City of Osage Beach, MO
Camden County
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Table of Contents
Table of Contents
[R.O. 2006 §125.010; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A. 
The Board of Aldermen is authorized and directed to adopt rules and regulations for the administration of the City human resources system. The rules are designed to facilitate efficient and economical services to the public and to provide a fair and equitable system of human resources management.
B. 
It is the purpose of these rules to set forth the principles and procedures, which will guide the City in the administration of its human resources program. They are intended to establish an efficient, equitable and functional system of human resources administration based on merit principles, which govern the appointment, promotion, transfer, layoff, dismissal, discipline, and other related conditions of employment. These rules do not constitute a contract between the City and its employees.
C. 
These rules shall not be construed as limiting in any way the power and authority of any department manager to make departmental rules and regulations governing the conduct and performance of employees. Departmental rules and regulations shall not conflict with provisions of these rules. Departmental rules shall be approved by the City Administrator and shall be published and a copy furnished to each employee to whom they apply. Such rules and regulations, when approved, published, and distributed as herein provided, shall have the force and effect of rules of that department, and disciplinary action may be based upon breach of any such rules and regulations.
[R.O. 2006 §125.015; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
Board actions relative to the human resources policies and regulations shall be filed with the City Clerk and maintained in a special file for the purpose of consistency. Duplicate copies shall be filed with the City Administrator and the Human Resources Generalist.
[R.O. 2006 §125.020; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 08.01 §2, 1-3-2008; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 13.57 § 5, 9-19-2013; Ord. No. 14.42 § 1, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
The following terms, whenever used in these rules, shall be defined as follows:
ALLOCATION
The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.
APPOINTED OFFICIAL
The following positions shall be deemed appointed officials: City Administrator, City Clerk, Chief of Police, Building Official, City Planner, Public Works Director, City Treasurer, and City Attorney.
APPOINTING POWER
The officers of the City who, in their individual capacities or as a board, commission, the Mayor, or Board of Aldermen, have the final authority to make the appointment to the position to be filled.
CITY
The City of Osage Beach.
CITY ADMINISTRATOR
City Administrator as used in these rules shall be the appointed City Administrator or individual named by the City Administrator to act in his/her behalf on these matters.
CLASS
All positions sufficiently similar in duties, authority and responsibility to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion and salary.
CLASSIFICATION OF EMPLOYEES
Employees shall be classified as full-time, temporary/seasonal, part-time, PRN, contractual, appointed, or intermittent.
CLASSIFIED SERVICE
All positions of full-time status employment in the service of the City except members of boards and commissions and officers of the City.
COMMISSION
The Human Resources Commission established as provided elsewhere in these regulations.
CONFLICT OF INTEREST
A direct or indirect interest that conflicts substantially with an employee's official duties and responsibilities.
DEMOTION
The movement for disciplinary purposes of an employee from one class to another class having a lower maximum rate of pay.
DEPARTMENT MANAGER
Full-time employee designated broad areas of responsibility within the City.
DESIGNEE
Staff member designated by the City Administrator to represent him/her in human resources matters.
ELIGIBLE
A person whose name is on an employment list.
1. 
The following positions shall be deemed appointed officials: City Administrator, City Clerk, Chief of Police, Building Official, City Planner, Public Works Director, City Treasurer, and City Attorney.
2. 
Any employee who receives compensation and other benefits as provided for in individual contracts negotiated between the employee and the City.
3. 
An employee that does not qualify for overtime benefits as defined by the Fair Labor Standards Act.
4. 
An employee who regularly works at least thirty-two (32) hours per week on a year-round basis and who has successfully completed the probationary period and has been appointed as a "full-time" employee.
5. 
An employee who fills a position that requires a large degree of flexibility in the number of hours worked either on a daily, weekly, monthly, or annual basis.
6. 
An employee that does qualify for overtime benefits as defined by the Fair Labor Standards Act.
7. 
An employee who regularly works less than thirty-two (32) hours per week on a year-round basis. Part-time employees are excluded from benefits and the appeal process under these rules.
8. 
An employee who works on an as needed basis. PRN status employees are excluded from benefits and the appeal process under these rules.
9. 
Any employee serving a probationary period. They are excluded from the appeals process under these rules.
10. 
A classification of employees who may work up to forty (40) hours per week or more, but not on a year-round basis and who are excluded from benefits and the appeal process under these rules.
EMPLOYMENT
Providing or performing a service, or participation by an employee in any enterprise, public or private, which results in or anticipation of receiving wages, compensation, or other consideration of value. Employment does not include unpaid volunteer work for a charitable or civic organization, unless that work falls outside the criteria detailed in the Secondary Employment Policy.
[Ord. No. 17.55 §§ 1 — 2, 8-3-2017]
EMPLOYMENT LIST — OPEN
A list of names of persons who have applied for employment in the classified service and have qualified for consideration by demonstrating their fitness for such employment.
EMPLOYMENT LIST — PROMOTIONAL
A list of names of persons who are presently employed in the classified service and who have qualified for promotion to a higher class.
1. 
CONTINUOUS — An open competitive examination which is administered periodically and as a result of which names are placed on an employment list. Such examinations shall be conducted as the needs of the City dictate.
2. 
OPEN COMPETITIVE — An examination for a particular position, which is open to all persons meeting the qualifications of that position.
3. 
PROMOTIONAL — An examination for a particular position, admission to the examination being limited to full-time and probationary employees in the classified service who meet the qualifications of that position.
HUMAN RESOURCES DIRECTOR
The City Administrator administers the comprehensive human resources program as established by the Osage Beach Code of Ordinances.
MANAGEMENT TEAM
The following positions shall be deemed the Management Team: the appointed officials, as defined within Chapter 125, Assistant City Administrator, Human Resources Generalist, Airport Manager, IS Operations Manager, and the Parks and Recreation Manager.
MERIT INCREASE
A salary increase granted on the basis of meritorious service within the limits of a pay range established for a class.
NEPOTISM
Favoritism shown to relatives of employees or the Mayor and Board of Aldermen especially in appointment to desired positions. Relatives shall include all persons related to the fourth degree by either consanguinity or affinity.
OVERTIME
As defined in the Fair Labor Standards Act except as per Section 125.050(G).
POLICE DEPARTMENT
All law enforcement, records, "911" center, and ambulance employees.
PROBATIONARY PERIOD
A trial period during which an employee is required to demonstrate fitness for the position to which appointment may be made after review of actual performance of the duties of the position by the probationary employee.
PROMOTION
The movement of an employee from one class to another class having a higher maximum rate of pay.
PROTECTED CLASS
Those persons belonging to a class which, because of race, color, religion, sex, national origin, handicap or age, is protected by State or Federal law.
PROVISIONAL APPOINTMENT
The appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class subject to successful completion of the probationary period.
RECLASSIFICATION
The movement of an employee, for reasons other than promotion or demotion, from one class to another class having a higher or lower maximum rate of pay.
SECONDARY EMPLOYMENT
Secondary employment refers to two (2) types of employment, extra-duty employment and off-duty employment.
[Ord. No. 17.55 §§ 1 — 2, 8-3-2017]
1. 
EXTRA-DUTY EMPLOYMENT: An extra-duty assignment for Police Officers, Paramedics, or EMTs, or other approved City employees, at an assigned location within City limits for duties or services to be performed by a City employee on behalf of a third party, an outside organization, company, or individual, pursuant to an approved agreement between the City and the third party.
2. 
OFF-DUTY EMPLOYMENT: Commonly referred to as outside employment. A job, duty, or activity performed by a City employee in which wages, compensation, or other consideration of value is received from a third party, includes, but not limited to, another organization, company, or individual. This includes self-employment, contract work, and any other agreement for services made by a City employee with a third party.
SENSITIVE SAFETY FUNCTIONS
Operation of any vehicle or piece of equipment capable of causing physical injury to an employee or members of the public.
SEXUAL HARASSMENT
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that takes place when submission to the sexual advance is a condition of keeping or getting a job, or a condition of other human resources action, whether the remarks were explicit or implicit. Sexual harassment also occurs when sexual conduct unreasonably interferes with a person's work performance or creates an intimidating, hostile work environment.
SHIFT WORKER
A full-time employee whose workweek is other than Monday through Friday, 8:00 A.M. — 5:00 P.M.
SUPERVISOR
A person who has been designated as a supervisor and has the authority and responsibility for overseeing, scheduling, and performance of other employees.
SUSPENSION — WITH PAY
The temporary relief from duty of an employee during a period of inquiry into actions of the employee.
SUSPENSION — WITHOUT PAY
The temporary separation from service of an employee without pay for disciplinary purposes.
TRANSFER
The change of an employee from one position to another in the same pay range.
[R.O. 2006 §125.030; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.08 § 1, 4-3-2014; Ord. No. 14.42 §§ 2 — 3, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A. 
Non-Covered Parties.
1. 
Volunteers, elected officials, police reserves, contractual, intermittent, seasonal, temporary, and PRN employees are not covered by these rules unless specifically included.
2. 
Appointed officials are not covered by these rules except as they are covered under Sections 125.020, 125.030, 125.035, 125.050, 125.200 and 125.210 through 125.240. The Board may provide additional benefits to appointed officials upon approval.
B. 
Affirmative Action Program And Equal Opportunity Policy.
1. 
This Section covers all City employees, volunteers, and police reserve.
2. 
No City employee shall discriminate against any applicant who seeks employment with the City or any fellow City employee as regards hiring, removal, work assignment or disciplinary action.
3. 
No question on any test or on any application form shall be framed as to attempt to elicit information concerning sex, race, color, ancestry, national origin, political or religious opinions, handicaps, or affiliations of any applicant. The City Administrator may gather such information for statistical purposes prior to employment.
4. 
Selection procedures used to hire, assign, or promote employees or candidates for employment shall be regularly reviewed by the City Administrator to insure that they are truly related to the job and that the requirements for a particular job are realistic and job related.
