaced with working cameras.
Signage
Signs will be posted at the building entrances where security cameras are in use. Out-door and
rooftop cameras will also have signage that is visible to the public.
Access to Live Video
Although not continuously observed, live video feeds may be monitored by employees during
the course of their regular duties to manage activity in city buildings and on the grounds.
Access to Stored Video
Stored images may be reviewed by authorized city staff for any management purpose including
supervision of employees, to investigate a possible violation of city policy or an illegal activity,
or for the protection and safety of patrons, employees, and property.
Images from the city video security systems are stored digitally. The city will retain all recorded
images for no more than 30 days or until the capacity of the storage system is reached,
whichever occurs first. In some circumstances the city may be required to retain all recorded
images for a longer period of time if mandated by state or federal law.
When recorded images are pulled as a result of an incident, these records will be held for one
year following the conclusion of an investigation or legal proceeding. Any records produced by
the video security system will be kept in a secure manner.
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Use/Disclosure of Archived Video
Archived video from security cameras is identified as security data by Minnesota State Statute
Section 13.37. In the event of an incident, the City Administrator may release digital records to
appropriate law enforcement officials.
Violations of this policy will be reported to the City Administrator. 30.0 DOT Drug and Alcohol Policy
Purpose
This policy describes the city’s Drug and Alcohol Program for certain personnel required to hold
Commercial Driver’s Licenses. The city is concerned about providing a safe workplace for its
employees, and while the city does not intend to intrude into the private lives of its employees,
it is the goal to provide a work environment conducive to maximum safety and optimum work
standards. Alcohol and drug abuse can cause unsatisfactory job performance, increased
tardiness and absenteeism, increased accidents and workers’ compensation claims, higher
insurance rates, and an increase in theft of city property. The use, possession, manufacture,
sale, transportation, or other distribution of controlled substance or controlled substance
paraphernalia and the unauthorized use, possession, transportation, sale, or other distribution
of alcohol is contrary to this policy and jeopardizes public safety.
Policy
This policy applies to every city employee (full-time, part-time, and temporary) and applicant
for employment in the case of pre-employment drug testing who holds a Commercial Driver’s
License (CDL) and whose job description requires the employee to drive a Commercial Motor
Vehicle (CMV).
This policy implements the drug and alcohol testing requirements of the Federal Motor Carrier
Safety Administration (FMCSA), an agency of the U.S Department of Transportation (DOT). It is
in addition to the City Drug and Alcohol Policy which is established under Minnesota state law
and the Drug Free Workplace Act of 1988.
It is the City’s intention to comply fully with the DOT regulations. Because changes in applicable
law and the city’s practices and procedures may occur from time to time, this policy may
change in the future, and nothing in this policy is intended to be a contract, promise, or
guarantee the city will follow any particular course of action, disciplinary, rehabilitative or
otherwise, except as required by law. Any revisions to the Federal Omnibus Transportation
Employee Testing Act will take precedent over this policy to the extent the policy has not
incorporated those revisions.
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Given the significant dangers of alcohol and controlled substance use, each applicant and driver
must abide by this policy as a term and condition of hiring and continued employment.
Moreover, federal law requires the city to implement such a policy.
To ensure this policy is clearly communicated to all drivers and applicants, and in order to
comply with applicable federal law, drivers and applicants are required to review this policy and
sign the “Certificate of Receipt” portion.
Definitions
Definitions as used under this Policy set forth below and in greater detail in 49 C.F.R. §§ 40.3
and 382.107.
Accident – An occurrence involving a commercial motor vehicle operating on a public road
which results in a fatality; bodily injury to any person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or one or more motor
vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be
transported away from the scene by a tow truck or other vehicle. The term “accident” does not
include an occurrence involving only boarding and alighting from a stationary motor vehicle; an
occurrence involving only the loading or unloading of cargo; or an occurrence in the course of
the operation of a passenger car or a multipurpose passenger vehicle unless the vehicle is
transporting passengers for hire or hazardous materials of a type and quantity that require the
motor vehicle to be marked or placarded in accordance with 49 C.F.R. § 177.823. See 49 C.F.R.
§§ 382.303(a); 382.303(f), 382.303(h), and 390.5.
Alcohol – The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular
weight alcohols including methyl and isopropyl alcohol. 49 C.F.R. §382.107.
Alcohol Concentration (or Content)- The alcohol on a volume of breath expressed in terms of
grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 49 C.F.R. §
382.107.
Alcohol Use – The drinking, swallowing, or consumption of any beverage, mixture, or
preparation, including any medication, containing alcohol. 49 C.F.R. §382.107.
Applicant- A person who applies to a State or other jurisdiction to obtain, transfer, update, or
renew a CDL or to obtain or review a Commercial Learner’s Permit (CLP) or any endorsement
that would permit the person to operate a CMV. 49 C.F.R. §383.5.
Breath Alcohol Technician or BAT – An individual who instructs and assists individuals in the
alcohol testing process and operates and evidential breath testing device. 49 C.F.R. §40.3.
City – The City of Monticello, Minnesota.
City Premises – All job sites, facilities, offices, buildings, structures, equipment, vehicles, and
parking areas, whether owned, leased, used or under the control of the city.
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Collection Site – A place designated by the City where drivers present themselves for the
purpose of providing a specimen of their urine or breath to be analyzed for the presence of
alcohol or controlled substances. 49 C.F.R. §40.3.
Commercial Motor Vehicle (CMV) – A CMV is a motor vehicle or combination of motor vehicles
used in commerce to transport passengers or property if the motor vehicle:
Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or
gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
Is designed or used to transport more than eight passengers (including the driver) for
compensation; or
Is designed or used to transport more than fifteen passengers, including the driver, and is not
used to transport passengers for compensation: or
Is used in transporting material found by the Secretary of Transportation to be hazardous under
49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed
by the Secretary under 49 C.F.R., subtitle B, chapter I, subchapter C.
49 C.F.R. § 390.5. Fire trucks and other emergency fire equipment are not considered to be
commercial vehicles under this policy.
Confirmation (or Confirmatory) Test – For alcohol testing means a second test, following a
positive non-evidential (e.g., saliva) screening test or a breath alcohol screening test with the
result of 0.02 or greater, that provides quantitative data of alcohol concentration. For
controlled substance testing, “Confirmation (or Confirmatory) Test” means a second analytical
procedure to identify the presence of a specific controlled substance or metabolite which is
independent of the screen test, and which uses a different technique and chemical principal
from that of the screen test in order to ensure reliability and accuracy. 49 C.F.R. § 382.107.
Confirmatory Re-Test – A third testing of the original test sample when the confirmatory test
produces a positive test result. A confirmatory retest is done at the request and the expense of
the employee/applicant.
Controlled Substances (Drugs) – Those substances identified in 49 C.F.R. § 40.85. Marijuana,
amphetamines, opioids, (including heroin), phencyclidine (PCP), cocaine, and any of their
metabolites are included within this definition. 49 C.F.R. § 382.107; 49 C.F.R. § 40.85.
Department of Transportation or DOT- Means the United States Department of
Transportation.
HHS – The Department of Health & Human Services or any designee of the Secretary,
Department of Health & Human Services. 49 C.F.R. §40.3.
Disabling Damage - Damage which precludes departure of a motor vehicle from the scene of
the accident in its usual manner in daylight after simple repairs, including damage to motor
vehicles that could have been driven, but would have been further damaged if so driven.
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Disabling damage does not include damage which can be remedied temporarily at the scene of
the accident without special tools or parts, tire disablement without other damage even if no
spare tire is available, headlight or taillight damage or damage to turn signals, horn or
windshield wipers which make them inoperative. 49 C.F.R. § 382.107.
Driver – Any person who operates a commercial motor vehicle. This includes, but is not limited
to full-time, regularly employed drivers; casual, intermittent, or occasional drivers; leased
drivers and independent owner-operator contractors who are either directly employed by or
under lease to the city or who operate a commercial motor vehicle at the direction of or with
the consent of the city. For purposes of pre-employment testing, the term driver includes a
person applying to drive a commercial motor vehicle. The word driver and employee will be
used throughout this policy interchangeably. 49 C.F.R. § 382.107.
Drug- Has the same meaning as “controlled substance.)
Employee Seeking a Transfer – Refers to an employee who is not subject to DOT regulations
seeking a transfer to a position that will subject them to DOT regulations in the sought after
position.
Evidential Breath Testing Device (EBT) – A device that is approved by the National Highway
Traffic Safety Administration (NHTSA) for the evidential testing of breath and appears on
NHTSA’s “Conforming Products List of Evidential Breath Measurement Devices.” 49 C.F.R. §
40.3.
Federal Motor Carrier Safety Administration (FMCSA) – The Federal Motor Carrier Safety
Administration of the Unite States Department of Transportation.
Medical Review Officer (MRO) – A licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by a controlled substance testing
program who has knowledge of substance abuse disorders and has appropriate medical
training to interpret and evaluate an individual’s confirmed positive test result together with his
or her medical history and any other relevant biomedical information. 49 C.F.R. § 40.3
Performing (a Safety-Sensitive Function) – Any period in which a driver is actually performing,
ready to perform, or immediately available to perform any safety-sensitive functions. 49 C.F.R.
§382.107.
Positive Test Result – A finding of the presence of alcohol or controlled substance, or their
metabolites, in the sample tested in levels at or above the threshold detection levels
established by applicable laws.
Reasonable Suspicion- A belief a driver has engaged in conduct prohibited by the FMCSA
controlled substance and alcohol testing regulations, except when related solely to the
possession of alcohol, based on specific contemporaneous, articulable observations made by a
supervisor or City official who has received appropriate training concerning the appearance,
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behavior, speech, or body odors of the driver. The determination of reasonable suspicion will
be made in writing on a Reasonable Suspicion Record Form during, just preceding, or just after
the period of the workday that the driver is required to be in compliance with this policy. In the
case of a controlled substance, the observations may include indications of the chronic and
withdrawal effects of a controlled substance or any other indicia of controlled substance use.
Refusal to Submit – Refusal to submit to an alcohol and/or a controlled substance test occurs
when an employee/applicant:
• Fails to provide adequate breath for testing without a valid medical explanation
after he/she has received notice of the requirement for breath testing.
• Fails to provide adequate urine for controlled substances testing without a valid
medical explanation after he/she has received notice of the requirement for
urine testing.
• Engages in conduct that clearly obstructs the testing process, such as providing
an adulterated or substituted specimen.
Safety-Sensitive Function- All time from the time a driver begins to work or is required to be in
readiness to work until the time he or she is relieved from work and all responsibility for
performing work. Safety-sensitive functions include:
• All time at a city plant, shipper plant, terminal, facility, or other property, or on
any public property, waiting to be dispatched, unless the driver has been
relieved from duty by the employer.
• All time inspecting equipment as required by 49 C.F.R. §§ 392.7 and 392.8 or
otherwise inspecting, servicing, or conditioning any commercial motor vehicle at
any time.
• All time spent at the driving controls of a commercial motor vehicle in operation.
• All time, other than driving time, in or upon any commercial motor vehicle
except time spent resting in a sleeper berth (a berth conforming to the
requirements of 49 C.F.R. § 393.76).
• All time loading or unloading a vehicle, supervising, or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in readiness
to operate the vehicle, or in giving or receiving receipts for shipments loaded or
unloaded.
• All time repairing, obtaining assistance, or remaining in attendance upon a
disabled vehicle. 49 C.F.R. § 382.107.
Screening Test (also known as Initial Test) – In alcohol testing, means an analytical procedure
to determine whether a driver may have a prohibited concentration of alcohol in his or her
system or in a breath or saliva specimen. Screening tests may be conducted by utilizing a non-
evidential screening device included by the National Highway Traffic Administration on its
conforming products list (e.g., a saliva screening device) or an evidential breath testing device
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(EBT) operated by a trained breath alcohol technician (BAT). In controlled substance testing,
“Screening Test” means an immunoassay screen to eliminate “negative” urine specimens from
further analysis or to identify a specimen that requires additional testing for the presence of
drugs. 49 C.F.R. § 382.107.
Substance Abuse Professional (SAP) – A licensed physician (medical doctor or doctor of
osteopathy), licensed or certified psychologist, licensed or certified social worker, licensed or
certified employee assistance professional, or licensed or certified addiction counselor (certified
by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission,
the International Certification Reciprocity Consortium, or the National Board for Certified
Counselors) with knowledge of clinical experience in the diagnosis and treatment of alcohol and
controlled substance-related disorders. 49 C.F.R. §§ 40.3, 40.281.
Prohibitions
An employee covered by this policy shall not do the following.
1. Report for duty, operate City vehicles, equipment, or machinery, perform safety
sensitive functions, or remain on City property while having any detectable or
measurable amount of alcohol in his/her system or while under the influence of illegal
drugs.
2. Use, possess, sell, distribute, manufacture, or transport illegal drugs or alcohol while on
City property, while operating City equipment, or while on duty.
3. Consume alcohol within four (4) hours before operating a City vehicle.
4. Attempt to perform job duties when taking medically prescribed drugs or other
substances which may alter job performance unless the employee has been advised by a
licensed medical practitioner that the prescription drug will not adversely affect the
driver’s ability to safely operate a CMV. If the prescription drug does affect
performance, the employee must notify his/her supervisor.
5. Refuse to submit to a required drug and/or alcohol test as required under this policy.
Any supervisor or manager who has actual knowledge that an employee has violated or
attempted to violate any of the above prohibitions shall not permit the employee to perform
any job duties, nor to remain on duty.
An employee found to be in violation of any of the provisions of this policy shall be subject to
discipline up to and including termination from employment. See section titled, “Consequences
for Employees Engaging in Prohibited Conduct” of this policy for more information.
Types of Testing
The City may test any applicant to whom a conditional offer of employment has been made and
may test any Driver for controlled substance and alcohol under any of the following
circumstances.
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Pre-Employment Testing
All applicants, including current employees seeking a transfer, applying for a position where
duties include performing safety-sensitive duties described above, will be required to take a
drug test prior to the first time a driver performs a safety-sensitive function for the city. A driver
may not perform safety-sensitive functions unless the driver has received a controlled
substance test result from the Medical Review Officer (“MRO”) indicating a verified negative
test result. In addition to pre-employment-controlled substance testing, applicants will be
required to authorize in writing former employers to release alcohol test results of .04 or
greater, positive controlled substance test results, refusals to test, other violations of drug and
alcohol testing regulations, and completion of return to duty requirements within the preceding
three (3) years.
All applicants, including current employees seeking a transfer, applying for a position where
duties include performing safety-sensitive duties described above, will be required to take an
alcohol test prior to the first time a driver performs a safety-sensitive function for the city, but
only after a conditional offer of employment has been made. No applicant, including current
employees seeking a transfer, will perform safety-sensitive functions unless the driver has
received an alcohol test result from the MRO indicating a test result of .04 or less Blood Alcohol
Content (“BAC”).
Beginning in 2020, an applicant must provide consent to the city and successfully pass a full
query of the Federal Motor Carrier Safety Administration’s Clearinghouse prior to hire. In
addition, at least once a year, the City will conduct a limited query of the Clearinghouse for
each currently employed CDL driver. If the limited query reveals that the Clearinghouse has
information about resolved or unresolved drug and alcohol program violations by a candidate
or current employee, he or she will be asked to provide electronic consent to a full query of the
Clearinghouse (unless he or she has previously provided electronic consent). In the event a full
query of the Clearinghouse reveals unresolved violation information for a candidate or current
employee, the driver will not be permitted to perform safety-sensitive functions, including the
operation of a Commercial Motor Vehicle and, in the case of a candidate, may have their
conditional offer of employment rescinded or, in the case of a current employee, may be
subject to discipline.
Post-Accident Testing
As soon as practicable following an accident involving a commercial motor vehicle while being
operated for the city, the city will test for alcohol and controlled substance of each surviving
Driver when the following occurs.
1. The accident involved a fatality or
2. The driver receives a citation for a moving traffic violation for the accident, and an injury
is treated away from the accident scene or
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3. The driver receives a citation for a moving traffic violation for the accident and a vehicle
is required to be towed from the accident scene.
A driver who is subject to post-accident testing must remain readily available for such testing or
will be deemed by the city to have refused to submit to testing. This requirement to remain
ready for testing does not preclude a driver from leaving the scene of an accident for the period
necessary to obtain assistance in responding to the accident or to obtain necessary medical
care.
Post-Accident Controlled Substance Testing
Drivers are required to submit a urine sample for post-accident-controlled substance testing as
soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the
city will cease its attempts to test the driver and prepare and maintain on file a record stating
why the test was not promptly administered.
Post-Accident Alcohol Testing
Drivers are required to submit to post-accident alcohol testing as soon as possible within two
(2) hours, and in any event no more than eight (8) hours after the accident. After an accident,
consuming alcohol is prohibited until the driver is tested. If the driver is not tested within two
(2) hours after the accident, the city will prepare and maintain on file a record stating why the
test was not administered within that time. If the driver is not tested within eight (8) hours
after the accident, the City will cease its attempts to test the driver and prepare and maintain
on file a record stating why the test was not administered.
The city may accept the results of a blood, urine, or breath test to determine if a driver has any
alcohol or controlled substances in his/her system if:
1. The tests are conducted by federal, state, or local officials having independent authority
for the test; and
2. The tests conform to applicable federal, state, or local testing requirements; and
3. The test results can be obtained by the city.
Whenever such a test is conducted by a law enforcement officer, the driver must contact the
city and immediately report the existence of the test. The driver must provide the name, badge
number, and telephone number of the law enforcement officer who conducted the test.
Random Testing
Every driver will be subject to unannounced alcohol and controlled substance testing on a
random selection basis. Drivers will be selected for testing by use of a scientifically valid method
under which each driver has an equal chance of being selected each time selections are made.
These random tests will be conducted throughout the calendar year. Each driver who is notified
of selection for random testing must cease performing safety-sensitive functions and report to
the designated test site immediately. It is mathematically possible drivers may be selected be
picked and tested more than once, and others not at all.
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If a driver is selected for a random test while he or she is absent, on leave or away from work,
that driver will be required to undergo the test when he or she returns to work.
At this time, federal law requires the City to test at a rate of at least fifty percent (50%) of its
average number of drivers for controlled substance each year, and to test at a rate of at least
ten percent (10%) of its average number of drivers for alcohol each year. These minimum
testing rates are subject to change by the DOT.
Reasonable Suspicion Testing
When a supervisor has reasonable suspicion to believe the driver has engaged in conduct
prohibited by federal law or this policy, the City must require the driver to submit to an alcohol
and/or controlled substance test. Alcohol testing will occur while the driver is performing
safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just
after the driver has ceased performing such functions.
