Cross Reference — As to the police department personnel policy, see §§200.120 — 200.170.
[CC 1975 §23.010; Ord. No. 90-2 §23.010, 2-7-1990]
Under authority of the Board of Aldermen to establish policy for the effective, efficient and ethical operation of a personnel system for the employees of the City, the rules and regulations contained under this Chapter shall perform as the governing policies for all City employees.
[CC 1975 §23.020; Ord. No. 90-2 §23.020, 2-7-1990]
The Board of Aldermen shall initiate action to develop comprehensive position classifications and pay plans for all permanent employees of the City.
[CC 1975 §23.030; Ord. No. 90-2 §23.030, 2-7-1990]
The City shall recruit applicants to positions without regard to race, creed, national origin, religion, sex or age. Appointments to all positions of employment with the City shall be made on the basis of merit. Education, experience, physical condition and acquired skills shall form the foundations of comparisons of applicant qualifications.
[CC 1975 §23.040; Ord. No. 90-2 §23.040, 2-7-1990; Ord. No. 98-20 §1, 12-22-1998; Ord. No. 06-50 §1, 12-19-2006; Ord. No. 21-05, 2-16-2021]
A. 
The probationary period shall be ninety (90) days and shall apply to all new employees. The purpose of the probationary period is to determine the employee's fitness for the position and the employee's ability to perform the work involved with the position. If the employee's performance does not meet the required standards for the position during the probationary period, the employee may be dismissed. Vacation shall be earned by the new employee during the probationary period but will not be available for use until the employee has completed a year of employment. If the new employee does not complete the probationary period, no vacation for that period shall be credited to the employee.
B. 
At the end of ninety (90) days, the new employee shall automatically receive status as a permanent employee, unless the employee is notified in writing that the employee's services are terminated or unless the employee was hired on a temporary basis.
[CC 1975 §23.060; Ord. No. 90-2 §23.060, 2-7-1990]
A. 
It is expected that employees shall report to work on time, use their available working hours to their best advantage and leave only after their regular working hours have ended.
B. 
The actions of employees of the City reflect upon both the employee and the entire City organization. Pride in the community and in the work performed is encouraged. Each employee should act in a respectful, professional and responsible manner so as to be as much above criticism as is possible given the circumstances.
C. 
The employee shall be neat in appearance and shall be responsible for keeping his/her work area as clean and neat as possible.
D. 
Coffee breaks and other rest periods in the work schedule are a privilege, not a right. Under normal circumstances and work conditions one (1) break within each four (4) hours of the work schedule will be assumed reasonable.
1. 
Working during extreme heat or cold shall not be construed as working under normal circumstances and conditions and as such, breaks will be allowed by the Department Head as necessary to insure that the health and well being of the employee is not compromised.
2. 
However, during emergencies where the taking of a break may endanger life, property, or cause significant additional expense to the City, breaks shall not be deemed appropriate except when the health and well-being of the employee is threatened.
3. 
Whenever it becomes clear that an employee or a group of employees abuses the break privilege, the Mayor may take action to restrict the number, amount of time or location of such breaks.
E. 
Equipment and supplies purchased with City funds or provided by other agencies shall be used exclusively for public purposes. Employees shall not use or permit the use of City owned or controlled property for private gain or advantage. In emergencies, City property may be used if needed for the health, safety or protection of lives or property. The Mayor shall determine what equipment is used and by whom in an emergency.
F. 
Reporting to work in a drugged or intoxicated state, consuming intoxicating beverages on the job, taking drugs which are either illegal or which would impair an employee's ability to function on the job, or concealing intoxicating beverages or drugs on City property are prohibited actions, punishable as outlined in Section 125.220 of this Chapter.
[CC 1975 §23.070; Ord. No. 90-2 §23.070, 2-7-1990]
A. 
Employees are permitted to engage in outside employment subject to the following restrictions:
1. 
Any outside employment is secondary to City employment and shall not interfere with proper performance of City employment. Outside employment shall not bring embarrassment or criticism to the Department or the City. Employees should report to work refreshed and ready for work.
2. 
No employee shall accept pay or compensation from anyone for time during which he/she is reimbursed by the City.
3. 
Employees are prohibited from working for any contractor or company that has a contract with the City during the period of construction work for the City.
4. 
No employee shall accept employment which requires the use of City equipment, facilities or materials.
5. 
Any case which is questionable in regards to this Section shall be taken upon with the Mayor for approval.
[CC 1975 §23.080; Ord. No. 90-2 §23.080, 2-7-1990; Ord. No. 05-25 §1, 6-21-2005; Ord. No. 05-49 §1, 11-1-2005]
A. 
The City's grievance procedure provides employees with a means for discussion and resolution of work-related grievances. An employee can file a grievance without concern about being treated in an adverse manner for doing so. Grievances based on discriminatory practices should be referred to the department head. All other work-related grievances should be initiated by discussion with the immediate supervisor.
B. 
In most instances, grievances must be filed in writing within ten (10) days from the date of the alleged action.
C. 
Performance appraisals are not subject to the grievance procedure, except when the employee's overall rating has been reduced below a successful rating.
D. 
A grievance based on discrimination because of race, color, sex, nationality, religion, age or disability must be initiated in writing and submitted to the department head for review.
E. 