5. 
The City Administrator shall serve as the affirmative action officer for the City and shall supervise and oversee the selection, promotion, assignment and disciplinary procedures of the City. Each department manager shall be held fully responsible for insuring that the intent of the affirmative action plan is aggressively pursued in his/her department.
6. 
A person's sex will not be used as a hiring or promotional requirement, except where a person's sex is a bona fide requirement of the job.
7. 
The City Administrator will determine the requirement for each position. All hiring in the classified service shall be done at the direction of the City Administrator.
8. 
The City Administrator will also serve as employee counselor and shall assist employees in obtaining a job or personal counseling services from available sources. All employees are encouraged to discuss their employment, assignment and promotional possibilities with the City Administrator after informing the supervisor.
9. 
All jobs not filled by other provisions of these rules and offered to the public will be published by any means approved by the City Administrator.
10. 
Persons and organizations interested in assisting persons in obtaining employment with the City will be advised of job openings if their interest is made known in writing to the City Administrator.
11. 
Present employees shall be given equal opportunity in filling jobs as provided by these regulations in Section 125.100(A).
C. 
Political Activity. In addition to any restrictions on political activities that may apply to the City employees by reason of any State Statute or Federally-aided program subject to the Federal Election Campaign and Federal Political Activities Act, the following restrictions shall govern City Officers and employees:
1. 
No person who holds any compensated appointed City position shall make, solicit or receive any contribution to the campaign funds of any candidate for municipal office or take any part in the management, affairs, or political campaign of any such candidate; but he/she may exercise any other rights of a qualified elector. No employee shall prepare, circulate, or file an initiative or referendum petition with respect to his/her own conditions of employment.
2. 
Any employee or officer who seeks nomination or becomes a candidate for public office in Osage Beach or a public office, which might conflict with the public interests of Osage Beach, shall immediately request a leave of absence during the campaign and if elected to office, shall immediately resign his/her position in the City of Osage Beach service. The provisions of this Section shall not apply to elected officials running for re-election. The Board of Aldermen shall determine whether a political office outside the City of Osage Beach conflicts with the public interests of Osage Beach.
3. 
No officer, agent, clerk, or employee under the government of the City, and no candidate for any City office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever from anyone on the lists or holding any position under the provisions of this Chapter. No officer or employee in the competitive service shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contributions, whether voluntary or involuntary, for any purpose affecting his/her working conditions from any person other than an officer or employee in the competitive service.
4. 
Nothing in this Section shall be construed to prevent employees and officers from:
a. 
Becoming or continuing to be members of any political party, club, or organization;
b. 
Attending political meetings;
c. 
Expressing their views on partisan political matters outside of working hours and off City premises;
d. 
Circulation of petitions on a public question except as hereinabove restricted; or
e. 
Voting with complete freedom in any election.
5. 
Political Activity Of First Responders. Nothing in the foregoing Subsection (C)(1) through (4) of this Section 125.030 shall prohibit any "first responder," defined as any person trained and authorized by law or rule to render emergency medical assistance or treatment, including, but not limited to, emergency first responders, police officers, ambulance attendants and attendant drivers, emergency medical technicians, mobile emergency medical technicians, emergency medical technician-paramedics, registered nurses or physicians from engaging in any political activity while off duty and not in uniform, from being a candidate for elected or appointed public office, or from holding such office unless such political activity or candidacy is otherwise prohibited by State or Federal law. In any situation where there is a conflict between this Subsection (C)(5) and Subsection (C)(1) through (4) as applied to a first responder, this Subsection (C)(5) shall control. In all other situations Subsection (C)(1) through (4) shall remain in full force and effect.
D. 
Violation Of Rules. Violation of the provisions of these rules shall be grounds for disciplinary action.
E. 
Amendment And Revision Of Rules. An interested person to the City Administrator may suggest proposed amendments and revisions of these rules. The City Administrator will refer these suggestions, with his/her comments, to the Board for action. The Board may, by ordinance, change or modify these rules. Amendments and revisions to these rules shall become effective upon adoption of an appropriate ordinance by the Board of Aldermen.
F. 
City Administrator. The human resources program established by this Chapter shall be administered by the City Administrator or his/her designee, who shall be responsible for administering the classification and compensation plan, benefit program, recruiting, testing, performance rating system, and related programs. The City Administrator or his/her designee shall be responsible for training, health and safety, wage and salary administration, benefit and service award programs, human resources relations, human resources research studies and for employee counseling. The City Administrator or his/her designee shall:
1. 
Attend all meetings of the Human Resources Commission;
2. 
Administer the provisions of this Chapter and of the human resources rules and compensation plan.
G. 
Employee Human Resources Records. The City Administrator and the Human Resources Generalist shall maintain a human resources file, to be known as the employee's human resources file, on each employee. Employees have the right to review their individual human resources folder and to have copies of any materials. They may request that any material be removed from their folders. Denial of such a request may be appealed. Employees have the right to prepare and submit a rebuttal to any material in the file. Employee's access to his/her human resources file shall be scheduled at the convenience of the employee and the Human Resources Generalist and shall be reviewed only in the presence of the Human Resources Generalist and the employee.
H. 
Access To Human Resources Records. Human resources files shall be protected from access by persons other than the following:
1. 
City Administrator;
2. 
Human Resources Generalist;
3. 
Information may be shared with the City Attorney at the discretion of the City Administrator;
4. 
Information systems employees may have access by virtue of their information systems responsibilities;
5. 
Department managers for employees of his/her department(s);
6. 
Supervisors for employees directly supervised; and
7. 
The employee.
A City employee who reveals any information contained in another employee's human resources records to any person except as provided for herein shall be subject to disciplinary action.
The following information is generally available without authorization from the employee through the Human Resources Generalist:
1.
Verification of data sufficient to insure proper identity of an employee; and
2.
Verification of current employment status.
3.
Requests for kinds of information not included above may only be considered when accompanied by a signed authorization from the employee or as provided in Subsection (I) below.
I. 
Request For Materials. Records subpoenaed or otherwise received in connection with some legal action or investigation must be submitted in itemized form. Items not specifically identified will not be provided. When an investigator seeks information, only the material specifically identified and requested shall be disclosed, and the Human Resources Generalist shall check the investigator's credentials. If there is any doubt concerning the validity of the credentials or appropriateness of the information requested, a written request for the material including verification of the credentials may be required before disclosure. All such requests shall be directed to the Human Resources Generalist. For the purposes of this Section, "investigator" shall be an individual specifically named by a court of competent jurisdiction.
J. 
Conflict Of Interest. In addition to State Statutes regulating and defining conflict of interest, no employee shall accept any gift, favor, or service that might reasonably tend to improperly influence the officer or employee in the discharge of official duties.
No employee of the human resources office, or examiner, or other person shall defeat, deceive or obstruct any person in his/her right to examination, eligibility, certification or appointment under this act, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any persons with respect to employment in the City of Osage Beach.
No employee shall have a direct or indirect financial interest that conflicts substantially with his/her official duties and responsibilities; nor accept or solicit a fee, payment or expense, gratuity or any other thing of monetary value; nor influence or coerce others in the City Government to gain a financial or other advantage for themselves or a family member or other interest; nor engage directly or indirectly in a financial transaction as a result of or primarily relying on information not available to the general public, nor accept contemporaneously with his/her City employment, any other employment for compensation that would tend to conflict with City duties or tend to reflect unfavorably upon the appearances and purposes of the City of Osage Beach.
K. 
Nepotism. In addition to any restrictions or prohibitions placed upon the employment of relatives by the Missouri Constitution, the following guidelines are set in place:
1. 
Persons related to an elected official of the City shall not be employed by the City during the tenure of said elected official unless the employment precedes the election.
2. 
Persons related to an appointed official or any member of the management team, as defined within Chapter 125, shall not be employed by the City in any department during the tenure of said appointed official or management team member. This Section shall not apply to persons employed by the City in their positions as of August 15, 2014.
3. 
Persons related to each other shall not be employed by the City in the same department. This shall apply to all City employees. For purposes of this Section, employees working within the departments of Law Enforcement, 911 Center, and Ambulance shall be considered as working within one (1) department and employees working within the Public Works Department, all employees under the direction of the Public Works Director, shall be considered as working within one (1) department.
4. 
For purposes of determining the applicability of this Section to candidates for employment by the City, the term "related" shall be defined to include any relationship by blood or marriage within the fourth degree.
5. 
Every employee shall promptly disclose to the City Administrator any relationship covered under this Section. The failure of any employee to make this disclosure in a prompt and timely manner shall be a violation of Sections 125.150(B)(1) and (16) of this Code and will be subject to discipline under this Code.
6. 
In the event that the City Administrator considers a waiver of any of these rules under Section 125.030(K) concerning nepotism to be in the best interest of the City, the City Administrator shall refer the matter to the Board of Aldermen for its consideration in a closed session of the Board after proper notice pursuant to Section 610.021.3, RSMo.
L. 
Gender. When any subject matter, party or person is described or referred to by words imparting the masculine or feminine, the other sex shall be deemed included.
M. 
Secondary Employment. In order to ensure the integrity of public service, to reduce conflicts of interest, reduce risks to the City and public health and safety, and to ensure proper and efficient use of public resources, the City finds it necessary to govern all secondary employment. Denial of secondary employment may be appealed under Section 125.170. Refer to Secondary Employment Policy dated 08/03/2017.
[Ord. No. 17.55 §§ 1 — 2, 8-3-2017]
[Ord. No. 14.42 §4, 9-4-2014]
A. 
In the event that any City employee is charged with any crime, felony or misdemeanor under State or Federal law the following procedure shall apply:
1. 
The employee shall immediately report to his or her supervisor the charge, date, court, and any involvement with City personnel or property and the terms of the bond or other release as those terms affect the employee's duties with the City or interaction with City personnel.