The City’s determination that reasonable suspicion exists to require the driver to undergo an
alcohol test will be based on “specific contemporaneous, articulable observations concerning
the appearance, behavior, speech, or body odors of the driver.” In the case of controlled
substance, the observations may include indications of the chronic and withdrawal effects of a
controlled substance.
The required observations for reasonable suspicion testing will be made by a supervisor or
other person designated by the City who has received appropriate training in identification of
actions, appearance, and conduct for a driver which are indicative of the use of alcohol or
controlled substance. These observations will be reflected in writing on a Reasonable Suspicion
Record Form. The person who makes the determination that reasonable suspicion exists to
conduct testing will not be the person conducting the testing, which shall instead be conducted
by another qualified person.
If a reasonable suspicion alcohol test is not administered within two (2) hours following the
determination of reasonable suspicion, the City will prepare and maintain on file a record
stating the reasons the alcohol test was not promptly administered. If a reasonable suspicion
alcohol test is not administered within eight (8) hours following the determination of
reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the
alcohol test was not administered and will cease attempts to conduct the alcohol test.
If a reasonable suspicion-controlled substance test is not administered within thirty-two (32)
hours following the determination of reasonable suspicion, the City will cease attempts to
administer a controlled substance test and will prepare a record stating the reasons for not
administering the test.
Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or
remain on duty requiring the performance of safety-sensitive functions while the driver is under
the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance
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indicators of alcohol use, nor will the city permit the driver to perform or continue to perform
safety-sensitive functions until (1) an alcohol test is administered and the driver’s alcohol
concentration is less than 0.02; or (2) twenty-four (24) hours have elapsed following the
determination of reasonable suspicion.
Return-to-Duty Testing
The City reserves the right to impose discipline against drivers who violate applicable FMCSA
rules or this policy, subject to applicable personnel and collective bargaining agreements.
Except as otherwise required by law, the city is not obligated to reinstate or requalify such
drivers for a first positive test result.
Should the city consider reinstatement of a DOT covered driver, the driver must undergo a
Substance Abuse Professional (SAP) evaluation and participate in any prescribed
education/treatment, and successfully complete return-to-duty alcohol test with a result
indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a
controlled substance test with a verified negative result if the conduct involved a controlled
substance, before the driver returns to duty requiring the performance of a safety-sensitive
function. The SAP determines if a driver has completed the education/treatment as prescribed.
The driver is responsible for paying for all costs associated with the return-to-duty test. The
controlled substance test will be conducted under direct observation.
Follow-Up Testing
The City reserves the right to impose discipline against drivers who violate applicable FMCSA
rules, subject to applicable personnel policies and collective bargaining agreements. Except as
otherwise required by law, the city is not obligated to reinstate or requalify such drivers.
Should the City reinstate a driver following determination by a Substance Abuse Professional
that the driver needs assistance to resolve problems associated with alcohol use and/or use of
controlled substance, the city will ensure that the driver is subject to unannounced follow-up
alcohol and/or controlled substance testing. The number and frequency of such follow-up
testing will be directed by the SAP and consist of at least six (6) tests in the first twelve (12)
months following the driver’s return to duty. Follow-up testing will not exceed sixty (60)
months from the date of the driver’s return to duty. The SAP may terminate the requirement
for follow-up testing at any time after the first six tests have been administered, if the SAP
determines such test is no longer necessary. The driver is responsible for paying for all costs
associated with follow-up tests.
Follow-up alcohol testing will be conducted only when the driver is performing safety-sensitive
functions, just before the driver is to perform safety-sensitive functions, or just after the driver
has ceased performing safety-sensitive functions. 49 C.F.R. § 40.307(d).
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Cost of Required Testing
The city will pay for the cost of pre-employment, post-accident, random, and reasonable
suspicion-controlled substance and alcohol testing requested or required of all job applicants
and employees. The driver must pay for the cost of all requested confirmatory re-tests, return-
to-duty, and follow-up testing.
Required Prior Controlled Substance and Alcohol Checks for Applicants
The City will conduct prior drug and alcohol checks of applicants for employment to drive a
commercial motor vehicle. Applicants must execute a consent form authorizing the City to
obtain the required information. The City will obtain (pursuant to the applicant’s written
consent) information on the applicant’s alcohol test with a concentration result of 0.04 or
greater, positive controlled substance test results, and refusals to be tested within the
preceding three (3) years which are maintained by the applicant’s previous employers. The City
will obtain all information concerning the applicant which is maintained by the applicant’s
previous employers within the preceding three (3) years pursuant to DOT and FMCSA
controlled substance and alcohol testing regulations. The City will review such records, if
feasible, prior to the first time a driver performs safety-sensitive functions.
Prohibited Conduct
The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations and
therefore constitutes violation of city policy.
Under the Influence of Alcohol when Reporting for Duty or While on Duty
No driver may report for duty or remain on duty requiring the performance of safety-sensitive
functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or
remaining on duty to perform safety-sensitive functions while having an alcohol concentration
of 0.02, but less than 0.04, will be removed from duty for 24 hours, escorted home, and placed
on unpaid leave for hours missed from work. Employees may choose to use PTO or
compensatory time to cover their lost wages.
On-Duty Use of Alcohol
No driver may use alcohol while performing safety-sensitive functions.
Pre-Duty Use of Alcohol
No driver may perform safety-sensitive functions within four (4) hours after using alcohol. If an
employee has had alcohol within four (4) hours, they are to notify their supervisors before
performing any safety-sensitive functions.
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Alcohol Use Following an Accident
No driver required to take a post-accident alcohol test may use alcohol for eight (8) hours
following the accident, or until the driver undergoes a post-accident alcohol test, whichever
occurs first.
Refusal to Submit to a Required Alcohol or Controlled Substance Test
No applicant or driver may refuse to submit to pre-employment, post-accident, random,
reasonable suspicion, or follow-up alcohol or controlled substance testing.
In the event an applicant or driver does in fact refuse to submit to required alcohol or
controlled substance testing, no test will be conducted. Refusal by a driver to submit to
controlled substance or alcohol testing will be considered a positive test result, will cause
disqualification from performing safety-sensitive functions, and may appear on the driver’s
permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to an
including termination. In accordance with the Federal Motor Carrier Safety Administration’s
(FMCSA) Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting
requirements, beginning January 6, 2020, the City will report a driver’s refusal to submit to a
DOT test for drug or alcohol use to the Clearinghouse within three (3) business days. If an
applicant refuses to submit to pre-employment-controlled substance testing, any applicable
conditional offer shall be withdrawn.
For purposes of this section, a driver is considered to have refused to submit to an alcohol or
controlled substance test when the driver:
1. Fails to provide adequate breath for alcohol testing without a valid medical explanation
after he or she has received notice of the requirement for breath testing.
2. Fails to provide adequate urine for controlled substance testing without a genuine
inability to provide a specimen (as determined by a medical evaluation), after he or she
has received notice of the requirement for urine testing.
3. Fails to report for testing within a reasonable period of time, as determined by the city.
4. Fails to remain at a testing site until testing is complete.
5. In the case of directly observed or monitored collection, fails to permit observation or
monitoring.
6. Fails or declines to take a second test as required by the city and/or collector.
7. Fails to undergo a medical examination as directed by the city pursuant to federal law.
8. Refuses to complete and sign the alcohol testing form, to provide a breath or saliva
sample, to provide an adequate amount of breath, or otherwise cooperate in any way
that prevents the completion of the testing process.
9. Engages in conduct that clearly obstructs the test process.
Altering or Attempting to Alter a Urine Sample or Breath Test
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A driver altering or attempting to alter a urine sample or controlled substance test, or
substituting or attempting to substitute a urine sample, will be subject to providing a specimen
under direct observation. Both specimens will be subject to laboratory testing. In such case, the
employee may be subject to immediate termination of employment and any job offer made to
an applicant will be immediately withdrawn.
Controlled Substance Use
No driver may report for duty or remain on duty requiring the performance of safety-sensitive
functions when the driver uses any controlled substance, except when the use is pursuant to
the instructions of a licensed medical practitioner who has advised the driver in writing that the
substance does not adversely affect the driver’s ability to safely operate a commercial motor
vehicle. Drivers must forward this information regarding therapeutic controlled substance use
to the city immediately after receiving any such advice and sign any necessary releases of
information for the City to verify this information.
Having a medical marijuana card and/or a cannabis prescription from a physician does not allow
anyone to use or possess that drug in the city’s workplace. The federal government still
classifies cannabis as an illegal drug. There is no acceptable concentration of marijuana
metabolites in the urine or blood of an employee who performs safety-sensitive duties for
the city. Employees are still subject to being tested under our policies, as well as for being
disciplined, suspended or terminated after testing positive for cannabis while at work.
Controlled Substance Testing
No driver may report for duty, remain on-duty, or perform a safety-sensitive function if the
driver tests positive for controlled substance.
Collection and Testing Procedures
Drivers are required to report immediately upon notification to the collection site. For random
tests conducted off site, employees may use a City vehicle to drive to the collection site. Drivers
will be expected to provide a photo ID card for identification to the collection staff. All drivers
will be expected to cooperate with collection site personnel request to remove any
unnecessary outer garments such as coats, sweaters or jackets. Drivers will be required to
empty their pockets. Collection personnel will complete a Federal Custody and Control Form
(“CCF”) which drivers providing a sample will sign as well.
Alcohol Testing
Employees will be tested for alcohol just before, during, or immediately following performance
of a safety-sensitive function. If a driver is also taking a DOT controlled substance test the
alcohol test is completed before the urine collection process begins. Screening tests for alcohol
concentration will be performed utilizing a non-evidential screening device included by the
National Highway Traffic Safety Administration on its conforming products list (e.g., a saliva
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screening device) or an evidential breath testing device (EBT) operated by a trained breath
alcohol technician (BAT) at a collection site. An alcohol test usually takes approximately 15
minutes if the result is negative. If a driver’s first attempt is positive (with an alcohol
concentration of .02 or greater), the driver will be asked to wait at least 15 minutes and then be
tested again. The driver may not eat, drink or place anything in his/her mouth (e.g., cigarette,
chewing gum) during this time. The driver shall comply with all instructions the collector gives.
All confirmation tests will be conducted in a location that affords privacy to the driver being
tested, unless unusual circumstances (e.g., when it is essential to conduct a test outdoors at the
scene of an accident) make it impracticable to provide such privacy. Any results less than 0.02
alcohol concentration is considered a negative test result.
If a breath test is being conducted, and a driver does not provide a sufficient amount of breath
to permit a valid breath test, the collector will instruct the driver the proper way to provide
sufficient amount of breath and ask the driver to attempt to provide a sufficient amount of
breath a second time. If the driver again attempts and fails to provide a sufficient amount of
breath, the collector may provide another opportunity for the driver to do so if the collector
believes there is a strong likelihood that another opportunity could result in a sufficient amount
of breath. The collector may then change to a saliva alcohol screening test, if the collector is
qualified to provide such a test. If none of these procedures result in a sufficient amount of
breath for an alcohol test, the driver must obtain, within five days, a written evaluation from a
licensed physician acceptable to the City who has expertise in the medical issues raised by the
driver’s failure to provide a sufficient specimen for testing. If the licensed physician concludes
that a medical condition has, or with a high degree of probability could have, precluded the
driver from providing a sufficient specimen, the City will consider the test to be canceled. If the
licensed physician cannot make such a determination, the City will consider the driver to have
refused to engage in the testing process and will take appropriate disciplinary action under this
policy.
If the collector is utilizing a saliva alcohol test, and the employee is unable to provide sufficient
saliva to complete the test on a saliva screening device, the collector will conduct a new
screening test using a new screening device. If the employee has not provided a sufficient
amount of saliva to complete the new test, the collector will arrange to administer an alcohol
test to the employee using a breath testing device.
Controlled Substance Testing
The City will use a “split urine specimen” collection procedure for controlled substance testing.
Collection of urine specimens for controlled substance testing will be conducted by an
approved collector and will be conducted in a setting and manner calculated to ensure the
driver’s privacy. The collection facility will be responsible for maintaining a proper chain of
custody for delivery of the sample to an HHS –certified laboratory for analysis. The laboratory
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will retain a sufficient portion of any positive sample for testing and store that portion in a
scientifically acceptable manner for a minimum of twelve (12) months. 49 C.F.R. § 40.3.
Controlled substance testing generally takes about 15 minutes. At the collection site, the driver
will be given a sealed container and must provide at least 45 ml of urine for testing. Once the
sample is provided, the collection personnel will check the temperature and color and look for
signs of contamination. The urine is then split into two separate specimen containers (A, or
“primary,” and B, or “split”) with identifying labels and security seals affixed to both. The
collection facility will be responsible for maintaining a proper chain of custody for delivery of
the sample to an HHS-certified laboratory for analysis. The laboratory will retain a sufficient
portion of any positive sample for testing and store that portion in a scientifically acceptable
manner for a minimum 365-day period.
If an employee fails to provide a sufficient amount of urine to permit a controlled substance
test (45 milliliters of urine), the collector will discard the insufficient specimen, unless there is
evidence of tampering with that specimen. The collector will urge the driver to drink up to 40
ounces of fluid, distributed reasonably for a period of up to three hours, or until the driver has
provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a
sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease
efforts to attempt to obtain a specimen. The driver must then obtain, within five working days,
an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the
medical issues raised by the employee’s failure to provide a sufficient specimen. If the licensed
physician concludes that a medical condition has, or with a high degree of probability could
have, precluded the Driver from providing a sufficient amount of urine, the City will consider
the test to have been canceled. If a licensed physician cannot make such a determination, the
City will consider the Driver to have engaged in a refusal to test and will take appropriate
disciplinary action under this policy.
The primary specimen is used for the first test. If the test is negative, it is reported to the MRO
who then reports the result, following a review of the CCF Form for compliance, to the City. If
the initial result is positive or non-negative, a “confirmatory retest” will be conducted on the
primary specimen. If the confirmatory re-test is also positive, the result will be sent to the MRO.
The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the
driver directly, the MRO must contact the City who will direct the driver to contact the MRO.
Chain of Custody and Confidentiality of Test Results
All controlled substance and alcohol testing will be performed in compliance with applicable
law, including use of an appropriately licensed urine testing laboratory which observes
applicable control and custody procedures. The City will use procedures to test for the presence
of alcohol and controlled substance in order to protect the driver and the integrity of the
testing process, safeguard the validity of the test results, and ensure that test results are
attributed to the correct driver. All reports of tests will be kept in the strictest confidence by
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the laboratory and provided only to the City and the City’s MRO, unless the driver provides
written consent or disclosure is otherwise permitted or required by law.
Review by Medical Review Officer (MRO)
Results of controlled substance tests will be sent by the testing laboratory to an independent
Medical Review Officer (MRO) selected by the City. The MRO is a licensed physician with
knowledge and clinical experience in substance abuse disorders and is responsible for
performing many functions, including reviewing and interpreting test results, reviewing the
driver’s medical history to explain a positive test result, and notifying drivers of confirmed
positive test results. Drivers who have been tested for controlled substances must remain
available following the test to be contacted by the MRO.
Prior to making a final decision to verify a positive test result, the MRO will give the individual
an opportunity to discuss the test result. The MRO, or a staff person under the MRO’s
supervision, will contact the individual directly, on a confidential basis, to determine whether
the individual wishes to discuss the test result. If the individual wishes to discuss the test result.
1. The individual may be required to speak and/or meet with the MRO, who will review the
individual’s medical history, including any medical records provided.
2. The individual will be afforded the opportunity to discuss the test results and to offer
any additional or clarifying information which may explain the positive test result.
3. If there is some new information which may affect the original finding, the MRO may
request the laboratory to perform additional testing on the original specimen in order to
further clarify the results.
4. A final determination will be made by the MRO that the test is either positive or
negative, and the individual will be so advised.
If the MRO determines that there is a legitimate medical explanation for a confirmed positive
test result, the MRO will report the test result to the City as negative. If the MRO determines
that there is no legitimate medical explanation for a confirmed positive test result, the MRO will
report the positive test result to the City in accordance with DOT regulations. Based on a review
of laboratory reports, quality assurance and quality control data, and other controlled
substance test results, the MRO may conclude that a particular confirmed positive controlled
substance test result is scientifically insufficient for further action. Under these circumstances,
the MRO will conclude that the test is negative for the presence of controlled substances or
controlled substance metabolites in a driver’s system.
The driver can request the MRO to have the split specimen (the second “B” container) tested at
the driver’s expense. This includes all costs that may be associated with the re-test. There is no
split specimen testing for an invalid result. The driver has 72 hours after they have been
notified of the positive result to make this request. If the employee requests an analysis of the
split specimen, the MRO will direct the laboratory to send the split specimen to another
certified laboratory for analysis.
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If an employee has not contacted the MRO within 72 hours, the employee may present
information documenting that serious injury, illness, lack of actual notice of the verified test
result, inability to contact the MRO, or other circumstances unavoidably prevented the
employee from making timely contact. If the MRO concludes there is legitimate explanation for
the employee’s failure to contact within 72 hours, the MRO will direct the analysis of the split
specimen.
If the results of the split specimen are negative, the City may pay for all costs associated with
the rest and there will be no adverse action taken against the employee or job applicant.
Notification of Test Results
Job Applicants
The City will notify an applicant of the results of a pre-employment-controlled substance test if
the applicant requests such test results within sixty (60) calendar days of being notified of the
disposition of the applicant’s employment application.
Employees
The City will notify a driver of the results of random, reasonable, suspicion, and post-accident
tests for controlled substance if the test results are verified positive and will inform the driver
which controlled substance or substances were verified as positive. Results of alcohol tests will
be immediately available from the collection agent.
Right to Confirmatory Retest
Within seventy-two (72) hours after receiving notice of a positive controlled substance test
result, an applicant or driver may request a confirmatory retest of the driver’s split specimen
through the MRO. Action required by federal regulation as a result of a positive controlled
substance (e.g., removal from safety-sensitive functions) will not be stayed during retesting of
the split specimen. If the result of the confirmatory retest fails to reconfirm the presence of the
controlled substance(s) or controlled substance metabolite(s) found in the primary specimen,
or if the split specimen is unavailable, inadequate for testing or untestable, the MRO will cancel
the test. Drivers will be reimbursed for any pay lost if taken out of service based upon a positive
test result which is later negated by a confirmatory retest, and no adverse personnel action will
be taken against the driver or job applicant based on the original test.
Dilute Specimens:
1. Dilute Positives. If the City receives information that a driver has provided a dilute positive
specimen, the City will consider the employee to have tested positive under this policy.
2. Dilute Negatives.
1. The laboratory reported to the MRO that a specimen is invalid, and the MRO
reported to the City that there was not an adequate medical explanation for the
result.