A grievance based on sexual harassment must be initiated by the employee in accordance with Section 125.290(F) of this City Code.
F. 
A grievance not based on discrimination must be initiated by the employee by discussion with his/her immediate supervisor. Within ten (10) working days of this, the supervisor completes an investigation report and gives the employee a copy. If the employee is not satisfied with the decision, he/she may, within ten (10) working days after notification by the immediate supervisor, take the grievance to the department head.
G. 
Within ten (10) working days of receipt of the grievance the department head meets with the employee and immediate supervisor to discuss the grievance. Intermediate supervisors may attend this meeting as may a representative chosen by the employee. If the representative is an employee, the time used for this purpose by such employee shall be charged to annual leave or leave without pay, at the fellow employee's option.
H. 
Within ten (10) working days of this meeting the department head completes an investigation report and gives the employee a copy. If the employee is not satisfied with the decision handed down by the department head, he/she may, within ten (10) working days after notification by the department head, take the grievance to the City Administrator.
I. 
The City Administrator considers the facts of the case as presented in writing by the employee and management representatives. Within ten (10) days of receipt of the grievance the City Administrator must render a decision. The decision of the City Administrator, after approval of the Mayor, is final.
J. 
Whenever a grievance is lodged against the City Administrator, the employee shall first present the grievance to the City Administrator for action. Appeals of the City Administrator's decision shall be filed with the Mayor and presented to the full Board of Aldermen for final disposition.
[CC 1975 §23.090; Ord. No. 90-2 §23.090, 2-7-1990]
Pay rates and job classifications, except City Officers, shall be determined by the Mayor with the advice and consent of the Board of Aldermen.
[CC 1975 §23.100; Ord. No. 90-2 §23.100, 2-7-1990; Ord. No. 05-25 §2, 6-21-2005; Ord. No. 10-24 §1, 7-6-2010]
A. 
The workweek for City employees may vary from department to department depending on the department needs. All employees shall be paid every two (2) weeks on Fridays, except the City Administrator, City Collector, City Clerk, Mayor, City Attorney, Economic Development Director, Municipal Court Judge, Municipal Court Prosecutor and City Treasurer who shall be paid once a month at the end of the month. If the designated payday falls on a holiday, pay shall be issued the day before the designated payday.
B. 
For the purpose of this Section only, "a holiday" shall be as defined in Section 125.130.
[CC 1975 §23.110; Ord. No. 90-2 §23.110, 2-7-1990; Ord. No. 10-24 §2, 7-6-2010]
A. 
Work Hours. Work schedules may vary from department to department depending on department needs.
B. 
Overtime. Overtime shall be paid by the City in compliance with the prevailing State and Federal Labor Statutes. Overtime must be approved by the Mayor or City Administrator; without approval there shall be no additional compensation. The City shall compensate for overtime worked by allowing the accrual and use of compensatory time off at the rate of one and one-half (1½) times the employee's normal rate of pay; two (2) times for holidays. Employees in each City Department, except Police, may accrue up to forty (40) hours of overtime per year to be compensated by "comp" time off. For approved overtime worked and accrued in excess of forty (40) hours per year, the City shall make payment in cash at one and one-half (1½) times the employee's normal rate of pay. Police Department employees may accrue up to forty (40) hours/year for comp time and receive cash compensation for hours greater than forty (40) hours.
C. 
Time Off. Department Heads shall approve employee requests for time off for vacation or comp time provided that the time off will not interfere with the department's ability to function. Requests for time off by the Department Heads shall be approved by the Mayor or City Administrator.
[Ord. No. 91-20 §§1 — 5, 6-18-1991; Ord. No. 10-24 §3, 7-6-2010]
A. 
It is the intent of the City that all employees receive fair compensation for any and all work performed in excess of their regular work period. The purpose is to acquaint employees with compensatory time and to establish procedures for the computing, regulation and accumulation of compensatory time.
B. 
Computing Overtime. The computing of compensatory time shall be based on a seven (7) day work period of forty (40) hours at a rate of one and one-half (1 1/2) for all employees. Vacation time, sick time, or previously earned compensatory time cannot be used when calculating the number of hours worked in a week to earn compensatory time. Holiday time will be considered as time worked, when calculating compensatory time, however in that case compensatory time will be granted at straight (one for one) time, until forty (40) physical hours has been reached, then it will be at one and one-half (1 1/2) times.
[Ord. No. 20-11, 5-5-2020]
C. 
Accumulative Compensatory Time. No employee shall be permitted to accumulate more than (40) hours of compensatory time without the joint approval of the Department Head and Mayor or City Administrator. Accumulated compensatory time may be cashed in at any time with the submittal of an approved form to the City Clerk.
[Ord. No. 20-11, 5-5-2020]
D. 
Procedure. The Department Head, Mayor and City Administrator are responsible for authorization and approval of all time worked in excess of regular work period. An employee requesting the use of comp time shall make arrangements with the Department Head ahead of the time he/she wishes to take off. An employee who as accrued compensatory time and requests use of the time must be permitted to use the time off within a "reasonable period" after making the request if it does not "unduly disrupt" the operation of the department. The compensatory time earned by an employee constitutes a legal liability for the City. It is the responsibility of the Department Heads to be familiar with the guidelines established by the Fair Labor Standards Act concerning the use of compensatory time.
