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St. Louis County, Minnesota POLICY MANUAL June 2006 ST. LOUIS COUNTY BOARD POLICIES TABLE OF CONTENTS YEAR - RESOLUTION # CHAPTER 1 Rules and Bylaws of the Board of Commissioners 97-809 Introduction 1.1 97-809 Meeting Rules and Bylaws 1.2 97-809 Hearing Rules and Bylaws 1.10 97-809 Notice Guidelines 1.15 04-215 ADA Compliant Meeting Facilities 1.17 CHAPTER 2 Administration 74-029 Legislation Recommendation Procedure 2.1 85-576 St. Louis County Officials Organization 2.1 87-324 Administrative Procedure 2.1 87-213 Department Head Accountable to County Administrator 2.4 87-293 Administrator to Approve Telephonic Equipment Change/Request 2.5 96-289 Department Head Appointment if Administrator Position Vacant 2.5 96-828 Auditor to Sign Rezoning Petitions 2.5 98-860 Administrator to Represent County for Well and Septic System Loans 2.5 CHAPTER 3 Appointment Policy 88-551 Appointment Policy - Unclassified Department Heads 3.1 97-586 Appointment Process Policy (see amendments) (See Also: Chapter 2, Page 2.6 Department Head Appointment...) 3.4 00-171 Appointment Process Policy Amendment 3.7 00-849 Appointment Process Policy Amendment 3.7 CHAPTER 4 Contracts 87-281 Language Uniformity 4.1 88-355 County Attorney Responsibilities 4.1 91-867 Highway Engineer to Approve Contract Change Orders 4.1 93-182 Delegation of Contractual Authority 4.1 04-255 Project Labor Agreements 4.2 CHAPTER 5 Data Practices 89-440 Employee Nondisclosure Policy 5.1 98-743 Data Practice Management Policy 5.2 CHAPTER 6 Drug and Alcohol 89-512 Drug & Alcohol-Free Workplace 6.1 97-659 Applicant Drug Testing Policy 6.3 CHAPTER 7 Emergency Conditions 97-907 Emergency Conditions Policy (see amendment) 7.1 05-386 Emergency Conditions Policy Amendment 7.1 i ST. LOUIS COUNTY BOARD POLICIES TABLE OF CONTENTS CHAPTER 8 Employee Assistance 90-174 Voluntary Payroll Deduction to Assist Co-Worker 8.1 94-521 Employee Tuition Reimbursement Policy & Procedure 8.1 96-200 Employee Assistance Program Policy 8.2 CHAPTER 9 Employment Practices 78-1010 Department Head May Assign Work in Higher Classification (See Also 93-762 Out of Class Work Assignment Policy) 9.1 79-116 Service Ratings for Employees Responsible to Board 9.1 82-257 Publishing of Employee Salaries 9.1 84-657 Non-Discrimination on the Basis of Handicap or Disability 9.1 85-418 County Board Not Required to Review Entry Level Positions 9.2 87-103 Sexual Harassment Policy 9.2 87-104 Equal Employment Opportunity Policy 9.3 89-620 Conflict of Interest/Code of Conduct Policies 9.3 89-620 Mission Statement 9.4 90-722 St. Louis County Work Environment - Family Needs/Issues 9.6 92-362 Civil Service Director may Authorize Employment at any Step 9.7 93-762 Out of Class Work Assignment Policy 9.7 93-920 Non-Discrimination Policy 9.8 94-124 Employee Recognition Policy 9.9 94-567 Recognition Upon Death of Employee 9.10 94-783 Positions Added Due to Grant/Temporary Dollars 9.10 94-1001 Affirmative Action (See Also: 99-266, 01-526, 03-551, 05-493) 9.11 95-884 Employment Vacancies: Moving Expense Limit 9.11 97-413 Personal Use of County Telephonic Equipment 9.12 99-266 Affirmative Action Plan (See Also: 94-1001, 01-526, 03-551) 9.13 00-214 County Telecommuting Policy 9.13 01-526 Affirmative Action (See Also: 94-1001, 99-266, 03-551, 05-493) 9.28 02-102 Discrimination 9.29 03-170 Hiring Freeze (Voluntary for Elected officials) 9.29 03-551 Civil Service Affirmative Action Plan (See Also 94-1001, 99-266, 01-526, 05-493) 9.30 03-592 Direct Department Heads to Provide Opportunities for Employees Scheduled for Layoff or Staff Reduction 9.30 05-493 Affirmative Action (See Also: 94-1001, 99-266, 01-526, 03-551) 9.31 05-494 Policy Prohibiting Discrimination, Harassment, Retaliation, Including Complaint Procedure. 9.31 05-637 Retirees Health Insurance Option 9.31 06-59 Management Compensation Plan 9.32 ii ST. LOUIS COUNTY BOARD POLICIES TABLE OF CONTENTS CHAPTER 10 Fiscal 87-590 Section 125 Program Flexible Spending Account 10.1 87-812 Flexible Spending Accounts Master Plan (See Also: 05-568) 10.1 87-813 Appointment of Plan Administrator 10.1 87-814 Implementation and Administration 10.1 88-098 Miscellaneous Expenditures Policy 10.1 88-312 Petty Cash Funds 10.2 88-850 Write-Off of Uncollectible Accounts Receivable Procedure 10.2 88-908 Auditor Authorized to Make Temporary Transfers of Cash 10.4 90-052 Auditor to Accept Monies for Unrestricted Government Operations 10.4 95-361 Debt Policy 10.5 00-540 Electronic Funds Transfer Policy 10.15 01-233 Business Subsidy Criteria 10.18 01-672 Credit Card Acceptance 10.22 02-187 Tax Abatement Financing Policy 10.22 03-365 Septic Loan Program Policy 10.29 05-371 Proceeds from Sale of County Assets 10.29 05-568 Flexible Spending (See Also: 87-590) 10.38 05-647 Revised Investment Policy 10.39 06-77 Separate Investment of ARC Funds 10.50 BUDGET POLICIES Auditor to Determine Adequacy of Controls and Procedures Resolution # 942, 1997 for Fiscal Year 1998 10.30 Cash Flow Resolution # 968, 1995 for Fiscal Year 1996 10.30 Resolution # 1037, 1996 for Fiscal Year 1997 10.30 Resolution # 942, 1997 for Fiscal Year 1998 10.31 Resolution # 973, 1998 for Fiscal Year 1999 10.31 Resolution # 834, 1999 for Fiscal Year 2000 10.31 Resolution # 811, 2000 for Fiscal Year 2001 10.31 Resolution # 772, 2001 for Fiscal Year 2002 10.32 Resolution # 812, 2002 for Fiscal Year 2003 10.32 Resolution # 754, 2003 for Fiscal Year 2004 10.32 Resolution # 619, 2004 for Fiscal Year 2005 10.32 County Attorney Staff Salaries Resolution # 772, 2001 for Fiscal Year 2002 10.33 Resolution # 754, 2003 for Fiscal Year 2004 10.33 Resolution # 619, 2004 for Fiscal Year 2005 10.33 iii ST. LOUIS COUNTY BOARD POLICIES TABLE OF CONTENTS CHAPTER 10 Fiscal (continued) Federal Cost Allocation Receipts Resolution # 973, 1998 for Fiscal Year 1999 10.33 Resolution # 834, 1999 for Fiscal Year 2000 10.34 Resolution # 811, 2000 for Fiscal Year 2001 10.34 Resolution # 772, 2001 for Fiscal Year 2002 10.35 Resolution # 812, 2002 for Fiscal Year 2003 10.35 Resolution # 754, 2003 for Fiscal Year 2004 10.35 Resolution # 619, 2004 for Fiscal Year 2005 10.36 Heritage and Arts Center Payment Processing Resolution # 811, 2000 for Fiscal Year 2001 10.36 Proceeds from Insurance Fund Resolution # 811, 2000 for Fiscal Year 2001 10.36 Resolution # 754, 2003 for Fiscal Year 2004 10.37 Resolution # 619, 2004 for Fiscal Year 2005 10.37 Proceeds from Sale by Bid of Equipment Resolution # 811, 2000 for Fiscal Year 2001 10.37 Resolution # 754, 2003 for Fiscal Year 2004 10.37 Resolution # 619, 2004 for Fiscal Year 2005 10.38 Vesting Sick Leave Resolution # 772, 2001 for Fiscal Year 2002 10.38 CHAPTER 11 Grant Management Policy 96-288 Grant Management Policy 11.1 CHAPTER 12 Land 85-103 Land Use Moratorium Policy 12.1 86-078 Right of First Refusal (See Also: 05-167 & 05-168) 12.1 86-352 Environmental Review Process 12.2 88-263 Urban Land Management Policy 12.2 88-348 Land Commissioner to Develop Sales Policy 12.6 88-819 Procedure to Resolve Trespass Upon County Tax Forfeited Land 12.6 89-656 Free Conveyance of tax forfeited land to an HRA 12.7 (See Also: 90-482 & 95-878) 89-749 Procedural Guide for Creation of a Lake Improvement District 12.9 89-750 Lake Improvement Districts Established as a Special Revenue Fund 12.11 90-482 Free Conveyance of tax forfeited land to an HRA 12.12 (See Also: 89-656 & 95-878) 90-840 Environmental Impact Statements Policy 12.13 95-878 Free Conveyance of tax forfeited land to an HRA 12.14 (See Also: 89-656 & 90-482) 97-810 Public Land Survey Monumentation Reimbursement Program 12.15 iv ST. LOUIS COUNTY BOARD POLICIES TABLE OF CONTENTS CHAPTER 12 Land(Continued) 98-137 Land Commissioner to Develop Resource Management Policy 12.16 99-719 Tree Top Cutting Sales Policy 12.17 01-464 Repurchase Calculation Homestead Property 12.17 01-765 Timber Cruising Policy 12.17 01-766 Road Access Policy 12.19 01-767 Extractives 12.24 02-137 Sale of Tax Forfeited Land 12.24 03-554 Land Department Environmental Policy 12.25 04-349 County Fee Land Sale Policy 12.25 05-107 “No Net Gain” Policy 12.25 05-111 DNR Designation of SNA’s 12.26 05-167 Purchase of Tax Forfeited Land (See Also 86-078 & 05-168) 12.26 05-168 Purchase of Tax Forfeited Land (See Also 86-078 & 05-167) 12.27 CHAPTER 13 Leave Time 77-671 County Golf Tournament 13.1 83-623 Coffee Breaks 13.1 85-755 Funeral Leave 13.1 93-918 Family and Medical Leave Act of 1993 13.1 95-200 Vacation Pay-Offs/Sick Leave Balance Funding 13.5 96-324 Donation of Accrued Vacation Time 13.5 04-296 Sick Leave Bank Guidelines – Law Enforcement Services 13.6 CHAPTER 14 Liability Indemnification 89-323 Liability Indemnification 14.1 CHAPTER 15 Management Information Systems 96-804 Usage Ethics Computer Policy 15.1 96-805 Principles for Computer Training 15.2 96-943 Management Information Systems Strategic Plan 15.3 96-954 Management Information Systems User Committee Bylaws 15.3 98-369 Disposition of Obsolete, Surplus or Unusable Computer Components 15.7 00-343 County Computer Policy 15.8 CHAPTER 16 Miscellaneous 67-158 Animals: Regulate the Running of “At Large Dogs” 16.1 84-553 Voter Registration Materials Availability 16.1 84-675 Ambulance Subsidy Policy 16.1 87-200 Sale of Duplicate Microfilm Policy 16.3 87-265 County Structures Appraisal Procedure 16.3 88-215 Ambulance Policy Amendment 16.3 v ST. LOUIS COUNTY BOARD POLICIES TABLE OF CONTENTS CHAPTER 16 Miscellaneous(Continued) 88-655 Animals: Registration of Dangerous Dogs 16.3 88-730 Waterlines: No Further Connections to Nopeming 16.4 88-783 Charitable Gambling License Waiver 16.4 92-046 County Facility Usage Policy 16.4 94-644 Policy on County Performance Studies/Reports 16.4 95-960 County Attorney to Settle/Negotiate Personal Injury Claims 16.5 98-337 Tobacco: Health Director as Administrative Hearing Officer 16.5 01-357 Burial/Funeral Payment Policy 16.6 02-148 Access to Services 16.7 02-162 Electronic Submission Policy 16.7 03-188 HIPAA Compliance Policies (See Also: 03-189) 16.10 03-189 HIPAA Compliance Policies (See Also: 03-188) 16.10 03-560 Use of Civility in Conduct of Board Meetings 16.11 04-387 MIA Flags on County Flagpoles 16.12 05-145 Uniform Electronic Transactions and Signatures 16.12 06-291 Cartway Procedures 16.13 05-610 Use of Acronyms and Abbreviations 16.16 CHAPTER 17 Parking 86-423 County Facilities Parking Regulations 17.1 88-142 Single Stall Parking: Amendment to 86-423 17.2 91-020 Government Services Center Parking Lease 17.2 91-023 Elected Officials Parking 17.2 91-024 Parking Meter Rates 17.2 91-025 Internet to Provide Enforcement in Duluth Civic Center 17.3 91-026 Parking Pass 17.3 91-027 Effective Date for Parking Fees 17.3 91-028 Civic Center Parking Prioritization 17.3 91-161 Longevity as Parking Prioritization 17.3 91-320 County Parking Ramp Rates 17.4 (See Also: 98-938 County Motor Pool Parking Facility Lease) 92-590 Parking Meter Rates 17.4 92-591 Contract Parking Prioritization 17.5 98-224 Employee Monthly Parking Rate 17.5 98-938 County Motor Pool Parking Facility Lease 17.6 98-985 Parking Costs as Excludable Income 17.6 CHAPTER 18 Public Works 87-335 Highway Special Usage Permits 18.1 88-381 Calling of Bids 18.2 03-587 Private Snowplowing (See Current Year Fee Schedule for Rates) 18.2 vi ST. LOUIS COUNTY BOARD POLICIES TABLE OF CONTENTS CHAPTER 18 Public Works(Continued) 96-552 Fee for Law Enforcement/Traffic Control 18.3 97-916 Highway Special Usage Permits: Limitations 18.3 CHAPTER 19 Purchasing 84-519 Time Payment Purchase Policy 19.1 87-267 Committee of the Whole to Review Bid Recommendation 19.1 90-864 Recycled Paper 19.1 90-926 Direct Purchase Procedure 19.1 92-066 Procurement from Rehabilitation Facilities 19.2 98-461 Purchasing Rules and Regulations 19.2 00-607 Increased Sealed Bid Cap 19.3 03-721 Purchasing Rules and Regulations 19.3 04-77 “Buy Local” Purchasing Policy 19.4 CHAPTER 20 Recreation 86-244 St. Louis County Recreation Plan 20.1 87-201 St. Louis County Recreation Plan Prioritization 20.6 98-295 Recreation Plan for the Cloquet, St. Louis and Whiteface Rivers 20.6 98-320 Recreation Grant Program 20.7 05-261 Recreation Cabin Lease Program (See Amendment) 20.8 05-369 Recreation Cabin Lease Program Amendment 20.10 CHAPTER 21 Safety Policies 91-460 Safety Responsibilities: Lockout/Tagout Procedures for Equipment Maintenance and Repair; Right to Know 21.1 93-402 Safety Policies: Hearing Conservation; Employee Readiness; Job Safety Analysis; Driver Safety; Explosives Handling; Confined Space Entry; Occupational Blood borne Pathogens 21.5 93-943 Safety Policies: Accident/Incident Reporting; Personal Protective Equipment; Employee Response 21.16 02-140 Eye and Face Protection 21.28 02-503 Clandestine Drug Lab Entry 21.31 CHAPTER 22 Sick Leave Bank/Reserve 82-733 Sick Leave Reserve Cash Option (Obsolete – see * Post Retirement Health Care Savings Plans 2002 – 2005) 22.1 87-282 Sick Leave Reserve Policy (*See Post Retirement Health Care Savings Plans 2002-2005) 22.1 87-667 Sick Leave Bank Guidelines: Highway Maintenance; 22.2 Confidential Public Employee’s Association Civil Service Confidential Unit vii ST. LOUIS COUNTY BOARD POLICIES TABLE OF CONTENTS CHAPTER 22 Sick Leave Bank/Reserve(Continued) 88-964 Sick Leave Reserve Fund for Elected Officials (*See Post Retirement Health Care Savings Plans 2002 – 2005) 22.5 89-614 Sick Leave Bank Guidelines: Merit System Basic Unit; Health Care Supervisory Unit; Civil Service Supervisory Unit 22.6 91-058 Sick Leave Bank Guidelines: Merit System Supervisory Unit 22.10 93-240 Cash Option to be Issued in Name of Employee 22.11 93-412 Sick Leave Hours for Unclassified Support Staff 22.11 95-463 Sick Leave Reserve Funds Policy (*See Post Retirement Health Care Savings Plans 2002 – 2005) 22.12 96-325 Sick Leave Bank Guidelines: Civil Service Basic; Health Care Basic; Merit Basic 22.14 03-233 Sick Leave Reserve Fund (*See Post Retirement Health Care Savings Plans 2005 – 2005) 22.16 *Post Retirement Health Care Savings Plans 2002 - 2005 22.16 05-637 Retiree Health Insurance Option – See Chapter 9 CHAPTER 23 Smoking 88-148 No-Smoking Policy 23.1 88-851 Depot Building Exemption 23.1 94-271 Smoking Cessation Program Costs Reimbursement 23.2 CHAPTER 24 Strike Contingency 80-861 Strike Contingency Plan 24.1 CHAPTER 25 Taxes 89-691 Disaster Credit Eligibility 25.1 91-818 Collection of Administrative Expenses from Tax Increment Finance District 25.2 93-861 Abatement of Ad Valorem Taxes Policy 25.2 CHAPTER 26 Time Keeping 86-314 Recording of Hours Worked 26.1 86-326 Overtime 26.2 88-101 Hours Worked Definition 26.3 91-307 Hours Worked to Include Collective Bargaining Language 26.3 96-869 Uniform Departmental Time-Keeping Procedures 26.4 CHAPTER 27 Travel 79-678 Meals: Reimbursement Method 27.1 80-222 Mileage: Forest Inventory Crew 27.1 80-262 Travel Expense Advances (See Also: 80-294, 87-027,88-709, 01-376) 27.1 viii ST. LOUIS COUNTY BOARD POLICIES TABLE OF