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2. The MRO reported to the City that the original positive, adulterated, or substituted
result had to be cancelled because the test of the split specimen could not be
performed.
3. If the MRO directs the City to conduct a recollection under direct observation (i.e.,
because the creatinine concentration of the specimen was equal to or greater than
2mg/dL, but less than or equal to 5 mg/dL (see 49 C.F.R. §40.155(c)), the City will
direct the driver to immediately retest.
Refusal to Submit a Test
Drivers and applicants have the right to refuse to submit to an alcohol or controlled substance
test pursuant to this Policy. If a driver or applicant refuses, no test will be conducted pursuant
to this Policy. This Policy does not affect a law enforcement agency’s ability to lawfully obtain a
chemical sample. However, such a refusal by a driver will be considered a positive test result,
will cause disqualification from performing safety sensitive functions, and will result in
discipline pursuant to this policy. If an applicant refuses to submit to pre-employment testing,
any conditional offer of employment will be withdrawn.
Consequences for Drivers Engaging in Prohibited Conduct
1. Job Applicants. The City’s conditional offer of employment will be withdrawn from any job
applicant or employee seeking a transfer who refuses to be tested or tests positive for a
controlled substance pursuant to this policy.
2. Removal from Safety-Sensitive Function. Employees shall not be permitted to perform
safety-sensitive functions; Federal Highway Administration (FHWA) rules require that in
the event of an alcohol test result over .02 but less than 0.04, an employee shall not be
permitted to perform safety-sensitive functions for at least 24 hours.
If a driver tests positive under this policy or is found to have an alcohol concentration of
.02 or greater but less than .04, the driver will be removed from safety-sensitive duties
and escorted home; the driver should not drive home but be escorted to his or her
home. The driver may use comp time or PTO when in place for hours missed from work.
3. Notification of Resources. The City shall advise employees of the resources available to
them, including but not limited to the City’s EAP, in evaluating and resolving problems
associated with misuse of alcohol or use of controlled substances, including the names,
addresses, and telephone numbers of SAPs and counseling and treatment programs.
The City will provide this SAP listing in writing at no cost to the driver.
4. Evaluation and Follow-up Testing. Employees shall be evaluated by an SAP as determined by
the City. The SAP shall determine what assistance, if any, the employee needs in
resolving problems associated with alcohol misuse and/or controlled substance use. In
addition, each employee identified as needing assistance in resolving problems
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associated with alcohol or controlled substances shall be evaluated by an SAP to
determine that the driver has the rehabilitation program prescribed.
5. Responsibility for Cost of Evaluation and Rehabilitation. Drivers will be responsible for
paying the cost of evaluation and rehabilitation (including services provided by an SAP)
recommended or required by the City or FMCSA or DOT rules, except to the extent that
such expense is covered by an applicable employee benefit plan or imposed on the City
pursuant to a collective bargaining agreement.
6. Return-to-Duty. Before an employee returns to duty requiring performance of a safety-
sensitive function he/she shall undergo a return-to-duty test with a result indicating a
breath alcohol level of less than 0.02 if the conduct involved alcohol, or a controlled
substance test with a verified negative result if the conduct involved controlled
substance use. The employee shall also be subject to unannounced follow-up alcohol
and controlled substance testing following the employee's return to work. This testing
shall be as directed by the SAP and federal law.
7. Refusal to test. All drivers and applicants have the right to refuse to take a required alcohol
and/or controlled substance test. If an employee refuses to undergo testing, the
employee will be considered to have tested positive and may be subject to disciplinary
action, up to and including termination. Refer to Refusing to Test provided earlier in this
policy.
8. Discipline. The City reserves the right to impose whatever discipline the City deems
appropriate in its sole discretion, up to and including termination for a first occurrence,
against drivers who violate applicable FMCSA or DOT rules or this policy, subject to
applicable personnel policies and collective bargaining agreements. Except as otherwise
required by law, the City is not obligated to reinstate or requalify such drivers following
a first positive confirmed controlled substance or alcohol test result.
The Clearinghouse
The Clearinghouse is electronic database containing records of violations of drug and alcohol
prohibitions in 49 C.F.R. § 382, Subpart B. The database will include positive drug or alcohol test
results, refusals, and other drug and alcohol violations for CDL drivers. When a driver completes
the return-to-duty process, this information will also be recorded in the Clearinghouse.
Pre-Employment Query
As of January 6, 2020, the City will not employ a driver without first conducting a pre-
employment query of the Clearinghouse to obtain information about whether the applicant has
controlled substances test result; has an alcohol confirmation test with a concentration of 0.04
or higher; has refused to submit to a test in violation of § 382.211; or that an employer has
reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in
violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol
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following an accident in violation of § 382.209, or used a controlled substance, in violation of §
382.213. 49 C.F.R. § 382.701(a). If an applicant does not consent to this pre-employment query,
the City will not offer the applicant employment, and any conditional offer for employment will
be withdrawn.
Annual Full Query for Drivers
As of January 6, 2020, the City shall conduct a query of Clearinghouse at least once per year for all
drivers. All drivers must provide specific consent for this annual full query. 49 C.F.R. § 382.701(b)(1).
Limited Query
In lieu of a full query, the City may conduct a limited query to satisfy the annual query
requirement. A limited query will tell the City whether there is information in the Clearinghouse
about the driver, but it will not release that information to the City. A driver must consent to a
limited query, but a driver’s consent for a limited query can be effective for more than one
year. 49 C.F.R. § 382.701(b)(2).
Positive Limited Query
If the limited query shows that information exists in the Clearinghouse about the individual
driver, the City must conduct a full query, within 24 hours of conducting the limited query. If
the City does not complete the full query within 24 hours, then the City shall not allow the
driver to continue to perform any safety-sensitive function until the employer conducts a full
query.
City Notification
The City will be notified if any information is entered about a driver or applicant within 30 days
of the City’s query 49 C.F.R. § 382.701(c).
Prohibition for Drivers
The City will not allow a driver to perform any safety-sensitive function if the results of a
Clearinghouse query demonstrate that the driver has any of the following items.
1. Has a verified positive, adulterated, or substituted controlled substances test result.
2. Has an alcohol confirmation test with a concentration of 0.04 or higher.
3. Has refused to submit to a test in violation of § 382.211.
4. That an employer has reported actual knowledge, as defined at § 382.107, that the
driver used alcohol on duty in violation of § 382.205, used alcohol before duty in
violation of § 382.207, used alcohol following an accident in violation of § 382.209, or
used a controlled substance in violation of § 382.213, except where a query of the
Clearinghouse demonstrates:
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5. That the driver has successfully completed the SAP evaluation, referral, and
education/treatment process; achieves a negative return-to-duty test result; and
completes the follow-up testing plan prescribed by the SAP; or
6. If the driver has not completed all follow-up tests as prescribed by the SAP and specified
in the SAP report, the driver has completed the SAP evaluation, referral, and
education/treatment process and achieves a negative return-to-duty test result, and
City assumes the responsibility for managing the follow-up testing process associated
with the testing violation.
Record Keeping Required
The City will retain a record of each query and all information received in response to each
query made under this section for a period of three (3) years. On January 6, 2023, the City’s
maintenance of its registration with the Clearinghouse will satisfy this recordkeeping
requirement.
The City’s Obligation to Report to the Clearinghouse
The City is required to collect, maintain, and report personal information of applicants and
drivers to the Clearinghouse if an applicant or driver has any of the following items.
1. Has a verified positive, adulterated, or substituted drug test result.
2. An alcohol confirmation test with a concentration of 0.04 or higher.
1. A refusal to submit to a drug or alcohol test.
2. An employer’s report of actual knowledge that a driver has used alcohol or controlled
substances, as defined at 49 C.F.R. § 382.107.
3. On-duty alcohol use while performing safety-sensitive functions pursuant to 49 C.F.R. §
382.205.
4. Pre-duty alcohol use within four hours before performing a safety-sensitive function
pursuant to 49 C.F.R. § 382.207.
5. Alcohol use following an accident pursuant to 49 C.F.R. § 382.209.
6. Drug use pursuant to 49 C.F.R. § 382.213.
7. An SAP’s report of the successful completion of the return-to-duty process.
8. A negative return-to-duty test.
9. An employer’s report of completion of follow-up testing.
49 C.F.R. § 601(b)(12).
Employee Assistance Program
The City has in place a formal employee assistance program (EAP) to assist employees in
addressing serious personal or work-related problems at any time. The City’s EAP provides
confidential, cost-free, short-term counseling to employees and their families. Employees who
may have an alcohol or other drug abuse problem are encouraged to seek assistance before a
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problem affects their employment status. Contact Human Resources for additional information
on the City’s EAP program.
Signs or Symptoms of Alcohol or Drug Abuse
The following is a list of some of the most common physical, psychological, and behavioral signs
and symptoms of drug or alcohol abuse.
1. Poor coordination.
2. Slurred speech.
3. Impaired thinking.
4. Memory impairment.
5. Diverting energy from work, family, and social life in order to drink or use drugs.
6. Being secretive about the extent of the alcohol abuse in order to protect it.
7. Engaging in risky behavior, such as impaired driving.
8. Being in denial about the extent of the alcohol abuse problem.
9. Becoming distressed at the prospect of not having access to alcohol.
10. Symptoms of withdrawal may include shaking, anxiety, irritability, confusion, fever, and
rapid heartbeat.
Employees who have concerns about another employee may seek assistance from their
immediate supervisor or Human Resources. Human Resources will provide resources and
intervene when necessary to assist an employee experiencing alcohol or drug abuse problems.
49 C.F.R. § 601(b)(11).
Policy Contact for Additional Information
If you have any questions about this policy or the City’s drug and alcohol testing procedures, you
may contact your immediate supervisor or Human Resources to obtain additional information.
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APPENDIX I
CITY OF MONTICELLO SOCIAL MEDIA POLICY
Governing Policy: City of Monticello SOCIAL NETWORKING POLICY- CITY MAINTAINED SITES
Applies To: This policy applies to all employees and agents with administrator access to City-
maintained sites.
Summary: This policy provides guidance on scope, rules of use, and data ownership of City-
maintained sites.
Purpose
The City of Monticello uses social media to serve two primary functions: to communicate
messages directly to the public and to encourage public involvement, interaction, and
feedback. Information distributed via social media sites will be accurate, consistent, timely, and
communicated in a professional manner. The city’s use of these sites will be in accordance with
federal, state, and local laws regarding public records and data practices.
The city has limited control of social media accounts with third parties (i.e., Facebook, Twitter,
etc.). However, there is a general public expectation that the city will have a social media
presence to share information. The city’s social media accounts will be used for incidental, non-
vital communication and general information only. It is not the purpose of the city’s social
media accounts to be a medium for transactions of city business. The one exception is in the
case of a natural or man-made disaster, if the city determines that the best means of
communicating with the public is through social media account(s).
This policy seeks to ensure proper administration of the City of Monticello’s social media
accounts by its representatives. City representatives are responsible for operating the city’s
social media resources in an efficient, effective, ethical, and lawful manner pursuant to all
existing city policies.
Policy
The City of Monticello will determine, at its discretion, how its social media resources will be
designed, implemented, and managed as part of its overall communication strategy.
City of Monticello social media accounts are considered a city asset and management, access
and use of these accounts will be securely administered in accordance with the city’s policies.
The city reserves the right to shut down any of its social media sites or accounts for any reason
without notice.
All social media accounts created and utilized during the course and scope of an employee’s
performance of their job duties will be identified as belonging to the City of Monticello. The City
of Monticello does not create or maintain social media accounts for its elected officials.
Scope
This policy applies to any existing or proposed social media accounts sponsored, established,
registered, or authorized by the City of Monticello. The city’s social media accounts are
exclusively the following:
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Facebook
1. City of Monticello: www.facebook.com/cityofmonticello
2. Monticello Fire Department: www.facebook.com/montifire
3. Hi-Way Liquors: www.facebook.com/hiway.liquors.mn
4. Monticello Community Center: www.facebook.com/monticellocommunitycenter
5. Monticello Farmers Market: www.facebook.com/montimarket
6. FiberNet Monticello: www.facebook.com/fibernetmonticello
7. Monti Arts Initiative: www.facebook.com/montiarts
Twitter
1. City of Monticello: www.twitter.com/Monticello_MN
2. FiberNet Monticello: www.twitter.com/FiberNet_Tweets
3. Monti Arts Initiative: www.twitter.com/montiarts1
Instagram
1. Monticello Community Center: www.instagram.com/monticommcenter
2. Monticello Farmers Market: www.instagram.com/monticellofarmersmarket
3. Monti Arts Initiative: www.instagram.com/monti_arts
The City does not create, collect, disseminate, or control the use of any other social media
accounts, including the personal accounts of its elected officials and staff. Questions regarding
the scope of this policy should be directed to the Communications Coordinator.
Definition
Social media are internet and mobile-based applications, websites, and functions (other than
email) for sharing information. Users can post photos, videos, comments, and links to other
information to create content. This may be referred to as “user-generated content” or
“consumer-generated content.”
Social media includes, but is not limited to:
• Social networking sites and apps such as Facebook, Twitter, LinkedIn, and NextDoor
• Blogs
• Social news sites such as Reddit and Buzzfeed
• Video and photo sharing sites and apps such as YouTube, Instagram, SnapChat, TikTok,
and Flickr
• Wikis, or shared encyclopedias, such as Wikipedia
• An ever-emerging list of new web-based platforms generally regarded as social media or
having many of the same functions as those listed above
As used in this policy, “employees and agents” means all city representatives, including its
employees and other agents of the City, such as independent contractors.
“Social media manager” means any city employee or agent with administrator access who,
when posting or responding to a post, appears to the city social media account owner.
Rules of Use
City employees and agents with administrator access are responsible for managing social
media. All those granted administrator access must execute a Social Media Account
Authorization Form and comply with city training, documentation and policy requirements.
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Facilities or departments wishing to have a new social media presence must initially submit a
request to the Communications Coordinator in order to ensure social media accounts are kept
to a sustainable number and policies are followed. All approved sites will be clearly marked
with the official name of the department and will be linked to the official city site. No one may
establish social media accounts on behalf of the city unless authorized in accordance with this
policy.
The city’s social media pages must conspicuously display or link to a public notice informing the
public of the purpose of the social media presence and the terms one agrees to in accessing,
using, or posting to the city’s social media page.
Administration of all social media accounts must comply with applicable laws, regulations, and
policies as well as proper business and government etiquette.
City social media accounts covered by this policy will not be used by social media managers for
private or personal purposes or for the purpose of expressing private or personal views on
personal, political, or policy issues or to express personal views or concerns pertaining to city
employment relations matters.
No city social media account may be used by the city or any social media manager to disclose
private, confidential, or sensitive information. If there is any question as to whether
information falls into any of these categories, please contact the City Clerk.
The use of social media is intended to supplement rather than replace existing forms of
communication with the public. Outside of disaster situations, no city social media account will
be used for transactions of city business. If a user initiates a request, application, or question
through social media that affects city business or requires another city policy be followed,
respond to that user by phone, email, or other channels. In the event of a general interest
question, a response may be given in the comments, the initial post may be edited, or a
subsequent post may be created to include the information.
The city recognizes the public has the ability to comment on social media postings; however, the
sites affiliated with the city have not been created as public forums. City of Monticello social
media managers will not edit any posted comments. However, comments posted by members of
the public may be removed if they fall into at least one of the following categories:
• Obscene or pornographic content
• Direct threats to persons or property
• Material asserted to violate the intellectual property of another person
• Private, personal information about a person published without their consent
• Information that compromises a public safety security system
• Statutorily private, confidential, or nonpublic data
• Commercial promotions, spam, or off-topic
• Are potentially libelous
• Are prejudiced or hurtful remarks made toward any person or entity, including an
ethnic, racial, or religious groups
• Contain vulgar language
• Advocate illegal activity
• Promote political organizations
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• Violate laws regarding public information, open meetings, or data practices
• Hyperlinks to material that falls into one of the foregoing categories
• Do not support the goal of providing public information
Comments are periodically monitored and inappropriate material will be removed when
identified. A copy of the removed content will be saved in a social media archive along with an
explanation of the specific policy violation authorizing its removal.
A member of the public whose comment is removed may appeal the removal of the content and
seek reconsideration of its removal by contacting the city in writing and explaining how the
comment does not fall into one of the categories for removal. A written response should be
provided as soon as reasonably possible.
A member of the public who disputes the legality of any portion of this policy may dispute the
particular portion in writing. The city should acknowledge the claim promptly and, upon
consultation with the city attorney, respond to the claim concerning legality of the policy portion
as soon as reasonably possible.
The comments expressed on City of Monticello social networking sites do not reflect the opinions
or positions of the City of Monticello, its employees, advisory boards, or elected officials.
Data Ownership
All communications or messages within social media accounts covered by this policy composed,
sent, or received on city or personal equipment are the property of the city and will be subject
to the Minnesota Government Data Practices Act. This law classifies certain information as
available to the public upon request. As no transaction of city business shall be conducted
through social media accounts (outside of disasters), in accordance with the city’s records
retention schedule, the city shall retain all social media messages only until read.
The City of Monticello also maintains the sole property rights to any image, video, or audio
captured while a city employee is representing the city in any capacity.
This updated document replaces the previous social media policy adopted in 2017.
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APPENDIX II
ALTERNATIVE WORK ARRANGEMENT PROCEDURES
Governing Policy: City of Monticello ALTERNATIVE WORK ARRANGMENTS POLICY
Applies To: This policy applies to regular full-time and regular part-time employees.
Department Directors shall determine which positions are eligible for participating in the
alternative work arrangement.
Summary: Established procedures, roles, responsibilities, and conditions for when department
directors may recommend, and the city administrator may approve Alternative Work
Arrangements as defined in the policy.
PURPOSE
To establish a Citywide system under which employees are approved to have Alternative Work
Arrangements (AWAs).
The following procedures have been developed to support the AWA Policy and cover the
following types of AWAs:
A. Compressed Workweek
B. Flextime
C. Telework
AWAs are not appropriate for all employees and no employee is entitled to or guaranteed the
opportunity to enter into them. Discretion io grant or deny them is not appealable.
ALTERNATIVE WORK ARRANGEMENT DEFINED
Listed below are the three types of AWAs covered by the City of Monticello AWA Policy.
A. Compressed Workweek: A 40-hour workweek is completed in less than five (5) full
workdays, or an 80-hour work schedule is completed over a two-week period in less
than ten (10) workdays. Examples of compressed workweeks include but are not limited
to:
1. Working four 10-hour days
2. Working 9-hours for four days, and 4-hours for 1 day
3. Working 9-hours for 8 days and 8-hours for 1 day with 1 day working 0-hours (Note:
this type of arrangement is not an option for non-exempt employees who are
eligible for overtime payment)
B. Flextime: A 40-hour workweek is completed (for full-time employees) but there is
flexibility in establishing daily start and end times. Days of the workweek may have
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varying start and end times, but the pattern should occur predictably over each
workweek. Examples of flextime arrangements include but are not limited to:
1. Flexible Work Hours: Employees work 8-hour days with start/end times varying from
the standard City location schedule. Manager identifies core hours for the
department/City.