[CC 1975 §23.120; Ord. No. 90-2 §23.120, 2-7-1990]
A. 
Department Heads shall sign and submit time sheets for personnel under their supervision. The time sheets shall verify hours worked, time off with authorization, sick days, and all unexcused absences.
B. 
Falsification of time sheets, either by the employee, another employee, or the Department Head shall be cause for disciplinary action.
[CC 1975 §23.130, Ord. No. 90-2 §23.130, 2-7-1990; Ord. No. 09-04 §1, 1-20-2009]
A. 
Unless the employee is required to be on regular duty, the following days may be observed by City employees:
[Ord. No. 21-04, 2-2-2021]
New Year's Day
President's Day
Good Friday
Memorial Day
Fourth (4th) of July
Labor Day
Veterans Day
Thanksgiving
Friday after Thanksgiving
Christmas Eve Day
Christmas
Personal Holiday
B. 
When any of the holidays listed in Subsection (A) hereof fall upon a Saturday, the employees will take Friday off. If said holiday falls on Sunday, they will observe the holiday on Monday.
C. 
Employees required to work on a holiday shall be credited with two (2) times their regular pay for that day.
D. 
The exact day(s) and hours when a particular holiday are to be observed may be adjusted from year-to-year by motion duly passed by the Board of Aldermen.
[Ord. No. 14-43 §1, 11-18-2014]
[CC 1975 §23.140; Ord. No. 90-2 §23.140, 2-7-1990; Ord. No. 93-37, 12-9-1993; Ord. No. 04-08 §1, 2-3-2004; Ord. No. 05-25 §3, 6-21-2005; Ord. No. 09-04 §2, 1-20-2009]
A. 
Intent. Sick leave is a type of earning's insurance for the employee during his/her employment. Like insurance, an employee is better off if he/she does not collect on it. It is the intent of this Section that sick leave be taken only in a real emergency or in real sickness. All sick leave shall be granted by the Mayor.
B. 
Occasions. Sick leave shall be taken on account of sickness or injury (non-work related) to an employee or sickness or injury of any member of the employee's immediate family.
Sick leave may be taken to meet dental appointments, to take physical exams or other sickness prevention measures, or to attend funerals as outlined in this Section.
C. 
Dental Care. Necessary dental care shall be recognized as a proper cause for granting sick leave.
D. 
Ocular Conditions. Ocular conditions necessitating professional attention may be cause for the granting of sick leave. Routine eye exams and exams for the fitting of corrective eye wear shall only be causes for sick leave when the employee can not attend to these functions off work time because of his/her optical shop/optician's hours of business.
E. 
Serious Illness In The Immediate Family. Sick leave of not more than three (3) days may be taken in the event of a serious illness in the employee's immediate family, provided that such illness is of such a serious nature as to require the attendance of a licensed physician, and appears to the Mayor and the employee's Department Head that the employee's absence from the situation would tend to incapacitate the employee at work. If more time is required, it must be approved by the Mayor.
F. 
Death In The Family.
1. 
An excused absence of not more than three (3) days may be taken in the event of a death in the employee's immediate family.
2. 
An excused absence of not less than one-half (½) day and not more than one (1) full day may be granted to serve as a pallbearer for past or present City employees.
3. 
Excused absences for death shall not be credited to sick leave. If additional time is required, the same shall be granted at the discretion of the Mayor.
G. 
Injuries During Work. Employees who are injured on the job shall make an immediate report of all injuries to their immediate supervisor.
H. 
Sick Leave And Workers' Compensation. Leave taken while an employee is receiving Workers' Compensation benefits shall not be charged against the employee's accrued sick leave.
I. 
Entitlement. Permanent, full-time employees shall be entitled to sick leave in the event of absence due to sickness or injury or accident. During the probationary period no such leave will be granted. However, from and after February 1, 2009, all permanent full-time employees will accrue eight (8) hours of sick leave per calendar month. Provided however, a new employee hired between the months of July to December shall be entitled to a total of forty (40) hours, less sick leave actually used, upon completing employment on December thirty-first (31st) of the year of hire. All permanent full-time employees hired prior to February 1, 2009, shall retain their accrued sick leave which has been accrued at the rate of one (1) day/month. No maximum is placed on the accumulation of sick leave.
J. 
Release By Physician Required.
1. 
In all the Subsections of this Section all employees may be required by the Mayor to provide a release from their attending physician or dentist that they are fit to return to work for sick leave over five (5) consecutive days. Employees shall be required to submit such a return to work authorization if they had no accrued sick leave but were absent from the job due to sickness. Any employee unable to furnish said release shall be considered absent without authority unless approved by the Mayor.
2. 
All employees must report to their Department Heads when they are unable to report to work due to sickness. Department Heads must report the employee's absence due to sickness to the Mayor.
K. 
Sick Leave At Termination. No sick leave benefits of any kind shall be granted or used after notice of termination or submission of notice to resign unless the need for sick leave is verified by the attending physician. At separation from City service, accumulated and unused sick leave benefits will not be reimbursed to the separating employee.
[Ord. No. 18-35, 9-4-2018]
L. 
Changing Of Leave Status. An employee on vacation who becomes ill or injured, may, upon proper notice to and approval by the Mayor, have their leave status changed to sick leave.
M. 