CONTENTS CHAPTER 27 Travel(Continued) 80-294 Travel Imprest Fund (See Also: 80-262, 87-027, 88-709, 01-376) 27.2 81-513 Oral Examination Judges Provision 27.3 87-027 Travel Imprest Fund (See Also: 80-262, 80-294, 88-709, 01-376) 27.3 87-706 Travel Policy 27.4 88-144 Meals: Planning Commission/Board of Adjustment 27.8 88-288 Waste Advisory Commission Provision 27.8 88-709 Travel Imprest Fund (See Also: 80-262, 80-294, 87-027, 01-376) 27.8 89-246 Appointed Boards, Committees, Commissions and Task Forces 27.9 89-531 Motor Pool Use Policy 27.10 90-676 Mileage: Reimbursement Rate 27.11 91-119 Mileage: Volunteer Drivers 27.12 93-460 Receipt of Airline Credit or Benefit 27.12 97-356 Vehicle Use Policy 27.12 97-942 County Commissioner Travel Status Definition 27.18 98-198 Mileage: Medical Assistance Transportation 27.18 98-506 Motor Pool Vehicle Rates 27.18 98-973 CONUS Rates: Meal & Incidental Expense Reimbursement Rates Auditor Authorized to Advance 100% Reimbursement 27.19 01-376 Travel Imprest Fund (See Also: 80-262, 80-294, 87-027, 88-709) 27.19 05-688 Out of State Travel By Elected Officials 27.20 CHAPTER 28 St. Louis County Ordinances 28.1 ix MISSION STATEMENT “The mission of St. Louis County is to provide its people those services mandated and/or expected by its citizens so as to provide a good quality of life.” Resolution No. 620 July 25, 1989 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 STANDING RULES AND BYLAWS ST. LOUIS COUNTY BOARD OF COMMISSIONERS Amended by: Res #607 of 9/28/87; Res #777 of 12/14/87; Res #32 of 1/12/88; Res #762 of 10/4/88; Res #1 of 1/8/91; Res #99 of 1/21/97 Res #809 of 10/21/97; Res #980 of 12/23/97 ARTICLE I. INTRODUCTION Section 1. Purpose The St. Louis County Board of Commissioners desires to conduct its business and perform all of its responsibilities and duties in an orderly, efficient, uniform, fair and lawful manner. These Rules and Bylaws are established for that purpose. The County Board also desires that the general public have available to it the Rules and Bylaws that will be in force at County Board meetings and hearings. Section 2. Application of Rules and Bylaws Unless otherwise specifically indicated, these Rules and Bylaws shall apply to the transaction and administration of all County Board meetings and hearings. Section 3. Compliance with Applicable Law It is the specific intent of the St. Louis County Board of Commissioners to perform its duties and conduct its hearings and meetings in accordance with all applicable law, and these Rules and Bylaws and all actions of the Board of Commissioners shall be in accordance with all relevant law. These Rules are specifically designed to be in accordance with Minn. Stat. ch. 13, et seq. (The Government Data Practices Act), Minn. Stat. § 375.51 (The County Ordinance Enactment and Publication Law), and Minn. Stat. § 471.705 (The Open Meeting Law). The following statutes were also consulted, and it is the specific intent of the County Board to comply with all of the hearing and notice provisions of these statutes: § 94.344 (Class B Land Exchanges), § 163.11 (County Highway Establishment, Alteration, Vacation and Revocation Hearings), § 163.13 (Petitions for Highways or Portages), § 163.16 (Impassable Road Complaints and Hearings), § 164.08, subd. 2, with reference to § 164.07 (Cartway Petitions), § 282.241 (Repurchase After Forfeiture for Taxes), ch. 340A (Liquor Act), ch. 378 (Naming Bodies of Water), ch. 379 (Organization, Formation, and Partition of Towns, and Alteration of Their Boundaries), ch. 381 (Township or Section Survey Petitions), § 394.26 (Public Hearings for Zoning Matters), and any equivalent provisions of subsequent law. These Rules are also specifically designed to be in 1.1 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 accordance with all hearing and notice provisions of St. Louis County Ordinances. Section 4. Non-Exclusivity of Rules and Bylaws These Rules and Bylaws are not and cannot be the totality of all regulations of St. Louis County Board activity. Federal law, state law and relevant County ordinances may also be applicable to County Board matters. Section 5. Adoption, Amendments These Rules and Bylaws may be amended by a five-sevenths (5/7) vote of the members of the County Board at a public meeting. All proposed Rules and Bylaws and amendments thereto shall be presented in writing to all Commissioners. All Commissioners shall have a minimum of five (5) days to review the proposed Rules and Bylaws and amendments thereto. These Rules shall become effective immediately after a public meeting and approval by the Board. Section 6. Available to the Public Copies of these Rules and Bylaws shall be available for public review at the Commissioners' offices in Duluth, Hibbing, Virginia, and Ely. ARTICLE II. MEETING RULES AND BYLAWS Section 1. Time and Place of Meetings The St. Louis County Board shall meet as required by Minn. Stat. § 375.07 on the first Tuesday after the first Monday in January, at 9:30 a.m., and if a special board of equalization is not appointed, during the month of June as required by Minn. Stat. § 274.14, at the County Board Room, Courthouse, Duluth, Minnesota. Regularly scheduled board meetings will be held on the first, second, third and fourth Tuesdays of the month in any facility located in the County so long as the facility is open to the public, pursuant to Minn. Stat. § 471.705. Additional meetings may be scheduled upon approval of the Board. All County Board meetings, including Committee of the Whole meetings, shall be held upon notice given in accordance with Minn. Stat. § 471.705 (Open Meeting Law). 1.2 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 Section 2. Agenda 2.01. General Every resolution or matter considered by the County Board shall be in writing with an accompanying explanation of its purpose from the County Administrator. All resolutions will be read in their entirety at the Board meeting, except that any resolution transmitted to the Board with the formal agenda need only be read by title. No matter or resolution shall be placed upon the agenda of business for routine consideration at any regularly-held meeting of the Board unless the same has been considered by the Committee of the Whole at their regular meetings. Resolutions and other agenda items may be referred by the Committee of the Whole to the Board meeting with or without recommendation for passage. Any agenda resolution or matter not considered by the Committee of the Whole may be considered by the Board if it is included in the agenda transmitted to the Board no later than the previous Thursday, and upon consent of five-sevenths (5/7) of the Board members present and voting. The resolution or matter shall be in writing with an accompanying explanation of its purpose from the County Administrator. Any agenda resolution or matter not included on the agenda may be considered by the Board if it is presented in writing and upon consent of five-sevenths (5/7) of the Board members present and voting. The Committee of the Whole agenda will be prepared by the County Administrator and transmitted to the Board on the Thursday prior to the Board meeting. The agenda items will be presented in order under the appropriate committee. After consideration by the committee, it will be recommended for approval by the Board, or it may be transmitted to the Board with no recommendations. Items which do not receive a favorable consideration by the committee will not be transmitted to the Board. If the entire committee supports a resolution, then it shall be sponsored by the chair of the committee. If a resolution is approved by a majority of a committee, but the chair of the committee does not approve it, then the majority of the committee shall select a sponsor for the resolution. 1.3 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 2.02. Consent Agenda A consent agenda shall be prepared by the Clerk in consultation with the County Administrator and consist of routine noncontroversial actions that can be grouped together and handled in one motion by the Board. Any consent agenda items considered by the Committee of the Whole do not require an accompanying explanation of purpose. The agenda will then be scheduled as one item of business at the next regular Board meeting. The consent agenda items shall be considered as one item of business. In the minutes of the meeting, the actions passed in the consent agenda motion shall be recorded individually and in full. Consent agenda items shall not be discussed separately. If, at the Board meeting, any Commissioner so requests, an item shall be removed from the consent agenda and considered separately. Section 3. Officers 3.01 Election of Officers The Board shall elect a Chair and a vice Chair each year at the meeting on the first Tuesday after the first Monday in January. Section 4. Presiding Officer The Chair shall preside at meetings of the Board, and in case of nonattendance, the Vice Chair shall preside. If both are absent, the Board shall appoint a chair from the Commissioners present. Section 5. Quorum At all meetings of the Board, four Commissioners shall constitute a quorum. Section 6. Roll Call At the hour appointed for any meeting, the presiding officer shall call the meeting to order, and the Clerk shall proceed to call the roll, note the absentees, and announce if a quorum is present. The Clerk shall note in the minutes the time and point in the proceedings when any Commissioner absent for roll call takes a seat in the Board Room, or when any Commissioner leaves prior to adjournment. 1.4 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 Section 7. The Clerk shall furnish the Board members with all petitions and communications received since the last Board meeting. Section 8. Order of Business Upon the appearance of a quorum, the Board shall then proceed to the business before it in the following order: 1. Roll Call 2. Approval of minutes of previous meeting by motion 3. Opportunity for citizens to be heard 4. Consent Agenda 5. Reports of Boards and Standing Committees 6. Reports of officers, special committees and others Any citizen desiring to be heard on an appropriate Board matter may be given a reasonable amount of time for such purpose to present the official position of a group or organization or a personal opinion. Hearings and other issues may be set at specific times by the Board. Citizen testimony will be allowed on an agenda item and may be included on the agenda for a specific time, or by a motion carried to suspend the rules to allow citizen participation. Section 9. Duties and Privileges of the Chair The Chair shall preserve order and decorum, and shall decide questions of order, subject, however, to an appeal to the Board. Section 10. Restriction on Private Discussion When a Commissioner is speaking, no other Commissioner shall engage in private discussions. Section 11. Calls to Order A Commissioner called to order shall immediately suspend remarks unless permitted to explain. If no appeal is made, the decision of the Chair shall be deemed conclusive; but if the Commissioner chooses to appeal from the decision of the Chair, the Board shall decide the point without debate. Section 12. Precedence of Motions The motions upon the subject under consideration shall have precedence in the following order: 1.5 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 1. To lay on the table 2. To postpone 3. To commit, that is, to refer to committee 4. To amend 5. To adopt or reject 12.01. Adjournment A motion to adjourn shall be entertained only after the completion of the formal agenda and shall be decided without debate. Section 13. Appropriations by Resolution Every resolution appropriating any amount of money must also contain a statement indicating the amount of the appropriation from the proper fund and item for the payment of the resulting obligation, pursuant to Minn. Stat. § 383C.013. Such resolutions shall be verified and approved by the County Auditor as to sufficiency of funds. All such resolutions and all resolutions as to contracts by St. Louis County shall also bear the approval of the County Attorney. Section 14. Reconsideration Any Commissioner who voted with the prevailing side may move a reconsideration of any action of the Board, provided that the motion be made no later than the next regular meeting after such action was taken, and no property rights that have vested will be jeopardized. A motion to reconsider shall be in order at any time except when a motion on some other question is pending. A motion to reconsider being laid upon the table may be taken up and acted upon at any time when the Board is engaged in the transaction of miscellaneous business. No motion to reconsider shall be made more than once on any matter or subject, and the same number of votes shall be required to reconsider any action as is required to pass or adopt the same. Section 15. Voting The manner in which each Commissioner votes upon all propositions shall be entered in the journal of the proceedings of the Board, but it shall not be necessary to call for the yeas and nays on every proposition unless a Commissioner shall then and there demand such roll call. If no such roll call is demanded, the Chair or other presiding officer of the Board shall direct the Clerk of the Board to enter in the journal of the proceedings that the vote on any such proposition was taken. 1.6 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 A Commissioner may be excused from voting on a question by a majority of the Board in case of a demonstrated possible conflict of interest, any such request being made before the vote is taken. No further discussion shall be permitted during the taking of a vote on any question. Section 16. Committees The Standing Committees of the County Board of Commissioners shall be as follows: 1. Central Management and Inter-Governmental Committee. The Committee shall consider methods of centralizing county administration, deal with labor relations and litigation, and provide for communication and cooperation between the Board, the County Administrator, and departments in line with the organizational structure resolution adopted by the County Board. Further, this Committee shall consider all matters relating to state and federal legislation, administrative rules, and government operations and any impact these may have on the County and its administration. 2. Finance and Budget Committee. The Committee shall consider budget and finances, taxes, abatement applications, levies, assessments, licenses, and the purchase and sale of all property, buildings, supplies and equipment. 3. Environment and Natural Resources Committee. The Committee shall consider all matters relating to environmental services, solid waste, land, zoning, land-use planning, plats, tax-forfeited lands, forestry, and agriculture. 