2. 
Every six (6) months the employee shall report the status of the case and the anticipated date of resolution of the matter.
3. 
If the crime involves City property, other persons who are employees of the City, a City contractor or their employees or in any other way impacts on the business of the City, the supervisor and employee shall report the matter to the City Administrator.
4. 
For matters reported under Subsection (A)(3) above, the City Administrator shall take all necessary action to safeguard the City's interest, property and personnel.
5. 
If in the opinion of the City Administrator the crime charged or a conviction reflects on the performance of the employee's job duties, or the City as a whole, the City Administrator may alter the employees' work duties, suspend, and/or terminate. In no event shall any altered work duties and/or suspension be in excess of six (6) months. In the event that the City Administrator considers that an employee's suspension should be extended longer than six (6) months, the City Administrator shall refer the matter to the Board of Aldermen for its consideration in a closed session of the Board held after proper notice pursuant to Section 610.021.3, RSMo.
6. 
This Section shall apply to all State and Federal felony and misdemeanor charges, charges under the general ordinances of any city and to those traffic charges, including City ordinance violations, which involve alcohol and the operation of a motor vehicle, driving on a suspended or revoked license, or leaving the scene of an accident.
7. 
The failure of any employee to properly report a charge covered by this Section or to abide by any of the provisions of this Section shall subject the employee to discipline in the discretion of the City Administrator, including termination.
[R.O. 2006 §125.040; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A. 
Appointment Human Resources Commission. The Commission will consist of the following members:
1. 
Chairperson shall be the City Administrator or in the absence of the City Administrator, the Assistant City Administrator who shall vote only in case of a tie.
2. 
Three (3) department managers who shall serve rotating four (4) year terms appointed by the City Administrator.
3. 
Three (3) employees who will be elected by the non-supervisory employees and/or non-management employees and which will consist of one (1) employee from the Police Department, one (1) employee from Administration and one (1) employee from the Public Works and Airports Departments to serve for four (4) years. No person shall serve successive terms.
4. 
The City Clerk shall be the Secretary.
B. 
Duties Of The Commission.
1. 
The Commission shall recommend rules governing the conduct of their business and submit them to the Board for approval. Any future rules, regulations, or amendments shall be submitted to the Board for approval.
2. 
The Commission shall hear all appeals as specified in Section 125.180.
C. 
Meetings. The Commission may hold special meetings upon the call of the Chairman. A majority of the members shall constitute a quorum for the transaction of business. Meetings shall be conducted informally in accordance with such rules as may be adopted by the Board. All members of the Commission shall be notified at least twenty-four (24) hours before the special meeting.
[R.O. 2006 §125.050; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 05.54 §§1 — 2, 12-1-2005; Ord. No. 07.65 §§1 — 2, 12-6-2007; Ord. No. 08.35 §1, 12-22-2008; Ord. No. 09.55 §1, 12-22-2009; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 13.03 §1, 2-11-2013]
It is the policy of the City of Osage Beach that a Classification and Compensation System be established and maintained to provide a means to assist in recruiting, retaining, and rewarding qualified employees. The Classification and Compensation System shall seek to establish wage and salary ranges that are competitive with the labor market.
The objectives of the system are as follows:
1.
To maintain pay structures that are competitive with labor markets from which employees are recruited and is reflective of the values and goals of the City.
2.
To ensure the most effective and efficient use of the City's financial resources.
3.
To provide a rational basis for making pay decisions eliminating arbitrary salary assignments, thereby establishing and ensuring internal fairness and equity.
A. 
Preparation Of Plan. The City Administrator or the person or firm employed for that purpose shall ascertain and record the duties and responsibilities for all positions in the classified service and shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the classified service defined by class specifications, including job titles. The classification shall be developed and maintained to insure that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class. Job descriptions shall reflect normal duties but shall not preclude the assignment of additional duties as best meets the needs of the City.
B. 
Maintenance Of The Classification And Compensation Plan. The Human Resources Generalist and City Administrator are responsible for implementation and maintenance of the Classification and Compensation System. These responsibilities include assessment of proposed new positions, reassessment of existing positions, preparation and maintenance of job descriptions and assignment of position titles and pay levels, and maintenance of the overall City pay structure.
C. 
Assessment Of New Positions.
1. 
Following approval to create a new position, the supervisor completes the job analysis questionnaire (JAQ) describing the duties to be assigned to the position.
2. 
The department manager submits the JAQ to the Human Resources Generalist and City Administrator for assessment.
3. 
The Human Resources Generalist conducts an assessment of the duties and responsibilities of the position and, in consultation with the City Administrator, assigns a position title and pay level.
4. 
The department manager is notified in writing of the position title and pay level.
D. 
Reassessment Of An Existing Position.
1. 
Except in unusual circumstances, requests for reassessment may be made annually in concert with budget preparation. Each year the Human Resources Generalist will notify departments of the period within which any position reassessments must be considered. A review of a position's classification is warranted when there has been a material, significant, and permanent change in job duties. The supervisor or department manager is responsible for recognizing such job changes. Additionally, an employee who believes his or her job is not properly classified may request a reassessment.
2. 
When the supervisor and department manager concludes that a material, significant, and permanent change in job duties has occurred, the JAQ should be completed and sent through administrative channels to the Human Resources Generalist.
3. 
Upon receipt of a JAQ, an assessment of the duties and responsibilities of the position will be made. This process usually includes an interview with the employee and supervisor. Following a complete evaluation, the Human Resources Generalist in consultation with the City Administrator will determine if the job should remain as presently classified or if a new classification is appropriate. The department manager is notified in writing of the reassessment results.
E. 
Periodic Position Review And Maintenance Of Job Descriptions. In order to ensure that jobs remain in the appropriate classification and job descriptions are relevant, the Human Resources Generalist is responsible for establishing procedures so that all positions are reviewed every eight (8) years.
F. 
Annual Review Of Pay Structure. It is the policy of the City to pay at a level that is competitive with market rates for City positions. Through annual review of the Pay Plan, the City Administrator will recommend necessary modifications and the Board of Aldermen may consider the need for any changes between the City's level of pay and market pay level for jobs. Modification of the Pay Plan will be based on changes in the market and the City's available resources.
The Human Resources Generalist will annually compare pay ranges established in the Pay Plan with market pay for similar jobs.
G. 
Individual Employee Pay Adjustments. Individual pay adjustments may be made in any of the following ways:
1. 
Merit and lump sum increases. Refer to Merit Increase Policy dated 01/01/17.
[Ord. No. 16.86 §1, 12-1-2016]
2. 
Overtime/comp. time/flex time. Refer to policy dated 01/01/17.
[Ord. No. 16.86 §1, 12-1-2016]
3. 
Tuition reimbursement. Refer to policy dated 05/01/05.
4. 
Education incentive. Refer to policy dated 01/01/09.
5. 
Travel and expense. Refer to policy dated 08/03/17.
[Ord. No. 17.55 §§ 1 — 2, 8-3-2017]
6. 
Uniform/dress. Refer to policy dated 8/21/14.
[Ord. No. 14.42 §5, 9-4-2014]
7. 
City-wide merit adjustment. The Board of Aldermen may authorize a City-wide merit adjustment. The Board may authorize a percentile range for the adjustments.
8. 
Call out pay.
a. 
Employees will be paid a minimum of three (3) hours when called to work during off-duty hours for emergency or imperative work that cannot be addressed during business hours or as determined by the department manager.
b. 
An employee called out within three (3) hours or less from the start of his/her regular scheduled shift shall be paid for actual hours worked at his/her regular wage rate and mileage reimbursement does not apply.
c. 
Round trip mileage, calculated from the employee's residence to the City (appropriate departmental location) and back to the residence, shall be paid upon departmental authorization on call outs, excluding exception listed above in item (b).
9. 
Pager pay.
a. 
Employees with pre-determined positions requiring a pager for a determined time period for the purpose of on-call status (may be a cell phone or other electronic device used for contact on a continuous on-call period) shall receive eight (8) hours of his/her regular wage per week (week = a seven (7) day period and for time periods other than a week, paid hours shall be pro-rated) to compensate for this on-call status.
b. 
Employees are required to be able to report to work upon call-in within a reasonable time period based on the equivalent travel time from his/her specific residence.
c. 
The same "fit for duty" expectations apply as if the employee is reporting for work during his/her regular scheduled hours of work.
d. 
Employees shall forfeit his/her scheduled pager pay if employee is unable to perform the duties required for any reason and/or is unable to report to work within the reasonable time frame stated above.
e. 
Unless otherwise stated in this policy, City Code Section 125.150 "Discipline" shall be followed when imposing discipline for violation of this policy.
[R.O. 2006 §125.060; Ord. No. 06.11 §§1 — 6, 3-16-2006; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A. 
Upon request, an applicant, employee or volunteer seeking employment in Osage Beach, Missouri, or a criminal background check shall submit one (1) set of his/her fingerprints taken by the Osage Beach Police Department.
B. 
Upon receipt of the fingerprints and the appropriate fees, the City of Osage Beach will transmit the fingerprints and appropriate fees (unless a satisfactory billing arrangement has been entered into between the municipality and the Missouri State Highway Patrol) to the Missouri State Highway Patrol. The Missouri State Highway Patrol will compare the subject's fingerprints against its criminal file and, if no disqualifying conduct is found therein, the fingerprints will be submitted to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Federal Bureau of Investigation check will be returned to the Missouri State Highway Patrol, which will disseminate the State and national results to the City of Osage Beach.
C. 
If an employer or organization is a private entity, the City of Osage Beach shall render a fitness determination based upon the results of the criminal background check and communicate its fitness determination to such private employer or organization. If an employer or organization is a public entity, the City of Osage Beach shall:
1. 
Render a fitness determination based upon the results of the criminal background check and communicate its fitness determination to such public entity, or
2. 