Penalty. Claiming sick leave when physically fit, except as permitted in this Section, may be cause for disciplinary action including, but not limited to, suspension or dismissal.
[CC 1975 §23.150; Ord. No. 90-2 §23.150, 2-7-1990; Ord. No. 93-38, 12-9-1993; Ord. No. 05-25 §4, 6-21-2005; Ord. No. 09-04 §3, 1-20-2009]
A. 
Vacation leave for permanent full-time employees shall be granted as follows:
1. 
First (1st) year through the fifth (5th) year of service — two (2) weeks.
2. 
Six (6) years of service — two (2) weeks plus one (1) day.
3. 
Seven (7) years of service — two (2) weeks plus two (2) days.
4. 
Eight (8) years of service — two (2) weeks plus three (3) days.
5. 
Nine (9) years of service — two (2) weeks plus four (4) days.
6. 
Ten (10) years of service — three (3) weeks.
7. 
Eleven (11) years of service — three (3) weeks plus one (1) day.
8. 
Twelve (12) years of service — three (3) weeks plus two (2) days.
9. 
Thirteen (13) years of service — three (3) weeks plus three (3) days.
10. 
Fourteen (14) years of service — three (3) weeks plus four (4) days.
11. 
Fifteen (15) to twenty-five (25) years of service — four (4) weeks.
12. 
Twenty-five (25) and more years of service — five (5) weeks.
In order for any employee to be entitled to the above leave as indicated, the employee's service must be consecutive. Maximum accumulation of vacation leave is thirty (30) days or two hundred forty (240) hours.
B. 
If a holiday falls during an employee's vacation leave, the employee shall be granted an extra day of vacation leave.
C. 
It is the intent of this Section that vacation be given as an opportunity for an employee to refresh himself/herself through a change in environment from his/her job. In so far as is possible, leave will be taken in weekly blocks. Exceptions to this paragraph may be granted by the Mayor.
D. 
Vacation leave shall be requested by the employee sufficiently in advance to allow the Department Head to arrange work schedules. As a minimum, it is expected that leave be requested at least ten (10) days in advance. Leave will not be granted if it has not been formally requested prior to the time off.
E. 
Scheduling is the responsibility of the Department Head for employees under his/her supervision. Department Heads will take into consideration seasonal demand and manpower requirements in their respective activities. Priority in scheduling will be given based on a combination of employee seniority and the timeliness of the request.
F. 
Vacation may be denied temporarily in an emergency or in a situation where the granting of vacation leave would result in insufficient manpower by reason of other employees in the department being on sick leave or vacation leave. The Mayor may grant pay in lieu of vacation time off.
G. 
At separation from City service the City will either grant vacation leave or pay in lieu of time, at the Mayor's discretion. Employees who leave the job arbitrarily, without at least ten (10) working days' notice given to the Mayor, shall forfeit their vacation pay.
[CC 1975 §23.160; Ord. No. 90-2 §23.160, 2-7-1990; Ord. No. 10-38 §1, 10-19-2010]
A. 
The City will provide all permanent full-time employees with group plan health and life insurance coverage. "Permanent full-time employee" for the purposes of this Section shall mean any permanently employed employee who is scheduled, on a regular basis, to work at least thirty-two (32) hours per week. "Group plan health and life insurance coverage" for the purposes of this Section shall mean group hospital, medical and life insurance coverage. It shall be the option of the employees as to whether they wish to sign up for individual or family coverage.
B. 
The Board of Aldermen may, from time to time, revise the City's insurance plan.
C. 
Elected officials of the City and their immediate family may participate in any group plan health and insurance coverage provided by the City to permanent full-time employees pursuant to this Section if permitted under the group plan; provided however, any elected official of the City participating in such group plan shall be solely responsible for any added cost to the City for such participation, and the City shall not pay any added premium charged for such coverage for any elected official of the City or their immediate family.
[CC 1975 §23.170; Ord. No. 90-2 §23.170, 2-7-1990]
A. 
All employees, of every classification, are covered by Social Security.
B. 
For employees meeting the requirements set forth by the State of Missouri, the City participates in the Missouri Local Government Employee's Retirement System (LAGERS) and employees shall participate in the system.
[CC 1975 §23.180; Ord. No. 90-2 §23.180, 2-7-1990; Ord. No. 00-03 §1, 3-7-2000; Ord. No. 05-25 §5, 6-21-2005]
A. 
Military Leave With Pay. Time off with pay will be granted to employee for training duty with National Guard or military reserve units not to exceed fifteen (15) calendar days per year. Such requests for a leave of absence should be accompanied by a copy of official orders requiring such training. Additional time off with pay will be granted to members of the National Guard for emergency duty such as floods, riots, etc.
B. 
Military Leave Of Absence Without Pay. Employees entering the Armed Forces of the United States, whether through induction, enlistment or recall to active duty from the National Guard or military reserve unit, will be granted military leave of absence without pay. Only permanent full-time employees are entitled to such leave. Said leave shall be granted only after an application for leave has been submitted by the employee as evidence as to when such duty was rendered. The employee shall be required to submit a request for return to work upon completion of his/her duty as evidence that such duty was performed.