4. Public Works and Transportation Committee. The Committee shall consider all matters relating to fairs, construction, repair and maintenance of highways, and all buildings, vehicles, transportation, supplies, and equipment. 5. Health and Social Service Committee. The Committee shall consider all matters relating to public health, income maintenance programs, social service programs, jobs and employment training efforts, nursing home and laundry issues. 6. Public Safety and Corrections Committee. The Committee shall consider the increasing demands on the County to provide correction services and the need to guarantee adequate public safety within the existing resources. The County has a unique relationship to other counties in the region in the area of corrections and this committee shall provide a structure for working with the ARC Board and setting policy by the St. Louis County Board. All Standing Committees of the Board shall consist of all seven 1.7 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 Commissioners. Each Commissioner shall be limited to the Chair of one standing committee. The County Board Chair will not serve as the Chair of any standing committee. The committee chairs, shall serve as the liaison between the Board and Departments, shall be appointed by the Chair of the County Board of Commissioners, and shall report to the Committee of the Whole. The committee chairs shall sponsor resolutions of their committee, and if they refuse to do so, the Chair shall designate another member to sponsor that particular resolution. A Committee Chair who refuses to sponsor a resolution shall so notify the Board Chair at the Committee of the Whole prior to the regular Board meeting. 16.01. Committee of the Whole Meetings The County Board shall schedule regular times for Committee of the Whole meetings. The Chair of the Board shall preside over Committee of the Whole meetings, or designate individual chairs of standing committees to chair their respective committee. The schedule of Committee of the Whole meetings shall be adopted by resolution of the County Board. The Standing Committees of the County Board will meet at the Committee of the Whole meeting. Section 17. Special Committees Special Committees may be created by the Board Chair for a term of one year; the Chair and members shall be appointed by the Chair of the Board or by majority vote of the Board. Special committees shall in all cases report to the County Board at a Committee of the Whole meeting. All reports by committees shall be presented in writing at a Committee of the Whole meeting. Matters referred to special committees shall be acted upon without undue delay. Section 18. Division of Question If a question in debate contains several distinct propositions, any Commissioner may have the same divided. Section 19. Roberts Rules of Order to Govern In the absence of any rule upon any matters of business, the Board shall be governed by Roberts Rules of Order. Section 20. Suspension of Rules These rules may be suspended by a five-sevenths (5/7) vote of the 1.8 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 members of the Board, present and voting, except to those matters that are provided for by law. Section 21. Use of Speaker Phones It is necessary for individual members of the St. Louis County Board of Commissioners to be physically present at its statutory meetings at the county seat on the first Tuesday after the first Monday in January in order for their attendance to be counted for quorum purposes and in order for them to participate and vote at these statutory meetings. Individual Commissioners may attend other regular meetings of the Board and Committee of the Whole meetings by means of a speaker phone system. In the event a Commissioner chooses to attend by such means, the Commissioner will for all purposes be considered a part of the assembled Commissioners and be allowed to participate and vote in all matters before the Board of Commissioners. The use of speaker phones by Commissioners at these meetings is subject to the following conditions and limitations: a. A quorum of the Board must be present at the scheduled meeting location. b. The Chair of the meeting at which a speaker phone is to be utilized by any Commissioner shall at the commencement of the meeting announce the use of the speaker phone, by whom it is being used and the location of the Commissioner using the speaker phone system, together with a statement that any member of the public is welcome to observe the Commissioner using the speaker phone system. c. The Commissioner using the speaker phone system away from the situs of the meeting must be available to public observation during the course of the County Board meeting in which he or she is using the speaker phone to attend the meeting. d. The speaker phone system being used by the Commissioner away from the situs of the meeting must be located at a facility open to the public. e. The speaker phone system must be of satisfactory operating condition in order to make audible to the general public all the participation by the Commissioner using the speaker phone system. Section 22. Interactive Television 22.01. A County Board meeting may be conducted by interactive television so long as: 1.9 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 a. All members of the Board participating in the meeting, wherever their physical location, can hear and see one another, and can hear and see all discussion and testimony presented at any location at which at least one member is present. b. Members of the public present at the regular meeting location of the Board can hear and see all discussion and testimony and all votes of members of the Board. c. At least one member of the Board is physically present at the regular meeting location. 22.02. Each member of the Board participating in a meeting by interactive television is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. 22.03. If interactive television is used to conduct a meeting to the extent practical, the Board shall allow a person to monitor the meeting electronically from a remote location. The Board may require the person making such a connection to pay for documented marginal costs that the Board incurs as a result of the additional connection. 22.04. If interactive television is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location and notice of any site where a member of the public body will be participating in the meeting by interactive television. The timing and method of providing notice must be as described in Minn. Stat. § 471.705, subd. 1c. ARTICLE III. HEARING RULES AND BYLAWS Section 1. Notice Notice of all hearings of the County Board shall be made in a manner in accordance with all statutory and ordinance notification requirements by the Clerk of the Board. If the County Attorney determines that additional notice is necessary to comply with constitutional procedural due process requirements, the Clerk will provide whatever additional notice is recommended. Section 2. Hearing Records 2.01. Open Hearings All hearings of the St. Louis County Board shall be open to the public. The votes of the members of the Board on any matter shall be recorded and shall be available to the public. 1.10 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 2.02. Exhibits All exhibits submitted to St. Louis County for hearing purposes become the property of St. Louis County. 2.03. Record Maintenance The Clerk shall be required to maintain all records created at public hearings. The Clerk shall preserve or dispose of the records in accordance with state law. 2.04. Hearing Records A verbatim record of all public hearings will be made by means of tape recording or electronic means, or if deemed appropriate by the Chair, by means of a court reporter. The public is specifically allowed to preserve and record the proceedings of the County Board at any of its hearings by using voice recording instruments, court reporters, stenographers, or other reasonable means of record preservation. An individual may receive a transcript of County Board hearings from the Commissioner's Office by making arrangements with the Clerk of County Commissioners. The Clerk is authorized and directed to require parties requesting transcripts to pay the reasonable costs associated with the preparation of the transcript in advance. Section 3. Hearing Continuances and Postponements 3.01. Postponements Postponements after personal or published notice will not be permitted. 3.02. Continuances The County Board may continue a hearing if it determines a need exists for additional information or if fairness dictates the need for additional time. Section 4. Conduct of Hearing 4.01. General The Chair of the Board shall commence and direct the hearing. All parties shall have the right to present evidence, rebuttal testimony, and argument with respect to the issues, and to cross-examine witnesses. 4.02. Quorum Needed for Hearing There shall be no fewer than five Commissioners in attendance to hold any public hearing. 1.11 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 4.03. Order of Hearing The following procedure shall govern the order of persons appearing before the Board: 1. The County department staff report, if any, shall be given and include, but not be limited to, a description of the request or issue, analysis of the facts, communications received, conclusions, and recommendations. All appropriate County departments may present information relevant to the matter at this time. 2. The party to be affected or a representative. 3. Representatives of other governmental units or agencies that may be appropriate, such as the local town or state agency. 4. Others in favor of the proposal. 5. Others opposed to the proposal. 6. Other comments or evidence from the public. 4.04. Evidence a. Admissibility The County Board may admit and consider all evidence which possesses probative value and may exclude incompetent, irrelevant, immaterial and repetitious evidence. b. Record All information which is offered and accepted into evidence by any party to the hearing shall be made a part of the hearing record. No factual information or evidence shall be considered in the determination of any matter unless it is part of the record. c. Documentary Evidence Any witness offering written materials such as letters, records, reports, plans, studies or any other documents must provide a sufficient number of copies for each Commissioner, the Clerk and other parties. Where copies of evidence are not practically available, the Chair of the Board, in its discretion, may accept one copy and make it available for inspection or allow a witness to read a document into the record. d. Official Notice The Board may take notice of general facts within its knowledge by a unanimous vote but any party shall have the right to contest the facts so noticed. The 1.12 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 Commissioners may utilize their experience and knowledge in the evaluation of the evidence in the hearing record. 4.05. Examination of Witnesses a. Commissioners may question any witness at the termination of that witness's testimony or at the end of all testimony. b. Any individual may make a request to cross-examine a witness. If possible, this should be accomplished by directing suggested examination questions to the Chair. If specifically requested, the Chair may allow individuals to personally cross-examine witnesses. The Chair may act to prevent repetitive, argumentative or irrelevant questions and to expedite the cross-examination to the extent consistent with disclosure of all relevant testimony and information. Section 5. Deliberations 5.01. General Deliberations shall be made in public. However, no additional testimony may be offered after the close of the public hearing. County Board members may ask specific questions, provided that the question is intended to clarify information that is already in evidence. The Chair shall not allow any new information or arguments to be offered at this time. The County Attorney, acting as legal advisor and parliamentarian, shall be permitted to ask questions to clarify motions or information that is in the record. 5.02. Timing Unless the hearing is continued or reopened, deliberations on a matter shall take place after the close of all of that meeting's scheduled public hearings. 5.03. Continued Deliberations If the County Board desires to continue deliberations, it may do so. However, no additional testimony or information may be provided to the County Board unless the public hearing is reopened. County Board members may inspect any relevant geographical site or evidence without reopening the hearing. 5.04. Voting Only those Commissioners attending the hearing may deliberate and vote. 1.13 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 5.05. Conflict of Interest No member of the County Board is permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member who has a conflict of interest may not testify relative to the matter, nor discuss, deliberate, or communicate with the voting Commissioners. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a Commissioner from voting thereon shall be decided by majority vote of all Commissioners except the Commissioner who is being challenged. Section 6. Findings of Fact Findings of fact shall be approved and made a part of the County Board file in all cases when deemed necessary by the County Attorney. Section 7. Notice Guidelines The following guidelines are to be used by the Clerk of the County Board in providing notice of hearing unless different notice requirements are provided by the County Attorney. 1.14 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 TYPE OF HEARING STATUTE PUBLICATION POSTING SERVICE Townships Change of Boundaries 379.02, et seq 30 days Clerk of each town Change of Name 379.08 3 weeks at least, 30 days prior to hearing Cartways 164.08 164.07 10 days Personal service to each occupant of land to be crossed. Written notification within 7 days of filing award of damages to each owner and occupant County Highways Vacation 163.11, subd. 4 10 days Personal service on occupants Revocation/Reversion 163.11, subd. 5a 30 days’ notice served on members of Town Board Acquisition of land 163.21 10 days 10 days prior service on occupants. Written notice of award to owners and occupants within 7 days of filing award. Petition for highway or portage 163.13 Reasonable Complaint of impassable town road 163.16 Mail notice to town clerk and persons signing complaint Zoning Plan adopted by ordinance and amendments 375.51 394.26 10 days before hearing; once after enactment ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 Official controls adopted by ord. and amendments 375.51 394.26 10 days before hearing; once after enactment Written notice sent to governing bodies of towns & municipalities in the County Conditional use permit 10 days before hearing in official paper and a local paper Incorporated area- Mail notice to all property owners of record within 500 feet of affected property Unincorporated area - Mail notice to owners of record within 1/4 mile of affected property or the 10 properties nearest to the affected property, whichever would provide notice to the greatest number of owners Variances 10 days before in official paper and a local paper Mail notice to all property owners of record within 500 feet of affected property All other official controls, including subdivision and zoning regulations Incorporated area- Mail notice to all owners of record within 500 feet of affected property Unincorporated area - Mail notice to all property owners 1/2 mile of affected property Board of Equalization 274.13 Notice to taxpayers whose property may have value raise Land Exchange Class B Land 94.344 Once, two weeks before hearing Two weeks 1.16 ST. LOUIS COUNTY BOARD POLICIES RULES AND BYLAWS OF THE BOARD OF COMMISSIONERS CHAPTER 1 ADA COMPLIANT MEETING FACILITIES RESOLUTION NO. 215 April 13, 2004 RESOLVED, that all meetings of St. Louis County boards, committees, and commissions shall be held in ADA compliant facilities, with consideration given to distance from parking, elevators, and accessibility ramps. 