City Code

Section 150 - Personnel Policy

150.01 Purpose. The purpose of this Section is to establish a system of municipal personnel administration for all the employees of the City.

150.02 Definitions. For the purpose of this Section, types of employment shall be defined as follows:

Employee. All employees of the City, regular, temporary, full-time and part-time, unless restricted by any specific language herein.

Full-Time. Employment where the employee is regularly engaged on a scheduled basis for a period of at least 40 hours in every seven day work cycle.

PERA. The Public Employees Retirement Association under M.S. 353 (including any subsequent amendment or replacement).

Regular Full-Time Employment. Employment on a year-round, full-time basis.

Regular Part-Time Employment. Employment on a less than full-time basis but extending year-round.

Temporary Full-Time Employment. Employment on a full-time basis but for a limited period only pursuant to a written contract with the City.

Temporary Part-Time Employment. Employment on either a full-time basis or less than a full-time basis but for a limited period or seasonal period only and for which there is no written contract with the City.

Year. Unless otherwise provided in this Section, each period starting with the date of initial employment or any annual anniversary thereof and ending the day before the then next subsequent annual anniversary of such date.

Subd. 1 Personnel Covered. Except as otherwise specifically provided, this Section applies to regular full-time employees, regular part-time employees, temporary full-time employees, and temporary/seasonal part-time employees of the City, except the following:

1. All elected officials.

2. The City attorneys.

3. Members of the City boards, commissions and committees.

4. Volunteer fire fighters and other volunteers.

5. The Manager.

Subd. 2 Provisions Inapplicable Under Certain Cases. Any employee included in a collective bargaining agreement entered into in accordance with the Public Employment Labor Relations Act (M.S. 179A.01 to 179A.30) shall be exempt from any provision of this Section which is addressed by such agreement, except, however, as specifically provided in Subsection 150.10, Subd. 1 hereof. Nothing in this Section is intended to modify or supersede or to add to or to detract from any provision of the Veterans' Preference Act, M.S. 197.455, 197.46 and 43A.11, or of any collective bargaining agreement now in force.

Subd. 3 Benefits. Benefits created or granted by this Section, including, without limitation, vacation leave, sick leave and severance pay, shall apply to and benefit only regular full-time employees and not any regular part-time employees, temporary full-time employees or temporary part-time employees, except as otherwise specifically provided herein and except as otherwise required by applicable law.

Subd. 4 Rights, Duties and Benefits. The rights, duties and benefits of each temporary full-time employee shall be as stated in, and shall be controlled by, that employee's contract with the City, and not by this Section.

Subd. 5 Provisions. The provisions of this Section shall be subject to all applicable laws, statutes, rules, sections and regulations, which shall control over any contrary or inconsistent provisions of this Section.

150.04 Powers and Duties of Manager on Personnel Matters. The Manager shall perform duties and exercise powers concerning personnel matters as follows:

Subd. 1 Changes to Council. Recommend to the Council such changes in this Section as the Manager may consider necessary or desirable.

Subd. 2 Changes in Status of Employees. Appoint, promote, transfer, reprimand, suspend, demote, and dismiss department heads and City employees based on merit and fitness. Merit and fitness may be determined by such oral, written or other examinations, investigations or means, as may from time to time be deemed appropriate by the Manager.

Subd. 3 Classification Plan. Prepare, put into effect and maintain a classification plan based on duties, responsibilities and authority of the employees within the City.

Subd. 4 Compensation Plan. Prepare and maintain a compensation plan for all positions in the classification plan.

Subd. 5 Rules and Regulations. Issue rules and regulations governing the conduct of personnel and the performance of their assigned duties.

Subd. 6 Issuance of Rules and Regulations. Issue such rules and regulations and perform or cause to be performed such other activities with reference to personnel administration as may be determined by the Manager to be appropriate.

Subd. 7 Delegation and Revocation by Manager. The Manager, from time to time, may delegate and, from time to time, may revoke such delegation of any or all of the Manager's authority granted by or derived from this Section or other applicable law or statute to such person or persons as the Manager shall designate, and references to the Manager shall mean and include any such designee.

150.05 Appointments. Every appointment to City employment shall be made by the Manager, and shall be made on the basis of merit and fitness for the position. Merit and fitness shall be ascertained by such means as are deemed appropriate by the Manager to evaluate the ability of the candidate to discharge the duties and responsibilities of the position subject to the appointment.

