Budgeting

Q: What factors should cities consider when budgeting for personnel costs?

LMC: Summer is budget preparation time for many cities. With preliminary budgets due to the county by Sept. 30, many city departments spend the summer months working on pulling together budget information. Here are three factors cities may want to consider when projecting personnel costs:

Market trends. Benchmarking average wage increases in other cities can be helpful to compare your city’s pay program with the market. The Local Government Salary & Benefits Survey is a valuable tool to compare the salaries and benefits of your staff to those of other city and county organizations throughout Minnesota. For more information about the survey, visit lmc.org/salarysurvey.

Minnesota Local Government Pay Equity Act. The law requires cities to maintain a classification and compensation system that achieves and maintains internal pay equity compliance. As a city models various pay scenarios, a best-practice approach is to request access from Minnesota Management and Budget to run a mock report to ensure any proposed wage increases maintain compliance. For more information about the state’s pay equity act, visit bit.ly/MNpayequity.

Fair Labor Standards Act (FLSA) exemptions. Earlier in 2024, the U.S. Department of Labor published its final rule effective July 1, 2024, to increase the minimum annual salary threshold required for a position to be considered exempt from $35,568 to $43,888. To maintain FLSA compliance, cities should ensure all exempt positions are classified correctly, including paying at least the new minimum salary. A second increase to the salary threshold to $58,656 per year will be effective Jan. 1, 2025. For additional information, see the LMC information memo at lmc.org/flsaexemptions.

Answered by Assistant HR Director Joyce Hottinger: [email protected].

Public Meetings

Q: What should cities know about public meetings and “Zoom bombing?”

LMC: City councils often hold meetings via interactive technology (Zoom, Microsoft Teams, Webex) and strive to ensure the public can monitor the meeting remotely. Unfortunately, several Minnesota cities have had disruptive remote attendees this year.

Zoom bombing is defined as an unwanted and disruptive intrusion during a video meeting. In a typical Zoom-bombing incident, a meeting is hijacked by the insertion of material that is lewd, obscene, or racist in nature, typically resulting in the shutdown of the meeting or the removal of the disruptor.

Although cities can allow for open forums and public comment virtually, it is not required. Some tips to avoid Zoom bombing and general disruption include:

• Working with your city’s technology staff to prohibit comments made remotely.
• Using applications in webinar format rather than a virtual meeting format.
• Muting all participants during the meeting.
• Not publicly posting the meeting link and only providing it upon request to interested individuals.
• Requiring comments be submitted prior to the meeting via sign up.

Public comment at council meetings, whether in person or virtual, serves to connect city officials with their residents. When cities allow public comment, disruption can occur, but it can be minimized through preparation. City councils and mayors have authority to preserve order at meetings. If the audience becomes so disorderly that it is impossible to continue, the mayor can declare the meeting adjourned and council members can also move for adjournment.

Answered by Staff Attorney Josie Rosene: [email protected].

Employee Safety

Q: Is the city required to pay for personal protective equipment?

LMC: The Federal Occupational Safety and Health Administration (OSHA) mandates a standard for personal protective equipment (PPE). This rule requires employers to evaluate the workplace to identify existing or potential hazards that would require the use of PPE.

If it is determined that PPE is needed, the employer must select and ensure each affected employee uses the type(s) of PPE that will protect against the identified hazards. Additionally:

• This selection must be communicated to the employee.
• PPE must fit each employee properly.
• Employees must not use damaged or defective PPE.
• Comprehensive training on the PPE must be provided.
• The employer must certify in writing that the employee has received and understands the training.

Minnesota Statutes, section 182.655, subdivision 10(a) requires employers to provide and pay for all PPE needed for employees to perform their job safely. MNOSHA currently interprets this to mean that the employer must pay for the entire cost of the PPE that is adequate to protect the employee, but does not necessarily have to pay the entire cost of the most expensive piece of PPE on the market.

Answered by Loss Control Field Manager Kate Connell: [email protected].