1.17 ST. LOUIS COUNTY BOARD POLICIES ADMINISTRATION CHAPTER 2 LEGISLATION RECOMMENDATION PROCEDURE RESOLUTION NO. 029 January 14, 1974 RESOLVED, that all County officials and department heads, prior to submitting their requests for the adoption of legislation affecting the County of St. Louis to the St. Louis County Delegation, shall first submit same to the Chairman of this Board's legislative Committee. ST. LOUIS COUNTY OFFICIALS ORGANIZATION RESOLUTION NO. 576 September 9, 1985 WHEREAS, the St. Louis County Department Heads informally met to establish an organization to discuss County policy and to assist the County Board in matters important to the County and its employees; and WHEREAS, this organization has taken the name St. Louis County Officials Organization; and WHEREAS, the St. Louis County Board has requested assistance and information from this organization; and WHEREAS, it is important that all Department Heads participate in this organization so that their views can be known; NOW, THEREFORE, BE IT RESOLVED, that the St. Louis County Board recognizes the St. Louis County Officials Organization as the source for information and assistance needed of the collective departments of St. Louis County. BE IT FURTHER RESOLVED, that the St. Louis County Board encourages all Department Heads to participate in this organization. ST. LOUIS COUNTY ADMINISTRATIVE PROCEDURE RESOLUTION NO. 324 BOARD FILE NO. 52948 May 26, 1987 WHEREAS, it is in the best interest of the organization that the Administrative Procedure for carrying out the provisions of the Chain of Command be formally adopted, as on file in County Board File No. 52948, and made a part hereof; NOW, THEREFORE, BE IT RESOLVED, that the Administrative Procedure for the purposes of carrying out the intent of the Chain of Command is hereby approved by the Board of County Commissioners; and BE IT FURTHER RESOLVED, that the Clerk certify a copy of this resolution to the County Administrator and all department heads of St. Louis County. ST. LOUIS COUNTY ADMINISTRATIVE PROCEDURE 2.1 ST. LOUIS COUNTY BOARD POLICIES ADMINISTRATION CHAPTER 2 The St. Louis County Board of Commissioners has adopted the County Administrator form for administration of the County as authorized by Minnesota Statutes 375A.06. The adoption of this form affects all department heads under the Board of County Commissioners. Therefore, it is important that the Board members and staff members be cognizant of certain procedures necessary for successful implementation of this administrative system. The County Board is desirous of a clearly defined administrative procedure for the following reasons: a) to promote effective administrative services throughout St. Louis County b) to clarify the delegation of duties authorized by Minnesota Statutes 375A.06 c) to allow greater accountability in the office of County Administrator while simultaneously permitting the Board of County Commissioners of St. Louis County to concentrate greater efforts on policy decisions d) to notify all staff members of the role and function of the County Administrator The following is a review and explanation of the major points of the responsibilities of the County Administrator: 1. The County Administrator shall be the administrative head of the County and shall be responsible for the proper administration of the affairs of the county placed in the Administrator’s charge. The Administrator shall exercise general supervision over all County institutions and agencies and, with the approval of the County Board, coordinate the various activities of the County and unify the management of its affairs. For purposes of this provision, the Board of County Commissioners has adopted the organization chart by Resolution No. 324 dated May 26, 1987. It is the commission’s desire that supervision and direction flow in accordance with the organization chart as updated from time to time. This means there is no differentiation between departments under the Board of County Commissioners as far as chain of command supervision procedures. All matters go through the County Administrator to and from the Board of County Commissioners. The only exception to this procedure would be the express purpose of furnishing requested information to the Board of County Commissioners. No information is to be withheld from the Board of County Commissioners. Department Heads are to keep the Board informed at all times through periodic reports and periodic briefings, working through the County Administrator. However, if a Commissioner’s request generates extra staff time and effort, the department head will coordinate such with the County Administrator, and, if necessary, the County Administrator with the Board of County Commissioners. 2. Appoint, suspend, and remove with the approval of the County Board, all County personnel whose appointment, suspension or removal is a function of the County 2.2 ST. LOUIS COUNTY BOARD POLICIES ADMINISTRATION CHAPTER 2 Board under general law and make such appointments with the approval of the County Board to additional offices, boards, committees and commissions both advisory and otherwise as the County Board may direct. As the appointing authority, the Board of County Commissioners has final determination in all personnel matters. However, it is the intent of the County Commissioners, that the County Administrator will structure the process for appointment, suspension, removal, performance appraisal and other personnel actions relating to personnel reporting to the County Board. A more detailed process for the appointment, discipline and performance evaluation of personnel will be adopted by the Board. The Board will consider personnel actions after receiving recommendations from the County Administrator. 3. Prepare and submit to the County Board a proposed annual budget and long-range capital expenditure program for such period as the County Board may direct, each of which shall include detailed estimates of revenue and expenditures and enforce the provisions of the budget when adopted by the County Board. The statutes clearly place appropriating authority with the Board of County Commissioners and budget preparation with the County Administrator. The preparation and recommendation of an annual budget and appropriation resolution will be done in concert with the various departments of the County. The County Administrator will recommend a budget procedure to be considered by the Board. The promulgated budget procedures will be adhered to by all departments. The County Administrator will recommend a balanced budget to the Board and will provide alternative analysis of budget proposals as the Board directs. 4. Provide for the execution of all ordinances, resolutions and orders of the Board and all laws of the State required to be enforced through the County Board, by the Administrator or by officers who are under the Administrator’s direction and supervision. In addition to the inherent duties of judiciously managing a department under the jurisdiction of the Board of County Commissioners, department heads may expect to receive additional assignments and duties as the need dictates, consistent with departmental goals and objectives; said assignments and duties to be carried out in an orderly and timely fashion. It is expected that the department heads will work with the County Administrator to further County Board directives and policies. 5. Provide for County purchases including purchases of service as directed by the County Board and pursuant to purchasing regulations established by the Purchasing Agent pursuant to 383C.33. 2.3 ST. LOUIS COUNTY BOARD POLICIES ADMINISTRATION CHAPTER 2 The County Administrator will ensure that purchasing policies are recommended for County Board consideration and adoption. 6. Attend all meetings of the County Board and recommend measures for adoption as the Administrator deems advisable or expedient. The County Administrator will be in attendance at all County Board meetings within the limits of practicality and advise the Board on administrative matters being addressed by the Board. The County Administrator will provide background information on issues before the Board, examine alternatives for adoption and make recommendations on issues. The County Administrator will examine policies of the Board and recommend updates on a periodic basis. The County Administrator will serve as an information resource center for activities of the County. 7. Hire qualified staff to assist the Administrator in the performance of duties as approved by the Board. The County Administrator may directly hire staff for his office for positions authorized in the budget by the Board. 8. Examine the books and papers of officers and departments of the County as directed by the County Board and report the findings to the County Board, keep the County Board fully advised as to the financial condition and needs of the County and make such other reports from time to time as required by the Board or the Administrator deems advisable. The County Administrator will examine the structure and operation of the County organization and recommend consolidation or combination of offices, positions, divisions, departments or other units under the direction of the County Board. The County Administrator will establish goals and objectives, work statements and priorities for each department, subject to approval of the Board of County Commissioners. The County Administrator will report to the Board on a monthly basis as to the financial condition of the County. The County Administrator will make periodic reports to the Board on issues relating to the County. DEPARTMENT HEAD ACCOUNTABLE TO COUNTY ADMINISTRATOR RESOLUTION NO. 213 April 13, 1987 2.4 ST. LOUIS COUNTY BOARD POLICIES ADMINISTRATION CHAPTER 2 RESOLVED, that all Department Heads with the exception of elected officials will be accountable to the County Administrator ADMINISTRATOR TO APPROVE TELEPHONIC EQUIPMENT CHANGE/ REQUEST RESOLUTION NO. 293 May 11, 1987 RESOLVED, that authority is hereby given to the County Administrator for approval of telephone equipment and/or change requests. DEPARTMENT HEAD APPOINTMENT IF ADMINISTRATOR POSITION VACANT RESOLUTION NO. 289 April 16, 1996 RESOLVED, that the Administrative Procedure adopted by the County Board on May 26, 1987, by County Board Resolution No. 324, which incorporates the duties of the County Administrator, is hereby amended as follows: If the position of County Administrator is vacant, the confirmation of department head appointments will be considered by the County Board upon receiving a written recommendation from the designated Chair of the Interview and Screening Committee AUDITOR TO SIGN REZONING PETITIONS RESOLUTION NO. 828 October 15, 1996 RESOLVED, that the County Auditor is hereby authorized, on behalf of St. Louis County as the property owner of record, to sign rezoning petitions which may affect County fee lands in order to allow a public hearing on such requests for municipal rezoning. ADMINISTRATOR TO REPRESENT COUNTY FOR WELL AND SEPTIC SYSTEM LOANS RESOLUTION NO. 860 November 17, 1998 WHEREAS, the Minnesota Department of Agriculture has made low interest loan funds available to counties, Soil and Water Conservation Districts, and Joint Powers Organizations through the Agricultural Best Management Loan Program and the Countywide Individual Sewage Treatment System and Well Loan Program; and 2.5 ST. LOUIS COUNTY BOARD POLICIES ADMINISTRATION CHAPTER 2 WHEREAS, St. Louis County has agreed to act as the local lender, administer the lending agreements with individual borrowers, and guarantee repayment to the state; and WHEREAS, St. Louis County has identified a need for low interest loan funds to encourage repair of individual sewage treatment systems and sealing of abandoned wells that prevent or mitigate nonpoint source pollution; and WHEREAS, many agricultural best management practices, repair of individual sewage treatment systems and sealing of abandoned wells are identified in the Comprehensive Local Water Plan as priorities; NOW, THEREFORE, BE IT RESOLVED, that St. Louis County approves the application, authorizes its submittal, and designates the County Administrator to be the authorized representative, and hereby grants County Administration the authority to sign the application, loan agreement and all other correspondence or documentation necessary to implement the loan program on behalf of St. Louis County; and BE IT FURTHER RESOLVED, that the County Administrator is the authorized representative for all prior Agricultural Best Management Practices and Countywide ISTS Loan Agreements and is granted the authority to sign all correspondence and documents to carry out all prior loan programs on behalf of St. Louis County; and BE IT FURTHER RESOLVED, that all prior designations of the authorized representative by St. Louis County for the Agricultural Best Management Practices Loan Program is hereby rescinded. 