Subd. 1 Equal Opportunity. The City shall provide equal opportunity to all employees and applicants for employment in accordance with all applicable equal employment opportunity/affirmative action laws, statutes and regulations of federal, state and local governing bodies, including any such equal opportunity/affirmative action plans of the City.

Subd. 2 Discrimination. The City shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance.

Subd. 3 Selection Process. In the selection process for regular full-time employment in the areas of public safety, public works, park maintenance and such other areas of City employment as are deemed appropriate by the Manager, the Manager shall require the person who is offered employment, subject to passing a physical and psychological examination, to take a physical and psychological examination.

Subd.4    Criminal History Background Checks.  At the direction of the Manager, the Police Department is authorized to conduct criminal history background checks on applicants for appointment to City employment where the Manager has determined that conviction of a crime may relate to the position for which appointment is sought.  Criminal history background checks may be performed only for individuals who are deemed by the Manager to be finalists for a paid or volunteer position.  Prior to performing a criminal history background check, the Police Department shall receive from the Manager a written consent from the applicant agreeing to the background check and to the release of information discovered by the background check to the Manager and other City employees as determined by the Manager for the purpose of determining the applicant’s qualification for employment by the City.  The failure by the applicant to provide such a consent may disqualify the applicant for the position sought.

150.06 Probation Period. The probationary period is hereby determined to be an integral part of the employee selection process and shall be utilized for observing the employee's work, for securing the most effective adjustment of the employee to the position, and for rejecting any employee whose performance does not meet the required work standards. All regular full-time and regular part-time employees are subject to a probationary period but temporary full-time and temporary part-time employees shall not be subject to a probationary period.

Subd. 1 Duration. Every original and every promotional appointment is subject to a probationary period of 12 months after the appointment. The probationary period may be extended for up to six months by the Manager for reasons deemed sufficient by the Manager.

Subd. 2 Termination. The Manager or the Manager's designee may terminate an employee at any time during the probationary period of that employee. The employee so terminated shall be notified in writing of the termination and shall not be entitled to a hearing.

Subd. 3 Completion. Immediately prior to the expiration of the probationary period, the department head shall notify the Manager, in writing, whether or not the services of the employee have been satisfactory and whether or not the employee will continue. If notification states that the employee will be continued, the probationary period shall end. If the department head is the person about whom notice is being given, the Manager shall perform the duties of the department head under this Subdivision.

Subd. 4 Leave Benefits During Probation. During the first six months of each probationary period, except a promotional probationary period, an employee will not be entitled to use vacation leave. Vacation leave shall accrue from the start of the probationary employment even though not usable during the first six months of the probationary period.

During the first six months of each probationary period, except a promotional probationary period, an employee will be entitled to use sick leave. Sick leave that would accrue during the first six months of the probationary period will be placed in the sick leave bank of a probationary employee for use from the first day of employment. No further sick leave will accrue until the first day of the seventh month of employment.

Subd. 5 Rehire. Any employee who voluntarily or involuntarily leaves the employment of the City and later is rehired shall be subject to the same probationary period as a new employee. Such employees shall receive no credit for prior years of service with the City in terms of pay or seniority status in determining duty shifts, work assignments or other benefits.

Subd. 1 Amount. Employees of the City shall be compensated according to the schedule established from time to time by the Council. Any wage or salary so established shall be the total remuneration for employment, but shall not be considered as remuneration which may be allowed for official travel or other expenses incurred in the conduct of official City business. Unless approved by the Manager, no employee shall receive compensation from the City in addition to the salary authorized for the position to which the employee has been appointed.

Subd. 2 Comparable Worth Value. Subject to M.S. 179A.01 to 179A.30 but notwithstanding any other laws to the contrary, the City established on August 1, 1987, equitable compensation relationships as prescribed by M.S. 471.991 to 471.999. Therefore, compensation of each class of City employee shall be fixed in compliance with the provisions of those statutes.

Subd. 3 Regular Hourly Rate of Pay. Employees who are compensated at an hourly rate under the State or Federal Fair Labor Standards Act shall have said hourly rate computed as provided by applicable law.

Subd. 4 Temporary and Part-time Employees. Whenever an employee is hired to work on less than a full-time basis or for temporary employment, compensation shall be paid for the position hired as provided for in the part-time and temporary compensation plan then approved by the Council. Temporary and part-time employees are not entitled to sick leave or vacation leave except to the extent determined necessary or desirable by the Manager for the proper administration of the City.

