§ A314-1. Purpose, adoption, amendment and scope.

A. 

Purpose of rules.

(1) 

It is the purpose of these rules to implement Minnesota Statutes Chapter 44. These rules are policy declarations promulgated pursuant to state law and City ordinance.

(a) 

Employment in the City service shall be free of considerations regarding political affiliation, race, marital status, religion, sex, sexual orientation, creed, color, age, national origin, disability status, or status with regard to public assistance.

(b) 

Fair and competitive conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government.

(c) 

A fair administration of these rules shall be maintained considering the interests of the public and the interests of its employees.

(d) 

Employees covered by these rules shall be subject to satisfactory conformance with these rules, other work rules, safety rules, satisfactory performance of work, the necessity for performance of work, the availability of funds, and other relevant factors.

(e) 

Certain employees of the City have the right to be represented by a collective bargaining organization of their choice. The provisions of any labor agreement between the City and a certified representative of City employees which directly modify or abridge any of these rules shall prevail.

(f) 

A probationary employee may be reassigned, demoted or discharged summarily, at the sole discretion of the City. During a promotional probationary period, an employee may be demoted or reassigned summarily at the sole discretion of the City.

(2) 

It is not the purpose of these rules to delineate management's rights in the efficient operation of the City. Rather, these rules are intended to be guidelines to help ensure employees are protected from actions based on political or non-job-related characteristics.

(3) 

To the extent these policies conflict with state or federal law, as amended, the state or federal statute shall preside.

B. 

Adoption and amendment of rules. The City Clerk-Treasurer shall recommend such rules that may be necessary to carry out the provisions of state law and City ordinance and shall prepare amendments to the rules upon request by the City Council or Clerk-Treasurer's own initiative. At a regular meeting of the City Council the Council shall adopt by resolution, with or without amendment, and after posting in a conspicuous place in the Municipal Building, and after filing in the City Clerk-Treasurer's office, the rules shall be effective. Amendments of the rules shall be approved by the City Council at a regular meeting. After adoption, with or without amendment, by the City Council and after posting and filing as provided herein, the amendments shall become part of the rules.

C. 

Designation of positions by type.

(1) 

Duration of position.

(a) 

Regular full-time position. The duration of a regular position is indefinite and that the position has been explicitly approved by the City Council and reflected in the adopted City Budget. Employment is full-time.

(b) 

Regular part-time position. The duration of a regular, part-time position is indefinite but is expected to be longer than six months. The position has been explicitly approved by the City Council. Employment is part-time, with a minimum of 20 hours per week.

(c) 

Temporary position. The duration of a temporary position is generally fixed and usually for a relatively short period of time. Temporary positions include positions created to handle periodic increases in workload, seasonal work programs and may be full or part time.

(2) 

Types of employment.

(a) 

Full-time employment. Employment engaged in for that number of hours per day and/or days per week that make up full-time employment. The forty-hour workweek constitutes full-time employment.

(b) 

Part-time employment. Employment for less than the regularly established number of hours per day or days per week that make up full-time employment.