2. Flexible Work Schedule: Employees do not work a standard 8-hour day. Workdays
vary from day to day but remain consistent over a standard pay period. Example
shown below:
Monday Tuesday Wednesday Thursday Friday
9 hours 9 hours 8 hours 7 hours 7 hours
C. Telework: A formalized work arrangement that allows an employee to perform work on
a regular, recurring basis at a telework location that is not the employee’s permanent
work location.
Telework Definitions:
Permanent/principal work location: The worksite to which an employee is permanently
assigned, usually a City office.
Telework: A formalized work arrangement that allows an employee to perform work on
a regular, recurring basis at a telework location that is not the employee’s permanent
work location.
Teleworker: An employee who has entered into a telework agreement with the City and
works at a telework location on a recurring basis.
Telework Location: An approved alternative worksite in which an employee is
authorized to conduct telework. The telework location is an employee’s home.
Note: Employees will not be approved for more than one of the above AWAs.
ELIGIBILITY AND APPROVALS
Eligibility
A. Eligibility for Compressed Workweek or Flextime Arrangements
Management should consider the following before entering into an agreement that allows
and employee to work a compressed workweek or flextime arrangement:
1. The needs of the department and organization as a whole
2. The impact the arrangement will have on customer service, departmental and City
operations
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3. The employee’s duties and responsibilities
4. The impact on co-workers
5. Budgetary impact
6. Ability to support and/or supervise staff
7. The employee’s current and past job performance.
8. Employment status under the Fair Labor Standards Act (FLSA)
a) Exempt Employees: Standard work hours are a minimum of 80 hours per pay
period with expectations of working additional hours as required to achieve
expected job outcomes. Working a compressed workweek or flextime
arrangement does not change those expectations.
b) Non-Exempt Employees: Work schedules that will require the City to pay
overtime under the FLSA should not be approved. For example, if an
employee was approved to work 45 hours in Week 1 and 35 hours in Week 2,
the City would be liable for five (5) hours of overtime pay in Week 1.
Note: AWAs granted under this section will be evaluated for effectiveness at 6
months and annually thereafter and may be discontinued at any time at the
discretion of the department director. Employees may also discontinue the AWA.
B. Eligibility for Telework Arrangement
Management should consider the following before entering into an agreement with an
employee to telework:
1. Needs of the department and organization as a whole
2. Employee’s duties and responsibilities
3. Ability to provide adequate supervision of the employee remotely
4. Overall costs and who is responsible for these costs. Note: the arrangement should
be at least cost neutral for the employee and organization.
5. The effects of teleworking on customer service
6. The effects of teleworking on co-workers
7. The costs to be saved or incurred
8. The need or availability of tools and equipment including high-speed internet.
9. The existence of well-defined job objectives and output that can be assessed
10. The teleworker can be reached by coworkers and customers and be responsive to
calls and other types of correspondence
11. A need for sensitive data that cannot be taken off-site; the ability or lack of ability to
safeguard necessary data
12. Feasible method to accurately track and record time worked for payroll processing
and FLSA / state law compliance
13. The employee’s current and past job performance
14. The employee’s communication skills
15. The employee’s ability to manage priorities and work independently
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16. Attendance history (excluding Family and Medical Leave Act (FMLA) absences, other
statutorily-protected leaves, and Americans with Disabilities Act (ADA)
accommodations)
17. The employee’s ability to complete work projects with minimal direct oversight or
supervision
Request and Approval Process
A. AWA Request and Approval Process- Employee
An employee who wishes to request an AWA shall follow the process listed below:
1. Speak with their supervisor to determine if an AWA is possible and determine
which type of AWA is the best fit for the individual and department.
2. Complete and submit and AWA Request form located on the EmployeeNet and
submit the completed form to their supervisor for review. The supervisor will
discuss the request with the department director and determine if the requested
arrangement is possible.
3. If the agreement is supported by the supervisor and department director, it will
be brought to the city administrator for review and final approval.
4. Upon receiving final approval and AWA agreement will be prepared by the
supervisor for review and signatures.
B. AWA Request and Approval Process- Department Approval
When an employee requests an AWA, the department shall follow the process listed
below:
1. Upon receipt of an AWA Request form, the supervisor shall discuss the request
with the department director to determine if the employee’s request should be
approved based on the criteria outlined in this section.
2. If the supervisor and department director support the request the request
should be brought to the city administrator for review and approval.
3. If the request is approved, the supervisor shall meet with the employee to
establish the standards and expectations utilizing the AWA Agreement form. The
supervisor should forward the AWA Agreement to the appropriate personnel for
signatures.
4. Copies of the completed agreement shall be sent to the employee and
maintained in the employee’s personnel file and supervisory file.
5. The supervisor shall monitor compliance with the AWA Agreement form.
6. The supervisor shall review the arrangement at 6 months and annually
thereafter, to assure performance expectations are being met and circumstances
have not changed. The supervisor with approval from the department director
has the right to terminate the agreement at any time.
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Appeal Rights
An employee has no property right to and AWA and does not acquire such right by being
provided the opportunity to work an AWA for any period of time. AWAs should not be
considered indefinite and shall be assessed on an annual basis at minimum. An
employee cannot grieve the decision of management to grant, deny, or revoke an AWA.
ROLES AND RESPONSIBILITIES
Supervisory Responsibilities
A. Compliance. Supervisors are responsible for complying with the AWA and all City and
departmental policies and established procedures.
B. Communication. The supervisor must work with the employee to develop an effective
communication plan. The communication plan should ensure that the employee
effectively manages their workload, and the AWA does not have a negative impact on
the employee’s managers, supervisors, co-workers, customers, or City’s operations.
C. Response Time. The supervisor should set expectations for acceptable response
timeframes for external and internal customers and maintain regular communication
with the employee.
D. Work Schedules and Meetings. The supervisor should communicate planned meeting
schedules in advance, if possible, to permit the employee to adjust their work schedules
and/or work location accordingly.
E. Feedback. Provide regular and appropriate feedback.
F. Review of AWA. Review the employee’s AWA at 6 months and at least annually
thereafter.
Employee Responsibilities- General
A. Compliance. Comply with the AWA agreement and all City and departmental policies
and established procedures.
B. Communication. Have frequent, open communication with supervisors and co-workers.
C. Work Schedules and Meetings. Employees must communicate any deviations from their
approved AWA to their supervisor. Employees with working under approved AWAs must
attend meetings and training in-person as required.
D. Performance. Employees are responsible for maintaining satisfactory work
performance. Declining or unsatisfactory work performance may result in termination of
the telework agreement.
Employee Responsibilities- Telework
A. Personal Activities. Telework hours are regular work hours and may not be used as a
substitute for personal activities, such as dependent care or errands. Just as with regular
work hours, teleworkers are expected to follow City PTO policies and procedures to
request time off to engage in non-work activities.
131
B. Work Schedule/Meetings. Prior to entering into a telework agreement, the supervisor
and teleworker must discuss the work schedule, including normal workday hours,
breaks, and use of PTO. The work schedule must comply with the FLSA and City policies
and procedures. Any changes to the work schedule must be approved. Exempt
employees must notify their supervisor if they will not be available.
The supervisor must determine the number of days per week/payroll period that the
employee will be permitted to telework. Supervisors may approve up to 2 days of
telework per week.
Unless excused by the supervisor, the teleworker must attend all assigned meetings,
including those which would normally be held on a telework day. The supervisor will
determine whether the teleworker’s attendance at the meeting must be in-person, or if
the teleworker may attend the meeting remotely from the telework location.
Teleworkers may be required to come into the office on a telecommute day if there are
unexpected absences causing a shortage of employees at the office.
C. Location and Travel. Normal commute time between a telework location and the
permanent work location is not work time. If occurring during the teleworker’s normally
scheduled work hours, travel time between the telework location and the permanent
work location is considered work time. For example, if a teleworker begins work at the
telework location at 8:00 a.m., and then travels to the permanent work location
beginning at 10:00 a.m., travel time would be considered work time. Travel home from
the permanent work location is not work time unless the teleworker continues to
perform work activity from the telework location after returning from the permanent
work location. Mileage between the Telework Location and the permanent work
location shall be considered commuting mileage and is not subject to reimbursement.
D. Communications. Teleworkers must be reachable by customers, co-workers, managers,
and supervisors during agreed-upon hours. Teleworkers must notify assigned office staff
and/or their supervisors if they leave their telework location during work hours, just as
they would if they worked in the permanent work location. They must also notify the
supervisor if they are not performing work due to PTO time and must follow the normal
procedures for requesting time off.
E. Supplies and Expenses. Supplies needed for the telework location will be obtained
through the normal supply request procedures. A teleworker must seek prior approval
from the supervisor for expenses that will be incurred. Approved expenses will be
reimbursed in accordance with existing policies. The City may provide staff working
remotely with appropriate internet access if a hotspot is available. The City will not
reimburse the cost of internet or phone service.
F. Telework Location is in the Home. The teleworker is responsible for establishing and
maintaining a safe and adequate telework location in the home. The designated
telework location may be subject to review and approval by the supervisor to ensure
that it is conducive to performing work. The teleworker will be responsible for all costs
132
related to modifications of the telework location including, but not limited to,
remodeling or electrical modifications. In-person business meetings may not be held in
the home telework location; meetings may be conducted in a public setting outside the
home or via video conference, phone conference, or other electronic means.
G. Privacy and Security. Teleworkers are responsible for protecting the privacy and
confidentiality of data and information at their telework location. Teleworkers must
ensure the security of data and information that is transported to and from their
telework location.
H. Insurance. Any insurance for City-owned equipment is the responsibility of the City. The
City is not responsible for insuring the telework location. Teleworkers are responsible
for purchasing personal insurance for employee-owned equipment and for the telework
location, if desired. The City is not responsible for any loss or damage to any employee-
owned equipment.
I. Return of Property. Any City-owned property used specifically for telework purposes as
well as documents and other information must be returned to the City upon
termination of the telework agreement.
J. Notice to Supervisor. Teleworkers are responsible for promptly notifying their
supervisor of an equipment malfunction or failure of either City-owned or employee-
owned equipment needed to do assigned work. If the malfunction prevents the
teleworker from performing assigned tasks, the teleworker must notify the supervisor
immediately.
K. Inclement Weather. A teleworker who is scheduled to work at their telework location
on a day with inclement weather is expected to work as normally scheduled.
L. Closure of City Facility(ies). If a City facility is closed due to a natural or human-made
emergency, any employee scheduled or able to telework is expected to work as
normally scheduled.
M. Taxes. Federal and state tax implications of teleworking and use of the home as a
telework location are the responsibility of the teleworker.
AWA AGREEMENTS
An AWA Agreement must be executed prior to initiating an AWA. At minimum, the City’s AWA
Agreement will include the following:
1. Employee performance expectations and monitoring process
2. Work hours and schedule
3. Communication and availability
4. Employment conditions
Also included for telework AWAs:
5. Work location
6. Equipment and supplies
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7. Workers’ compensation
8. Responsibility for work area and equipment
9. Data privacy and security
10. Expense reimbursement
A. Signature
The AWA Agreement must be signed by the City Administrator, Human Resources
Manager, Department Director, Supervisor, and Employee prior to implementing the
AWA.
B. Cancellation
The AWA can be changed or canceled by the City, at any time, with or without cause or
notice. The employee can also cancel the AWA at any time. The employee must give
sufficient advance notice to their supervisor.
C. Changes to AWA Agreement
Any changes to the AWA by the employee must be reviewed and approved by the
supervisor. The supervisor has the discretion to approve or reject any proposed
changes.
D. Renewal of Agreement
AWA Agreements cannot exceed more than one year. Agreements must be reviewed
and may be renewed at management’s sole discretion annually during the employee
performance review period. The Telework Agreement also must be reviewed if any of
the following occur: 1) a change in your job duties; 2) you or your supervisor change
positions; 3) trial period expires; or (4) a change in any of the conditions of the AWA
Agreement occurs.
EQUIPMENT AND MATERIALS- TELEWORK
City-Provided Equipment
The City may provide, at their sole discretion, computer hardware equipment, software, and
telephone service deemed necessary for the teleworker to perform assigned work at a telework
location.
The City must maintain a record of City-owned hardware, software, and other equipment
located at the telework location.
The City is responsible for installing, testing, maintaining, and repairing City-owned equipment
and upgrades of software.
Any equipment, hardware, and/or software the City furnishes to the teleworker remains the
property of the City and is subject to the same business use restrictions as if the property was
located on City premises. To ensure hardware and software security for City-owned equipment,
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all software used for teleworking must be approved by the City. City-owned software cannot be
installed on employee-owned hardware. Employee-owned software cannot be installed on City-
owned hardware. Teleworkers must continue to comply with technology policies.
Permanent Location Workspace
The City will provide the teleworker with a workspace when the teleworker works at the
permanent location.
DATA AND SECURITY- TELEWORK
Data Practices Act
Teleworkers must follow all applicable provisions of the Minnesota Government Data Practices
Act (“MGDPA”) and City data privacy policies when performing work at the telework location.
The teleworker and supervisor must discuss the type and form of data which will be taken to
and from the telework location and must agree on the security and transfer process necessary
to meet the needs of the City, to protect the security of the data, and to comply with the
MGDPA.
Data Requests and Retention
Data created and maintained during a telework arrangement generated for the purpose of
conducting City business is subject to the MGDPA, regardless of whether the telework is
performed using City-owned or employee-owned equipment. This means the teleworker is
responsible for following proper retention procedures, such data remains the property of the
City, and the teleworker must return all such data to the City upon request of the City or upon
the teleworker’s separation from employment.
TELEWORK SITE- TELEWORK
The telework location is considered an extension of the City during the agreed upon working
hours. The designated telework location must accommodate any equipment to be used in work
performed and the teleworker must protect the workspace from hazards and dangers that
could affect the teleworker or the equipment. The City may, at its discretion, send a
representative to visit the telework location, with advanced notice, to ensure that the
equipment and work area are safe and free from hazards.
The telework location must accommodate any equipment to be used in work performed and
the teleworker must protect the telework location from hazards and dangers that could affect
the teleworker or the equipment. The teleworker is responsible for taking appropriate steps to
minimize damage to City-owned property at the telework location.
The City does not assume responsibility for injury or property damage to third parties that may
occur at the telework location. Business meetings may not be held in a teleworker’s home.
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Employees are covered by Workers' Compensation laws when acting in the course and scope of
employment while in telework status. Any injury that occurs within the course and scope of
employment must be reported to the supervisor immediately, using the City’s standard
workplace injury reporting process. The employee's designated telework location is considered
an extension of City workspace only during scheduled teleworking hours for purposes of
workers' compensation.
ADA ACCOMODATIONS AND MEDICAL RESTRICTIONS
The approval process outlined in these procedures do not apply to requests for an AWA as an
accommodation under the Americans with Disabilities Act (ADA) or for temporary medial
restrictions. ADA accommodation requests or requests or requests related to medical
restrictions will be reviewed by the Human Resources Department.
City Council Agenda: 11/24/2025
1
2F. Consideration of adopting Resolution 2025-71 accepting the Central Minnesota Arts
Board (CMAB) Public Art Grant award of $9,000 in support of MontiArts GlowFest
2026
Prepared by:
Parks, Arts & Recreation Director
Meeting Date:
11/24/2025
☒ Consent Agenda Item
☐ Regular Agenda Item
Reviewed by:
Finance Director
Approved by:
City Administrator
ACTION REQUESTED
Motion to adopt Resolution 2025-71 accepting a $9,000 grant from the Central Minnesota Arts
Board (CMAB) for MontiArts in support of GlowFest 2026, scheduled for February 28, 2026.
REFERENCE AND BACKGROUND
The City of Monticello was awarded a $9,000 grant through the CMAB Public Art Program. This
funding will support MontiArts Annual GlowFest Event, the City’s winter community
celebration. GlowFest highlights creativity, connection, and community through illuminated art
installations and interactive programming.
This competitive grant acknowledges MontiArts’ regional impact and supports the City’s
commitment to provide high-quality, accessible arts programming for residents of all ages.
Funding will directly support:
• Expanded lantern-making workshops for community members
• Collaborations with local and regional artists
• Youth engagement opportunities in the arts
• Large-scale illuminated portable art sculptures that will help activate downtown
Monticello during the winter season
Adoption of a resolution is required under Minnesota Statutes §465.03 to formally accept the
grant funds and designate their purpose.
I. Budget Impact: This grant of $9,000 will be recorded to the MontiArts department of
the General to help offset costs of the event.
II. Staff Workload Impact: The grant will require additional MontiArts staff time to
coordinate workshops, artist collaborations, and event logistics.
III. Comprehensive Plan Impact: The award aligns with the Monticello 2040 Comprehensive
Plan, which emphasizes arts and cultural programming as a means of fostering
City Council Agenda: 11/24/2025
2
community identity, supporting downtown vitality, and creating inclusive opportunities
for residents to connect.
STAFF RECOMMENDED ACTION
City staff recommends adopting resolution accepting a CMAB Public Art grant in the amount of
$9,000 to help support MontiArts GlowFest 2026.
SUPPORTING DATA
• Resolution 2025-71
CITY OF MONTICELLO
WRIGHT COUNCTY, MINNESOTA
RESOLUTION NO. 2025-71
RESOLUTION ACCEPTING GRANT FUNDING FROM THE
CENTRAL MINNESOTA ARTS BOARD IN THE AMOUNT OF $9,000
FOR MONTIARTS GLOWFEST
WHEREAS, The City of Monticello was notified by the Central Minnesota Arts Board that
the City received a grant of $9,000 to support the MontiArts Glowfest 2026; and
WHEREAS, the funding will help offset the total cost of the event; and
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MONTICELLO: That the City Council authorizes accepting grant funding of $9,000 from the
Central Minnesota Arts Board to support the MontiArts Glowfest 2026.
Adopted by the Monticello City Council this 24th day of November, 2025.