Subd. 5 Overtime. Employees to whom either the State or Federal Fair Labor Standards Act apply shall be compensated for overtime at one and one-half times the regular rate of pay. To the extent permitted by law and policy then established by an employee's department head, and which policy has been approved by the Manager, an employee may accrue and use compensatory time instead of pay at overtime rates.

Subd. 6 Paydays. Employees shall be paid bi-weekly on alternate Fridays. When a payday falls on a holiday, employees shall be paid on the preceding work day.

150.08 Work Hours. Work schedules for employees shall be established by the appropriate department head with the approval of the Manager. The regular work week for employees is five, eight-hour working days in addition to one 30 minute lunch period per working day within a seven-day cycle, except as otherwise established by the department head with the approval of the Manager.

150.09 Vacation Leave With Pay.

Subd. 1 Eligibility. Regular full-time employees shall accrue vacation leave according to the following schedule. No other types of employees are eligible for or shall accrue vacation leave with pay.

Subd. 2 Amount. The following accrual schedule shall apply to eligible employees:

	1 through 5 continuous years of regular full-time employment		3.076 hours per pay period (10 days per year)
	6 through 10 continuous years of regular full-time employment		4.61 hours per pay period (15 days per year)
	11 through 15 years continuous years of regular full-time employment		An additional .307 hours per period or one additional day of vacation for each additional year of service to 15 years of service. (total at 15 years of service - 20 days per year).
	16 years or more continuous service of regular full-time employment		6.154 hours per pay period (20 days per year)

Subd. 3 Conditions Affecting Accrual of Vacation. Although leaves of absence, under Subsection 150.12 shall be included in the continuous years of service for the purpose of determining accrual rates, vacation shall not accrue during leaves of absence under said Subsection 150.12.

Subd. 4 When Taken. Vacation leave may be used as earned, subject to the approval of the department head to the time at which it is taken and subject to the provisions of Subd. 4 of Subsection 150.06.

Subd. 5 Maximum Annual Carry Forward. All regular full-time employees with five continuous years of employment or less may carry forward from one calendar year to the next all vacation leave earned during the calendar year. All regular full-time employees with more than five continuous years of employment may carry forward not more than 40 hours of vacation earned during a calendar year. Vacation leave earned but not taken which exceeds 40 hours per calendar year shall be deducted from each employee's vacation balance at the end of each calendar year. The maximum amount of vacation that may be taken during a calendar year is 25 days except that additional days may be taken in accordance with the family and medical leave policy adopted pursuant to subsection 150.13.

Subd. 6 Terminal Leave. All employees who accrue vacation and who leave employment with the City in good standing, as described in Subsection 150.16, shall be compensated for all accrued and unused vacation at the date of separation.

Subd. 7 Accrual During Leave. An employee using earned vacation leave shall accrue vacation and sick leave during such use.

Subd. 1 Eligibility. Every regular full-time employee shall be entitled to and shall accrue sick leave with pay. No other types of employees are entitled to or shall accrue sick leave with pay.

Subd. 2 Amount. All employees entitled to sick leave shall accrue sick leave at a rate of 3.69 hours per pay period.

Subd. 3 Purpose. Sick leave with pay may be granted to employees entitled thereto when the employee is unable to perform scheduled work duties due to illness/disability, the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability, exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Sick leave with pay may also be granted for a variety of other family and medical circumstances. The amount and conditions under which sick leave with pay may be used for such circumstances is provided in the family and medical leave policy adopted pursuant to Subsection 150.13 of this Code. Sick leave with pay may be granted for a maximum of five scheduled work days in the event of the death of an employee's spouse, father, mother, spouse's father or mother or child and a maximum of three days in the event of the death of an employee's grandparent, grandchild, brother or sister.

Subd. 4 Proof.

A. To be eligible for sick leave with pay, a regular full-time employee shall report their absence to their supervisor within the first thirty minutes of the start of that employee's scheduled work period.

B. To be eligible for sick leave with pay, an employee entitled thereto shall keep their supervisor informed on a daily basis of their condition or the condition of the family member that is ill and if the absence is of more than three scheduled work days duration, submit a medical certificate in form and substance acceptable to the Manager or department head. The Manager or department head shall have the right to verify any reported illness of an employee by such means as they deem necessary. The employee may also be required to submit proof, satisfactory to the Manager or department head of their physical/emotional ability to perform their duties upon their return from sick leave.