[CC 1975 §23.190, Ord. No. 90-2 §23.190, 2-7-1990]
Employees shall be granted leave with pay for service upon a jury; appearance before a court, legislative or other body as a witness in a proceeding involving the Federal Government, the State of Missouri, or the City of Carl Junction in response to a duly served subpoena or other direction by proper authority; or attendance in court in connection with his/her official duties, upon approval of the Mayor. In the case of leave for jury duty, the compensation for duty allowed by the Court, provided it is less than the employee's City wages, shall be deposited in the City's Treasury. In the case of jury duty where Court allowed compensation is greater than the employee's normal wages, the Court's allowance will suffice as compensation for the employee.
[CC 1975 §23.200; Ord. No. 90-2 §23.200, 2-7-1990]
A. 
Any employee in the service of the City, who is mentally or physically incapacitated and feels he/she cannot perform his/her assigned duties to the fullest degree, or who for any stated reason wishes to absent himself/herself from their duties, may, with the approval of the Mayor, be granted a leave of absence without pay.
B. 
Such leave will be granted only when it is deemed by the Mayor to be in the best interest of the City, and except in the case of illness or disability, shall not exceed one (1) year.
C. 
Upon the employee's return to work, the employee will be offered a position of equivalent pay, if such position is available.
[CC 1975 §23.210; Ord. No. 90-2 §23.210, 2-7-1990]
No employee shall absent himself/herself from duty without permission of his/her Department Head or the Mayor. Any employee absenting himself/herself from duty without leave or permission will be subject to disciplinary action. A second (2nd) offense of this Section may be cause for dismissal. After a total of three (3) working days' absence without notice, leave or permission, the Mayor may declare the position vacant.
[CC 1975 §23.220; Ord. No. 90-2 §23.220, 2-7-1990; Ord. No. 05-50 §1, 11-1-2005; Ord. No. 14-35 §1, 10-7-2014]
A. 
Dismissals. The City Administrator, with the approval of the Mayor, may dismiss an employee under his/her supervision and such dismissal or suspension shall automatically separate the employee from pay status. In dismissing an employee the City Administrator shall state the cause of the action in writing. A copy of the notice stating the action shall be delivered to both the employee, the Mayor and the Board of Aldermen, and a copy placed in the employee's personnel file.
B. 
Suspensions. The City Administrator, with the approval of the Mayor, may suspend an employee under his/her supervision and such suspension shall either be with or without pay at the discretion of the City Administrator with the approval of the Mayor. In suspending an employee the City Administrator shall State the cause of the suspension in writing. A copy of the notice stating the action shall be delivered to both the employee and the Mayor, and a copy placed in the employee's personnel file. Suspension of an employee shall not exceed thirty (30) working days.
C. 
Dismissal And Suspension Of Police Officers. The Police Chief, with the approval of the Mayor, may dismiss or suspend a Police Officer under his/her supervision. All dismissals or suspensions by the Police Chief shall follow the procedures as outlined in Subsections (A) and (B) of Section 125.220 of this Code.
D. 
The following items shall be cause for dismissal or suspension or lesser disciplinary action, at the City Administrator's/Police Chief's discretion, upon approval by the Mayor:
1. 
Failure to report to work when scheduled.
2. 
Refusal to work overtime when necessary to keep essential services operating.
3. 
Dereliction of duties or shirking responsibilities.
4. 
Repeated tardiness or unauthorized absences.
5. 
Accepting a bribe, in cash or other valuables.
6. 
Conviction of a felony or violent misdemeanor.
7. 
Dishonesty.
8. 
Insubordination or disobedience of a superior's instructions.
9. 
Failure to comply with orders of the Mayor, Department Head or Supervisor.
10. 
Misconduct, on- or off-duty, if it brings discredit to the City.
11. 
Sleeping, gambling, drinking intoxicating beverages, taking illicit drugs, being under the influence of alcohol or drugs, whether legal or illicit, or concealing drugs or alcohol on City property while on-duty.
12. 
Gross negligence in the performance of duties.
13. 
Making a false report or misrepresentation to a superior, the Mayor, or the Board of Aldermen.
14. 
Claiming sick leave when physically fit.
15. 
Acts of incompetence.
16. 
Misappropriation, destruction, theft, or conversion of City property.
17. 
An employee subsequent to employment becomes physically or mentally unfit for the performance of his/her duties.
18. 
Willful disregard for others.
19. 
Falsification of any information required by the City.
20. 
Failure to properly report accidents or personal injuries.
21. 
Neglect or carelessness in the execution of duties which results in damage to City property or equipment.
22. 
Repeated convictions during employment of misdemeanors and/or traffic charges.
23. 
Active participation in local municipal elections.
E. 
Notice And Hearing.
1. 
Any employee determined to be in violation of any or several of the above infractions by his/her Department Head or the City Administrator shall be notified, in writing, of such determination. Such written notice shall contain the nature of the offense and possible disciplinary action to be taken.
2. 
The employee shall then have an administrative hearing before the City Administrator at which time action on the offense may be taken.
3. 
The employee, after receiving discipline from the City Administrator, may appeal the decision, in writing, to the Board of Aldermen and be heard before a closed meeting of the Board. The written appeal and request for hearing before the Board of Aldermen shall be filed with the City Administrator, and the City Administrator shall notify the Mayor and shall schedule the matter for hearing on the agenda of the Board's next meeting.
4. 
Upon termination from City service, employees shall return all items and property in their possession and care belonging to the City.
