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Oft.dty0f XV maTroN the city that works for you Report Number: Agenda Section: Report Date JuI 21, 2015 Council Meeting Date July 28, 2015 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Council Consideration of a Motion to Approve Revisions to Page 6, Section 11.4, Section 12.16, Section 17.4, Section 22.3, and Section 39 of the City of New Brighton Employee Handbook DEPARTMENT HEAD'S APPROVAL: Dean Lotter, City Manager CITY MANAGER'S APPROVAL: No comments to supplement this report Comments attached Recommendation: City staff is recommending City Council consideration of a motion approving revisions to the following sections of the Employee Handbook: Data Practice Advisory, (Page 6 of Handbook) Section 11.4 (Performance Evaluations) Section 12.16 (Wage Disclosure Protection) Section 17.4 (HSA Accounts Opt -Out Language) Section 22.3 (Media Communications on Behalf of the City) Section 39 (Employee Fitness/Membership Policy) Note that all new language is underlined and highlighted in red and old language to be removed is struck through. Explanation: The Data Practice Advisory and Performance Evaluation (Page 6 and Section 11.4 of the Employee Handbook) updates relate to an August 2014 Minnesota Supreme Court decision Schwanke vs. Minnesota Department of Administration. In the case, the Court found that because a government employee's performance evaluation contains "government data," an employee can challenge the evaluation for the "accuracy and completeness" under the Minnesota Government Data Practices Act. In order for the City of New Brighton to be compliant with the Case, the following language will be added the Page 6 of the handbook and Sectionl 1.4. Data Practices Advisory (Page 6) During the course of City employment, an employee will likely be asked to provide information that is classified by state law as either private or confidential. Private data is information that generally cannot be given to the public but can be given to the subject of the data. Confidential data is information that generally cannot be given either to the public or to the subject of the data. The requested information will be used to evaluate the employee's job performance, eligibility and abilities. The information provided by the employee may be used in performance evaluations, determinations regarding merit pay, applications for employment, and other matters that involve a review of the employee's personnel file and past performance. If the employee provides false, incomplete, or misleading information, the employee may be subject to discipline.