Chapter 125 Personnel Rules and Regulations

Section 125.060 Discipline And Employee Conduct.

Safety procedures;

11.

Job-related injury procedures; or

12.

Other related internal administrative personnel matters.

Section 125.040 Employee Compensation.

[Ord. No. 21-13444, 12-6-2021]

The Compensation Plan.

The City Council has adopted a uniform and equitable pay plan of minimum and maximum rates of pay as are necessary to provide reasonable and consistent progression in the pay range based on job performance. Generally, all new employees shall be hired at the minimum rate unless their qualifications are such that the City determines that it is to its advantage to hire at an advanced rate.

When an employee is promoted to a position in a higher class, the employee's salary shall be increased to at least the minimum rate for the higher classification. An employee who requests and accepts an assignment in a lower pay classification shall have his/her salary be commensurate to the appropriate job classification.

A merit increase is a payment granted to an employee as a result of overall performance. The merit increase may be an increase to salary. Merit increases shall be based upon performance evaluations with the amount of merit increases, if any, fluctuating from year to year. Performance evaluations (conducted at least annually) will result in performance rating which shall serve as the basis for the amount of the merit increase. Any individual who is not employed with the City prior to April 1 shall not be eligible for a merit increase until the City's annual budget year commencing October 1 of the year following commencement of employment with the City.

Classification Of Employee.

Except for law enforcement personnel, all non-exempt employees (as defined by the Fair Labor Standards Act) shall be compensated at the employee's designated hourly rate for all hours worked up to forty (40) hours within the work period.

Non-exempt law enforcement personnel shall be compensated at the employee's designated hourly rate for all hours worked up to eighty-four (84) hours within the currently established work period of fourteen (14) days.

All exempt personnel, as defined under the Fair Labor Standards Act, shall be compensated on a salary basis in accordance with the Fair Labor Standards Act.

Recording Of Time. All non-exempt employees are required to utilize time clocks provided by the City for the purposes of recording hours worked for each individual employee. In the event there is no time clock available or provided and/or is in a state of malfunction, each employee shall be required to record and document actual hours worked for each period. Under no circumstances shall any employee record time worked for any other employee other than himself/herself, with the exception of the designee assigned by the department head and the Human Resources Office. Anyone violating this policy shall be subject to immediate disciplinary action, which may include dismissal. All alterations to an employee's official time card shall be subject to the documented approval of the department head and the Human Resource Office.

Complaint Procedure For Improper Deduction.

Any employee who believes that the City has made an improper deduction from the employee's pay should file a written complaint with the Human Resource Office identifying the improper deduction. Such complaint should be filed as soon as it is discovered, but no later than thirty (30) days after becoming aware of the improper deduction. The complaint should include a copy of the pay stub from the relevant pay period, with an explanation of the reason(s) the deduction is believed to have been improper.

Upon the receipt of the written complaint, the Human Resource Office will promptly review and investigate the disputed deduction to determine whether the deduction was improper and, as soon as practicable, the Human Resource Office will provide a written decision outlining whether the deduction was improper and the reasons therefor. If the Human Resource Office, in response to proper notification of the problem through the above-outlined complaint procedure, concludes that the City has made an improper deduction, then the City will promptly reimburse the employee for the improper deduction.

Overtime. Unless exempt under the Fair Labor Standards Act, all employees, with the exception of law enforcement personnel, will be compensated at the rate of one and one-half (1 1/2) times their regular rate for hours actually worked in excess of forty (40) per work period. Law enforcement personnel will be compensated at the rate of one and one-half (1 1/2) times their regular rate for hours actually worked in excess of eighty-four (84) per fourteen-day work period. "Hours worked" shall not include benefit time.

Holiday Pay.

Employees scheduled to work on the following holidays shall be paid at two (2) times their regular rate for hours actually worked on the actual day of the holiday:

New Year's Day.

Memorial Day.

Independence Day.

Labor Day.

Thanksgiving Day.

Christmas Day.

Employees scheduled to work on the following holidays shall be paid one and one-half (1 1/2) time their regular rate for hours actually worked on the day the City observes the holiday:

Martin Luther King Day.

Presidents' Day.

Veterans Day.

Friday after Thanksgiving.

Christmas Eve.

Juneteenth.

If an employee works on the actual holiday and receives double time pay, he/she is not eligible to receive time and a half for hours worked on the day the City observes as the holiday unless he/she exceeds his/her normal workweek.

The City shall have the authority to reschedule the day off for any of the holidays to account for necessary scheduling events.

Full-time employees are eligible for eight (8) hours of holiday pay for the above holidays. Part-time active employees are eligible for four (4) hours of holiday pay for the above holidays.

Call-Outs. If a non-exempt employee is called to return to work other than during his/her scheduled workday, the employee shall receive a minimum of two (2) hours' compensation regardless of the number of hours actually worked.