2.6 APPOINTMENT POLICY - UNCLASSIFIED DEPARTMENT HEADS RESOLUTION NO. 551 BOARD FILE NO. 53283 July 12, 1988 RESOLVED, that the St. Louis County Board of Commissioners hereby adopts a policy for Appointment of Unclassified Appointed Department Heads as on file in County Board File No. 53283. RESOLVED FURTHER, that all previous resolutions are hereby rescinded. APPOINTMENT POLICY - UNCLASSIFIED APPOINTED DEPARTMENT HEADS This policy is in accordance with Minnesota Statutes 375A.06, Subdivision 4, which states in part as follows: Subd 4. Administrator, powers and duties. The county administrator shall be the administrative head of the county and shall be responsible for the proper administration of the affairs of the county placed in the administrator’s charge. The administrator shall exercise general supervision over all county institutions and agencies and, with the approval of the county board, coordinate the various activities of the county and unify the management of its affairs. If required by the county board, the administrator may act as head of any department, the appointment of which is made by the county board, provided the administrator has the qualifications required by law. Responsibilities shall include, but are not limited to, the following duties: a. Hire qualified staff to assist the administrator in the performance of duties as approved by the board; b. Provide for the execution of all ordinances, resolutions and orders of the board and all laws of the state required to be enforced through the county board, by the administrator or by officers who are under the administrator’s direction and supervision; c. Appoint, suspend and remove with the approval of the county board all county personnel whose appointment, suspension or removal is a function of the county board under general law and make such appointments with the approval of the county board to additional offices, boards, committees and commissions both advisory and otherwise as the county board may direct. POLICY: IT IS THE POLICY OF THE ST. LOUIS COUNTY BOARD TO ADHERE TO THIS APPOINTMENT POLICY FOR ALL UNCLASSIFIED, APPOINTED DEPARTMENT HEADS. 3.1 ST. LOUIS COUNTY BOARD POLICIES APPOINTMENT POLICY CHAPTER 3 ST. LOUIS COUNTY BOARD POLICIES APPOINTMENT POLICY CHAPTER 3 The positions included in this policy as of July 1, 1988, are as follows: Health Officer Land Commissioner Communications Director Social Services Director Highway Engineer County Assessor PROCEDURE: 1. Preliminary work: - For each vacancy or impending vacancy, the Civil Service/Personnel Department shall prepare the following for the County Administrator: develop or update the position description to include a description of duties and responsibilities, requirements of the position, minimum qualifications, and reporting requirements prepare a summary of the functions of the department including the organizational structure, number of employees, geographical locations, size of budget, etc. assemble information regarding important issues the person selected will need to address, both short term and long term prepare a description of desirable characteristics of the person needed 2. Position Announcement/Recruitment: - A position announcement shall be prepared by the Civil Service/Personnel Department to include the following: Title Salary Range (as per management compensation plan) Distinguishing features of position Minimum qualifications Desirable characteristics Screening, evaluation, interviewing, and appointment criteria Closing deadline for application filing Projected employment date Summary of department An active recruitment process may include placement of position announcements in appropriate local, state, regional, and national publications. Typically, these would include local newspapers and publications, state municipal journals, major metropolitan newspapers, and the journals and newsletters of various professional associations. The recruitment process will be utilized to the extent necessary to reach the anticipated source of qualified candidates for any given position. 3.2 ST. LOUIS COUNTY BOARD POLICIES APPOINTMENT POLICY CHAPTER 3 The County Administrator may recommend to the County Board the services of a search and selection consulting firm if it is in the best interests in obtaining the most qualified candidates. 3. Screening and Evaluation of Resumes: - The screening and evaluation of resumes will be recommended by the Civil Service/Personnel Department in consultation with the County Administrator. The screening process will determine which applicants meet the qualifications described in the position description. The evaluation process will identify a top number of candidates (designated on the announcement) based on the qualifications described on the resumes. These candidates will be designated for further evaluation in the interview process. 4. Interview of Top Candidates: - The purpose of the interview structure set up by the Civil Service/Personnel Department and the County Administrator will be to narrow the field of candidates from a selected number to one candidate for recommendation by the County Administrator to the County Board. The format of this initial interview may include two or more assessment panels; one, a technical program panel representing experts in the field, and a second assessment panel to evaluate managerial, interpersonal, and personal qualities of the candidates. The Affirmative Action Policy of the county will be considered in selection of the interview panels. County Board members may participate on these interviewing panels at their discretion. 5. Background Investigation and Reference Checking: - A thorough background investigation/reference check will be completed, by the Civil Service/Personnel Department, of the top candidates as designated by the County Administrator. In addition, a management assessment of the candidates may be undertaken by an independent firm at the discretion of the County Administrator. 6. Selection: - The recommendation for selection will be made by the County Administrator after consultation and evaluation with the County Board members. Final approval for the appointment will be made by the County Board. The County Administrator will be responsible for presenting the job offer to the selected candidate. He/she will also be responsible for settling the compensation and benefits package in accordance with the management compensation plan and for communicating the plan to the appointee. All inquiries regarding the appointment procedure will be handled by the Civil Service/Personnel Department. This process represents the minimum of what may be included as part of the 3.3 ST. LOUIS COUNTY BOARD POLICIES APPOINTMENT POLICY CHAPTER 3 selection process. The County Administrator reserves the right to add and/or revise the selection procedure such as on site reference checks, the use of an assessment center, interviews by other professionals, psychological interviews, and individual interviews by the County Administrator. STATUTORY REQUIREMENTS: It is recognized that certain positions are subject to minimum statutory qualifications. The County Administrator, with the approval of the County Board, reserves the right to establish additional qualifications as are deemed appropriate. Positions with the statutory requirements: Health Officer - must be medical doctor Highway Engineer - must be registered highway or civil engineer, registered under the laws of the State of Minnesota County Assessor - must have accreditation as an assessor in the State of Minnesota These requirements must be met at the time of the closing date for filing an application. APPOINTMENT PROCESS POLICY RESOLUTION NO. 586 August 5, 1997 RESOLVED, that the Appointment Process Policy, as contained in Board File No. 57046, is hereby approved. APPOINTMENT PROCESS POLICY (as amended) PURPOSE St. Louis County contains a vast reservoir of talent and energy in its citizens. The purpose of this policy is to tap this reservoir to benefit County Government. Further, by promoting broad-based participation of citizens in the committees, boards and commissions which advise County Commissioners and help set public policy, County Government provides citizens an opportunity to influence County policy. Broad-based participation also creates ambassadors for county programs and insures the diversity of County residents is reflected in County decision-making. These residents provide role models from various social, economic and cultural segments of the community. This Appointment Policy is designed to be an objective process characterized by increased access, fairness and equal opportunity, while preserving the qualitative and discretionary elements necessary to appoint the best qualified candidates. 3.4 ST. LOUIS COUNTY BOARD POLICIES APPOINTMENT POLICY CHAPTER 3 PROCEDURES Appointments covered by this Appointment Policy are those which are made by the St. Louis County Board as a whole, which have a fixed term (which has an end date and may require a reappointment or new appointment), and are to a committee or task force of a least one year. This policy does not apply to ex-officio appointments or appointments designated to be filled by County Commissioners. Advisory Committees and Boards For all boards and committees which are advisory in nature, the Deputy County Administrator will work with the Clerk of the Board to: 1. Develop and maintain a file of all boards and committees including information on origin, duration, purpose, board composition, number of members, terms of members, current membership roster and term expirations. 2. Prepare for year-end term expirations. The Clerk of the Board, with the assistance from the department or division director, will prepare a list of appointments for committee positions which are vacant. (This would include year-end vacancies caused by term expirations, resignations and the creation of new committees.) County Board members will be informed of these year-end vacancies and will be invited to submit names for consideration. The Clerk of the Board will advertise as appropriate for vacancies on given board or committees. Should a vacancy occur midyear, the Clerk of the Board shall review any previous applications and will contact these individuals to determine their interest. If no previous applicants are interested, the vacancy will be advertised for appointment. County Board members will be informed of these mid-year vacancies when they occur and will be invited to submit names for consideration. 3. Distribute standardized applications to individuals wishing to apply and to individuals being nominated by a Board member. Applicants may attach a resume to the official application form if they desire. 4. Provide the County Board with a copy of the applications and any attached resumes at least 3 weeks prior to placing the appointments on the Committee of the Whole agenda, information, applications and other materials so that appointments are made in a timely fashion, and according to the Appointment Policy. Committees or Boards Requiring Interviews Appointments to the following committees have been specifically identified by the Board as meriting Commissioner interviews: the Community Development Block Grant Committee, the Planning Commission, the Civil Service Commission, and the Board of Adjustment. For these specific committees or boards, and for any other committees the Board so identifies, the Deputy County Administrator will work with the Clerk of the Board to: 3.5 ST. LOUIS COUNTY BOARD POLICIES APPOINTMENT POLICY CHAPTER 3 1. Develop and maintain a file of all boards and committees including information on origin, duration, purpose, board composition, number of members, terms of members, current membership roster and term expirations. 2. Prepare for year-end term expirations. The Clerk of the Board, with the assistance from the department or division director, will prepare a list of appointments for committee positions which are vacant. (This would include year-end vacancies caused by term expirations, resignations and the creation of new committees.) County Board members will be informed of these year-end vacancies and will be invited to submit names for consideration. The Clerk of the Board will advertise as appropriate for vacancies on given boards or committees. Should a vacancy occur midyear, the Clerk of the Board shall review any previous applications and will contact these individuals to determine their interest. If no previous applicants are interested, the vacancy will be advertised for appointment. County Board members will be informed of these mid-year vacancies when they occur and will be invited to submit names for consideration. 3. Distribute standardized applications to individuals wishing to apply and to individuals being nominated by a Board member. Applicants may attach a resume to the official application form if they desire. 4. The department or division director, in consultation with the Deputy County Administrator, will establish the interview schedule. 5. Public notice will be given for all interview sessions in order to comply with the open meeting law. 6. If no County Commissioners participate in the interview process, the department or division director shall make a recommendation for appointment to a board or committee. 7. The above procedures shall be completed promptly to ensure appointments are made in a timely fashion and in accordance to the Appointment Policy. 