____________________________________
Lloyd Hilgart, Mayor
ATTEST:
____________________________________
Jennifer Schreiber, City Clerk
City Council Agenda: 11/24/2025
1
2G. Consideration of adopting Resolution 2025-72 accepting improvements and
authorizing final payment of $30,229.26 to Michels Underground Cable, Inc for
FiberNet Installation within the Country Club 4th development
Prepared by:
Assistant City Engineer
Meeting Date:
11/24/2025
☒ Consent Agenda Item
☐ Regular Agenda Item
Reviewed by:
Public Works Director/City Engineer,
Finance Director
Approved by:
City Administrator
ACTION REQUESTED
Motion to adopt Resolution 2025-72 accepting improvements and authorizing final payment of
$30,229.26 to Michels Underground Cable, Inc for FiberNet Installation within the Country Club
4th development.
PREVIOUS COUNCIL ACTION
May 27, 2025: Approved quote from Michels Underground Cable, Inc to install FiberNet
within Country Club 4th Addition for $30,229.26.
REFERENCE AND BACKGROUND
For the extension of Fibernet into the Country Club 4th plat, City staff collaborated with Arvig to
prepare plans and specifications needed for this utility extension as part of the development.
The conduit installation was completed earlier by the joint trench contractor under the Country
Club 4th development contract, prior to the start of this project.
The FiberNet extension work is now complete, and the contractor has submitted the final
paperwork listed below. Arvig staff verified that all the work was completed as required. As a
result, the City Council is being asked to accept the project as complete and authorize final
payment.
The contractor has submitted the following documents in support of final payment:
1. Satisfactory showing that the contractor has complied with the provisions of Minnesota
Statutes 290.92 requiring withholding state income tax (IC134 forms).
2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the
contract have been fully paid or satisfactorily secured (lien waivers).
City Council Agenda: 11/24/2025
2
I. Budget Impact: -The total construction project cost was $30,229.26 paid for by the Fiber
Optics Fund, which has a capital budget of $250,000 in 2025 with capacity remaining for
this project.
II. Staff Workload Impact: Impacts to staff workload will be minimal.
III. Comprehensive Plan Impact: N/A
STAFF RECOMMENDED ACTION
City staff recommends adopting Resolution 2025-72 accepting improvements and authorizing
final payment of $30,229.26 to Michels Underground Cable, Inc for FiberNet Installation within
the Country Club 4th development.
SUPPORTING DATA
A. Resolution 2025-72
B. Final Pay Invoice
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION 2025-72
RESOLUTION ACCEPTING IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT TO
MICHELS UNDERGROUND CABLE, INC. FOR FIBERNET INSTALLATION WITHIN THE COUNTRY CLUB
4TH DEVELOPMENT
WHEREAS, pursuant to a written contract with the City of Monticello, on May 27, 2025, Michels
Underground Cable, Inc., was awarded, by low bid, for the Fibernet installation within the Country
Club 4th development; and
WHEREAS, the final payment amount of $30,229.26 is due.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINNESOTA that the work
completed under said contract is hereby accepted and approved and that the Mayor and City Clerk
are hereby directed to issue a proper order for the final payment on such contract subject to receipt
of the following:
1) Satisfactory showing that the contractor has complied with the provisions of Minnesota
Statutes 290.92 requiring withholding state income tax (IC134).
2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the
contract have been fully paid or satisfactorily secured (lien waivers).
ADOPTED BY the Monticello City Council this 24th day of November, 2025.
CITY OF MONTICELLO
___________________________
Lloyd Hilgart, Mayor
ATTEST:
___________________________
Jennifer Schreiber, City Clerk
Bill to:Invoice #:
Date:
Michels Job #:
Pay Terms:Net 30
Attn:
Project:
AMOUNT
$30,229.26
Furnish and install flower pots
Furnish and install C-case $30,229.26
Fusion Splicing
Furnish and install 48 strand fiber BFO48
Connect into existing pedestal/vault
Furnish and install 24x36x36 vault with 8' ground rods
Furnish and install fiber pedestal with 8' ground rods
Furnish and install splice protector
18250438
City of Monticello 10/6/2025
City Hall, 505 Walnut
Pull string & tracer wire through existing duct
Country Club 4th Fibernet
Ryan Melhouse
Total Amount Due:
Furnish and install fiber optic marker
Furnish and install multiport terminal 8 port various lengths
Restoration
Audits & Records
Invoice
Furnish and install fiber tray
PLEASE REMIT TO:
817 Main St Michels Underground Cable, Inc.
Brownsville WI 53006 PO Box 95
Phone: 920.583.3132 Brownsville WI 53006-0095
www.michels.us UndergroundPayRemit@michels.us
ryan.melhouse@monticellomn.gov
25184006
Monticello, MN 55362
DESCRIPTION
Any questions regarding this invoice can be sent to UGInvoicing@michels.us
Thank you for choosing Michels Underground Cable, Inc for your partner in construction!
City Council Agenda: 11/24/2025
1
2H. Consideration of accepting quotes and awarding contract to Burschville Construction,
Inc. for the replacement of the damaged fire Hydrant at West Bridge Park in the
amount of $35,250
Prepared by:
Assistant City Engineer
Meeting Date:
11/24/2025
☒ Consent Agenda Item
☐ Regular Agenda Item
Reviewed by:
Public Works Director/City Engineer,
Finance Director
Approved by:
City Administrator
ACTION REQUESTED
Motion to approve a contract with Burschville Construction, Inc. for the replacement of the fire
hydrant, landscaping, and other damaged property in West Bridge Park in the amount of
$35,250.
REFERENCE AND BACKGROUND
On August 11, 2025, a car accident at the intersection of TH 25 and River Street resulted in
property damage along River Street and within West Bridge Park. The damaged items included
a fire hydrant, landscaping, sidewalk, and related infrastructure. Staff have been working with
the driver’s insurance company, Acuity, to confirm the reimbursement process. Upon
completion of the repairs, the City will be required to sign a release to receive reimbursement
for the full contract amount.
Three quotes were solicited to complete the repairs:
• Burschville Construction, Inc. $35,250.00
• Wruck Excavating Inc $38,250.00
• Meyer Contracting $47,562.51
If weather conditions permit, some repairs may be completed this fall; however, the majority of
the work is anticipated to occur in spring 2026.
I. Budget Impact: The driver’s insurance provider, Acuity, will cover 100% of the cost of the
project.
II. Staff Workload Impact: Staff time will be required to monitor the repair work.
III. Comprehensive Plan Impact: N/A
City Council Agenda: 11/24/2025
2
STAFF RECOMMENDED ACTION
City staff recommend approval of awarding the contract to Burschville Construction, Inc. to
repair the property damage.
SUPPORTING DATA
• Quotes
Bid Proposal
0 MEYER
CONTR ACTtNG Meyer Contracting, Inc
11000 93rd Ave North
Maple Grove, MN 55369
Contact: Matt Wilaby
Phone: 763.203.4485
Email: mwilaby@meyerci.com
Quote To: City of Monticello Job Name: Downtown Improvements
Ryan Melhouse
Phone: 763.271.3227
Email: Ryan.Melhouse@MonticelloMN.gov
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
10 Mobilization 1.00 LS 7,472.55 7,472.55
20 Remove Sidewalk 145.00 SF 5.35 775.75
30 Remove C&G 12.00 LF 30.60 367.20
40 Remove/Replace Hydrant 1.00 LS 17,002.34 17,002.34
50 Cleanup Sediment 1.00 LS 8,794.70 8,794.70
60 Replace Mulch/Plantings 1.00 LS 6,500.00 6,500.00
70 Restore Grass Areas 1.00 LS 1,630.00 1,630.00
80 Reset Lanscaping Block amd Rock 1.00 LS 1,657.52 1,657.52
90 Replace C&G 12.00 LF 65.00 780.00
100 Replace Sidewalk 145.00 SF 17.81 2,582.45
GRAND TOTAL $47,562.51
NOTES:
We Exclude all surveying and testing.
Page 1 of 1
(Page 5 of 5)
WRUCK EXCAVATING INC
PO BOX 455
BECKER MN 55308
763-262-0871
Name: Date:
City Of Monticello 10/24/2025
____________________________________
Property Address:
West Bridge Park
107 River St
Monticello, MN 55362
Proposed Work and Cost: -
Hydrant Repair –
Includes labor, equipment, and materials to
Excavate and replace hydrant and components
To existing 6” gate valve. $13,500.00
Sidewalk Demo & repour – $9,750.00
Blue area –
Includes removal of silt and chips,
Regrade, reseed, and install ECBs. $5,500.00
Orange area - $2,500.00
Red Area –
Includes removal of silt, reseed area. $1,500.00
Green Area -
Includes removal of 2’ of silt and chips
on sidewalk edges, regrade and re-chip. $5,500.00
WRUCK EXCAVATING INC
PO BOX 455
BECKER MN 55308
763-262-0871
Note: By signing this document, the customer agrees to the services and conditions outlined in this document. Any additional change orders
must be signed by general contractor before work may proceed. Excludes dewatering, should be needed will result in change order. This
proposal may be withdrawn if not accepted within 15 days. Replacement of or damage to topsoil, trees, sod, shrubs, flowers, landscaping and
or underground sprinklers, electrical wiring and private utilities, concrete of any kind or black top driveway are not included in bid unless
otherwise stated. Site to be left machine graded upon completion. Not responsible for settling around tanks or excavation after finished.
Excludes: New Plantings, Irrigation lines and heads, dewatering
___________________________ __________________________
Wruck Excavating Inc City of Monticello
City Council Agenda: 11/24/2025
1
2I. Consideration of adopting Resolution 2025-73 accepting improvements and
authorizing final payment to TreeStory Inc. for tree removal for the Ditch 33
Improvement Project in the amount of $1,492.50
Prepared by:
Public Works Director/ City Engineer
Meeting Date:
11/24/2025
☒ Consent Agenda Item
☐ Regular Agenda Item
Reviewed by:
Finance Director
Approved by:
City Administrator
ACTION REQUESTED
Motion to adopt Resolution 2025-73 accepting improvements and authorizing final payment of
$1,492.50 to TreeStory Inc. for tree removal for the Ditch 33 Improvement Project in the
amount of $1,492.50.
PREVIOUS COUNCIL ACTION
February 24, 2025: City Council approved a contract with TreeStory Inc. for tree removal in
the amount of $29,850.
REFERENCE AND BACKGROUND
Wright County Ditch (CD) 33 is a public drainage system for which Wright County serves as the
Drainage Authority, operating under the requirements of Minnesota Statute Chapter 103E.
Runoff from the eastern portions of the City, as well as areas within the orderly annexation
area, currently drains into CD 33. Established in 1917, many sections of the ditch are now in
disrepair.
This project involves constructing a new stormwater outfall to the Mississippi River, located
just east of the Tyler East subdivision, on easements acquired by the City.
Federal funding for the project required an environmental review, which included a condition
to remove trees prior to March 31 to avoid impacting Northern Long-eared bats, a federally
endangered species. At the time of the funding award, construction was scheduled for summer
2025, prompting the City to prepare and award a contract to TreeStory Inc.
The tree removal has been completed. The contractor submitted the final paperwork for final
payment, which includes:
1. Satisfactory showing that the contractor has complied with the provisions of Minnesota
Statutes 290.92 requiring withholding state income tax (IC134 forms).
City Council Agenda: 11/24/2025
2
2. Evidence in the form of an affidavit that all claims against the contractor by reasons of
the contract have been fully paid or satisfactorily secured (lien waivers).
The City Council is asked to accept the project as complete and authorize final payment.
Meanwhile, Wright County and City staff are coordinating the required permits to abandon the
affected section of CD 33. This effort is expected to be completed in early 2026, with
construction of the ditch improvements for later that year.
I. Budget Impact: The current project budget is $2,000,000. A $970,625 water quality
grant was received from Wright County. The City received a $575,000 PROTECT grant,
and Wright County received $400,000 from the MPCA for this project, with any
remaining costs paid for by the Stormwater Fund.
II. Staff Workload Impact: Staff will be involved throughout this project development.
III. Comprehensive Plan Impact: N/A
STAFF RECOMMENDED ACTION
City staff recommends approval of accepting the improvements and issuing the final payment.
SUPPORTING DATA
A. Resolution 2025-73
B. Final Payment Invoice
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION 2025-73
RESOLUTION ACCEPTING IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT TO
TREESTORY INC. FOR TREE REMOVAL FOR DITCH 33 IMPROVEMENT PROJECT
WHEREAS, pursuant to a written contract with the City of Monticello, on February 24, 2025,
TreeStory Inc., was awarded, by low bid, for tree removal for the Ditch 33 Improvement Project; and
WHEREAS, the final payment amount of $1,492.50 is due.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINNESOTA that the work
completed under said contract is hereby accepted and approved and that the Mayor and City Clerk
are hereby directed to issue a proper order for the final payment on such contract subject to receipt
of the following:
1) Satisfactory showing that the contractor has complied with the provisions of Minnesota
Statutes 290.92 requiring withholding state income tax (IC134).
2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the
contract have been fully paid or satisfactorily secured (lien waivers).
ADOPTED BY the Monticello City Council this 24th day of November, 2025.
CITY OF MONTICELLO
___________________________
Lloyd Hilgart, Mayor
ATTEST:
___________________________
Jennifer Schreiber, City Clerk
City Council Agenda: 11/24/2025
1
2J. Consideration of approving an amendment to the wastewater discharge permit for
Cargill Kitchen Solutions
Prepared by:
Public Works Director/City Engineer
Meeting Date:
11/24/2025
☒Consent Agenda Item
☐Regular Agenda Item
Reviewed by:
N/A
Approved by:
City Administrator
ACTION REQUESTED
Motion to approve an amendment to the wastewater discharge permit for Cargill Kitchen
Solutions.
REFERENCE AND BACKGROUND
Sunny Fresh Foods, now operating as Cargill Kitchen Solutions, has been a key industrial food-
processing facility in Monticello since 1985, specializing in value-added egg products. As a major
industrial user under the City’s sewer ordinance, the company is required to maintain a
wastewater discharge permit to regulate its effluent into the municipal treatment system.
These permits, issued in coordination with the Minnesota Pollution Control Agency (MPCA)
under the National Pollutant Discharge Elimination System (NPDES) and State Disposal System
(SDS) programs, establish limits on pollutants and require monitoring to protect water quality.
The City first approved related permits and agreements in the late 1990s when the facility
expanded and updated them periodically to reflect operational changes and compliance
requirements. The current permit ensures that Cargill’s discharge meets pre-treatment
standards and aligns with the City’s wastewater treatment objectives.
The current permit, effective January 1, 2025, requires annual recertification. Cargill has
requested an amendment to increase its maximum discharge rate from 300 gallons per minute
to 450 gallons per minute between 9 pm and 5 am. Following review, the City has determined
that the wastewater treatment plant and collection system have sufficient capacity to support
the increase.
I.Budget Impact: No budget impact is anticipated from this change.
II.Staff Workload Impact: Minimal impact for modification of the permit.
III.Comprehensive Plan Impact: The Monticello 2040 Comprehensive Plan emphasizes
sustainable growth, industrial development, and infrastructure upgrades, which directly
influence wastewater management strategies. Updating the discharge permit aligns
City Council Agenda: 11/24/2025
2
with these goals by ensuring capacity and pretreatment standards accommodate
anticipated industrial expansion and environmental protection priorities outlined in the
plan.
STAFF RECOMMENDED ACTION
City staff recommend approval of an amendment to the wastewater discharge permit.
SUPPORTING DATA
A. 2025 Wastewater Discharge Permit 002F
B. Amendment
2J (1)
PERMIT NO. 002F
A. Effluent Limitations
MWCC Local Limitations
on Total Discharge (mg/l
Parameters or other specified units)
Arsenic (As) 1.0
Cadmium (Cd) 1.0
Copper (Cu) 1.0
Cyanide-total (CN) 1.0
Lead (Pb) 2.0
Mercury (Hg) 0.5
Nickel (Ni) 0.5
Chromium-total (Cr) 2.0
Zinc (Zn) 1.0
Phenolic Compounds 10.0
Organic Compounds detectable levels
pH-max. (units) 10.0
pH-min. (units) 5.0
Limitations for metals are the maximum for any operating day. pH limitations are
instantaneous values.
B. Self-Monitoring Schedule
1. Following are the specific sampling, sample compositions, and volume
determination methods required by this wastewater discharge permit.
Representative samples shall be collected at each monitoring point by the
permittee in accordance with the guidelines listed in Appendix A of the permit
2J (2)
PERMIT NO. 002F
application for discharge of industrial waste. These samples shall be collected as
required each reporting period on normal operating days. The sampling day
wastewater volume for each monitoring point shall be determined as stated and
shall be used to obtain a representative sample of the permittee’s total waste
discharge by flow proportional compositing.
i) Monitoring Point: Monitoring M.H. just south of 4th Street W
between Locust Street and Walnut Street.
ii) Sample Collection Method: 24-hour composite through the use of
a portable sampler.
iii) Volume Determination: Minimum 1,000 M.L.
iv) Sample Compositing Method: 24-hour flow proportional
composite.
2. Parameters:
Chemical analysis for the previously-specified sample representing the total waste
discharge shall be performed for the following parameters:
BOD5, TSS, and pH as required and reported quarterly, other
parameters as in Section "A", Page 2, are yearly at time of permit
recertification.
For EPA Categorical Pretreatment Industries, the parameters to be analyzed shall
be in accordance with applicable EPA Regulations.
3. Reporting Frequency:
For the duration of this permit, the Wastewater Flow and Strength Discharge
Report for billing purposes shall be submitted monthly to the City on or before
the 15th of the month following the month in which the specific flows and tests
were taken.
C. Compliance Schedule
The permittee shall complete additional pretreatment and/or operation and
maintenance to comply with EPA Pretreatment Standards and/or City limitations in
accordance with the schedule set forth in Attachment A.
2J (3)
PERMIT NO. 002F
D. General Conditions
1. Industrial waste discharges from a permittee shall be in accordance with
applicable provisions of Ordinance Title 14: Sanitary Sewer Discharge Controls
and this permit.
2. The permittee shall not knowingly make any false statement, representation, or
certification in any record, report, or plan required to be submitted to the City
under Ordinance Title 14.
3. This permit shall not release the permittee from any liability, duty, or penalty
imposed by Minnesota or federal statutes or regulations or local ordinances.
4. The permittee shall take all reasonable steps to minimize all accidental
discharges, including slugs, spills, and bypasses. Plans for the prevention and
control of accidental discharges shall be submitted to the City for approval within
a specified period of time when requested by the Director. In the event of any
accidental discharges, spills, or bypasses whose quantity and nature might be
reasonably judged to constitute a hazard to the City's personnel and treatment
facilities or the environment, the permittee shall IMMEDIATELY notify the
Monticello Wastewater Treatment Plant at 763-295-2225 or City Hall at 763-295-
2711. An emergency call list will be supplied by the City and updated regularly.
After hours, if unable to reach anyone on the list, call the County Sheriff Dispatch
at 763-682-1162.