Subd. 5 Penalty. Using or claiming sick leave for a purpose not authorized by Subd. 3 shall be cause for disciplinary action under Subsection 150.20, including reprimand, suspension or dismissal.

Subd. 6 Accrual During Leave. An employee using earned sick leave shall accrue vacation and sick leave during such use.

Subd. 7 Unused Sick Leave Upon Termination. All employees who accrue sick leave and who leave employment with the City in good standing, as described in Subsection 150.16, shall be compensated for accrued and unused sick leave at the date of separation as provided in the Policy for the Payment of Unused Sick Leave adopted by the City Council on September 7, 1999, as amended by the Policy for a Health Care Savings Plan adopted by the City Council on March 18, 2003. Employees covered by a collective bargaining agreement shall not be eligible for pay under this Subdivision unless the collective bargaining agreement so provides.

Subd. 8 Applicable Provisions. The provisions of this Subsection except Subd. 1 and Subd. 2 hereof, shall be used to administer sick leave provisions of any collective bargaining agreements which include City employees.

150.11 Military Leave. Every employee to whom M.S. 192.26 or 192.261, or U.S.C.A., Title 38, Section 2021, applies, is entitled to the benefits, but subject to conditions prescribed therein as required by law.

150.12 Leave of Absence. Except as required by M.S. 181.9412 and 181.945, the Manager may grant any regular full-time employee a leave of absence without pay for a period not to exceed 90 calendar days except that the Manager may extend such leave to a maximum period of 120 calendar days in case the employee is disabled or where extraordinary circumstances, in the Manager's judgment, warrant such extension. No vacation or sick leave with pay benefits shall accrue during a leave of absence without pay. During a leave of absence, health, life insurance, and long term disability insurance premiums shall be paid by the employee with no contribution by the City.

150.13 Family and Medical Leave. The City will grant leave to eligible employees due to a variety of family and medical circumstances. The City maintains a policy concerning the eligibility for and the use of such leave in accordance with the Family and Medical Leave Act of 1993.

150.14 Jury Duty. When a regular full-time or regular part-time employee performs jury duty the employee is entitled to compensation from the City equal to the difference between the employee's regular pay and the amount received as a juror.

Subd. 1 Rest Periods. Every employee, when working under conditions where a break period is practicable, shall be granted a 15 minute break period in each half of the employee's shift. Each department head shall schedule rest periods so as not to interfere with work requirements.

Subd. 2 Holidays. The following calendar days and such other days as designated by the Council are paid holidays: New Year's Day - January 1; Martin Luther King Jr. Day - the third Monday in January; President's Day - the third Monday in February; Memorial Day - the last Monday in May; Independence Day - July 4; Labor Day - the first Monday in September; Veteran's Day - November 11; Thanksgiving Day - the fourth Thursday in November; the Friday after Thanksgiving Day; and Christmas Day - December 25. Also one-half day on Christmas Eve - December 24, and one-half day on New Year's Eve - December 31, shall be paid holidays whenever they fall on one of the days Monday through Friday. When New Year's Day, Independence Day, Veteran's Day or Christmas Day fall on Saturday, the preceding Friday is the holiday, and should these days fall on Sunday, the following Monday shall be the holiday. All regular full-time employees are entitled to time off with full pay on holidays. City Hall shall be closed for business on each such holiday, but employees may be required to work on paid holidays when the nature of their duties or other conditions require. An employee required to work on a holiday shall receive another day off within 30 days as the department head determines unless consideration is given to this factor in determining work schedules. Each holiday commences at the beginning of the first shift on the day on which the holiday occurs and continues for 24 hours. Eligible employees shall receive pay for official holidays at their normal rate of pay if they are at work or on a leave of absence with pay the last regular day or shift to which they were or would have been assigned prior to the holiday and the first regular day or shift to which they were or would have been assigned following the holiday. In addition to meeting the foregoing criteria, part-time employees, both regular and temporary, are entitled to pay on a holiday only if they would normally be scheduled to work on the day of the week designated as the holiday and they shall be paid only for the number of hours they would have worked. The Manager, in the Manager's discretion, may grant paid holidays to individuals for the celebration of certain religious holy days observed by their particular faith.