8. The appointees shall be officially introduced to the County Board. Eligible Applicants: 3.6 The application form will ask applicants whether they are County employees, have a contract with the County, or work for a County vendor. In some instances, the Board ST. LOUIS COUNTY BOARD POLICIES APPOINTMENT POLICY CHAPTER 3 may wish to appoint persons with less direct connection to the County. Where this is a qualification either way, the solicitation for applicants for the particular appointment will so state. Since Commissioner districts are the basis for democratic representation on the St. Louis County Board, whenever practical, all boards, committees and commissions will include persons who reside in each of the Commissioner districts. Preference in appointments will be given to residents of St. Louis County, but exceptions may be made by the Board to include persons with exceptional qualifications. NOTE: Some appointments are regulated by state or federal law or administrative rule. When there is a difference between this Appointment Policy and rule or statute with regard to an appointment, the rule or statute will prevail. Effective Date: This appointment policy is effective August 1, 1997, December 15, 2000 and supersedes any previous policies or resolutions pertaining to appointments to committees, boards and commissions. APPOINTMENT PROCESS POLICY AMENDMENT RESOLUTION NO. 171 March 14, 2000 RESOLVED, that the St. Louis Board Appointment Process policy, adopted August 5, 1997, by County Board Resolution No. 586, is hereby affirmed and amended to remove the Community Development Block Grant (CDGB) Advisory Committee from the list of committees requiring Commissioner interviews of candidates prior to appointment. APPOINTMENT PROCESS POLICY AMENDMENT RESOLUTION NO. 849 December 19, 2000 WHEREAS, the St. Louis County Board of Commissioners adopted the Appointment Process Policy by Resolution No. 586, dated August 5, 1997, and contained in Board File No. 57046. NOW, THEREFORE, BE IT RESOLVED, the Board hereby amends the Appointment Process Policy, as contained in Board File No. 57669. (see strikeout changes to Appointment Process Policy, 97-586) 3.7 ST. LOUIS COUNTY BOARD POLICIES CONTRACTS CHAPTER 4 LANGUAGE UNIFORMITY RESOLUTION NO. 281 May 11, 1987 RESOLVED, that it shall be the policy of the St. Louis County Board to keep uniformity in the language of all contracts with a like nature. COUNTY ATTORNEY CONTRACT RESPONSIBILITIES RESOLUTION NO. 355 May 17, 1988 RESOLVED, that the St. Louis County Board hereby sets the following policy: All contracts will be subject to review and execution as to form and content by the County Attorney. HIGHWAY ENGINEER TO APPROVE CONTRACT CHANGE ORDERS RESOLUTION NO. 867 November 5, 1991 RESOLVED, that the Highway Engineer/Public Works Director is hereby authorized to approve contract change orders for public works road construction projects, and the Purchasing Agent for all other projects, as follows: 1. Change orders for a project total of $12,500 for construction projects of less than $50,000 2. Change orders for 25 percent of project cost not to exceed $50,000 total for all other construction projects RESOLVED FURTHER, that any contract change orders over this authorized amount may be approved by the Highway Engineer/Public Works Director or Purchasing Agent, as designated, if required to complete the project, but shall be reported with detailed explanation to the County Board within five working days after approval. RESOLVED FURTHER, that this resolution is subject to any authority granted by subsequent contract of the County Board. DELEGATION OF CONTRACTUAL AUTHORITY RESOLUTION NO. 182 March 23, 1993 WHEREAS, pursuant to Minnesota Statutes 373.02, the powers of the County as a body corporate and politic shall only be exercised pursuant to a resolution adopted by the 4.1 ST. LOUIS COUNTY BOARD POLICIES CONTRACTS CHAPTER 4 County Board; and WHEREAS, pursuant to its corporate powers, the County Board may delegate certain contractual powers to its employees and agents; and WHEREAS, pursuant to Minnesota Statutes 393C.331, it shall be the duty of the purchasing agent to purchase or contract for all supplies, materials, equipment, and services required by any department, board, commission, or agency of the county. NOW, THEREFORE, BE IT RESOLVED, that the St. Louis County Board of Commissioners shall delegate to the County Purchasing Agent, the County Administrator, and Department Heads the following contractual authority: 1. That County Department Heads shall have the discretion to enter into professional services agreements if the expenditure is under $5,000. Agreements between $5,000 to $10,000 require a written quote and then can be approved by the signature of the County Administrator and the Chair of the County Board. Any agreement over $10,000 requires the full approval of the County Board. Further, until such time as a County Administrator is employed, only the signature of the Chair of the Board will be required. 2. That all contracts for services involving the expenditure of funds must bear the signature of the Purchasing Agent, in addition to the department head of the contracting department, which signatures shall certify that funds are available for the proposed agreement. The Purchasing Agent shall also execute a purchase order which will serve as an encumbrance against the respective department's budget for each service contract. Each purchase order shall indicate the specific fund and item number for payment. The Auditor shall keep full and accurate accounts of funds expended pursuant to Minnesota Statutes 385.04. 3. All contracts will be reviewed by the County Attorney or his designee for approval as to form and execution. RESOLVED FURTHER, that Resolution No. 169, adopted February 21, 1989, is hereby rescinded in its entirety. PROJECT LABOR AGREEMENTS RESOLUTION NO. 255 May 4, 2004 WHEREAS, the St. Louis County Board of Commissioners is desirous of efficient and timely completion of construction projects undertaken by St. Louis County; and 4.2 ST. LOUIS COUNTY BOARD POLICIES CONTRACTS CHAPTER 4 WHEREAS, the courts have upheld the implementation of project labor agreements for public projects; and WHEREAS, project labor agreements facilitate the timely completion of projects by: making available a ready and adequate supply of skilled craft workers; providing a negotiated commitment which is a legally enforceable means of assuring labor stability and labor peace over the life of a project; avoiding work stoppage following expiration of a collective bargaining agreement between the union and an employer performing work on the project and facilitating equal employment opportunities on a project. NOW, THEREFORE, BE IT RESOLVED, that project labor agreements be utilized by the County for all future construction projects, in excess of $150,000, unless otherwise prohibited by law. RESOLVED FURTHER, that the St. Louis County Board of Commissioners hereby directs the St. Louis County Purchasing Director to utilize the Project Labor Agreement, identified as County Board File No. 58235, or a variation of the Agreement approved by the St. Louis County Attorney, for all future construction projects in excess of $150,000. RESOLVED FURTHER, that the Purchasing Director shall implement the Project Labor Agreement by requiring adherence to the Agreement in the bid specifications and all relevant bid documents. 4.3 ST. LOUIS COUNTY BOARD POLICIES DATA PRACTICES CHAPTER 5 EMPLOYEE NONDISCLOSURE POLICY RESOLUTION NO. 440 May 23, 1989 ST. LOUIS COUNTY EMPLOYEE NONDISCLOSURE POLICY In your employment with St. Louis County, your duties may require that you work with records containing private or confidential data/information or be given special access to work areas, computer files, or proprietary material. This data, access, or ownership is protected by law, policy or agreement regarding disclosure both at work and outside of the office. The following sections are intended to acquaint you with the nature of these restrictions. DATA PRIVACY AND CONFIDENTIAL RESPONSIBILITIES In the course of employment for the County, you may be working with and acquire information about other persons which is private and/or confidential data. Under Minnesota law, data which is private may only be shared or disclosed as provided by law. All inquiries about private data must be referred to your supervisor unless there is clear written authority to provide such information to any one other than employees of the County who need such information to administer programs. Minnesota Statutes, section 13.08 and 13.09 provide for employee disciplinary action and criminal penalties for unlawful disclosure or sharing of private data. Disclosing data includes using information obtained in connection with your employment in any manner different from the scope of your specific duties. You may not remove private and/or confidential data from the premises except as is necessary to administer the program with which you are working, and then only with your supervisor’s permission. PHYSICAL - ACCESS If you have possession of keys, cards, or any other security device used by St. Louis County, you are authorized to use the key, card, or other device only in the course of your employment. Any keys, cards, or other security devices issued to you are for your use only, and you may not allow anyone else to use or duplicate them. You must surrender any keys, cards, or other security devices issued to you immediately upon separation from employment in the Department which issued such security devices. A password required to access computer files is a security device. You must protect and not disclose any passwords to anyone. 5.1 ST. LOUIS COUNTY BOARD POLICIES DATA PRACTICES CHAPTER 5 You must notify your supervisor when you lose any security device (including passwords) or have reason to believe that any security device or method has been improperly used or compromised. PURCHASED SOFTWARE Some of the software acquired by the County is proprietary and is subject to a licensing agreement or other restrictions. Therefore, any County employee or contractor who has access to, or occasion to use such software, is subject to said licenses and restrictions. Such restrictions include prohibitions on: 1. Copying the software for other than use on the specific computer(s) for which it was licensed 2. Reproducing either the software or documentation and making it: a. Available to any third party, or b. Available for use on any non-County owned or operated computer 3. Altering the software in any way without authorization from supplier 4. Use of privately licensed software on County-owned computers COMPUTER CRIME Minnesota Statutes section 609.87-.89 define two types of computer crime. One is to intentionally and without authorization physically damage or alter computer hardware, computer software, stored data or a computer network. A second type of computer theft is the unauthorized access to a computer or computer network, as well as unauthorized possession of computer hardware, software, or data from a computer. Penalties, for both types of crime, range up to ten years imprisonment and/or $50,000 in fines. STATEMENT OF UNDERSTANDING I hereby acknowledge that I have read and understand the conditions stated above. I further understand that violation of the conditions may make me subject to disciplinary action by my employer as well as prosecution under the provisions of Minnesota Law. DATA PRACTICES MANAGEMENT POLICY RESOLUTION NO. 743 September 22, 1998 WHEREAS, the Minnesota Data Practices Act, Minnesota Statutes Chapter 13, governs data practices operations in county government; and WHEREAS, Minnesota Statutes, Section 13.02, Subdivision 16, requires the County to designate an individual as the Responsible Authority for management of data practices; and 5.2 ST. LOUIS COUNTY BOARD POLICIES DATA PRACTICES CHAPTER 5 WHEREAS, the St. Louis County department heads are responsible for the operation of data management within their respective departments. NOW, THEREFORE, BE IT RESOLVED, that the following policies shall be established: That the St. Louis County Administrator is designated as the Responsible Authority for management of data practices within St. Louis County. That the St. Louis County department heads may be designated as the individuals responsible for data practices procedures within their respective departments pursuant to the direction of the Responsible Authority. That the St. Louis County Attorney’s Office shall act as the legal advisor regarding data practices procedures. That County Board Resolutions No. 671, adopted September 10, 1979, and No. 406, adopted June 9, 1980, governing data practice procedures are hereby repealed. 5.3 ST. LOUIS COUNTY BOARD POLICIES DATA PRACTICES CHAPTER 5 DRUG AND ALCOHOL-FREE WORKPLACE POLICY RESOLUTION NO. 512 BOARD FILE NO. 53523 June 13, 1989 RESOLVED, that the St. Louis County Board of Commissioners hereby adopts the St. Louis County Drug and Alcohol Free Workplace Policy as of June 13, 1989, copy on file in County Board File No. 53523. ST. LOUIS COUNTY DRUG & ALCOHOL-FREE WORKPLACE POLICY INTRODUCTION - St. Louis County has a responsibility to its citizens to provide a safe, productive work environment. The County also has a responsibility to assure that its employees are providing services in a physically and psychologically fit manner. In order to achieve these objectives, St. Louis County employees must be able to work in a drug and alcohol-free working environment, and themselves be free from the effects of drugs and alcohol while at work. In recognizing that the health and wellness of employees is imperative to a productive work environment, the County intends to focus on education, prevention and assistance measures in striving to maintain a drug and alcohol-free workplace. The purpose of this policy is to set forth the County’s rules regarding drugs and alcohol use and possession in the workplace. COVERAGE OF POLICY - The St. Louis County Drug and Alcohol-Free Workplace policy is applicable to ALL St. Louis County employees, independent contractors and volunteers or any individual representing the County in any capacity. It is the responsibility of every County department to enforce all provisions of this policy. Questions regarding the policy should be referred to the St. Louis County Civil Service/Personnel Department. All coverage and intent of this policy is in accordance with the provisions of the Drug-Free Workplace Act-1988. DEFINITIONS - “Alcohol and drug use” - defined as the use of mood altering drugs including but not limited to forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana or the use of prescription drugs which impair job performance “Controlled substances” - defined as those substances of which the use, distribution or possession is controlled by regulation or statute “Impaired job performance” - defined as a situation in which an employee has impaired alertness, coordination, reactions, responses or effort; if the employee’s behavior or conduct is a safety or health threat; or if the employee’s behavior or conduct has the 6.1 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 appearance of unprofessional, irresponsible conduct detrimental to the County’s public image “Employee” - defined as any person employed by the County POLICY STATEMENTS: 1. St. Louis County prohibits the use, possession, sale or transfer of alcohol, or controlled substances, identified by State or Federal laws, during all work hours, on County owned property or whenever County work is being performed. Exception: This policy statement does not apply to Sheriff’s Department employees when the prohibited act or possession is performed in accordance with Sheriff’s Department policy, and such use or possession is necessary in connection with the investigation of illegal activities. 2. St. Louis County will provide to its citizens and employees a workplace free of the use of drugs or alcohol. No employee or contractor of the County shall report to work while impaired or influenced by alcohol, controlled substances or other mood altering drugs. The County encourages employees in safety sensitive positions to notify their supervisors if they are taking medically prescribed drugs which may impair job performance. 3. St. Louis County prohibits any employee or contractor of the County from operating, using or driving any equipment, machinery or vehicle in performance of County work while impaired or influenced by the use of alcohol or drugs. 4. St. Louis County discourages employees from consuming or using alcoholic beverages or controlled substances during lunch, dinner meals or break periods when returning to work to perform work on behalf of the County. 5. St. Louis County requires, pursuant to the Drug-Free Workplace Act-1988 that an employee must notify their supervisor of any criminal drug conviction for a violation occurring in the workplace, within five (5) days of such conviction. The County will notify the contracting/granting agency within ten (10) days of receipt of an employee conviction notice. 