Disseminate the results of the criminal background check to the public entity for a fitness determination.
D. 
In rendering a fitness determination, the City of Osage Beach will decide whether the record subject has been convicted of or is under pending indictment for:
1. 
A crime that bears upon his/her ability or fitness to serve in that capacity;
2. 
Any felony, ordinance violation or a misdemeanor which involved force or threat of force, controlled substances or was a sex-related offense; or
3. 
Enumerated disqualifies.
E. 
A record subject may request and receive a copy of his/her criminal history record information from the City of Osage Beach. Should the record subject seek to amend or correct his/her record, he/she must contact the Missouri State Highway Patrol for a State record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file.
F. 
The City Clerk is directed to send a copy of this Section to the following:
Missouri State Highway Patrol
1510 East Elm Street
P.O. Box 9500
Jefferson City, Mo 65102-9500
Attn: Access Integrity Unit
[R.O. 2006 §125.070; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A. 
Announcement. All examinations for City employment not filled by the special conditions of Section 125.100 below will be published by any means approved by the City Administrator. Job announcements must also be sent to any interested individuals or groups active in assisting persons in obtaining City employment. The Human Resources Generalist must also take whatever steps may be necessary to insure public awareness of City employment opportunities. He/she may advertise outside the community when appropriate.
B. 
Application Forms. Applications shall be made as prescribed on the job announcements. Application forms shall require information covering training, experience, and other pertinent information, and may include certificates of one (1) or more examining physicians, references and fingerprinting. All applications must be signed by the person submitting the application, electronic signatures shall be considered signed for the purpose of submitting an electronic application.
C. 
Disqualification. The City Administrator shall reject any application that indicates that the applicant does not possess the minimum qualifications required for the position. Applications may be rejected if the applicant is unfit for the performance of the duties of the position to which he/she seeks appointment, has made any false statement of any material fact, or has practiced any deception or fraud in his/her application.
[R.O. 2006 §125.080; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A. 
Nature And Types Of Examinations. The selection techniques used in the examination process shall be impartial and shall be job related. Examinations shall consist of selection techniques that will fairly test the qualifications of candidates. Such tests may be, but are not necessarily limited to, applications, achievement and aptitude tests, other written tests, evaluation of daily work performance, work records, medical tests, oral examinations, or any combination of these or other accepted tests.
B. 
Promotional Examinations. Promotional examinations may be conducted whenever, in the opinion of the City Administrator, the needs of the service require such examination. Promotional examinations may include any selection technique mentioned in Subsection (A) above, or any combination of techniques. Only full-time or probationary employees who meet the requirements set forth in the promotional examination announcements will normally compete in promotional examinations. The City Administrator may, however, open promotions to later entry when deemed necessary.
C. 
Notification Of Examination Results. Each candidate in a promotional examination shall be given written notice of the results thereof.
D. 
Review Of Examination Papers. Any candidate shall have the right to inspect his/her own examination papers within ten (10) calendar days after the notice of examination results are mailed or posted. Any error in computation, if called to the attention of the City Administrator within this period, shall be corrected. Such correction shall not, however, invalidate appointments previously made.
[R.O. 2006 §125.090; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A. 
Employment Lists. As soon as possible after the completion of an examination for which employment lists are maintained, the Human Resources Generalist shall prepare and keep available an employment list consisting of the names of candidates who qualified in the examination.
B. 
Duration Of Lists. Employment lists shall remain in effect for a period prescribed by the City Administrator, unless sooner exhausted, and may be extended prior to their expiration dates by the City Administrator. In no event shall an employment list remain in effect for more than one (1) year.
C. 
Re-employment Lists. The names of full-time employees who have been laid off shall be placed on appropriate re-employment lists in the order of total continuous cumulative time served in probationary and full-time status. Such names shall remain thereon for a period of one (1) year unless such persons are re-employed. Employees who have been laid off shall assume the responsibility for advising the Human Resources Generalist of a current address and telephone number where they may be reached in the event that appropriate jobs become open. In the event reasonable attempts by the Human Resources Generalist to contact an employee who has been laid off fail, that employee shall be removed from the re-employment list until such time as he/she contacts the Human Resources Generalist and advises him/her of an address and telephone number where he/she may be reached.
D. 
Removal Of Names From List. The name of any person appearing on an employment, re-employment or promotional list shall be removed by the City Administrator if the eligible person requests in writing that his/her name be removed; if he/she fails to respond to a notice sent by certified mail to his/her last known address; or for any of the reasons specified in Section 125.070(C) of these rules. The names of persons on promotional employment lists who resign from service shall automatically be dropped from such lists.
[R.O. 2006 §125.100; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A. 
Appointment. Full-time positions deemed vacant by the City Administrator shall be opened to all City employees for a five-day period. Such jobs shall be communicated to all employees. Applicants shall meet the minimum qualifications specified in the relevant job description and shall be selected by merit and qualifications. Vacant department manager positions may not be posted, although the City Administrator will review the qualifications of current City employees to assure that equal opportunity is afforded them in filling the vacancy. Any of the selection techniques outlined in Section 125.080(A) above of these rules may be used if more than one (1) qualified applicant applies for a position posted under this rule. The employee selected will be required to serve a minimum six-month training period/probationary period.
B. 
Training Positions. The City Administrator may place an individual in any vacant job as an on-the-job training position. Upon placement, the City Administrator may set the length of the training period. Upon successful completion of the training period, the trainee may be appointed if a full-time position is available. An employee not successful in meeting the job criteria at the end of the training period shall be returned to his/her previous position or a comparable position as best meets the needs of the City. Persons not previously City employees placed in training positions may be terminated at any time.
C. 
Temporary Employees. The City Administrator may authorize temporary hiring as best meets the needs of the City.
D. 
Other Appointments. Positions not filled by provisions of Section 125.090 above or Subsections (A) through (C) of this Section shall follow the recommendations of Section 125.070 above.
[R.O. 2006 §125.110; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A. 
Regular Appointment Following Probation Period. All original appointments shall be tentative and subject to a probationary period of not less than six (6) months actual service. The City Administrator may establish a longer probationary period for specified classes. The probation period may be extended by the City Administrator.
B. 
Objectives Of The Probationary Period. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to the position. The department manager concerned shall evaluate all probationary employees in accordance with established City policies. The department manager concerned shall communicate in memorandum form indicating how the individual has been trained, counseled and given every reasonable opportunity to perform the duties of the position, and if the employee should be given regular status, probation extended, or terminated.
C. 
Rejection Of Probationer. During the probationary period, an employee may be terminated without right of appeal. Notification of termination in writing shall be forwarded to the probationer and a copy filed with the probationer's file.
D. 
Completion Of Probation. Upon successful completion of the six (6) month probationary period, employees shall be eligible for a two percent (2%) increase in their base pay upon the recommendation of their supervisor and approval by the City Administrator.
[Ord. No. 16.86 §2, 12-1-2016]
E. 
Full-Time Employees.
1. 
If a full-time employee is placed on three-month or six-month probation due to the result of a merit evaluation or a disciplinary action, biweekly meetings will be scheduled with the employee and the Department Manager/Supervisor to review the employee's progress. The City Administrator will be notified and given regular updates as to the progress being made. If the probation was a result of a merit evaluation, at the end of the probation, if the employee has brought his or her performance up to "meets expectations," he or she will receive a merit increase for the remaining months of the annual evaluation. The employee will be reevaluated again on his or her regular annual evaluation date, but will not be reimbursed for the months spent on probation.
[Ord. No. 14.42 §6, 9-4-2014]
2. 
If an employee is placed on three (3) month probation and has not improved his/her performance, the employee will be given an additional three (3) months to improve. If no improvement is made at that time, he/she will be terminated immediately. At no time will a probation period be extended beyond six (6) months.
3. 
When possible, the employee should be provided at least ninety (90) days' warning of the developing problems. This can be done through informal counseling and oral and written reprimands. Records of these actions should be kept by the supervisor, with copies of reprimand forms sent to the department manager and the Human Resources Generalist.
[R.O. 2006 §125.120; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 07.65 §3, 12-6-2007; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 7, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A. 
Attendance. Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees, which shall be reported to the City Administrator in the form and on dates specified. Employees that are absent after exhausting all leave balances will be subject to disciplinary action up to and including termination. Failure on the part of an employee, absent without leave, to return to duty within twenty-four (24) hours may be grounds for immediate discharge.
B. 
Annual Vacation Leave. The purpose of annual vacation leave is to enable each eligible employee to return to his/her work mentally refreshed. All full-time employees in the classified service shall be granted annual vacation leave with pay. Probationary employees who have served less than one (1) year in the service of the City may not take vacation leave; however, vacation credits for the time so served shall be granted to each probationary employee who receives full-time employment.
1. 
Full-time employees shall receive vacation credits at the following rates:
a. 
Full-time employees with more than one (1) year of continuous service shall receive one (1) times the number of hours in a standard workweek, excluding overtime.
b. 
Full-time employees who have between two (2) years of continuous service and eight (8) years of continuous service shall receive two (2) times the number of hours in a standard workweek, excluding overtime.
c. 
Full-time employees who have more than eight (8) years of continuous service and up to fourteen (14) years of continuous service shall receive three (3) times the number of hours in a standard workweek, excluding overtime.
d. 
Full-time employees with more than fourteen (14) years of continuous service shall receive four (4) times the number of hours in a standard workweek, excluding overtime.
2. 
Vacation is granted at the end of each year of service. Therefore, vacation awarded for the first year of service does not belong to the employee until the end of the year, on the first day of the second year. The employee will be credited with appropriate hours of vacation after each year of uninterrupted service. The vacation leave granted for the previous year must be used prior to the end of the year when it is granted or the employee forfeits all rights to use or ownership. Also, see subparagraphs (3) and (4) below.
3. 