[CC 1975 §23.230; Ord. No. 90-2 §23.230, 2-7-1990]
A. 
Employees wishing to resign shall file with their Department Head such notice, in writing, at least ten (10) working days before said notice is to be effective. Failure to comply with this regulation shall result in the forfeiture of all accrued vacation time and benefits.
B. 
A copy of the resignation shall be placed in the employee's personnel file.
[CC 1975 §23.240; Ord. No. 90-2 §23.240, 2-7-1990]
The Mayor may layoff employees whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of a change in organization. However, no permanent full-time employee shall be laid off while there are seasonal, part-time or probationary employees serving the same class of positions for which the permanent full-time employee is qualified, eligible, and available.
[CC 1975 §23.250; Ord. No. 90-2 §23.250, 2-7-1990]
All departments shall develop and adopt intra-departmental rules and regulations. The rules and regulations shall not supersede the rules and regulations set forth in this Chapter.
[CC 1975 §23.260; Ord. No. 90-2 §23.260, 2-7-1990]
Rules and regulations defining labor standards and conditions of employment generally applicable to the employees of the City, other than rates of pay and job classifications, will be adopted from time to time and thereupon notice shall be published to the employees.
[CC 1975 §23.270; Ord. No. 90-2 §23.270, 2-7-1990]
The hiring of persons who are relatives of City Officials and employees shall be prohibited unless it is determined by the Mayor that such person is eminently qualified and that such hiring would be in the City's best interest.
[1]
Editor's Note: Former Section 125.280, Political Activity, was repealed 4-18-2023 by Ord. No. 23-22. Prior history includes CC 1975 §23.280 and Ord. No. 90-2.
[Ord. No. 98-01 §§A — G, 1-6-1998; Ord. No. 05-47 §1, 11-1-2005]
A. 
The following policies and procedures apply to all officers and employees of the City of Carl Junction, Missouri, including but not limited to, full and part-time employees, elected and appointed officials, permanent and temporary employees, employees covered or exempted from personnel rules or regulations, and employees or contractors working under contract for the City.
B. 
This policy shall be distributed to all employees of the City. Every employee will be required to acknowledge his/her receipt of this policy in writing. A copy of that acknowledgement shall be kept on permanent file in the City. Department heads and supervisors shall also be responsible for insuring that all employees under their direction are familiar with this policy.
C. 
"Sexual harassment" is behavior with sexual content or overtones that is unwelcome and personally offensive. It can consist of sexually oriented "kidding" or jokes; physical contact such as patting, pinching or purposely rubbing up against another person's body; demands or requests for sexual favors tied to promises of better treatment or threats concerning employment; discriminating against an employee for refusing to "give in" to demands or requests for sexual favors; or rewarding or granting favors to one who submits to demands or requests for sexual favors. Sexual harassment includes conduct directed by men toward women, conduct directed by men toward men, conduct by women toward men, and conduct directed by women toward women.
D. 
Employees are not only encouraged to report instances of sexual harassment, they are obligated to report instances of sexual harassment. Employees are obligated to cooperate in every investigation of sexual harassment, including but not necessarily limited to, coming forward with evidence, both favorable and unfavorable, to a person accused of sexual harassment, fully and truthfully making a written report or verbally answering questions when required to do so by an investigator during the course of an investigation of sexual harassment. Disciplinary action may be taken against any employee who fails to report instances of sexual harassment, or who fails or refuses to cooperate in the investigation of a complaint of sexual harassment. No disciplinary action or negative job-related action shall be taken against any person who in good faith files a sexual harassment complaint, or who provides truthful information in a sexual harassment investigation.
E. 
It is the policy of the City of Carl Junction that sexual harassment by any employee, Board member, Mayor, member of the public, or employees of outside organizations will not be tolerated. Sexual harassment is generally considered to be a violation of the sex discrimination provisions of the Title VII of the 1964 Civil Rights Acts and subsequent amendments. Under no conditions will verbal and/or physical conduct of a sexual nature toward any employee be condoned. This includes such situations as employment, promotions, wage and salary increase, and any other circumstances that might contribute to an intimidated, hostile, or offensive work environment.
F. 
The following procedures apply to the filing of a sexual harassment complaint. Employees have a right to circumvent the employee chain of command in selecting which of the following persons to whom to make a complaint of sexual harassment:
1. 
Any employee who feels they have been subjected to sexual harassment should immediately report the incident to their supervisor. If the supervisor is in any manner a party to the sexual harassment or does not respond to the employee request, the employee may directly contact the City Administrator. In the event the City Administrator is the subject of the complaint, the employee may contact the Mayor or any member of the Board of Aldermen. Every supervisor receiving a report of sexual harassment shall immediately notify the City Administrator. In the event the report is made to an elected official, that official shall notify the Chairman or a member of the Personnel Committee (the "Committee").
2. 
The initial report shall be in writing, setting forth the name of the individual making the complaint, the person(s) subject of the complaint, the date(s) and the nature of the offending actions. The report shall be dated and signed by the employee making the complaint and the supervisor or other person receiving the complaint. One (1) copy shall be retained by the person to whom the complaint is made. No oral complaints will be accepted. If the employee is not contacted by the City Administrator, the Mayor, the City Clerk or an elected official within three (3) business days of the filing of the complaint, the employee lodging the complaint shall make direct contact, in writing, with one (1) of those officials.