5. Any change in the volume or characteristics of industrial waste introduced into
the wastewater disposal system which the permittee knows or has reason to
believe will have, either singly or by interaction with other wastes, a negative
impact on the treatment process shall be immediately reported to the Monticello
Wastewater Treatment Plant. The permit shall then be subject to modification or
reissuance in accordance with Section 14-4-2 (D) of the ordinance.
6. The permittee shall pay applicable strength charges assessed by the City as
outlined in the User Charge Ordinance, Title 7, Section 7-3-1 through 7-3-4.
7. The permittee shall install, operate, and maintain sampling and monitoring
2J (4)
PERMIT NO. 002F
devices in proper working order at the permittee's expense.
8. The permittee shall allow the Director or his authorized representative to enter
upon permittee's premises to inspect the monitoring point and to determine
compliance with Ordinance Title 14 and the wastewater discharge permit in
accordance with Section 14-4-4.
2J (5)
PERMIT NO. 002F
ATTACHMENT A
Task Task Completion Date
The permittee shall submit a report to the City within fourteen (14) days of each task completion
date. This report shall specify whether or not the task was completed as scheduled. If the task
was not completed, the permittee shall specify the reason for delay, the date the appropriate
task will be completed, and steps being taken to return to the established schedule.
2J (6)
PERMIT NO. 002F
E. Specific Permit Conditions
1. The total facility sanitary sewer discharge shall not exceed any of the following
parameters:
a. Flow: 1. The maximum total discharge rate shall not exceed 300
gallons per minute.
2. The maximum total discharge per day shall not
exceed 162,000 gallons based on a consecutive
seven (7) day average.
3. The maximum total discharge in any 24-hour period
shall not exceed 189,000 gallons.
b. BOD5: 1. The total number of pounds of BOD5 discharged in
any 24-hour period shall not exceed 4,500 pounds.
c. TSS: 2. The total number of pounds of total suspended
solids discharged in any 24-hour period shall not
exceed 2,250 pounds.
d. The above parameters and conditions are expected to remain in effect as
long as the provisions in the Wastewater Discharge Permit Increase for
Sunny Fresh Foods, Inc. dated January 23, 2001, are complied with and so
long as annual recertification takes place. This agreement is attached and
is hereby made part of this permit but in no way shall supersede any other
part of the permit. Normal permit review will occur yearly.
2. Cargill Kitchen Solutions, shall install, operate, and maintain a discharge
monitoring station at each sanitary sewer discharge point. Each station shall
allow for safe access and include equipment for accurate flow determination,
totalization, and composite flow proportional sampling.
3. The monitoring program shall include the following:
a. Daily flow recording with monthly totalization and reporting.
b. Flow proportional tests for TSS and BOD5 shall be taken for each weekday
where processing lines are being run and weekends where more than 50%
of processing lines are running. If additional tests are taken on non-
discharge or process days they shall be reported. All tests shall be
2J (7)
PERMIT NO. 002F
reported by the 10th of the month following the month in which the tests
are taken. All tests shall be performed by a certified laboratory.
c. Continuous pH monitoring at discharge point.
d. TPhos: 1. The total phosphorus shall be monitored on a
weekly basis. This sample shall be analyzed every
Tuesday corresponding with the analysis at the
WWTF. All tests shall be performed by a certified
laboratory.
e. TKN: 1. The total kjeldahl nitrogen shall be monitored on a
weekly basis. This sample shall be analyzed every Tuesday corresponding
with the analysis at the WWTF. All tests shall be performed by a certified
laboratory.
4. The user charge shall be based upon 3 parameters, flow, pounds of BOD5, and
pounds of TSS. These units multiplied by the current rates will be billed quarterly.
The parameters for BOD5 and TSS shall be the average of all tests taken in that
quarter times the flow.
5. The primary method of wastewater buffering for pH at Sunny Fresh Foods shall be
CO2
6. Prior to January 1 of each year, an application for permit recertification shall be
made by filing a yearly report summarizing the past year's operation and
discharges and projecting the next year's expected discharges or changes in
operations. This report shall include calibration data for all sampling and flow
measurement equipment used at each discharge point.
7. Cargill Kitchen Solutions, shall inform the Chief Operator at the Wastewater
Treatment Plant or the Public Works Director of changes in shifting or scheduling
so that adjustments can be made at the Wastewater Treatment Plant.
8. Compliance with the above specific conditions shall not release Cargill Kitchen
Solutions, from responsibility to comply with other parts of the discharge
2J (8)
PERMIT NO. 002F
ordinance such as Appendix B-3, Item 9, or others.
F. Surcharges
1. In the event that the Facility’s Sewage discharge exceeds the specific permit
conditions outlined in Section E of this permit, the City shall impose the
surcharges set forth below. The parties agree the City’s assessment of
surcharges, and Cargill Kitchen Solutions’ payment of such surcharges, shall waive
the need for or validity of any notice of violation of any terms of this agreement
or Title 14 of the City of Monticello’s ordinance.
2. Surcharge calculations shall be based each day on the pounds of TSS and BOD5
and the flow more than the maximum daily limit for that constituent. Industrial
sewer rates as shown in the fee schedule will apply to all flow and loadings. The
additional surcharge fee shall be 100% of the industrial sewer rates as shown in
the fee schedule for the amounts over the permit limits with a minimum fee of
$50/day for overage of each parameter where permit limits are exceeded.
3. If the facilities sewage discharge exceeds the permit limits by more than 25% for
two days a month or if adverse impacts are noticed at the Wastewater Treatment
Plant the City reserves the right to reevaluate the allowance of surcharges.
APPENDIX A
INDUSTRIAL WASTE
SELF-MONITORING GUIDELINES
A. SCOPE
This Appendix is to serve as a guideline for industrial users and commercial analytical
laboratories who collect and/or analyze industrial water samples. Methods of sample collection,
sample preservation, sample handling, and sample analysis are addressed herein in order to
standardize the format of sampling and sample analysis.
B. LOCATION OF SELF-MONITORING POINT
Major factors to be considered in selecting the sampling point(s) are:
1. Whether the origin and volume of wastewater flow is known or can be determined;
2. Whether the sampling point is easily accessible with adequate safeguards; and
3. Whether the wastewater is well mixed and has adequate velocity for proper sampling
techniques.
2J (9)
PERMIT NO. 002F
C. TYPES OF SAMPLES
1. Grab Samples - Grab samples may be taken manually or automatically. Wide-mouth jars
are preferred in order to facilitate the rapidity of sample collection. A grab sample is
preferred over a composite one when:
a. Wastewater to be sampled does not flow in a continuous basis such as
periodic dumping of spent process tanks; or
b. It is desirable to determine the instantaneous condition of a wastewater.
2. Composite Samples - Samples may be composited on the basis of any of the following:
a. Equal time intervals and equal volume samples.
b. Equal time, unequal volume samples - amount of samples collected or
added to the mixture for compositing during the sampling period is proportional
to the wastewater flow at equal time intervals. Each individual sample should
have a volume of at least 100 ml.
c. Unequal time, equal volume samples - collection of fixed volume samples
passing through the sampling point over unequal time intervals. When the
wastewater flow varies considerably throughout a normal working day, individual
samples should be taken at least hourly. Individual samples should be
composited totally and mixed well. A 2- to 4-liter portion of the total mixture
should be taken as a representative sample of the total mixture for analysis.
Generally, a composite sample is acceptable if individual samples are collected
hourly over a normal working day or 24 hours.
D. GENERAL PRECAUTIONS IN SAMPLE HANDLING
1. Samples should be taken in the well-mixed region of the wastewater;
2. Intake of the collecting device should be placed below the water surface to avoid
excessive floating materials and above the bottom to avoid sediment;
3. Before a grab sample is taken, the container should be rinsed several times with the
wastewater;
4. For an automatic sampler, the intake line velocity should be sufficiently high to ensure
representative sampling of suspended solids.
E. SAMPLE PRESERVATION
2J (10)
PERMIT NO. 002F
Container, preservative, and maximum holding time for pollution parameters to be analyzed
should be in accordance with Table B-1. Sample preservations should be performed immediately
upon collection, if feasible.
TABLE B-1
CONTAINERS, PRESERVATION, AND HOLDING TIMES
MAXIMUM
PARAMETER CONTAINER PRESERVATIVE HOLDING TIME
1. CN(T) Polyethylene/Glass Cool, 4°C 14 days
NaOH, pH > 12
2. Hg Polyethylene/Glass HNO3, pH < 2 28 days
3. Other Polyethylene/Glass HNO3, pH < 2 6 months
Metals
MAXIMUM
PARAMETER CONTAINER PRESERVATIVE HOLDING TIME
4. Chemical Polyethylene/Glass Cool, 4°C 28 days
Oxygen H2SP4, pH < 2
Demand (COD)
5. pH Polyethylene/Glass Determine on site 2 hours
6. Oil and Polyethylene/Glass Cool, 4°C 28 days
Grease H2SO4, pH < 2
7. Suspended Polyethylene/Glass Cool, 4°C 14 days
Solids
8. BOD5 Polyethylene/Glass Cool, 4°C 1 day
2J (11)
1
237472v1
AMENDMENT TO
WASTEWATER DISCHARGE PERMIT NO. 002F
THIS AMENDMENT (the “Amendment”) is made this 24th day of November, 2025,
by and between the CITY OF MONTICELLO (“City”), and CARGILL KITCHEN
SOLUTIONS, formerly known as Sunny Fresh Foods, Inc. (“Cargill”).
WHEREAS, the City granted a Wastewater Discharge Permit No. 002F (the “Permit”) to
Cargill for the discharge of industrial waste in the City’s wastewater disposal system, and to the
City’s wastewater treatment plant (the “Treatment Plant”); and
WHEREAS, the Permit was granted in accordance with an original application filed on
January 25, 1984, and changes agreed to on May 20, 1998, January 22, 2001, and December 1,
2023; and
WHEREAS, the Permit has an effective date of January 1, 2025, and is subject to annual
recertification by the City; and
WHEREAS, Cargill has requested that the maximum total discharge rate allowed under
the Permit be increased from a rate of 300 gallons per minute to 450 gallons per minute between
9 pm and 5 am; and
WHEREAS, the City has determined the Treatment Plant possesses the capacity to grant
the requested increase in maximum total discharge rate; and
WHEREAS, the parties desire to amend the Permit so that the total maximum discharge
rate allowed is increased to 450 gallons per minute.
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. AMENDMENT TO SECTION E. Section E(1)(a)(1) of the Permit shall be amended to
to read:
The maximum total discharge rate shall not exceed 450 gallons per minute.
2. EFFECTIVE DATE. The effective date of the Amendment is _______.
3. EFFECT OF PERMIT. The Permit shall remain in full force and effect except as
specifically amended herein.
2J (12)
2
237791v1
IN WITNESS WHEREOF, the City and Cargill have entered into this Amendment as of
the date first above written.
CITY OF MONTICELLO
Dated_________________ By:_____________________________
Lloyd Hilgart, Mayor
By:______________________________
Rachel Leonard, City Administrator
CARGILL KITCHEN SOLUTIONS
Dated_________________ By:_____________________________
2J (13)
City Council Agenda: 11/24/2025
2K. Consideration of approving a Memorandum of Understanding with Wright County for
brush chipping services
Prepared by:
Public Works Director/City Engineer
Meeting Date:
11/24/2025
☒ Consent Agenda Item
☐ Regular Agenda Item
Reviewed by:
Finance Director
Approved by:
City Administrator
ACTION REQUESTED
Motion to approve a Memorandum of Understanding with Wright County for Brush Chipping
Services.
REFERENCE AND BACKGROUND
Wright County is exploring a partnership to provide cost-effective brush chipping and compost
processing services for cities within county. Through this collaboration, Wright County would
purchase, own, and operate the specialized equipment for these services, with municipalities
participating under a five-year MOU.
To support the equipment purchase, Wright County has applied for a grant. If awarded, the
funding would reduce the service rates. Staff would coordinate with Wright County to schedule
chipping services, and the City would be billed at the hourly rates listed in Exhibit A of the MOU:
• Basic Brush Chipping: $450/hour
• Improved Brush Chipping: $475/hour
• Compost Processing: $525/hour
• Mobilization: $200/hour
The City anticipates using the brush chipping services, while continuing to manage compost
processing in-house. The City’s existing chipper, which handles branches smaller than 6 inches
in diameter, would continue to be utilized. Residents would continue to bring brush to the
Wright County compost facility. The MOU would help the City efficiently dispose of material
generated from trees removed by City staff in boulevards, parks, and City-owned open spaces.
Wright County noted that if there is not enough participation by municipal jurisdictions in the
program, the agreement will not be executed.
I. Budget Impact: It is anticipated that 1-2 days of brushing services will be needed each
year at an estimated annual cost of $4,000-$8,000 depending on how much material is
City Council Agenda: 11/24/2025
generated. This cost would be paid from the Shade Tree department in the General
Fund.
II. Staff Workload Impact: Staff will be involved in coordinating with Wright County on
scheduling chipping and assisting with the chipping operation.
III. Comprehensive Plan Impact: This supports sustainability and waste reduction goals by
promoting composting and efficient brush disposal.
STAFF RECOMMENDATION:
City staff recommend approving the MOU with Wright County.
SUPPORTING DATA
• Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
BETWEEN
WRIGHT COUNTY, MINNESOTA
AND
[NAME OF MUNICIPALITY]
This Memorandum of Understanding (“Agreement”) is made this ___ day of __________,
2025, by and between Wright County, Minnesota (“County”) and [Name of Municipality]
(“Partner”).
RECITALS
WHEREAS, the County owns and operates specialized equipment to assist partners with
residential brush chipping and compost processing; and
WHEREAS, the County and Partner desire to cooperate in the development and
implementation of a more cost-effective program for residential brush chipping and
compost processing for the residents of Wright County; and
WHEREAS, Partner anticipates scheduling service ____ day(s) per year;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. Term
This Agreement shall remain in effect for five (5) years, concluding on December 31, 2031.
The Agreement may be extended for one additional five-year term upon mutual consent,
subject to review and update of the pricing structure set forth in Exhibit A. Written notice of
intent to extend must be provided at least six (6) months prior to the expiration of the initial
term.
2. County’s Obligations
The County agrees to:
A. Purchase, maintain, and operate specialized equipment necessary to perform:
1. On-site mobile brush chipping, and
2. Compost processing of yard waste and other organic materials.
B. Invoice participating partners based on the pricing structure in Exhibit A.
C. Coordinate scheduling with Partners for operational dates between April 15 and
November 15 of each contract year.
3. Partner’s Obligations
The Partner agrees to:
A. Enter into this Five-Year Memorandum of Understanding for Services.
B. Retain chipped material on-site, arrange private hauling, or haul materials
independently.
C. Provide suitable staging areas for operations. County staff will review each site with
Partner before mobilization and may request modifications as needed.
D. Manage the drop-off site to exclude stumps, plastic bags, and other non-
compostable materials.
E. Set aside or split any tree trunks larger than 24 inches in diameter.
F. Cooperate with the County in regional scheduling to reduce mobilization costs.
G. Complete final staging area clean-up of smaller debris not manageable by County
equipment.
H. Assist at the site in stockpiling chipped and composted material.
I. Submit payment to the County within thirty (30) days of receiving an invoice.
4. Hold Harmless and Indemnification
In the performance of this agreement the County and Partner each agree to defend,
indemnify and hold harmless the other, its board members, officers, employees, and
contractors, from any claims, losses, costs, expenses, or damages to the extent resulting
from the negligent or willful act or omission of the indemnifying party, or its board member,
officer, employee, or contractor, under this Agreement. Nothing herein is a waiver by either
party of an immunity, defense, or liability limit set forth in Minnesota Statutes, Chapter 466,
or any other provision of law. Neither party intends to be responsible for the acts of the
other within the meaning of Minnesota Statutes § 471.59, subdivision 1a.
5. Termination
This Agreement shall terminate automatically upon the expiration of the term specified in
Article 1, unless extended in accordance with its provisions.
6. Equipment
Upon termination of this Agreement, all equipment and property purchased by the County
shall remain the sole property of the County.
7. Assignment
Neither the County nor Partner may assign its rights or obligations under this Agreement to
any other person, corporation, or entity without the prior written consent of the other
party.
8. Entire Agreement and Amendments
This Agreement contains the entire understanding between the parties and supersedes all
prior negotiations, representations, or agreements. It may be amended only by a written
instrument signed by authorized representatives of both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding as of the date first written above.
WRIGHT COUNTY, MINNESOTA
By: _______________________________________________
Name: ____________________________________________
Title: _____________________________________________
Date: _____________
By: _______________________________________________
Name: ____________________________________________
Title: _____________________________________________
Date: _____________
[NAME OF MUNICIPALITY]
By: _______________________________________________
Name: ____________________________________________
Title: _____________________________________________
Date: _____________
By: _______________________________________________
Name: ____________________________________________
Title: _____________________________________________
Date: _____________
Exhibit “A” - Pricing Structure (Will Be Reviewed and Adjusted on An Annual Basis)
Service Cost-Share Rate
• Basic Brush Chipping (4/6-inch
screen) • $450/hr.
• Improved Brush Chipping (2/3-
inch screen) • $475/hr.
• Compost Processing • $525/hr.
• Mobilization • $200/hr.
City Council Agenda: 11/24/2025
1
4A. Consideration of adopting Resolution 2025-74 establishing speed limits on City-owned
streets
Prepared by:
Public Works Director/City Engineer
Meeting Date:
11/24/2025
☐ Consent Agenda Item
☒ Regular Agenda Item
Reviewed by:
Assistant City Engineer
Approved by:
City Administrator
ACTION REQUESTED
Motion to adopt Resolution 2025-74 establishing speed limits on City owned streets.
REFERENCE AND BACKGROUND
In 2019, the Minnesota Legislature adopted new Statutes allowing cities to set speed limits on
city-owned streets. Under this authority, cities may establish 25 miles per hour speed limits on
residential roadways and 35 miles per hour speed limits on rural residential roadways. To
improve roadway safety, consistency, and compliance a comprehensive speed limit study was
completed and evaluated 17 roadway segments.
The study relied on Minnesota Statutes (§169.14), MnDOT guidelines, crash history, and
engineering judgment. Key considerations included roadway classification, adjacent land use,
access density, pedestrian activity, and future development. The study recommended the
following speed limits within City limits:
All other city roadways will remain posted at 30 mph. Speed limits on Wright County or MnDOT
roadways were not included in this study, as those agencies maintain jurisdiction over their
respective segments.