The times during a calendar year at which an employee may take his/her vacation shall be determined by the department manager with due regard for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such that an employee cannot take part or all of his/her annual vacation in a particular service year, such vacation shall be taken during the following service year. Length of service shall be used to resolve conflicts over vacation period between employees of the same class. Also, see Subsection (A) hereinabove and subparagraph (4) herein below.
4. 
No employee may accrue more vacation leave than could be earned in twelve (12) months of service without written permission of the department manager and the City Administrator. If employee is hospitalized while on vacation, those days will be charged to personal leave with approval of the City Administrator or department manager.
5. 
In the event one (1) or more municipal holidays fall within an annual vacation leave, such holiday shall not be charged as vacation leave; and the vacation leave shall be extended or credited accordingly.
6. 
Employees who have satisfactorily completed probation and completed at least one (1) year of service, and who terminate employment shall be paid in a lump sum for all granted vacation leave earned, but not used or forfeited, prior to the effective date of termination.
7. 
Employees with fourteen (14) or more years of continuous service may, at their option, exchange up to one (1) week vacation for up to one (1) week's wage/salary.
C. 
Personal Leave. This category of leave shall be granted to all full-time employees within the classified service. This type leave is to allow employees to take time during normal working hours to handle their personal tasks. This leave is a benefit, not a right, of the employee and therefore the needs of the City shall be paramount when deciding if this leave may be granted.
1. 
Use of personal leave must be approved by the supervisor. This approval should be sought in advance of the use of personal leave. In exceptional cases, such as illness, the supervisor should be notified within one-fourth (1/4) hour of the start of the workday or according to departmental rules. If additional notification is required, the supervisor may deny use of personal leave.
2. 
Personal leave may be used in increments as small as fifteen (15) minutes.
3. 
Personal leave may be accumulated without limit, however, because this is a benefit and not a right of the employee, there will not be any compensation for accrued personal leave upon, or prior to, an individual's separation from City service. The individual has no right to "use up" accrued personal leave prior to separation.
4. 
Personal leave shall accrue at the following rates and only accrue when full-time employees are in a paid leave status:
a. 
Full-time employees who normally work an eight-hour shift and the annual number of hours worked is two thousand eighty (2,080) hours, then the employee shall accrue eight (8) hours personal leave on the first paycheck of the following month.
b. 
Full-time employees who normally work a twelve-hour shift and the annual number of hours worked exceeds two thousand eighty (2,080), then the employee shall accrue twelve (12) hours personal leave on the first paycheck of the following month.
5. 
Probationary employees will accrue personal leave during probationary period but cannot use personal leave until the successful completion of the probationary period.
6. 
Employees who do not use any personal leave in a given calendar year and have accumulated a minimum of eighty (80) hours may cash in the hours earned that year, over the eighty (80) minimum, at a rate of one-hour pay for each two (2) hours cashed in. This will be paid on the last pay period in December.
7. 
Employees that leave the service of the City in good standing after ten (10) years of employment and have accrued more than six (6) weeks of personal leave may convert their personal hours to 401A retirement dollars based on the following vesting schedule with a maximum payout of ten thousand dollars ($10,000.00) Amount not to exceed maximum contribution in the 401A for the calendar year.
a. 
Employed with the City for ten (10) years through fourteen (14) years: twenty-five percent (25%).
b. 
Employed with the City for fifteen (15) years through nineteen (19) years: fifty percent (50%).
c. 
Employed with the City for twenty (20) years or more: seventy-five percent (75%).
D. 
Donation Of Leave. Refer to the donation of leave policy dated 08/03/17.
[Ord. No. 17.55 §§ 1 — 2, 8-3-2017]
E. 
Occupational Leaves.
1. 
Workers' Compensation. An employee injured while performing assigned duties shall be entitled to the provisions of the Workers' Compensation Act. Refer to the Workers' Compensation Policy dated 04/06/17.
2. 
Maternity/Paternity Leave. Shall be according to the Family Medical Leave Act. Refer to the FMLA Policy dated 03/15/12.
3. 
Bereavement Leave. Paid leave may be granted in the event of the death of a member of the employee's immediate family. Immediate family shall consist of the employee's spouse, children, parents, stepparents, brothers, stepbrothers, sisters, stepsisters, grandparents, step-grandparents, grandchildren, or step grandchildren or spouse's children, parents, stepparents, brothers, stepbrothers, sisters, stepsisters, grandparents, step-grandparents or other dependents. No more than three (3) working days bereavement leave shall be granted in each case. Personal time may be taken for any additional time needed.
4. 
Educational Leave. The City Administrator may authorize special leaves of absences, with or without pay, for any period not to exceed six (6) calendar months in any one (1) calendar year for attendance at a school or university for the purpose of training in subjects relating to the work of the employee which will benefit the employee and the City service.
5. 
Military Leave. Leave of absence to perform military duties mandatory — discrimination against militia members a misdemeanor — hours of leave, how computed.
a. 
All employees of the City of Osage Beach who are or may become members of the National Guard or of any reserve component of the Armed Forces of the United States shall be entitled to leave of absence from their respective duties without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits to which otherwise entitled for all periods of military services during which they are engaged in the performance of duty or training in the service of this State at the call of the Governor and as ordered by the Adjutant General without regard to length of time and for all periods of military services which they are engaged in the performance of duty in the service of the United States under competent orders for a period not to exceed a total of one hundred twenty (120) hours in any Federal fiscal year.
b. 
Before any payment of salary is made covering the period of the leave, the employee shall file with their immediate supervisor an official order from the appropriate military authority as evidence of such duty for which military pay is granted, which order shall contain the certification of the employee's commanding officer of performance of duty in accordance with the terms of such order.
c. 
No member of the organized militia shall be discharged from employment by the City because of being a member of the organized militia, nor shall be/she be hindered or prevented from performing any militia service he/she may be called upon to perform by proper authority nor otherwise be discriminated against or dissuaded from enlisting or continuing his/her service in the militia by threat or injury to him/her in respect to his/her employment. Any employee of the City violating any of the provisions of this Section is guilty of a misdemeanor.
d. 
Notwithstanding the provisions of any other administrative rule or law to the contrary, any person entitled to military leave pursuant to the provisions of subparagraph (a) of this Subdivision shall only be charged military leave for any hours which that person would otherwise have been required to work had it not been for such military leave. The minimum charge for military leave shall be one (1) hour and additional charges for military leave shall be in multiples of the minimum charge.
e. 
Any individual released from active duty with the National Guard of any reserve component of the Armed Forces of the United States shall report to the City for return to active status with the City within thirty (30) days of release from active duty. Failure to contact the City may result in a loss of benefits under this Section.
6. 
Leave Of Absence Without Pay. The City Administrator may grant a full-time or probationary employee a leave of absence without pay or change in seniority. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request; and the approval shall be in writing. Upon expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted or in a comparable position. Failure on the part of an employee on leave to report promptly upon expiration of his/her leave may be cause for discharge. No leave benefits or time in grade accrues to individuals while in this status.
7. 
Jury Leave. Every employee of the City who is required to serve as a trial juror shall be entitled to absent themselves from their duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee will be compensated one hundred percent (100%) by the City in addition to any compensation received as a result of jury duty.
8. 
Family And Medical Leave. Family and medical leave shall be granted pursuant to provisions of the Family and Medical Leave Act of 1993 (FMLA). The FMLA entitles the employee up to twelve (12) workweeks of unpaid leave in a given twelve-month period. The twelve-month period shall be established on the first day family and medical leave is granted. Proper certification must be provided prior to leave being granted. Time in grade shall not accrue while on unpaid family and medical leave. Refer to Family and Medical Leave Policy and procedures dated 03/15/12.
9. 
Holidays. The holidays to be observed by full-time employees except shift workers are:
a. 
New Year's Day.
b. 
Dr. Martin Luther King, Jr. Birthday.
c. 
Good Friday.
d. 
Memorial Day.
e. 
Independence Day.
f. 
Labor Day.
g. 
Veterans Day.
h. 
Thanksgiving Day.
i. 
Friday after Thanksgiving.
j. 
Christmas Day.
k. 
Any Friday immediately following a City holiday which falls on Thursday.
All full-time employees of the City shall receive normal compensation for the legal holidays listed above and any other days or part of a day during which the public offices of the City shall be closed. All full-time employees shall receive compensation in proportion to the average number of hours normally scheduled to work. Probationary employees shall be considered for purposes of this Section to be full-time employees.
It shall be the policy of the City to insure that all full-time employees enjoy the same number of holidays each year. The standard shall be the number of holidays in a particular year which will be celebrated by employees when a holiday falls on Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday.
Any regular employee in the City service who shall be required to perform work or render services on a regularly scheduled holiday shall:
Receive a day off at his/her regular pay rate in lieu of the holiday missed; or
At the option of the City he/she may be compensated at the City's approved overtime rate for his/her service on the regularly scheduled holiday. The recommendation for payment must be recommended for approval by his/her appointed official and approved by the City Administrator.
Shift Workers. Due to difficulty in scheduling, shift workers shall receive the same number of paid hours, credited as special leave, as other City employees receive in holiday hours. The hours of special holiday leave will be credited to each employee's holiday leave bank after each holiday is observed. No shift worker may carry over more than twenty-four (24) hours of holiday leave from one (1) calendar year to the next; requests for carryover must be in writing. All hours of holiday leave not used or carried over shall be paid for on a special paycheck in December of each year. Upon separation, any accumulated or approved carryover holiday leave hours shall be paid to the employee.
[R.O. 2006 §125.140; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A. 
Transfer. No employee shall be transferred to a position for which he/she does not possess the minimum qualifications unless the City Administrator authorizes an on-the-job training appointment. If an employee transfers from one position to another position within the same pay range, the employee's salary shall be within the salary range of the new position.
[Ord. No. 14.42 §8, 9-4-2014]
B. 