6. St. Louis County requires that any employee who is called to work in a call-out situation must notify his/her supervisor prior to starting work if they have consumed alcoholic beverages, ingested controlled substances or taken prescription drugs which may impair performance of duties. It will be the responsibility of the employee’s supervisor to ask pertinent questions to determine the employee’s ability to perform in a safe, fully functioning capacity. It will be the responsibility of the Supervisor to document the authorization to come to work. 7. St. Louis County requires that supervisors notify their Department Heads when there is evidence or reasonable suspicion to believe that an employee has or may have illegal drugs in his/her possession at work. It will be the responsibility of the 6.2 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 Department Head or their designee to contact the appropriate law enforcement agency to take action in these circumstances. 8. St. Louis County requires that any employee in violation of any of the provisions of this policy will be subject to disciplinary action including possible termination. Each situation involving a violation will be thoroughly investigated and action taken on a case-by-case basis. 9. St. Louis County will take an active role in educating employees of the dangers involved in drug and alcohol use and abuse. The County will continue to promote and maintain efforts of the Health promotion and Employee Assistance Program for the purpose of assisting and rehabilitating employees with drug or alcohol related problems. Employees who may have an alcohol or drug abuse problem are encouraged to seek a professional, confidential assessment from the Employee Assistance program before the problem impacts on the employee’s ability to perform the job. 10. St. Louis County Employees have a responsibility to abide by the provisions of this policy. Any supervisor who observes an individual in violation of these provisions shall document the circumstances, facts and observations made. A departmental investigation shall then be conducted to determine the facts of the situation. For safety reasons County employees have a responsibility to report any situation on the job in which they observe an employee functioning under impaired circumstances or have information indicating that an employee has violated any provision of this policy. St. Louis County may require that any employee in violation of any of the provisions of this policy participate in a referral to the County’s Employee Assistance Program. Compliance with any subsequent referrals for treatment programs will be mandatory. NON DISCRIMINATION STATEMENT - The St. Louis County Drug and Alcohol-Free Workplace Policy will be applied and enforced without discrimination. APPLICANT DRUG TESTING POLICY RESOLUTION NO. 659 BOARD FILE NO. 57053 September 2, 1997 RESOLVED, that the Board authorizes pre-employment drug testing for all new hires in accordance with the St. Louis County Applicant Drug Testing Policy, a copy of which is retained in County Board File No. 57053. The policy is effective October 1, 1997. ST. LOUIS COUNTY APPLICANT DRUG TESTING POLICY I. INTRODUCTION 6.3 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 St. Louis County has a responsibility to its citizens and employees to provide a safe, productive work environment and to assure that its employees are providing services in a physically and psychologically fit manner. In order to achieve these objectives, St. Louis County employees must be able to work in a drug-free working environment, and must themselves be free from the effects of drugs while at work. The purpose of this Policy is to set forth the County’s rules regarding applicant drug testing. This Policy is enacted pursuant to the Minnesota Drug and Alcohol Testing in the Workplace Act (MS 181.950-181.957), and the federal Omnibus Transportation Employee Testing Act of 1991 and the rules promulgated thereunder, and shall utilize the statutory definitions of terms found within the laws. Testing procedures required under federal law shall supersede state law procedures when mandated. This Policy will be applied and enforced without discrimination. II. POLICY APPLICATION The St. Louis County Applicant Drug Testing Policy is applicable to all job applicants not currently employed by St. Louis County. The Civil Service/Personnel Director shall be the administrator of this Policy and shall be the authorized representative to arrange for drug testing services; shall receive testing results; and shall provide notices, as required, to individuals. It is the authority of the Civil Service/Personnel Director to make determinations regarding the application and interpretation of the provisions of this Policy. III. PERSONS SUBJECT TO TESTING All applicants conditionally offered employment shall be subject to testing for the following drugs: marijuana, cocaine, amphetamines, opiates, phencyclidine (PCP) and any other drug tests authorized by law. No person will be tested for drugs without the person’s consent; however, refusal to be tested shall result in the consequences indicated in Section V. “Refusal to Undergo Testing and Adulterated Tests”. IV. CIRCUMSTANCES FOR REQUESTING APPLICANTS TO UNDERGO TESTING Any applicant not currently employed by St. Louis County who is selected for employment with the County will be offered employment conditioned upon the completion of a drug test having negative results. 6.4 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 V. REFUSAL TO UNDERGO TESTING AND ADULTERATED TESTS A. Right to Refuse Test All applicants have the right to refuse to undergo drug testing. If an individual refuses to undergo requested drug testing, no such test shall be given. Adulteration of a test, attempts to delay the taking of the test, or failure to take the test at the appointed time and place may be considered a refusal to test. B. Consequences of Refusal to Take Test An applicant for a position in the classified civil service who refuses to take a drug test shall be disqualified from further consideration for the conditionally offered position, and the applicant’s name shall be removed from ALL eligible lists and may be disqualified by the Civil Service/Personnel Director from applying for positions in the classified service with St. Louis County for a period of two (2) years. An applicant for a position in the unclassified service who refuses to take a drug test shall be disqualified from further consideration for the conditionally offered position. VI. TESTING PROCEDURES: APPLICANT RIGHT TO EXPLAIN TEST RESULTS AND REQUEST A RETEST A. Certified Laboratory The County shall use a certified testing laboratory, licensed pursuant to MS 181.953 and USDOT regulations, to test drug samples. Collection of samples, handling, labeling, identification, and record keeping shall be done pursuant to a uniform chain of custody procedure established by the County. The County shall use the split specimen method for drug testing. Applicants must provide at least 45 ml of urine; 30 ml for the primary specimen and 15 ml for the secondary, or split specimen. The applicant shall complete the appropriate sections of the Chain-of-Custody (COC) forms, initial and date the labels used to cover the specimen bottles, and personally observe the labeling, handling and packaging of the specimens by the medical staff person. Individuals will be allowed to provide specimens in private, unless there is the threat of adulteration to the specimen. The split specimen shall then be sent by overnight courier to the laboratory. The testing laboratory shall prepare a written report indicating the drugs or their metabolites tested for in a sample, and whether the test produced negative or positive test results. The laboratory shall send its report to the 6.5 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 Civil Service/Personnel Director within three working days following a positive confirmatory test or a negative result on the initial screening test. The laboratory shall retain properly stored test samples for at least six months after a confirmatory positive test result. B. Applicant Provided Information An applicant who is requested to take a drug test shall be given the opportunity to review this Policy and shall be provided with a copy of a form upon which the individual will acknowledge that they have seen the St. Louis County Applicant Drug Testing Policy. C. Notice of Test Results Within three working days following receipt of the Medical Review Officer’s written report of the test results from the testing laboratory, the Civil Service/Personnel Department shall inform the applicant in writing of the following: 1. A negative test result on an initial screening or a positive test result that has been verified by a confirmatory test; 2. The right to request and receive a copy of the test results report; 3. The right to request in writing, within three days after a notice of a positive test result, a second confirmatory test of the original sample at the applicant’s expense at the original testing laboratory or another licensed testing laboratory, which retest shall be arranged for by the County. The County shall inform the laboratory of the request for a retest within three days of notice; 4. The right to submit further information that indicates any over-thecounter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result to the Medical Review Officer within three working days after notice of a positive test result to explain that result; The Civil Service/Personnel Department will immediately inform the appointing authority in writing of a negative test result on an initial screening, or will inform the appointing authority of a positive test result after the applicant’s information and retest rights have been exhausted. VII. PERSONNEL ACTIONS RESULTING FROM POSITIVE TEST RESULT If an applicant’s positive test result is verified in a confirmatory test or in any confirmatory retest requested by the applicant, the following action will occur, unless the applicant has furnished a valid medical reason to the Medical Review Officer for the positive test result. 6.6 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 CLASSIFIED POSITION: The conditional offer of employment will be withdrawn, the applicant’s name will be removed from ALL eligible lists, and the applicant may be disqualified by the Civil Service/Personnel Director from applying for positions in the classified service with St. Louis County for a period of two (2) years. UNCLASSIFIED POSITION: The conditional offer of employment will be withdrawn. VIII. APPEALS PROCEDURES Any applicant for a position in the classified civil service whose name is removed from an Eligible Register may appeal to the Civil Service Commission. Under Civil Service Rule 6.4, all appeals must be made in writing within ten (10) days of receipt of notice of such removal. IX. DATA PRIVACY The purpose of collecting a body component sample of blood, breath or urine is to test that sample for the presence of drugs. The name, initials and social security number of the person providing the sample are necessary for the sample to be identified accurately but confidentially. Information about medications and other information relevant to the reliability of, or explanation for, a positive test result is requested to ensure that the test is reliable and to determine whether there is a valid medical reason for any drug in the sample. All data collected under this policy is intended for use in determining the suitability of the applicant for employment and is classified as private data. The employer will not disclose drug test reports and other information acquired in the drug testing process to another employer or to a third party individual, governmental agency or private organization without the written consent of the person tested, unless permitted or required by law, court order, or judicial proceeding. 6.7 ST. LOUIS COUNTY BOARD POLICIES EMERGENCY CONDITIONS CHAPTER 7 EMERGENCY CONDITIONS POLICY RESOLUTION NO. 907 BOARD FILE NO. 57090 December 9, 1997 RESOLUTION NO. 386 BOARD FILE NO. 58429 August 2, 2005 RESOLVED, that the Emergency Closings Policy is hereby amended to the Emergency Conditions Policy, copy of which is on file in County Board File No. 57090, effective December 9, 1997. RESOLVED FURTHER, that the Emergency Conditions Policy, copy of which is on file in County Board File No. 58429, is hereby amended effective August 2, 2005. EMERGENCY CONDITIONS POLICY EMERGENCY CONDITIONS DEFINED This Policy may be implemented for emergency conditions within St. Louis County. Procedures for responding to emergency conditions at County owned and/or operated buildings are defined in facility specific Emergency Response and Evacuation Plans. These plans include information concerning the delineation of authority during impending emergency and imminent danger situations that may require immediate evacuation or response by on-site personnel. Emergency conditions covered by this Policy shall include: 1. Severe Weather: Severe weather conditions shall be defined as those conditions which threaten the health/safety of employees at a work location or which create conditions hazardous to the safety of the public in travel. Examples of severe weather conditions include, but are not limited to, tornadoes or excessive winds; severe blizzard conditions creating visibility near zero; road impasses caused by severe icing or excessive accumulation of snow; or any other hazardous weather conditions which may cause the cancellation of public transportation. 2. Power failure or other major failure of a mechanical system such as water or heating within a County building or a building containing County employee work sites when the failure is expected to last more than three (3) hours and/or employee health or safety may be jeopardized by the inability to maintain a functioning work environment. 3. Hazardous circumstances within or near a County building or place of employment which could endanger the safety of employees. Examples of 7.1 ST. LOUIS COUNTY BOARD POLICIES EMERGENCY CONDITIONS CHAPTER 7 hazardous circumstances include but are not limited to, bomb threats, terroristic threats, fire, explosion or imminent explosion, toxic substance spills or leakage, accidental and severe damage to a building, and other similar circumstances. Separate procedures entitled the “Emergency Response and Evacuation Plan” exist for certain County owned and/or operated facilities. These plans provide greater detail regarding evacuation of a building, or such other action as may be necessary, in the event of an impending emergency or other situation presenting imminent danger. 