150.16 Resignation. Any employee wishing to leave municipal service in good standing shall file with the employee's department head and the Manager, at least 14 calendar days before leaving, a written resignation stating the effective date of resignation and the reason for leaving, and shall be present at work the three consecutive work days prior to the final date of employment with the City. Failure to comply with this procedure may, at the discretion of the Manager, be considered cause for denying the employee severance pay or future employment by the City. Unauthorized absence from work for a period of three consecutive days may be considered at the discretion of the department head and Manager as a resignation.

150.17 Severance Pay.

Subd. 1 Special Definitions. The following special definitions apply only to this Subsection:

Eligible Employee. An employee of the City who is eligible for severance pay under Subd. 2 of this Subsection.

Pay. The eligible employee's regular basic salary or wage (before any payroll deductions) for regular full-time employment in effect on the severance date.

PERA Rules. The requirements for payment of an annuity or benefit from PERA as of May 31, 1989 (including any changes in such requirements adopted as of that date, but effective after that date).

Regular Full-Time Employment. Employment with the City where the 0-employee is regularly engaged for a minimum of 40 hours every seven day cycle, as determined by the needs and particular customs in the employee's department.

Severance Date. The last date on which the eligible employee performs duties in full-time employment.

Subd. 2 Eligible Employees.

1. General Rule. The City shall provide severance pay only to those regular full-time employees who are no longer in their original probationary period (as contrasted with a promotional probationary period), who leave employment in good standing as described in Subsection 150.16, whose employment ends:
   
   1. Due to total and permanent disability, as determined by PERA under PERA rules,or;
   
   2. Due to the effects of a permanent elimination by the City of any functions or activities of the City.
   
2. Special Rule. Regular full time employees hired prior to January 1, 2000, who leave employment in good standing as described in Subsection 150.16 after 20 years of continuous service to the City shall be eligible for severance pay but only as provided in the Policy for the Payment of Unused Sick Leave adopted by the City Council on September 7, 1999, as amended by the Policy for a Health Care Savings Plan adopted by the City Council on March 18, 2003. Regular full time employees hired after January 1, 2000, shall not be eligible for severance payments as provided by this paragraph B.
   
3. Exclusion. Employees covered by a collective bargaining agreement shall not be eligible for severance pay under this Subsection.

Subd. 3 Amount. The eligible employee's severance pay shall be a lump sum amount equal to six weeks pay.

Subd. 4 When Paid. The City shall pay the severance pay on the payday immediately following the eligible employee's severance date. For total and permanent disability, however, the City shall pay the severance pay on the payday immediately following its receipt of appropriate notice of PERA's determination.

150.18 Grievance Policy. It is the policy of the City insofar as possible to prevent the occurrence of grievances and to deal promptly with those which occur. An employee may grieve only those subjects identified within this Section. An employee has five working days from the date of the occurrence within which to bring the grievance to the attention of the supervisor. When any employee grievance comes to the attention of a supervisory employee, the supervisor shall discuss all relevant circumstances with the employee, consider and examine the causes of the grievance, and attempt to resolve it to the extent of the supervisor's authority to do so. If the grievance remains unresolved at that level, the grievance may be appealed to the next administrative level, and so on up to and including the Manager and Council. The Council's decision concerning a grievance is final.

150.19 Lay-Off. The Manager may lay-off any employee when in the sole and exclusive judgment of the Manager it is appropriate because of the shortage of work, funding of positions, changes in the organization or for any other reason.

150.20 Discipline.

Subd. 1 General. All City employees shall be subject to disciplinary action, including dismissal, for failing to fulfill their duties and responsibilities as determined by the City. The following grounds may, as deemed appropriate by the City, be the basis for discipline, including dismissal. These are examples only:

A. Unauthorized possession or use of City property.
B. Refusal or failure to comply with an assignment or order, or to perform assigned work.
C. Unauthorized absence.
D. Tardiness after warning.
E. Possession, sale, consumption, or under the influence of non-prescription drugs, alcohol, or other controlled substances while on duty.
F. Violation of law, or of City work rules, policies or practices as deemed appropriate by the Manager.
G. Failure to perform assigned tasks at a performance level or in a manner satisfactory to the Manager.

The above are intended to serve only as examples and are not the exclusive grounds for which the City may discipline, including dismissal. The City reserves the right to determine that other actions or inaction are grounds for discipline, including dismissal.