Promotion. Insofar as is consistent with the best interests of the City, vacancies in the classified service may be filled by promotion from within the classified service. Employees who are promoted from one pay level to a higher pay level shall receive a three percent (3%) increase for each pay level increase or the minimum salary level for the new position.
C. 
Reclassification. An employee may request a reclassification to a position assigned a lower pay level. If the position requested by the employee is in the career ladder or promotional path of the employee, the employee's salary will be reduced only to the extent required to bring the employee within the salary range of the new position.
D. 
Demotion. The City Administrator may demote an employee who is unable to perform his/her required duties or for disciplinary purposes. In this event, the employee's pay may be reduced to the minimum of the new pay level. Written notice of the demotion shall be given to the employee before the effective date of the demotion. In the event the employee cannot be located, notice will be given by certified mail to the employee's last listed mailing address.
E. 
Suspension without pay. The City Administrator may suspend an employee at any time for a violation of City Code. Suspension without pay shall not exceed thirty (30) calendar days. Department managers may suspend a subordinate employee for not more than three (3) working days at any one (1) time, and not more than once in a thirty (30) calendar day period. Any suspension shall be reported immediately to the City Administrator.
F. 
Suspension with pay. The City Administrator or department managers may suspend an employee with pay for up to three (3) working days for the purpose of conducting an investigation. The City Administrator may authorize a longer period if necessary. All such suspensions shall be reported immediately to the City Administrator.
G. 
Reinstatement. Former employees with less than thirty (30) days break in service may be reinstated at the same pay, benefits, and seniority by the City Administrator. Other former employees, except those on re-employment lists, will be treated in the same manner as all other applicants and subject to all normal selection processes.
[R.O. 2006 §125.150; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 09.55 §2, 12-22-2009; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 9, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A. 
Policy.
1. 
It shall be the duty of all City employees to comply with and assist in carrying into effect the provisions of the City's human resources rules and regulations.
2. 
It is the duty of every supervisor to discuss improper, inappropriate or inadequate performance with their employees in order to correct the deficiencies and to avoid the need to exercise negative disciplinary action. The City reserves the right to skip one (1) or more steps as necessary depending on the severity of the infraction.
a. 
Documented Reprimand.
b. 
Suspension.
c. 
Demotion.
d. 
Probation.
e. 
Termination.
3. 
It is the duty of every employee to attempt to correct any improper, inappropriate or inadequate performance, and make every effort to avoid conflict with the City's rules and regulations and policies.
B. 
The continuing employment of every employee in the City service shall be contingent upon acceptable conduct, needs of the City, and satisfactory performance of duties. Failure to meet such standards of conduct and work performance for any of the following listed reasons, such reasons not to be considered all-inclusive, are sufficient grounds for disciplinary action, up to and including termination.
1. 
Falsification of any information required by or presented to the City.
2. 
Absenteeism.
3. 
Tardiness.
4. 
If the employee is incompetent or inefficient in the performance of his/her duties.
5. 
Refusing to obey a reasonable order.
6. 
A misdemeanor and/or felony charge and/or conviction. If in the opinion of the City Administrator the crime charged or a conviction reflects on the performance of the employee's job duties, or the City as a whole, the City Administrator may alter the employees' work duties, suspend, and/or terminate. In no event shall any altered work duties and/or suspension be in excess of six (6) months. In the event that the City Administrator may consider that an employee's suspension should be extended longer than six (6) months, the City Administrator may refer the matter to the Board of Aldermen for its consideration in a closed session of the Board held after proper notice pursuant to Section 610.201.3, RSMo.
7. 
Misappropriation, destruction, theft, or unauthorized use of municipal property.
8. 
Prohibited political activities, under Section 125.030(C).
9. 
Use of drugs, narcotics, or liquor affecting the employee's job performance.
10. 
Discrimination or harassment by an employee on the basis of age, race, color, sex, national origin, marital status, handicap, political or religious affiliations toward any other employee or applicant.
11. 
Neglect or carelessness resulting in physical or legal damage to municipal property or equipment.
12. 
Abusiveness in attitude, language or conduct to fellow employees or to the public.
13. 
Acceptance of gratuities, kickbacks or bribes.
14. 
Employee subsequently becomes physically or mentally unfit for the performance of duties.
15. 
Acts of misconduct.
16. 
Willful disregard of orders.
17. 
Failure to properly report accidents or personal injuries.
18. 
Repeated convictions during employment on misdemeanors.
19. 
Revealing confidential information from human resources files (see Section 125.030(FH)).
20. 
Violation of any aspect of alcohol, drug, and controlled substances rules (Section 125.220).
21. 
Violation of harassment rules (Section 125.210).
22. 
Working unapproved overtime.
[R.O. 2006 §125.160; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A. 
Termination. All non-probationary employees in the classified service may be terminated for cause at any time by the City Administrator. An employee who has been terminated shall be furnished a written statement of the reasons for such action and shall be entitled to a hearing if he/she so requests, as provided in these rules.
B. 
Lay Off. The City Administrator may lay off an employee in the classified service because of material change in duties or organization or shortage of work or funds. The employee shall be placed on an appropriate re-employment list as provided by these rules.
C. 
Resignation.
1. 
An employee wishing to leave the classified service in good standing shall file with the City Administrator through his/her department manager a written resignation stating the effective date, at least two (2) weeks before leaving the service, unless such time limit is waived by the City Administrator. Failure to give notice as required by this Section shall be cause for denying future employment by the City.
2. 
If the employee provides two (2) weeks' notice and the City chooses not to use the services of the employee for those two (2) weeks, the employee shall receive compensation for that two (2) week period as per their normal work schedule.
[R.O. 2006 §125.170; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A. 
Purpose Of Rule.
1. 
To promote improved employer/employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. 
To afford employees a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
3. 
To provide that grievances shall be settled at the lowest supervisor level possible. Persons closest to the problems usually have the most knowledge and best solutions.
4. 
To provide that grievance procedures be conducted as informally as possible.
B. 
Matters Subject To Grievance Procedure. Any full-time/intermittent employee shall have the right to appeal under this Section, any decision affecting employment or working conditions.
C. 
Informal Grievance Procedures. Any employee who has a problem or complaint should first try to resolve the matter through discussion with the immediate supervisor without undue delay. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If, after this discussion, the employee does not feel the problem has been satisfactorily resolved, the employee shall have the right, under this Footstomper procedure, to discuss the issue with the supervisor's immediate supervisor. Should the problem remain unresolved, the employee shall initiate the formal grievance procedure.
D. 
Formal Grievance Procedure. Levels of review for problems not resolved through the chain of command are listed below:
1. 
First Level Of Review. The appeal should be presented in writing to the employee's immediate supervisor, who shall render a written decision within five (5) working days after the immediate supervisor receives the appeal.
2. 
Further Level Or Levels Of Review As Appropriate. If the employee does not agree with the immediate supervisor's decision, or if no answer is received in writing within five (5) working days after the immediate supervisor receives the appeal in writing, the following applies:
a. 
The employee may appeal to the next level of supervision in writing.
b. 
Failure to take any action by the employee:
(1) 
Within five (5) working days of receiving a response from a supervisor, or
(2) 
Within ten (10) working days of filing with a supervisor, if no response is received, will constitute a dropping of the grievance.
3. 
Each supervisory level receiving a grievance shall have five (5) working days to respond. The appeal/response cycle continues until the appeal reaches the Human Resources Commission, at which time the procedures as set out in Section 125.180 shall be followed.
E. 
Conduct Of Grievance Procedure.
1. 
The time limits specified above may be extended to a definite date by mutual written agreement of the employee and the reviewer concerned.
2. 
The employee may request the assistance of another person of the employee's own choosing in preparing the appeal at any level of review.
3. 
Employees shall be assured freedom from reprisal for using the grievance procedures.
[R.O. 2006 §125.180; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A. 
The provisions of this Section shall not be pursued until the employee has pursued the grievance procedures outlined in Section 125.170.
1. 
Right of appeal. Any full-time employee in the classified service shall have the right of appeal to the Human Resources Commission for any suspension greater than ten (10) days or termination.
2. 
Method of appeal. The appeal shall be a written statement, addressed to the Human Resources Commission, filed with the City Administrator, describing action appealed and relief requested. Appeals must be filed within fifteen (15) calendar days of the date of the decision to be appealed.
3. 
Notice. Upon the filing of an appeal, the City Administrator shall set a date for a hearing on the appeal. The City Administrator shall notify employee and supervisor of the time and place of hearing. The employee will cooperate with Commission.
4. 
Recommendations. The recommendations of the Human Resources Commission shall be forwarded to the City Administrator.
[Ord. No. 12.43 §1, 12-21-2012]
A. 
Responsibility For Training. The City encourages the training of employees. Responsibility for developing training programs for employees shall be assumed jointly by the City Administrator and department managers. Such training programs may include lecture courses; demonstrations, assignment of reading matter, or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties.
B. 
Credit For Training. Participation in and successful completion of special training courses will be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Human Resources Generalist and his/her department manager.
C. 
Training Reimbursement. Repayment for training may be made by the City when the training is related to the employee's job. Such repayment shall be by prior written arrangement with the employee's department manager and the City Administrator, upon satisfactory completion of the training course. Refer to travel and expense policy dated 05/01/05.
[1]
Editor's Note — Ord. no. 12.07 §1, adopted April 5, 2012, repealed section 125.190 "training of employees" in its entirety. Former section 125.190 derived from R.O. 2006 §125.190; ord. no. 05.22 §1, 6-2-2005. Subsequently, ord. no. 12.43 §1, adopted December 21, 2012, replaced this section with "training of employees".
[R.O. 2006 §125.200; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 05.62 §1, 12-15-2005; Ord. No. 09.55 §3, 12-22-2009; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 10, 9-4-2014; Ord. No. 15.69 § 1, 8-6-2015; Ord. No. 17.25 § 1, 4-6-2017]
A. 