Road Segment
Existing
Speed
Limit
(mph)
Proposed
Speed
Limit
(mph)
90th Street West city limit to Chelsea Road 55 45
Chelsea Road
TH 25 to Fallon Avenue 40 35
Fallon Avenue to Fenning Avenue 45 40
School Boulevard TH 25 to Fenning Avenue 40 35
City Council Agenda: 11/24/2025
2
Edmonson Avenue 85th Street to Chelsea Road 45 35
Fallon Avenue South junction with 85th Street to north junction with
85th Street 55 35
85th Street
TH 25 to 720 feet west of Ebersole Avenue 55 50
720 feet west of Ebersole Avenue to Fallon Avenue 55 40
East Broadway
Fenning Avenue to Meadow Oak Avenue 55 45
Meadow Oak Avenue to Meadow Oak Drive 50 40
Haug Avenue/ 90th
Street 95th Street to east city limit 55 45
Eisele Avenue 85th Street to south city limit 55 45
85th Street Fallon Avenue to Fenning Avenue 55 45
The recommended speed limits will take effect once the new speed limit signs are installed.
Installation is expected to be completed within 90 days, weather permitting.
I. Budget Impact: The cost to complete the study was approximately $7,500 and paid for
through the professional services allocation in the Engineering budget of the General
Fund. The costs to implement the results of the study include purchasing and installing
the new speed limit signs at approximately 78 locations. The estimated cost is $15,000,
which would be funded through the Street Maintenance budget.
II. Staff Workload Impact: Public Works staff will coordinate sign installation and removal
of conflicting signage.
III. Comprehensive Plan Impact: Changing speed limits aligns with the Monticello 2040
Comprehensive Plan’s mobility and connectivity goals by promoting a safer and more
predictable transportation network for all users, including pedestrians and cyclists.
STAFF RECOMMENDED ACTION
City staff recommend adopting Resolution 2025-74 to establish revised speed limits as outlined
above.
SUPPORTING DATA
A. Speed Limit Study Memo
B. Resolution 2025-74
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Memorandum
To: Matt Leonard, PE, City Engineer/Public Works Director
From: Mallori Fitzpatrick, PE, PTOE
Date: November 13, 2025
Re: Citywide Speed Limit Study
WSB Project No. 031550-000
Introduction
The purpose of this memo is to provide the City of Monticello with speed limit recommendations on
selected local roadways, speed limit sign placement, and a speed limit resolution. The City of
Monticello has reviewed existing speeds on City streets and developed a list in which they believe
speed limits (posted or statutory) shall be reviewed. Existing speed limits were reviewed on 17
roadways and recommendations were made based upon guidance from Minnesota Statutes,
Minnesota Department of Transportation (MnDOT) policies and guidelines, Minnesota Manual on
Uniform Traffic Control Devices (MnMUTCD), and engineering judgement.
The following roadways segment speed limits were reviewed:
1. 90th St NE (W City Limit to Chelsea Rd): Statutory 55 mph (unposted)
2. Chelsea Rd
A. CSAH 39 to TH 25: 40 mph
B. TH 25 to Fallon Ave: 40 mph
C. Fallon Ave to Fenning Ave: 45 mph
3. School Blvd
A. Deegan Ave to TH 25: Statutory 30 mph (unposted)
B. TH 25 to Edmonson Ave: 40 mph
C. Edmonson Ave to Fallon Ave: 40 mph
D. Fallon Ave to Fenning Ave: 40 mph (30 mph school speed zone)
4. Edmonson Ave
A. 85th St to School Blvd: 45 mph
B. School Blvd to Dundas Rd: 45 mph
C. Dundas Rd to Chelsea Rd: 45 mph
5. Fallon Ave
A. 85th St S Jct 85th St N Jct: Statutory 55 (unposted)
B. 85th St N Jct to School Blvd: 30 mph
C. School Blvd to Dundas Rd: 30 mph
D. Dundas Td to Chelsea Rd: 30 mph
E. Chelsea Rd to E 7th St: unposted
6. 85th St
A. TH 25 to West of Ebersole Ave: Statutory 55 mph (unposted)
B. West of Ebersole Ave to Fallon Ave: Statutory 55 mph (unposted)
7. Meadow Oak Ave (Fenning Ave to E Broadway): 30 mph
8. E Broadway
A. Fenning Ave to Meadow Oak Ave: Posted 55 mph on west end
B. Meadow Oak Ave to Meadow Oak Dr: Posted 50 mph on east end
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9. Haug Ave/ 90th St to (95th St to E City Limit): Statutory 55 mph (unposted)
10. Hart Blvd (E 7th St to E Broadway): Statutory 30 mph (unposted)
11. E 7th St (Washington St to Fenning Ave): 35 mph
12. W 7th St (TH 25 to Washington St): 30 mph
13. Washington St (7th St to E Broadway): Statutory 30 mph (unposted)
14. Fallon Ave (E 7th St to Washington St): Statutory 30 mph (unposted)
15. Hedman Ln/ Marvin Elwood Rd (on Prairie Rd): 20 mph
16. Eisele Ave (85th St to S City Limit): Statutory 55 mph (unposted)
17. 85th St (Fallon Ave to Fenning Ave): Statutory 55 mph (unposted)
Speed Limit Guidelines
Based on Minnesota State Statutes (Minn. Stat. § 169), there are several provisions that govern
setting or adjusting the statutory speed limits within a local jurisdiction under a variety of
circumstances, including:
• A local road authority can request MnDOT to perform an engineering and traffic
investigation of a road. However, MnDOT, not the local authority, determines whether to
establish a speed zone as well as the safe and reasonable speed limit.
• If MnDOT sets a speed zone for a city street or town road in an “urban district” that is at
least a quarter mile long, with structures situated at intervals of less than 100 feet, the city
or town can lower the limit to 30 mph.
• In school zones, a city has the authority to reduce the speed limit based on Minnesota
Statute, Section 169.14, Subd. 5a - Speed Zoning in School Zone. In school zones
the speed limit may be reduced with an engineering and traffic study.
• Subject to various requirements, speed limits can be adjusted on other roadways,
including:
o Park roads (at no less than 15 mph and no more than 20 mph below the
surrounding limit, and subject to a MnDOT engineering and traffic study);
o On streets that have a designated bicycle lane (at no less than 25 mph);
o In alleys (10 mph);
o In mobile home parks (at over 10 mph but no more than 30 mph).
• In 2019, the Minnesota Legislature passed new Statutes or added to existing Statutes
that impact the City’s authority to set speed limits. The Statutes went into effect August 1,
2019. The Statutes include:
o Minnesota Statute, Section 169.14, Subd. 2.- Speed limits.
(7) 25 miles per hour in residential roadways if adopted by the road authority having
jurisdiction over the residential roadway; and
(8) 35 miles per hour in a rural residential district if adopted by the road authority
having jurisdiction over the rural residential district.
(b) A speed limit adopted under paragraph (a), clause (7), is not effective unless the
road authority has erected signs designating the speed limit and indicating the
beginning and end of the residential roadway on which the speed limit applies.
(c) A speed limit adopted under paragraph (a), clause (8), is not effective unless the
road authority has erected signs designating the speed limit and indicating the
beginning and end of the rural residential district for the roadway on which the speed
limit applies.
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o Minnesota Statute, Section 169.14, Subd. 5h - Speed Limits on City Streets.
A city may establish speed limits for city streets under the city's jurisdiction other than
the limits provided in subdivision 2 without conducting an engineering and traffic
investigation. This subdivision does not apply to town roads, county highways, or
trunk highways in the city. A city that establishes speed limits pursuant to this section
must implement speed limit changes in a consistent and understandable manner.
The city must erect appropriate signs to display the speed limit. A city that uses the
authority under this subdivision must develop procedures to set speed limits based
on the city's safety, engineering, and traffic analysis. At a minimum, the safety,
engineering, and traffic analysis must consider national urban speed limit guidance
and studies, local traffic crashes, and methods to effectively communicate the
change to the public.
o Minnesota Statute, Section 169.011, Subd. 64 - Residential Roadway.
"Residential roadway" means a city street or town road that is either (1) less than
one-half mile in total length, or (2) in an area zoned exclusively for housing that is not
a collector or arterial street.
Local Speed Limit Analysis
Several factors were considered when evaluating speed limits on the local roadway system
including:
Roadway Functional Classification and Adjacent Land Use Classification – Roadways were
categorized by functional class (Arterial, Collector, or Local), adjacent land use (urban, urbanizing,
and rural). Five classification types were developed for the city-owned roadways:
• Rural Collector
• Rural Local
• Urban Arterial
• Urban/Urbanizing Collector
• Urban/Urbanizing Local
Access Points – Roadways with a higher number of access points (intersections/driveways) are
more likely to have lower speed limits than roadways with fewer access points.
Striping and Width – Unstriped, wider roadways are more likely to have drivers driving at higher
speeds than if the roadway was striped with centerline and edgelines. Roadways with curb or
without a shoulder are more likely to have lower speeds than roadways with wide shoulders.
New Developments – As areas start developing and rural roadways become more suburban/urban
with additional access points and volumes, speed limits should be reevaluated to account for the
changing network.
Traffic Volumes – Roadways with higher traffic volumes are more likely to have higher speed limits
than roadways with lower traffic volumes. Note: traffic volumes may not be available on local
roadways.
Pedestrian Activity – A person is significantly more likely to lose their life or sustain a serious injury
as the speed at impact increases. A person hit at 30 mph is three times as likely to be killed than
at 20 mph.
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Crash History – The most recent five-years of crash data shall be reviewed on a roadway where
speed limit concerns have arisen.
Based on these factors and the Minnesota State Statutes, the speed limits ranges in Table 1 are
recommended based on roadway type. A road link table is provided in Appendix A that correlates
with the map in Appendix B. To determine whether existing speed limits are appropriate, each
roadway segment was evaluated using criteria such as roadway classification, number and type of
access points, presence of edgeline striping or curbs, input from City staff, field observation s, and
other relevant characteristics—including curvature, proximity to schools, development activity, and
recent or planned infrastructure improvements.
Table 1: Speed Limit Ranges
A map with the proposed speed limits and new signage on each segment is shown in Appendix
B, the changes are discussed below:
1. 90th Street (Segment 1): Change the existing statutory 55 MPH speed limit to 45
MPH, from the west City limit to Chelsea Road.
2. Chelsea Road (Segments 2B-2C): Change the existing 40 MPH speed limit to 35
MPH, from TH 25 to Fallon Avenue. Change the existing 45 MPH speed limit to 40
MPH, from Fallon Avenue to Fenning Avenue.
3. School Boulevard (Segments 3B-3D): Change the existing 40 MPH speed limit to 35
MPH, from TH 25 to Fenning Avenue.
4. Edmonson Avenue (Segments 4A-4C): Change the existing 45 MPH speed limit to
35 MPH, from 85th Street to Chelsea Road.
5. Fallon Avenue (Segments 5A-5E): Change the existing statutory 55 MPH speed limit
to 35 MPH, from the south junction with 85th Street to the north junction with 85th
Street. Change the existing 30 MPH speed limit to 35 MPH, from the north junction
with 85th Street to School Boulevard. Change the existing 30 MPH speed limit to 35
MPH, from Chelsea Road to E 7th Street.
6. 85th Street (Segments 6A-6B): Change the existing statutory 55 MPH speed limit to
50 MPH, from TH 25 to approximately 720 feet west of Ebersole Avenue. Change the
existing statutory 55 MPH speed limit to 40 MPH, from approximately 720 feet west
of Ebersole Avenue to Fallon Avenue.
Roadway Type
Has edgelines (or
curb) w/< than 15
access points/ mile
Has edgelines (or
curb) w/ 15-30
access points/ mile
Has edgelines (or
curb) w/ >30
access points/ mile
No edgelines (or
curb) w/< than 15
access points/ mile
No edgelines (or
curb) w/> than 15
access points/ mile
Rural Collector 55
Rural Local 50-55 45-50 45
Urban Arterial 40-45 35-40
Urban/Urbanizing Collector 40-45 40 30-35
Urban/Urbanizing Local 40-45 30-35 30 30-35
Urban Arterial 40 35-40
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7. E Broadway (Segments 8A-8B): Change the existing 55 MPH speed limit to 45 MPH,
from Fenning Avenue to Meadow Oak Avenue. Change the existing 50 MPH speed
limit to 40 MPH, from Meadow Oak Avenue to Meadow Oak Drive.
8. Haug Avenue/ 90th Street (Segment 9): Change the existing statutory 55 MPH speed
limit to 45 MPH, from 95th Street to the east City limit.
9. Eisele Avenue (Segment 16): Change the existing statutory 55 MPH speed limit to 45
MPH, from 85th Street to the south City limit.
10. 85th Street (Segment 17): Change the existing statutory 55 MPH speed limit to 45
MPH, from Fallon Avenue to Fenning Avenue.
11. Remove conflicting existing speed limits signs.
Local Street Speed Limit Sign Placement
A total of 78 locations were field reviewed to assess the placement of speed limit signs on local
roads. Recommendations for sign installation were made based on optimal spacing and site
suitability. Several locations were excluded due to factors such as limited segment length, presence
of "No Outlet" or "Dead End" signage, or existing speed limit signs already in place. A detailed map
and table outlining the recommendations can be found in Appendix C. Note that these signs are
typically installed 50 to 200 feet beyond intersections and, when feasible, aligned with property
lines in residential neighborhoods.
Conclusion / Next Steps
Should the City Council determine that they would be in favor of revising the selected speed limits
on local streets based on the study, the following next steps are recommended:
1. Approve a Speed Limit Resolution adopting speed limit changes on local roadways.
2. Prepare an implementation signing plan. Install signs similar to that shown in Appendix
B at selected locations throughout the City of Monticello.
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Appendix A: Road Link Map
Appendix A: Road Link Table
1 90th St W City Limits to Chelsea Rd Statutory 55 mph Local 12 ft 0 N/A Rural 0.84 15.55 13 Centerline Striping Only No No Curves at city limits 45 Yes
2A Chelsea Rd CSAH 39 to TH 25 40 mph Major/Minor Collector 12 ft 0-7 ft 7,695 (2024) - 4,025 (2024)Urban 1.42 17.60 25 Both Yes Yes Curvature with building access and few turn lanes 40 No
2B Chelsea Rd TH 25 to Fallon Ave 40 mph Major Collector 12 ft 0 6,436 (2024)- 6,190 (2023)Urban 0.77 29.93 23 Both Yes Yes Roundabout at Fallon, TWLTL present 35 Yes
2C Chelsea Rd Fallon Ave to Fenning Ave 45 mph Major Collector 12 ft 0 5,808 (2024)Urban 0.76 21.01 16 Both Yes Yes TWLTL present, area to the north is developing 40 Yes
3A School Blvd Deegan Ave to TH 25 Statutory 30 mph Local 12 ft 0 N/A Urban 0.06 33.52 2 Both Yes Yes Short segment, in between signal and all-way stop 30- Not worth posting?No
3B School Blvd TH 25 to Edmonson Ave 40 mph Minor Arterial 12 ft varies 5,994 (2024)Urban 0.46 17.31 8 Both Yes Yes New roundabouts at Cedar intersection and Edmonson intersection 35 Yes
3C School Blvd Edmonson Ave to Fallon Ave 40 mph Minor Arterial 12 ft 8 ft 5,994 (2024)Urban 0.49 10.17 5 Both Yes Yes Some curvature, future roundabout at Fallon 35 Yes
3D School Blvd Fallon Ave to Fenning Ave 40 mph Minor Arterial 12 ft 0 6,463 (2024)Urban 0.72 13.94 10 Both Yes Yes Access to multiple schools, school speed zone of 30 mph 35 Yes
4A Edmonson Ave 85th St to School Blvd 45 mph Minor Collector 12 ft 0 3,325 (2024)Urbanizing 0.52 7.67 4 Both No Yes Access to residential neighborhoods with bypass/right-turn turn lanes, new development at 89th St 35 Yes
4B Edmonson Ave School Blvd to Dundas Rd 45 mph Minor Collector 12 ft 0 1,780 (2024)Urbanizing 0.38 10.61 4 Both One side Yes Developing area to the west 35 Yes
4C Edmonson Ave Dundas Rd to Chelsea Rd 45 mph Minor Collector 12 ft 0 1,780 (2024)Urbanizing 0.24 21.12 5 Both No No Developing area to the west 35 Yes
5A Fallon Ave 85th St S Jct to 85th St N Jct Statutory 55 mph Local 10 ft 0-5 ft N/A Urbanizing 0.41 7.37 3 Both No Yes Will be reconstructed to 3-lane urban section in near future 35 Yes
5B Fallon Ave 85th St N Jct to School Blvd 30 mph Local 10 ft 0 N/A Urbanizing 0.33 12.15 4 Both No Yes Will be reconstructed to 3-lane urban section in near future 35 Yes
5C Fallon Ave School Blvd to Dundas Rd 30 mph Local 12 ft 0 3,847 (2024)Urbanizing 0.38 26.48 10 Centerline Striping Only No No High ped activity, will be reconstructed to 3-lane urban section in near future 30 No
5D Fallon Ave Dundas Rd to Chelsea Rd 30 mph Local 12 ft 0 4,778 (2024)Urbanizing 0.20 34.67 7 Centerline Striping Only No No High ped activity, will be reconstructed to 3-lane urban section in near future 30 No
5E Fallon Ave Chelsea Rd to E 7th St unposted Major Collector 12 ft 6 ft 6,826 (2024)Urban 0.19 10.79 2 Both Yes Yes Curves, roundabouts on both ends 35 Yes
6A 85th St TH 25 to W of Ebersole Ave Statutory 55 mph Local/Future Major Collector 10 ft 0 N/A Rural 0.53 3.74 2 Both No No Narrow road 50 Yes
6B 85th St W of Ebersole Ave to Fallon Ave Statutory 55 mph Local/Future Major Collector 10 ft 0 N/A Urbanizing 0.83 6.00 5 Both No Yes Future development area, will be reconstructed to 2-3-lane urban section in near future 40 Yes
7 Meadow Oak Ave Fenning Ave to E Broadway 30 mph Local 12 ft 0 1,618 (2024)Urban 0.51 31.31 16 Both Yes Yes Residential area with TWLTL 30 No
8A E Broadway Fenning Ave to Meadow Oak Ave 55 mph on west end Local 12 ft 12 ft 3,620 (2024)Urbanizing 0.50 9.96 5 Both No Yes Signalized intersection on west end, right-turn lanes and bypass lanes at other intersections 45 Yes
8B E Broadway Meadow Oak Ave to Meadow Oak Dr 50 mph on east end Local 12 ft 12 ft 3,620 (2024)Urbanizing 0.33 9.05 3 Both Yes Yes Future development going in to the north with 3 new accesses 40 Yes
9 Haug Ave/90th St 95th St to E City Limit Statutory 55 mph Local 12 ft 0 N/A Urbanizing 0.72 9.66 7 Centerline Striping Only No No Sharp curves (20mph advisory), narrow road without shoulders 45 Yes
10 Hart Blvd E 7th St to E Broadway Statutory 30 mph Major Collector 12 ft 0 3,528 (2024)Urban 0.19 31.18 6 Both Yes Yes Short segment with left-turn lanes , access to commercial 30 No
11 E 7th St Washington St to Fenning Ave 35 mph Major Collector 12 ft 6 ft 6,203 (2024) - 8,269 (2024)Urban 0.94 12.80 12 Both Yes Yes Turn lanes present, two roundabouts, access to commercial, developing area 35 No
12 W 7th St TH 25 to Washington St 30 mph Major Collector 12 ft 10 ft 6,754 (2024) - 8,793 (2024)Urban 0.53 41.32 22 Both Yes Yes Roundabout on the east, signal on the west, lack of turn lanes 30 No
13 Washington St 7th St to E Broadway 30 mph Local 20 ft 0 2200 (2024)Urban 0.30 47.14 14 No striping Yes Yes Lighting, railroad track, residential/school area, 20 mph school speed zone 30 No
14 Fallon Ave E 7th St to Washington St Statutory 30 mph Local 15 ft 0 N/A Urban 0.12 40.62 5 No striping Yes No Short residential segment, curves and poor sight distance 30- Not worth posting?No
15 Hedman Ln/Marvin Elwood Rd On Prairie Rd 20 mph Local 17 ft 0 N/A Urban 0.53 105.68 56 No striping Yes No Residential neighborhood, lots of curves and vehicles parked along road 20 No
16 Eisele Ave 85th St to S City Limit Statutory 55 mph Local 12 ft 0 N/A Rural 0.62 12.84 8 Centerline Striping Only No No Narrow road 45 Yes
17 85th St Fallon Ave to Fenning Ave Statutory 55 mph Local 12 ft 0 N/A Rural 0.94 9.53 9 Centerline Striping Only No No Sharp curves, narrow road 45 Yes
SegmentRef
ID.