4. Other unforeseen and sudden circumstances of an emergency nature similar to those listed above that significantly affect the health or safety of employees. RESPONSIBILITY FOR DECLARING AN EMERGENCY CONDITION Declaring an emergency condition shall be the joint responsibility of the Chair or Vice- Chair of the County Board, and the County Administrator, or their designees. Determination of the emergency condition will be made in consultation with the Commissioner(s) representing the district(s) in which the emergency condition exists, if this is practical. NOTIFICATION OF EMERGENCY CONDITION Upon determination that an emergency condition exists, the County Administrator or his/her designee shall convey notice of the condition to County employees as follows: If a determination is made to declare an emergency condition prior to the commencement of the normal business day, notification shall be made by 6:30 am or as soon thereafter as possible, to the local media for public announcements. Notification shall also be made to the department heads or supervisors impacted by the decision. During times of severe weather, it shall be incumbent upon employees to be aware of the emergency condition prior to the start of a workday by reference to local radio and television stations. With regard to other emergency conditions, department heads or supervisors shall notify the employees in their departments of the emergency condition as soon as reasonably possible. If a determination is made to declare an emergency condition after the commencement, but prior to the end, of a normal business day, notice shall be conveyed to the media and to the department heads or supervisors impacted by the decision. Department heads or supervisors shall notify the employees in their departments of the emergency condition as soon as reasonably possible. NON-EMERGENCY EMPLOYEES For the purpose of this Policy, the term Anon-emergency employees@ shall include all County employees except those employees defined herein as Aemergency employees.@ 7.2 ST. LOUIS COUNTY BOARD POLICIES EMERGENCY CONDITIONS CHAPTER 7 EMERGENCY EMPLOYEES Department heads shall determine the number of employees designated as emergency employees for their respective departments. Emergency employees must appear at designated work sites during an emergency condition. For purposes of this Policy, the term Aemergency employees@ shall include those employees working in certain job classes, as set forth in the attachment to this Policy, in the following departments: A. Sheriff B including 911 Communications, Law Enforcement, Emergency Management, and Jail B. Property Management C. Public Works D. Public Health & Human Services E. Chris Jensen Health and Rehabilitation EMPLOYMENT STATUS WHEN EMERGENCY CONDITION IS DECLARED Except in rare circumstances, as determined jointly by the Chair or Vice-Chair of the County Board, and the County Administrator, or their designees, County offices and work sites will remain open when an emergency condition has been declared. If an emergency condition is declared prior to the commencement of the normal business day, all St. Louis County offices will open. However, non-emergency employees may choose, on their own volition, to (1) report for work at their regularly scheduled time, or (2) remain at home and use accrued vacation, personal leave, or compensatory time for the day. If an emergency condition is declared after the commencement of the normal business day, all St. Louis County offices will remain open, except in rare circumstances. However, non-emergency employees may choose, on their own volition, to (1) remain at work, or (2) go home early and use accrued vacation, personal leave, or compensatory time for the remainder of the day. Emergency employees are required to appear at their designated work sites at their normally scheduled times during emergency conditions. Emergency employees must also report to work if they are called out to work during emergency conditions. Any emergency employee who fails to report for work without good cause may be subject to discipline. In the rare instance when emergency conditions require the closing of a County office or work site, emergency employees will be notified of the location of an alternative work site to which they must report. Alternative work sites shall be identified by department heads and shall be located as near to the employees' designated work site as is reasonably possible. 7.3 ST. LOUIS COUNTY BOARD POLICIES EMERGENCY CONDITIONS CHAPTER 7 EMPLOYEE COMPENSATION If a determination is made to declare an emergency condition prior to the commencement of a business day, non-emergency employees who do not report to their work sites will not be paid for their normal work hours during that day except by utilizing accrued vacation, personal leave, or accrued compensatory time. Non-emergency employees who report for work will receive their regular wages. If an emergency condition is declared during the regular work hours, all employees will be notified of that determination as soon as reasonably possible. Non-emergency employees will then have the option of (1) remaining at work or (2) leaving the work site and utilizing accrued vacation, personal leave, or compensatory time. Non-emergency employees who remain at work will receive their regular wages. If the emergency condition is such that the decision is made to close St. Louis County offices and/or other work sites during regular working hours, all non-emergency employees will be released and paid their regular wages for the entire work day. Emergency employees shall report to their normal work sites, or to a designated alternative work site, for their scheduled shifts. Any emergency employee not reporting for work as scheduled or as otherwise required shall not receive compensation for the day. However, a department head may authorize the use of vacation pay, personal leave, or accrued compensatory time by an emergency employee unable to report to work during an emergency situation, for good cause shown by the employee, on a case-by-case basis, after review by the County Administrator. Employees on sick leave status on the work day prior to the emergency condition may utilize sick leave benefits on the day of emergency condition if the employee can show that they would have been absent from work, regardless of the emergency condition, because of their continuing need for sick leave use. If, because of severe weather, any emergency or non-emergency employees choose to remain at County offices or other work site after a decision to close the offices, they shall not receive overtime compensation or compensatory time off unless their department head ordered them to remain on site specifically to work during the emergency condition. EMERGENCY PERSONNEL (revised list 2005) Sheriff B 911 Communications Emergency Communication Specialist Electronic Systems Technician 7.4 ST. LOUIS COUNTY BOARD POLICIES EMERGENCY CONDITIONS CHAPTER 7 Sheriff B Law Enforcement Deputy Sheriffs serving on patrol, in outlying areas and as Investigators Deputy Sheriff-Sergeant Deputy Sheriff B Lieutenant Supervising Deputy Sheriff Sheriff B Emergency Management Emergency Management Administrator Civil Defense Coordinator Sheriff B Jail Division Deputy Sheriff B Corrections Officer Deputy Sheriff Sergeant B Corrections Assistant Administrator B Operations Assistant Administrator B Security Jail Corrections Administrator Cook B Jail Cook Supervisor B Jail Jail Program Operations Coordinator Property Management Assistant Building Superintendent Building Maintenance Crew Leader Head Janitor Public Works Highway Engineer/Public Works Director Deputy Public Works Director Assistant County Highway Engineer Highway Division Superintendent Highway Maintenance Supervisor Road and Bridge Shop Supervisor Sign Supervisor Blacksmith Principle Engineer (Bridge Division) Bridge Supervisor Bridge Superintendent Bridge Worker Bridge Worker Senior Equipment Operator Junior Equipment Operator Senior Heavy Equipment Mechanic Storekeeper I 7.5 ST. LOUIS COUNTY BOARD POLICIES EMERGENCY CONDITIONS CHAPTER 7 Storekeeper II Principle Engineer (Traffic Division) Sign Technician Public Health & Human Services King Manor and MidTowne II Board & lodging Care Assistants Community Food Service Supervising Dietitian Food Service Helper Cook I and II Chris Jensen Health & Rehabilitation All job classes and all employees County Laundry Laundry Manager Stationary Engineer Laundry Worker I Laundry Worker II Equipment Operator 7.6 ST. LOUIS COUNTY BOARD POLICIES EMPLOYEE ASSISTANCE CHAPTER 8 VOLUNTARY PAYROLL DEDUCTION TO ASSIST CO-WORKER IN NEED OF ORGAN TRANSPLANT RESOLUTION NO. 174 March 13, 1990 RESOLVED, that St. Louis County employees are hereby authorized to designate a voluntary payroll deduction for the purpose of assisting a named St. Louis County Employee/Retiree in need of an organ transplant. EMPLOYEE TUITION REIMBURSEMENT POLICY & PROCEDURE RESOLUTION NO. 521 ** Tuition Reimbursement currently not offered** BOARD FILE NO. 55575 June 28, 1994 BE IT RESOLVED, that St. Louis County approves an Employee Tuition Reimbursement Program for 1994 and that such program be administered by Employee Development staff pursuant to a June 15, 1994, dated policy and procedure document, a copy on file in County Board File No. 55575 BE IT FURTHER RESOLVED, that the 1994 funding for the Employee Tuition Reimbursement Program not exceed $20,000 and be allocated from the Employee Development Budget ST. LOUIS COUNTY TUITION REIMBURSEMENT POLICY & PROCEDURE 1. Purpose: St. Louis County has a major interest in developing a well-trained, highly-skilled workforce. The County’s objective is to assure that county services are provided in a cost effective manner and that the county maintains a competent employee workforce. To aid in this, the county offers a tuition reimbursement program for employees. Education shall consist of all courses for credit, associate degree programs, vocational training and other certified and approved courses. The goal of the Employee Development Program shall be to improve the quality of personnel services rendered to the county and to provide further development of occupational skills and knowledge to meet current and future county needs. 2. Eligibility: Permanent full time and permanent part time employees are eligible for this program. (Employees who work less than full time will be reimbursed on a pro-rated basis in terms of hours worked in an average pay period.) The course of study must be job-related or must benefit the employee or the county in a future work assignment. Courses must be approved prior to registration. 3. Conditions: Tuition aid will apply only to courses which are judged to be in the best interest of the county, or pertain directly to the employee’s present or likely future work goals or assignments. Applications will be accepted up to six weeks prior to the beginning of the course. Attendance and other study requirements 8.1 ST. LOUIS COUNTY BOARD POLICIES EMPLOYEE ASSISTANCE CHAPTER 8 must be on the employee’s own time. Employees are encouraged to use vacation time, compensatory time, personal leave or flex time to attend courses. If department approval is not granted to an employee making application, the employee is eligible to appeal to the employee development advisory committee. Current training or training received prior to the enactment of this policy is not reimbursable under this program. Participation in the program in no way guarantees promotion, transfer or continued employment with the County. However, departments will be encouraged by administration to utilize any new skill, training or degree obtained by employees. 4. Procedure: Prior to course registration, an employee must complete an Application for Tuition Reimbursement; secure approval signature from the department head or designee; and route the application to the office of Employee Development. Upon approval of Employee Development, employees will be notified and a tuition reimbursement form will be sent to the employee. Upon successful completion of the course, an employee must submit an employee reimbursement voucher with receipts for payment of tuition, and a copy of the grade received for this course. Employees will then be reimbursed for 80% of the total cost of the course. 5. Fee and Reimbursement Policy: With prior approval by the department head or designee and final approval by the Employee Development Program, and upon receipt of successful completion of the course (minimum of “C” or “Pass” for undergraduate courses and “B” for graduate courses), 80% of tuition or course fees will be reimbursed. Books, other fees and personal expenses are not reimbursable items. Employees are eligible for a maximum of $1,000 per year. EMPLOYEE ASSISTANCE PROGRAM POLICY RESOLUTION NO. 200 March 19, 1996 RESOLVED, that the Chair of the Board, County Auditor, Civil Service Director, and County Attorney are authorized to execute a contract in the amount of $20,304.00 payable from Fund 01, Department 63 with Lutheran Social Services Lifeworks Employee Assistance Program, a copy of which is on file in Contract File No. 96-147. RESOLVED FURTHER, that the Employee Assistance Program Policy as on file in County Board File No. 56786 is hereby adopted. ST. LOUIS COUNTY EMPLOYEE ASSISTANCE PROGRAM POLICY St. Louis County and its employees’ unions recognize that a wide range of problems not directly associated with one’s job function can have an effect on an employee’s job performance. In most instances, the employee will overcome such personal problems 8.2 ST. LOUIS COUNTY BOARD POLICIES EMPLOYEE ASSISTANCE CHAPTER 8 independently. In other instances, employees may need help in resolving these problems. The County and Unions believe it is in the best interest of the employee and the employee’s family to provide a service which deals with such persistent problems. Therefore, under the auspices of St. Louis County and in agreement with the unions, the Civil Service/Personnel Department will be responsible for providing Employee Assistance Program services for County employees and immediate family members by contracting with an Employee Assistance Program provider. The County and the Unions recognize that unresolved problems affecting the employee’s job performance reduce productivity, resulting in an increase of expenses to the County and a decrease in services to the public. 1. The County and the Unions recognize that any human problem may be successfully treated provided it is identified in its early stages and referral is made to an appropriate caregiver. 2. When an employee’s job performance or attendance is unsatisfactory and the employee is unable or unwilling to correct the situation, it is an indication there may be some cause outside of the realm of his/her job responsibilities which is the basis of his/her prob | |