3. 
Any employee who feels that any person or situation they are exposed to constitutes sexual harassment should immediately indicate to the individual(s) involved or their supervisor that the action, words, situation or other circumstances are unwelcome and the employee would like them/it to stop or be charged.
4. 
All supervisors who have received a complaint of sexual harassment shall immediately inform the City Administrator who shall conduct an investigation of the complaint and file a report with the Committee (copy to the employee filing the complaint) indicating:
a. 
The findings of the investigation;
b. 
Names of involved individuals;
c. 
Date(s) of incident(s);
d. 
Events surrounding the incident(s); and
e. 
Proposed action.
5. 
The Committee shall review the complaint and either approve the recommended action or present for implementation an alternate action.
G. 
Penalty for participating in sexual harassment:
1. 
Any employee participating in sexual harassment will be subject to strict disciplinary action which may include termination.
2. 
Outside vendors may be prohibited from trading with the City.
3. 
Disciplinary actions concerning Board members, the Mayor and members of the public will be addressed by the Mayor and Board of Aldermen.
[Ord. No. 09-48 §1, 10-20-2009]
A. 
Policy. It is the policy of the City of Carl Junction to provide safe, dependable and economical services to its citizens and to comply with the requirements of Federal and State law and regulations related to the Drug Free Work Place Act of 1998. It is also the policy of the City of Carl Junction to provide healthy, satisfying, working environments for its employees.
To meet these goals, it is the policy of the City of Carl Junction to ensure that its employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner; to create a work place environment free from the adverse affects of alcohol and controlled substances abuse or misuse; to prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol and controlled substances.
B. 
Purpose. The purpose of this policy is to assure worker fitness for duty and to protect employees and the public from the risks posed by the use of alcohol and controlled substances. It is also the purpose of this policy to comply with all Federal and State regulations governing workplace alcohol and controlled substance abuse programs mandated under the above-noted acts. These acts mandate controlled substances urinalysis and breathalyzer alcohol tests for safety-sensitive functions when there is a positive test result. The Federal law has also established standards for collection and testing of urine breath specimens, the reporting of certain drug-related offenses, protective measures for certain employees tested, for the preservation of confidentiality and for certain reporting.
The City of Carl Junction believes that its employees are its most valuable assets. Thus, a primary objective of the policy is to ensure that public safety and the welfare of our employees are endangered as a result of substance abuse.
C. 
Confidentiality. All records developed and/or acquired pursuant to this policy shall be maintained under strict confidentiality by the City of Carl Junction and the testing facility, when and as applicable.
The City of Carl Junction may use the test results to determine the appropriate response to employee controlled substance or alcohol use, to support its disciplinary actions and/or in defense of the City.
All materials shall not be released to others without the written consent of the affected employee, except under provisions provided in the Federal regulations, as needed in litigation or quasi-judicial and administrative proceedings related to positive test results and/or matters initiated by an employee.
D. 
Applicability. All employees of the City of Carl Junction are subject to this policy. All employees are subject to the following types of controlled substance and alcohol testing: pre-employment as described in this policy, post-accident as described in this policy and return to work as described in this policy.
E. 
Alcohol And Controlled Substances Prohibitions. An employee is prohibited from the operations of city owned vehicles and/or equipment and/or from engaging in any work-related functions while consuming alcohol; while consuming a controlled substance; while under the influence of a controlled substance; unless authorized pursuant to the medication provisions hereinafter set forth; while having a blood alcohol concentration of 0.02 or greater, within four (4) hours of consuming alcohol; after refusing to submit to a controlled substance and/or alcohol test; and from consuming alcohol within eight (8) hours after an accident as specified in this policy.
An employee is prohibited from the unauthorized possession of alcohol and of controlled substances at any time.
Any employee in violation of this policy is considered to have committed misconduct and is subject to disciplinary consequences such as suspension and/or termination. Positive test results for illegal controlled substances and/or positive alcohol tests while operating City equipment will result in termination.
F. 
Medication.
Notice to Supervisor: When dangerous drugs, controlled substances, narcotics or hallucinogens are prescribed for use during work hours or the side effects could be experienced during work hours, the employee shall notify the immediate supervisor. An employee taking any substance, including over-the-counter medicines, which may interfere with safe job performance, must notify the immediate supervisor.
Prescribed Medication: An employee shall not report for duty or remain on duty when using, under the influence of or possessing any controlled substance, unless the substance is a medication prescribed for that employee and the employee has been instructed by a physician or dentist that the substance does not adversely affect the employee's ability to safely, effectively or satisfactorily perform job duties.
Over-the-Counter Medication: An employee shall not report for duty, nor remain on duty, when the employee uses over-the-counter medication that interferes with the safe, effective or satisfactory performance of duty or that the employee should reasonably know has such effect.
Illegal Use of Legal Drugs: An employee shall not use or be under the influence of legal drugs that are being used illegally.
Detectable Level of Drugs: An employee shall not have a detectable level of dangerous drugs, controlled substances, narcotics or hallucinogens in urine or bloodstream, except in relation to a valid personal prescription.
G. 
Testing Circumstances.
1. 
Pre-employment testing.
a. 