Existing Speed LimitRoad Name Lane
WidthFunctional Classification Speed Limit Recommendation Speed Limit
Change?
# of Access
Points
Centerline or Edgeline is
Striped?Notes/ Other ConsiderationsCurb/Gutter
Present
Sidewalks/Trails
Present
Shoulder
Width AADT (Year)Rural or Urban # of Access
Points Per Mile
Segment
Length (miles)
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Appendix B: Speed Limit Recommendations
Appendix B
Speed Limit Recommendations
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Appendix C: Local Road Speed Limit Sign
Recommendations
Local Road Speed Limit Sign Recommendations
Appendix C
A Kevin Longley Dr South of Prairie Rd
B Kevin Longley Dr West of W Broadway St
Recommend installing SW
of RR tracks (could replace
"Watch for Peds" sign)
C Sandy Ln North of W Broadway St
D Otter Creek Rd North of W Broadway St
Recommend combining
with No Parking sign
E Willow St North of W Broadway St
F Chesnut St South of W Broadway St
Would not recommend
signing- driveway
G Chesnut St North of W Broadway St
Would not recommend
signing- short segment
Ref ID. Road Name Segment / Location Location PictureNotes
H Elm St North of W Broadway St
Would not recommend
signing- short segment
I Vine St South of W Broadway St
J Minnesota St North of W Broadway St
Would not recommend
signing- short segment
K Minnesota St South of W Broadway St
L Linn St North of W Broadway St
M Linn St South of W Broadway St
N Locust St North of W Broadway St
O Locust St South of W Broadway St
P Walnut St North of W Broadway St
Do not recommend signing-
esssentially a parking lot
Q Walnut St South of W Broadway St
R East River St West of Pine St Could mount to light pole
S East River St East of Pine St
T W 3rd St West of Pine St
U W 3rd St East of Pine St
V E 4th St West of Pine St
W E 4th St East of Pine St
Could replace ped sign (no
marked crossing nearby) or
place 100' east
X W 6th St West of Pine St
Y W 7th St West of Pine St
Z Walnut St North of W 7th St
Recommend mounting
above No Parking sign (and
trim trees)
AA Locust St North of W 7th St
Would not recommend
signing- short segment
AB Minnesota St North of 7th St W
AC Cedar St North of E Broadway St
Would need to be mounted
in concrete
AD Cedar St South of E Broadway St
AE Palm St North of E Broadway St
Would not recommend
signing- short segment
AF Palm St South of E Broadway St
AG Wright St North of E Broadway St
Would not recommend
signing- short segment
AH Wright St South of E Broadway St
AI Hennepin St South of E Broadway St
AJ Hart Blvd North of E Broadway St
AK Hart Blvd East of Riverview Dr
AL Hart Blvd West of Riverview Dr
AM River Mill Dr South of Riverview Dr
Already has a speed limit
sign at that spot.
AN NE Gillard Ave South of 95th St NE
Already has a speed limit
sign at that spot.
AO 95th St West of Haug Ave NE
Install a new sign closer to
the intersection, remove
existing sign 700' west of
Haug Ave.
AP Haug Ave South of 95th St NE
See Appendix B for speed
limit recommendation.
AQ 93rd St West of Haug Ave NE
Already has a speed limit
sign at that spot.
AR 91st St West of Haug Ave NE
Already has a speed limit
sign at that spot.
AS Oak Ridge Cir North of Jason Ave NE
Would not recommend
signing- short segment and
signed as a dead end
AT Gatewater Dr South of Jason Ave NE
AU Briar Oakes Blvd East of Jason Ave NE
Already has a speed limit
sign at that spot.
AV Meadow Oak Ln East of Meadow Oak Ave
Already has a speed limit
sign at that spot. Trim trees.
AW Spirit Hills Rd South of Jason Ave NE
Neighboorhood has lots of
25mph signs- Would not
recommend additional
signage.
AX Spirit Hills Rd East of Fenning Ave
Neighboorhood has lots of
25mph signs- Would not
recommend additional
signage.
AY Marvin Rd South of Chelsea Rd (no south)
Gravel- Would not
recommend signing.
AZ Marvin Rd North of Chelsea Rd
BA Sandberg Rd North of Chelsea Rd
BB Sandberg Rd South of Chelsea Rd
Would not recommend
signing- short segment and
signed as a no outlet
BC Thomas Park Dr
North of Chelsea Rd - west
junction
BD Thomas Park Dr
North of Chelsea Rd - east
junction
BE Dundas Rd East of TH 25
BF Dundas Rd East of Edmonson Ave
BG Dundas Rd West of Edmonson Ave
Already has a speed limit
sign at that spot.
BH Dundas Rd West of Fallon Ave
BI Deegan Ave North of School Blvd
BJ Deegan Ave South of School Blvd
BK Farmstead Dr North of School Blvd
Already has a speed limit
sign at that spot.
BL Stoneridge Dr West of Fallon Ave
BM Eider Ln South of School Blvd
BN Starling Dr East of Fallon Ave
Recommend installing 100'
beyond "Watch for Peds"
sign (or remove that sign
and replace with speed limit
sign).
BO Fallon Dr East of Fallon Ave
Would not recommend
signing- short segment and
signed as a no outlet
BP Farmstead Ave East of Fallon Ave
BQ Farmstead Ave West of Fallon Ave
Already has a speed limit
sign at that spot.
BR 87th St West of Fallon Ave
Would also recommend
adding a sign on the east
side of Fallon (new
development not shown on
map).
BS Eisele Ave South of 85th St
See Appendix B for speed
limit recommendation.
BT Eisele Ave North of 85th St
BU Ebersole Ave North of 85th St
BV 87th St West of Edmonson Ave
BW 89th St West of Edmonson Ave
Already has a speed limit
sign at that spot.
BX Dalton Ave South of Chelsea Rd
BY Redford Ln North of School Blvd
BZ 6th St East of Pine St
Would not recommend
signing- short segment
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2025-74
RESOLUTION ADOPTING REVISED SPEED LIMITS ON CITY OWNED STREETS
WHEREAS, beginning in 2019, authority was given to cities to adopt a reduced speed
limit on residential roadways under city jurisdiction per Minnesota Statute 169.14; and
WHEREAS, the City of Monticello recognizes the importance of maintaining safe and
consistent traffic conditions for all roadway users; and
WHEREAS, the City of Monticello has conducted a comprehensive review of existing
speed limits across various corridors and identified opportunities to enhance safety and
uniformity; and
WHEREAS, adjusting speed limits to reflect roadway design, surrounding land use, and
traffic patterns will reduce driver confusion, improve compliance, and create a more
predictable driving environment; and
WHEREAS, consistent speed limits on similar corridors will promote safer travel for
motorists, pedestrians, and cyclists alike, while supporting the City’s broader goals for
transportation equity and livability; and
WHEREAS, the City of Monticello authorized the preparation of a Citywide Speed Limit
Study that recommended the following speed limit changes:
Road Segment
Existing
Speed
Limit
(mph)
Proposed
Speed
Limit
(mph)
90th Street West City Limit to Chelsea Road 55 45
Chelsea Road
TH 25 to Fallon Avenue 40 35
Fallon Avenue to Fenning Avenue 45 40
School Boulevard TH 25 to Fenning Avenue 40 35
Edmonson Avenue 85th Street to Chelsea Road 45 35
Fallon Avenue South Junction with 85th Street to North Junction
with 85th Street 55 35
85th Street
TH 25 to 720 feet west of Ebersole Avenue 55 50
720 feet west of Ebersole Avenue to Fallon Avenue 55 40
East Broadway
Fenning Avenue to Meadow Oak Avenue 55 45
Meadow Oak Avenue to Meadow Oak Drive 50 40
Haug Avenue/ 90th
Street 95th Street to East City Limit 55 45
Eisele Avenue 85th Street to South City Limit 55 45
85th Street Fallon Avenue to Fenning Avenue 55 45
WHEREAS, following adoption, new speed limit signing will be installed on affected
streets, unless otherwise posted; and
WHEREAS, the speed limits will go into effect immediately following the installation of
the signs; and
NOW, THEREFORE, BE IT RESOLVED, the City of Monticello hereby adopts the revised speed
limits for the affected roadways under the jurisdiction of the City unless otherwise posted .
ADOPTED this 24th day of November, 2025, by the City Council of the City of Monticello,
Minnesota.
MONTICELLO CITY COUNCIL
By:______________________________
Lloyd Hilgart, Mayor
ATTEST:
______________________________________
Jennifer Schreiber, City Clerk
City Council Agenda: 11/24/2025
1
4B. Consideration of approving a contract amendment request for the Bertram Chain of
Lakes (BCOL) Regional Park Pickleball Courts Project for $42,130
Prepared by:
Parks, Arts & Recreation Director
Meeting Date:
11/24/2025
☐ Consent Agenda Item
☒ Regular Agenda Item
Reviewed by:
Finance Director
Approved by:
City Administrator
ACTION REQUESTED
Motion to approve a contract amendment request with WSB in the amount of $42,130 for
expanded design services related to the BCOL Pickleball Courts Project.
PREVIOUS COUNCIL ACTION
February 10, 2025: Council approved the original professional services agreement with WSB
for the BCOL Pickleball Courts Project in the amount of $50,397.
REFERENCE AND BACKGROUND
The original scope of the Pickleball Courts Project focused primarily on designing and
constructing the courts themselves. As planning progressed, it became clear that several
additional design elements are necessary to ensure the courts integrate smoothly into the
broader BCOL Athletic Park master plan.
The expanded scope incorporates several key elements needed to support future development:
• Parking Lot Integration: A 21-stall parking lot, including accessible stalls and pedestrian
connections, will be designed as part of this phase. This layout aligns with the larger
parking lot planned for future phases, ensuring the courts are functional from day one
and that future expansion can occur without costly redesigns.
• Stormwater Management: To accommodate the new parking lot and future amenities,
the existing ditch system must be replaced with a storm sewer overflow system.
Completing stormwater analysis and schematic design at this stage prevents conflicts
with later phases and ensures compliance with long-term site drainage needs.
• Development Area 2 Grading: Establishing schematic grading for the larger
Development Area 2 sets proper elevations for the pickleball courts and parking lot. This
proactive step minimizes earthwork conflicts, balances site grading, and reduces future
rework when subsequent facilities are added over the next decade.
City Council Agenda: 11/24/2025
2
• Updated Topographical Survey: Expanding survey limits beyond the pickleball court
area will provide accurate base data for future facilities, including the maintenance
building and expanded parking areas. This ensures that all improvements are designed
based on current site conditions.
Expanding the scope at this stage prevents piece-meal design and construction that could lead
to inefficiencies, higher costs, or conflicts with future phases. This amendment ensures the
pickleball courts as a well-integrated anchor within the long-term vision for BCOL Athletic Park.
I. Budget Impact: The amendment increases the total contract amount by $42,130, for a new
total of $92,527. This project is funded with the local sales tax that went into effect on
April 1 of this year, of which sufficient proceeds have already been received to cover this
contract.
II. Staff Workload Impact: Minimal, as WSB will manage design and survey tasks.
III. Comprehensive Plan Impact: The Monticello 2040 Comprehensive Plan emphasizes the
importance of creating multi-use community destinations, expanding recreational
opportunities, and planning infrastructure with long-term sustainability in mind. Expanding
the pickleball project scope to include parking, stormwater systems, and grading for future
phases ensures the courts are not only functional today but also integrated into the
broader BCOL Athletic Park vision. This amendment supports efficient land use, proactive
infrastructure planning, and the development of vibrant community spaces consistent with
the City’s long-term goals.
STAFF RECOMMENDED ACTION
City staff recommend approving the contract amendment request in the amount of $42,130 for
expanded design services related to the BCOL Pickleball Courts Project.
SUPPORTING DATA
• WSB Contract Amendment Request Letter (dated November 4, 2025)
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November 4, 2025
Mr. Tom Pawelk
Parks, Arts & Recreation Director
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
Re: Contract Amendment – BCOL Pickleball Courts Project
Dear Mr. Pawelk,
Per the City’s request, WSB has developed this contract amendment request to expand
the Pickleball Court project.
PROJECT UNDERSTANDING
We understand the intent of this project is to expand the project to include a portion of
the large parking lot and the pond storm sewer overflow system to replace the existing
ditch that is currently located in the area where the parking lot will be constructed. This
design will be prepared to work seamlessly with future phases of Development Area 2 at
BCOL Athletic Park. We will also collect updated topo survey in areas of the expanded
improvements. Additionally, we will evaluate and develop a schematic design mass
grading plan for the overall Development Area 2 focusing on efficient earthwork of the
entire site and confirming proposed grades for the pickleball and parking lot in the
context of adjacent site improvements that will be built over the next decade.
The following defines our proposed Scope of Services for this amendment request.
I. SCOPE OF SERVICES
1. PROJECT MANAGEMENT
A. Coordination
1) Provide coordination and facilitate internal meetings with staff resources
to deliver the project. This includes monitoring and managing the scope of
services, budget, and schedule to align with the professional services
agreement.
2) Coordinate with Client and provide monthly updates regarding progress of
the work.
2. DESIGN
A. Parking lot
1) WSB will design a 21-stall parking lot with pedestrian connections to the
pickleball court area. This parking area will be the east end of the large,
future parking lot near the pickleball court area as shown in the BCOL
Athletic Park master plan. The parking area will be gravel surface with an
Mr. Tom Pawelk
November 4, 2025
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access drive connecting to the existing access drive in the park. This
parking area will include 2 paved accessible bituminous parking stalls and
access aisle, with concrete curb and gutter and pedestrian ramp to
access the court area. This parking area design will allow for seamless
expansion in the future, when the large parking lot is fully constructed.
2) The entire large parking lot will be designed to a schematic design level
(not final design) to confirm fit and elevations in relation to the overall site
development of this area of the park.
B. Stormwater Analysis and Design
1) WSB will prepare updated grading plans, stormwater modeling and
confirm stormwater conveyance in relation to the pickleball project
2) We will also evaluate the stormwater system related to the Development
Area 2 portion of the recently updated master plan at a schematic design
level (not final design).
3) Prepare quantities and estimated costs for future stormwater elements.
C. Development Area 2
1) WSB will prepare a schematic grading plan (not final design) for the
Development Area 2 of the master plan, see graphic below.
a. The schematic design of the overall grading of Development Area 2 is
important to establish at this time to ensure the pickleball court and
parking lot, located within the middle of a larger area that will be
improved in the next phase of construction, are built in the proper
location and at the proper elevation to minimize conflict with future
construction phases and to achieve an earthwork balance.
Mr. Tom Pawelk
November 4, 2025
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3. EXISTING CONDITIONS / BASE FILE
A. Topographical Survey
1) WSB will prepare topographic survey of key areas within the overall
facility to confirm as-built conditions from the previous construction
phases, beyond the proposed pickleball facility site. Additional survey
limits will include future parking lot and maintenance facility areas. (see
graphic below: area in red surveyed as part of the pickleball project, area
in blue to be surveyed under this amendment). This survey will be
prepared in AutoCAD format.
II. COMPENSATION
The scope of services outlined in Paragraph I – Scope of Services above will be
provided for an hourly not-to-exceed fee of $42,130. The following table provides an
overview of fees that are broken into the main categories of work.
1. Project Management 4,550
2. Design 34,180
3. Topographical Survey 3,400
TOTAL CONTRACT AMENDMENT $42,130
III. SUMMARY OF FEES
The following table provides a summary of the total fees.
Original Contract Amount 50,397
Additional services per this request 42,130
TOTAL - including this request $ 92,527
Mr. Tom Pawelk
November 4, 2025
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IV. EXCLUSIONS
1. The following items are excluded from this Agreement; however, Consultant can
provide these services for additional compensation by an Amendment for
Additional Services (AAS).
a. NPDES and Watershed Permits (not anticipated based on expected area of
disturbance)
b. Water / Sanitary Service Design
c. Irrigation Design
d. Electrical Design
e. Construction services
2. Any additional work or change in project scope will be completed on an hourly
basis to be billed in accordance with WSB’s contract with the City of Monticello.
ACCEPTANCE
This letter represents our entire understanding of the project scope. All work under this
letter proposal will be governed by the Professional Services Agreement entered into
between the City of Monticello and WSB on January 8, 1996. If the scope and fee
appear to be appropriate, please sign on the space provided and return one copy to our
office. We are available to begin work once we receive signed authorization.
Sincerely,
WSB
Jason L. Amberg, PLA, ASLA
Principal / Director of Landscape Architecture
Ph. (612) 518-3696
CITY OF MONTICELLO
I hereby authorize WSB to proceed with the above-referenced work under
the terms and conditions of the Professional Services Agreement entered
into between the City of Monticello and WSB on January 8, 1996.
______________________________________
Authorized Signature
______________________________________
Title
______________________________________
Date