Employee Health. The health and physical condition of the employee is an important factor in accident prevention and job performance. The alert, physically fit, well-trained employee has fewer accidents and performs more satisfactorily on the job.
B. 
Pre-Employment Examinations. A pre-employment physical examination may be made to determine whether or not the applicant is physically and mentally fit to perform the specific task for which application has been made, or to permit assignment to a job compatible with the applicant's personal efficiency, safety, or health. The scope of a pre-employment physical shall be sufficient to assure that an applicant is physically capable of handling the duties of his/her position, based upon bona fide requirements of the class. The result of a pre-employment physical will be made a part of the permanent personal record of the employee.
C. 
Special Physical Examination.
1. 
Employees who have been absent from work for health reasons may be required to undergo a return to work physical or mental examination unless waived by the City Administrator. Confirmation of the employee's full capability or physical limitations incurred as a result of any injury or illness shall be made a matter of record and noted in the employee's human resources file. Supervisors shall use this information in considering any subsequent job assignments.
2. 
Transfer of an employee from one job to another, which may call for a higher degree of physical or mental fitness, may require a medical examination. When there is a question of the employee's physical or mental fitness to perform the new job, the desirability of the transfer will be evaluated by a physician selected by the City.
3. 
Recurrence Of Disability. Any employee suffering a recurring disability resulting from an accident or illness may be required to be examined by a physician selected by the City at the beginning of his/her disability or sick leave and again prior to the employee's return to work. Any employee repeatedly suffering disability recurrence on the same job should be considered for reassignment to a job that is more compatible with his/her physical and mental capabilities.
D. 
Safety.
1. 
The City of Osage Beach recognizes the importance of individual health and safety and the protection of the environment for the successful operation of the City. As an organization, we are committed to conducting our operations safely and to preventing loss, whether it be injury or illness to people, damage to property or interruption of business process, we strive to provide all the employees with the best possible working conditions. We will make every reasonable effort to provide guidance and assistance to eliminate or control occupational and environmental hazards associated with the operation of the City.
2. 
Employment with the City requires that all employees accept responsibility for their own safety. City employees will make every effort to prevent destruction of City property, equipment and materials and to extend the same effort of protection of property and materials of the general public.
3. 
To accomplish our goal of individual health and safety, protection of the environment, individual attitudes, practices and continued cooperation are key to sustain and support our safety program. City employees should follow all reasonable safe practices and the City will provide the necessary tools, guidance and assistance for accomplishment. Refer to Safety Policy dated 08/03/17.
[Ord. No. 17.55 §§ 1 — 2, 8-3-2017]
[R.O. 2006 §125.210; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
The City of Osage Beach is committed to providing all its employees with a workplace free of harassment. The City maintains a strict policy prohibiting sexual harassment and harassment based on race, color, national origin, religion, sex, physical or mental disability, age, veteran status, or any other characteristic protected by applicable law. These harassments by any employee, Commission member, Board member, Mayor, member of the public, or employees of outside organizations will not be tolerated. Refer to the Prohibited Harassment Policy dated 03/15/12.
[R.O. 2006 §125.220; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 08.35 §2, 12-22-2008; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 11, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A. 
The City of Osage Beach has an obligation to its employees to take reasonable steps to assure a drug-free and safe place to work. The City of Osage Beach also has an obligation to the citizens and to the public at large to provide quality and safe services through a policy and program prohibiting the use of illegal and controlled substances and the misuse of alcohol by City employees.
B. 
The City will not tolerate the use, abuse, possession or sale of illegal and controlled substances or misuse of alcohol by any of its employees, including part-time and seasonal employees. Drug and alcohol testing will be an integral part of the City's program in order to meet the goals of providing a safe and efficient service and a safe and healthy workplace.
C. 
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, illegal, and controlled substances. This policy is also intended to comply with all applicable Federal and State regulations governing workplace alcohol, illegal, and controlled substance abuse programs. The United States Department of Transportation (DOT) 49 CFR Part 29 the "Drug Free Work Place Act of 1988," the "Omnibus Transportation Act of 1991," and the DOT 49 CFR Part 40 requires certain reporting of certain drug-related offenses, mandates urine drug testing and breathalyzer alcohol tests for safety-sensitive positions, and other positions when so noted, and prevents performance of their functions when there is a positive test result.
D. 
It is the City's policy to give in detail the prohibitions against the use of alcohol and controlled substances in the workplace; however, the City will make every effort to encourage employees to seek professional assistance when personal problems, including alcohol, illegal, and controlled substance dependency, adversely affect their ability to perform assigned duties. Refer to the Drug Free Workplace Policy dated 8/21/2014.
[R.O. 2006 §125.230; Ord. No. 06.36 §§1 — 2, 7-6-2006; Ord. No. 06.48 §1, 10-5-2006; Ord. No. 09.55 §4, 12-22-2009; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 12, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A. 
Supplemental Employee-Related Policies.
1. 
Americans with Disabilities Act (ADA) Policy dated 03/15/12.
2. 
Information Technology Policy dated 04/06/17.
3. 
Facility Access Policy dated 04/06/17.
4. 
Vehicle and Equipment Policy dated 01/01/10.
5. 
Tool Policy — Department of Public Works dated 01/01/10.
6. 
Cell Phone Policy dated 04/06/17.
B. 
A copy of each of these policies are held on file in City Hall and made a part hereof as if fully set forth herein.
[R.O. 2006 §125.240; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A. 
Insurance.
1. 
The City provides the following insurance benefits to full-time employees without cost: health, dental, short-term disability, and group life. Health, dental, and life insurance coverage for dependents of full-time employees is optional to the employee. The City will provide a portion of the cost of dependent health coverage. Vision insurance coverage is offered to employees and dependents.
2. 
Full-time employees who can provide proof of coverage from another health insurance program may opt out of participating in the City's health insurance program. The City will provide an incentive in the amount of forty percent (40%) of the cost of single coverage to employees who qualify for the opt-out program. Payments shall be spread evenly over the pay periods in a calendar year. If an employee is no longer an employee of the City, payments cease and the employee has no right to any amounts not paid in the calendar year.
3. 
Full-time employees who retire due to age or disability and have completed ten (10) years of employment with the City may make arrangements to continue their coverage under the City's health insurance program at their own expense by providing a thirty (30) day notice to the Human Resources Generalist.
B. 
Cafeteria Plan. Employees may take advantage of reducing their taxable income through utilization of the cafeteria plan. Additional supplemental insurance policies, such as cancer, accident, and intensive care are available and premium amounts for these and dependent medical are deducted from gross income prior to income tax deductions.
C. 
Medical Reimbursement. The City provides each full-time employee two hundred fifty dollars ($250.00) per year for medical expenses in a medical reimbursement account. Employees may also reduce taxable income by setting aside predesignated amounts into the plan for dependent care and medical expenses not covered by insurance. Enrollment is restricted to within thirty (30) days of employment for new employees and during an annual enrollment for current employees.
D. 
Retirement Plans.
1. 
The City will provide full-time employees six percent (6%) of gross wages under Section 401A of the Internal Revenue Service Code into accounts. There is a five (5) year vesting period. Employees should contact the Human Resources Generalist for detailed information.
2. 
Deferred compensation. All employees and elected officials may elect to participate in a deferred compensation program offered by the City. The City will not participate monetarily in this program.
[Ord. No. 08.17 §1, 7-17-2008; Ord. No. 12.43 §1, 12-21-2012]
A. 
Defense Of Suits And Claims. If a City Official, officer, employee or person protected, as defined in Subsection (C), requests the City defend him or her against any claim or action against him or her for an injury alleged to arise out of an act or omission occurring within the scope of his or her duties or employment as an officer or employee of the City and such request is made in writing no later than sixty (60) days after service of process or notification of impending claim or suit, the City shall investigate, defend, negotiate or compromise such claims, actions or judgments resulting from trial, on behalf of the officer or employee, as deemed appropriate by the City Attorney or his/her designee.
B. 
Determination Within Scope Of Employment. It shall be within the discretion of the City Attorney to determine whether a claim or action arises out of an act or omission occurring within the scope of employment. No elected official, appointed officer or employee shall be entitled to defense on indemnification by the City for willful and wanton acts or other acts outside the scope of employment.
C. 
Persons Protected. This Chapter applies to all City elected officials, appointed officers, full-time employees, part-time employees, seasonal employees and any other person employed by the City in any other capacity and to members of City boards, advisory committees, commissions, and other City entities and former City Officials, officers and employees. This Chapter does not apply to employees of any other public entity beyond those described above, even if that entity receives funding from the City, in whole or in part, or to private persons or firms doing business with the City. Independent contractors are excluded from the coverage of this Chapter, unless such coverage is specifically included in the contractor's contract.
D. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
COMPROMISE
Includes settlements of claims or judgments.
PERSONS PROTECTED
Includes all persons included under Subsection (C).
E. 
No Obligation For Punitive Or Exemplary Damages. In no event shall this Section require the City to pay any part of a claim or judgment for punitive or exemplary damages.
F. 
No Obligation To Defend Actions Eligible For Workers' Compensation. In no event shall this Chapter require the City to defend or pay any part of a claim or judgment for damages arising out of an action brought against a City Official or employee by any person who was a fellow official or employee at the time the claim arose, and who had a remedy for the injury giving rise to such claim under the Workers' Compensation Law, Chapter 287, RSMo.
G. 
Written Authorization Required For Representation. If the City Attorney does not receive, in writing, the authorization from the person protected under Subsection (C) within the sixty (60) day period after service of process or other notification, the City Attorney may exercise his or her discretion to decline the defense and representation of said individual.
H. 
Employee Retains Outside Counsel. If a person protected under Subsection (C) elects to retain outside counsel, there shall be no right to reimbursement for legal expenses or right of indemnification as provided by this Chapter.
I. 