Employees subject to discipline have the right to pursue the grievance procedure or hearing procedure as provided for herein.

Subd. 2 Disciplinary Action. As determined by the sole judgment of the City, disciplinary action may involve any of the following steps, whether or not any specific progression is followed, as determined by the City:

A. Oral reprimand.
B. Written reprimand.
C. Suspension with or without pay.
D. Demotion or transfer.
E. Dismissal.

Subd. 3 Written Notice to Employee. Before any employee is suspended, demoted, transferred, or dismissed for disciplinary reasons, the employee shall be given written notice of the reason(s) for any such proposed action. The employee shall also be given notice of a hearing to be held before the Manager. The employee may be accompanied at the hearing by a representative. At this hearing the Manager shall receive evidence offered in support of the reasons for the proposed action and evidence as may be presented by or on behalf of the employee. After the close of the hearing, the Manager shall consider the evidence presented and make a decision. Notwithstanding the following provisions regarding notice of proposed action and an opportunity for hearing before personnel action is taken, the City reserves the right in cases it considers proper, such as those involving safety, and health considerations, or other hazards affecting the interests of employees or other persons, or in other appropriate circumstances as determined by the City, to remove an employee from the performance of duties in whole or in part before any such hearing is held or decision made pending such decision.

Subd. 4 Findings of Manager. The findings and conclusions of the Manager shall be in writing, filed with the Clerk, and served on the employee. The decision of the Manager shall be implemented upon such filing and service.

Subd. 5 Right to Appeal. In cases where the Manager decides to impose personnel action affecting the employee as a result of proceedings instituted under this Section, the employee shall have the right to appeal said decision to the Council. Said appeal must be made in writing and filed with the Manager within five working days after the notification to the employee of the decision of the Manager. The appeal and hearing conducted pursuant to any such appeal before the Council shall be conducted as determined by the Council and may include the appointment of a committee of the Council to hear the appeal. Such committee shall prepare findings and conclusions for submission to the Council for its consideration and action. The action of the Council on any such appeal may affirm, overrule, or modify the action of the Manager. The findings and conclusions of the Council on an appeal shall be in writing, filed with the Clerk, and served upon the employee and the Manager. The Council's action on such appeal shall be final.

Subd. 6 Hearing for Veteran. If the disciplinary action involves the removal of a veteran, the hearing shall be held in accordance with M.S. 197.46.

150.21 Sexual Harassment. The City is committed to providing a work environment that is free of sexual harassment. In keeping with this commitment, the City maintains a policy prohibiting sexual harassment. This policy prohibits sexual harassment in any form, including verbal and physical harassment.

150.22 Drug Free Workplace. The City is committed to providing a healthy and efficient work force free from the effects of drug abuse. In keeping with this commitment, the City maintains a policy in compliance with the Federal Drug-Free Workplace Act of 1988 and applicable State law.

Subd. 1 Falsification of Records. No person shall knowingly make any false statement, certificate, mark, rating, or report in regard to any test, certificate or appointment held or made under the City personnel system or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this Section.

Subd. 2 Rendering of Consideration. No person seeking employment to or promotion in the service of the City shall directly or indirectly give, render, or pay any money, service, or valuable consideration to any person, on account of or in connection with the person's test, employment, or promotion, or proposed employment or promotion.

150.24 Officials Under Workers' Compensation Act. Pursuant to M.S. 176.011, Subd. 9, the elected officials of the City and those municipal officials appointed to a regular term of office or to complete the unexpired portion of a regular term, are hereby included in the coverage of the Minnesota Workers Compensation Act.

150.25 Political Activity. An employee may not use official authority or influence to compel a person to apply for membership in or become a member of a political organization, or to compel a person to pay or promise to pay a political contribution, or to compel a person to take part in political activity.

Any employee who shall become a candidate for a federal, state or municipal elective office, or assume a federal, state or municipal elective office, shall be expected to properly fulfill the normal employee's duties during such candidacy and while holding such office and may be disciplined for failure to do so. Also, an employee holding such office shall be permitted time off from regular employment to attend meetings required by reason of the public office. Such time off may be without pay, with pay, or made up with other hours, as agreed between the employee and the Manager.

Any employee whose principal employment in the City is in connection with an activity which is funded in whole or in part by the United States or a federal agency is also subject to the restrictions and penalties of the Federal Hatch Act. (Title 5, U.S.C.A. § 1501, et. seq,)