Pre-employment controlled substance urinalysis testing shall be required of all applications for positions with the City of Carl Junction as a condition of employment. Testing requirements for any open position shall be specified in the vacancy notice and/or job description of the position.
b. 
Applicants are required to submit to testing and must satisfactorily pass all tests as the final condition prior to commencing employment. The failure of a controlled substance or alcohol test disqualifies an applicant from employment for a period of at least one hundred twenty (120) days.
c. 
To be considered for future employment, an applicant must pass a controlled substance urinalysis and/or alcohol test.
2. 
Post accident testing.
a. 
Post accident testing shall be required to test employees after an accident in which injury has occurred or when a traffic citation is issued after an accident. Testing shall be required where injury to a person requires treatment at a medical facility. Testing shall include controlled substance urinalysis and/or breath alcohol testing of the employee(s).
b. 
Post accident testing shall be completed whenever possible within two (2) hours of the accident occurrence, but in any case no later than before eight (8) hours after the accident for breath alcohol testing and thirty-two (32) hours for controlled substance testing. Whenever testing is delayed, appropriate documentation of the reason for the delay shall be required. To ensure testing accuracy, an employee involved in an accident shall refrain from alcohol consumption for eight (8) hours following the accident.
3. 
Return to work testing. Return to work controlled substance urinalysis and alcohol testing for all employees covered by this policy shall be required for all employees who previously tested positive on a controlled substance or alcohol test. Before returning to work, the employee must test negative on all required tests and be evaluated and released to return to work.
H. 
Alcohol. Any employee who is found to have engaged in prohibited alcohol conduct under this policy shall be immediately removed from work-related activity. Any employee who tests with a blood alcohol concentration above 0.02 shall be removed from service without pay for at lest twenty-four (24) hours. An initial screening test is conducted first. Any result that is less than 0.02 blood alcohol concentration is to be considered negative. If the blood alcohol concentration is 0.02 or greater, a second (2nd) confirmatory test must be conducted.
I. 
Controlled Substances.
1. 
Controlled substance testing is conducted by analyzing an employee's urine specimen performed at a laboratory for the following controlled substances: Marijuana (THC metabolite), Cocaine, Amphetamines, Opiates (including Heroin), Phencyclidine (PCP). The testing for controlled substances is a two (2) stage process. First, a screening test is conducted. Lack of presence of the specified controlled substances shall constitute a negative test result. If the test is positive for one (1) or more of the controlled substances, a confirmatory test is conducted for each identified controlled substance. An employee who tests positive on the confirmatory test shall be interviewed by the City of Carl Junction. The employee shall be immediately removed from work-related activities and placed on unpaid leave status and the employee shall not be permitted to resume work until the employee is evaluated and has tested negative in a follow-up test.
2. 
An employee who questions the results of a required controlled substance urinalysis test under this policy may request that an additional test be conducted. The test must be conducted on a split sample that was provided at the same time as the original sample. All costs for employee-requested testing shall be paid by the employee unless the second (2nd) test invalidates the original test. An employee's request for a re-test must be made to the City within seventy-two (72) hours of the notice to the employee of the initial test result.
J. 
Testing Refusal Or Delay.
1. 
Any employee who fails to submit to the required testing under this policy is considered to have tested positive and shall be subject to all of the consequences that follow related to positive testing.
2. 
An employee ordered to test shall report immediately to the test site upon being ordered to submit to testing. No delay of any type shall be granted or taken. Delay in reporting by the employee shall be treated as refusal to test and shall subject the employee to all of the consequences that follow related to positive testing.
3. 
Failure to provide a sufficient sample or for providing an adulterated sample shall be considered as a refusal to test and shall subject the employee to all of the consequences that follow related to positive testing.
K. 
Contractual Support Professionals.
1. 
Testing facilities. The City of Carl Junction shall secure a contract with an appropriately certified testing laboratory to conduct the controlled substance testing analysis and reporting required under this policy and under the Federal regulations in conformity with the standards established under the Federal regulations. The City of Carl Junction may contract for the required alcohol testing or may perform the testing using qualified City of Carl Junction personnel who utilize appropriate testing equipment.
2. 
Collection facilities. The City of Carl Junction shall secure a contract with an appropriate collection facility to conduct the controlled substance and alcohol testing analysis and reporting required under this policy and under the Federal regulations in conformity with the standards established under the Federal regulations.
[Ord. No. 98-12, 4-7-1998]
A. 
Violations of the personnel policy of the City of Carl Junction shall be punishable as follows:
1. 
Verbal warning. Department heads or their designees may administer a verbal warning for misconduct noting the date and fact of the warning in writing, which may remain the basis for a written warning for a period of six (6) months.
2. 
Written warning. After an employee has received a verbal warning the department head or his/her designee shall issue a written warning of misconduct and the written warning shall remain in the employee's file for one (1) year. If there are no further violations of the policy the warning shall be removed.
3. 
Suspension and final warning. If an employee violates a personnel policy while a written warning is in his/her file, he/she shall be immediately suspended for three (3) days without pay or be terminated at the discretion of the Mayor.
4. 
The foregoing notwithstanding, violations involving employee dishonesty, use of drugs or use of drugs or alcohol during working hours or other behavior, which in the sole discretion of the Mayor, is outrageous or shocks the conscience, may result in suspension or discharge without warnings.