Notice To Employee Of Claim/Suit. In the event that service of process is accepted by someone other than the named defendant but who is a City employee or agent and legally capable of accepting service, the City Attorney shall be immediately notified of such service. Furthermore, upon receipt of notification of suit or claim, the City Attorney shall give prompt notice to the individual being sued in order to apprise said individual of the pending claim or litigation. Notification to the individual shall include a brief statement from the City Attorney reciting the nature of the suit or claim, a copy of this Chapter and advisement that the employee or officer must elect to have the City Attorney, or if the City has applicable insurance, the counsel as designated by the insurer, defend the suit or claim and that such election must be in writing within sixty (60) days.
J. 
City Attorney To Be Solely Responsible For Conduct Of Litigation. Any investigation, defense, negotiation or compromise of any claim covered by this Chapter shall be conducted by the City Attorney, provided that in instances where circumstances require it, outside counsel may be retained by the City to conduct such representation. The retention of outside counsel in the defense of claims or suits shall be recommended at the discretion of the City Attorney to the Board of Aldermen for their consideration and review. If outside counsel is retained at the direction of the Board of Aldermen to represent a person protected under Subsection (C), the City Attorney shall notify the employee or official of said representation.
K. 
Responsibility For Negotiations. The City Attorney shall be the sole agent authorized to negotiate on behalf of the City and any person protected under Subsection (C). Any independent act of compromise or settlement of claims by a person protected under Subsection (C) shall be grounds for forfeiture of the protection afforded under this Chapter.
L. 
Employee's And Official's Cooperation. Any person protected under Subsection (C) seeking the benefit of this Chapter shall cooperate with the attorneys conducting any investigation and preparing any defense by assisting the attorneys in all respects including the making of settlements, the securing and giving of evidence, attendance at hearings and trials, helping them to obtain the attendance of witnesses at hearings and trials and to secure other evidence and keeping the attorneys notified of their whereabouts.
M. 
Failure To Cooperate. A failure of any person protected under Subsection (C) to fully and completely cooperate with the attorneys conducting any such investigation and defense shall be grounds for forfeiture of any right or claim by those persons to protection or assistance from the City under this Chapter and of any claim for indemnification or reimbursement for any settlement or judgment.
N. 
Exclusion Of Workers' Compensation Claims. This Chapter does not cover City Workers' Compensation claims, which are covered by Chapter 287, RSMo.
O. 
Insurance. The City may in its discretion expend funds to procure one (1) or more policies of insurance to insure against all or any portion of the potential liabilities of the City and its officials, officers and employees. All persons eligible for coverage by such insurance shall cooperate with any counsel selected by the insurer and with the City Attorney as required by Subsection (L) or lose the protection of this Chapter pursuant to Subsection (M).
P. 
Indemnification Limited By Insurance. Should the City or other entity elect to procure a policy of insurance, which policy covers an action or claim brought against a person protected under Subsection (C), that person's right to indemnification under this Chapter shall be limited by the policy limits of said policy of insurance.
Q. 
City Liability. Nothing contained in the provisions of this Chapter shall be construed to broaden the liability of the City beyond the provisions of Sections 537.600 to 537.610, RSMo., nor to abolish or waive any defense at law or equity which might otherwise be available to any City Official, employee, entity or person protected under Subsection (C). For claims falling within the scope of Sections 537.600 to 537.610, RSMo., for a person protected under Subsection (C), right to indemnification under this Chapter shall be coextensive with and shall not extend beyond the limits of the City's liability as set out in those Sections; the City's liability limit and the right to indemnification shall be one and the same and there shall not be separate limits for each. Nothing in this Section shall be construed as a waiver of the City's immunity from liability for punitive damages under 42 United States Code Sections 1981 — 1988, or any other defense or immunity under that law on behalf of the City or any person protected under Subsection (C).
R. 
Proper Expenditure Of City Funds. The establishment by this Chapter of authority or defense and indemnification of claims or judgments is deemed a necessary and proper public purpose for which funds of this City may be expended.
S. 
Satisfaction Of Judgments, Claims And Settlement Of Litigation. Judgments entered against person protected under Subsection (C), except judgments for punitive or exemplary damages, shall be self-executing and shall not require any further legislative action. The City Treasurer is authorized to pay any and all such judgments upon the advice of the City Attorney. Payment of judgments shall include all court-ordered costs and attorney's fees.
T. 
Settlement Of Claims/Suits. Settlement of all claims and suits not covered by an applicable policy of insurance shall be accomplished only after recommendation of both the City Administrator and the City Attorney and approval by resolution of the Board of Aldermen.
[Ord. No. 13.16 §1, 4-5-2013]
A. 
Any labor organization seeking designation as a bargaining agent to represent employees of the City is to submit a specific, written description of the bargaining unit sought, together with specific exclusions via certified mail to the City Clerk addressed to the Mayor.
1. 
Within fourteen (14) days of receipt, the Mayor shall appoint a three (3) person Recognition Committee (consisting of the City Administrator and two (2) members appointed from among the members of the Board of Aldermen) which shall consider the appropriateness of the requested unit and on behalf of the City either:
a. 
Agree to the unit,
b. 
Send the description back to the labor organization for further specificity, or
c. 
Reject the unit as being inappropriate with specific, written reasons for the rejection.
2. 
The labor organization submitting the application can either accept the Recognition Committee's decision regarding the bargaining unit or appeal to the Board of Aldermen within fourteen (14) days of the date of the Committee's decision.
3. 
Any appeal taken pursuant to Subsection (2) above must be sent via certified mail and must be received by the City Clerk within fourteen (14) days after the Recognition Committee's decision is issued. The Board of Aldermen's decision with respect to the appropriateness of the bargaining unit shall be final and binding.
4. 
In evaluating the appropriateness of the proposed bargaining unit, the Board of Aldermen may consider, but is not bound by, precedent from other Cities, other States and/or the National Labor Relations Act.
[Ord. No. 13.16 §1, 4-5-2013]
A. 
Within forty-five (45) days after establishing the appropriate bargaining unit, there will be a secret ballot election to determine whether the majority of employees in the bargaining unit want to be represented by the labor organization for purposes of collective bargaining.
B. 
No labor organization will be recognized as representing any employee by any other means.
C. 
The election will be held by secret ballot. The ballot may be on a form substantially similar to the form utilized by the National Labor Relations Board for conducting union election, or as follows:
Shall [insert name of petitioning labor organization here] be recognized as the bargaining agent for the employees of the [describe bargaining unit as recognized by the City]?
_____ YES
_____ NO
D. 
The election will be conducted by either the Federal Mediation Conciliation Service or by the Missouri Department of Labor (or their designee). In the event that both the Federal Mediation and Conciliation Service and the Missouri Department of Labor decline to conduct the election, the Board of Aldermen will select an arbitrator to conduct the election by requesting a panel of five (5) arbitrators from the Federal Mediation and Conciliation Service and then selecting one (1) of the arbitrators from the list to conduct the election.
E. 
After the election has concluded, the person conducting the election will immediately and publicly count the ballots and issue a report on election indicating how many ballots were cast for representation by the labor organization and how many votes were cast against representation.
F. 
Any disputes concerning the election must be referred for decision to the Board of Aldermen for consideration within seven (7) days of the election. The decision of the Board of Aldermen on such disputes will be final and binding.
G. 
If there is no dispute concerning the election, then the results of the election will become final seven (7) days after the report on election is issued.
H. 
After the results of the election become final, if a majority of the members of the bargaining unit voted to be represented by the labor organization, the Board of Aldermen will recognize the labor organization as representing the employees of the bargaining unit.
I. 
No labor organization may seek to represent any bargaining unit (or portion of any bargaining unit) by secret ballot election more than once in any consecutive twelve (12) month period.
J. 
In the event that the majority of the employees in a designated bargaining unit determine that they no longer wish to be represented by a recognized labor organization, they may revoke their designation of the labor organization by tendering a signed and dated petition for revocation to the Board of Aldermen. Upon receipt of such a petition, the Mayor will designate a three (3) person Recognition Committee (consisting of the City Administrator and two (2) members appointed from among the members of the Board of Aldermen) to determine if the petition to revoke representation is authentic. Upon the report of the Recognition Committee, if the petition is determined to be authentic, the Board of Aldermen shall then revoke recognition of the labor organization as bargaining agent for that bargaining unit.
[Ord. No. 13.16 §1, 4-5-2013]
A. 
In the event that the majority of members of the bargaining unit vote to be represented by the labor organization for purposes of collective bargaining, a City negotiator, designated by the Mayor and approved by the Board of Aldermen, will meet with the labor organization to confer and discuss wages, benefits and other terms and conditions of employment with the goal of reaching a mutually satisfactory proposed collective bargaining agreement to be submitted to the Board of Aldermen for approval.
1. 
If the City negotiator and the labor organization reach agreement on a proposed collective bargaining agreement, the proposed agreement will be submitted to the Board of Aldermen as an agenda item for consideration on their next scheduled meeting. At that meeting, the Board of Aldermen will approve, reject or hold the proposed collective bargaining agreement open for further discussion.
2. 
If the City negotiator and the labor organization cannot reach an agreement on the terms of a proposed collective bargaining agreement after substantial negotiations, the City negotiator may unilaterally submit the City negotiator's proposed collective bargaining agreement to the Board of Aldermen for consideration as set forth in Subsection (1) above.
3. 
The decision of the Board of Aldermen with regard to approving or rejecting a proposed collective bargaining agreement shall be final and binding.
[Ord. No. 13.16 §1, 4-5-2013]
In accordance with Section 105.530, RSMo., strikes and other unlawful conduct by any employee, whether individually or in concert with others (including sympathy, unfair labor practice or wildcat strikes), sit-downs, slowdowns, work stoppages, boycotts, any acts honoring a picket line, or any other acts that interfere with the City's operations are prohibited.