Compensatory Time. Non-exempt employees shall be permitted to accumulate compensatory time in lieu of overtime in accordance with the applicable provisions of the Fair Labor Standards Act, upon meeting the following guidelines:

A written request from the employee shall be submitted to the Human Resource Office electing to receive compensatory time in lieu of overtime pay upon commencement of employment by the City. An employee may change his/her election during the month of September, which election will take effect on the first payroll of October.

The maximum balance of compensatory time in any fiscal year shall be forty (40) hours. All overtime worked after the employee has accumulated the maximum compensatory time will result in the payment of overtime as provided above.

In any fiscal year during which an employee has accumulated the maximum of forty (40) hours of compensatory time, and part or all of such compensatory time is used during such year, the employee shall be eligible to accumulate further compensatory time back up to forty (40) hours during such fiscal year. Any accumulated compensatory time not used by the employee during a fiscal year will be paid out in the employee's last pay check prior to receiving an increase in compensation.

Requests to utilize accumulated compensatory time shall be submitted to, arranged with, and approved by the department head prior to the date on which the employee desires to take off. Use of compensatory time shall not unduly disrupt the operations of the City.

Section 125.050 Separation.

[Ord. No. 21-13444, 12-6-2021]

As noted above, the City requests that separating employees give at least ten (10) working days' prior notice to the effective date of their resignation in order to leave the City employ in good standing unless other arrangements are approved by the department head. Accrued leave shall not be used in lieu of such notice. Failure to leave the City in good standing shall be considered cause for denial of future re-employment with the City.

Retirement shall be in accord with the provisions of the Retirement Plan; however, no person receiving City of Washington retirement benefits shall be employed as a full-time/active employee of the City. An individual who retires pursuant to LAGERS eligibility is considered a "retiree." A retiree is eligible to remain on City insurance (medical, dental and vision) at rates determined annually by the City Council, at the retiree's expense. Retirees and their eligible dependents may choose to remain on the City's Medical Insurance until they reach eligible Medicare age. The full cost of the premium and any deductible will be paid by the retiree. Retirees are eligible for a retirement gift valued at fifty dollars ($50.00) per year of service that will be disbursed at the time of retirement.

If an employee is unable to perform the essential functions of his/her position with or without a reasonable accommodation because of a physical or mental disability, the City may separate, transfer or otherwise dismiss an employee. The City reserves the right to require any employee to undergo a physical or mental examination if the City determines that there is an issue with respect to the employee's ability to perform the essential functions of his/her position or whether a reasonable accommodation is necessary to enable the employee to perform the essential functions of his/her position or if the employee presents a danger to himself/herself or other City employees.

Employees who are dismissed involuntarily shall be removed from the position as promptly as possible and officially notified, in writing, by management that such action is being taken on or about the effective date of such action.

Return Of Property. An employee leaving the City's service for any reason and who has City-owned equipment or property in his/her possession must return such equipment or property to his/her department head immediately upon leaving the City's employment.

[Ord. No. 21-13444, 12-6-2021]

It shall be the duty of all employees to maintain high standards of conduct, cooperation, efficiency, and economy in their work for the City. Department heads shall organize and direct the work of their units in a manner calculated to achieve these objectives.

Warnings.

Oral and written warnings may precede more severe discipline whenever, in the judgment of the department head, an infraction is readily correctable. When an oral warning is given, the department head should explain the infraction to the employee and indicate corrective measures. The department head should inform the employee that his/her conduct must improve or he/she will face more severe disciplinary action. The employee is required to sign an acknowledgment that the oral warning took place. A record of this warning will be placed in the employee's personnel file, and the employee will receive a copy.

At the department head's discretion, a written warning/reprimand may be used for more serious infractions in lieu of an oral warning. The department head should state, in writing, the nature of the infraction leading to the disciplinary action and prior warnings, if any. The warning/reprimand should include what improvement is expected, the time limit for this improvement to occur, and consequences if the improvement goal is not met. However, the failure to do so does not affect the disciplinary measure issued by the department head. The employee must read the warning/reprimand and sign it. A copy will be placed in the employee's personnel file.

Suspension Or Termination. The City Administrator, in consultation with the Director of Human Resources, has the authority to suspend, demote, reinstate probation or terminate the services of any employee, except law enforcement personnel. Such employee shall be provided with a summary of the allegations against him/her and the opportunity to respond.

Staff Conduct. The following is a non-exhaustive list of employee conduct that may result in disciplinary action, up to and including dismissal:

A reduction in force due to the lack of funds or curtailment of work.

For misconduct, insubordination, violation of established regulations or procedures (written or otherwise), including, but not limited to:

Obtaining materials or leave time based on fraudulent information; dishonesty; stealing; and other criminal acts.

Section 125.070 Leaves Of Absence And Benefit Time.

Conviction of or a guilty plea/plea of nolo contendre to a felony or of a misdemeanor involving facts or circumstances related to the employee's job duties.

(3)

Abusive or improper treatment of a citizen, prisoner or other individual in the community or on the City payroll.

(4)

Violation of any lawful and reasonable departmental or City rule, regulation or directive.

(5)

Destruction or loss of City property.

(6)

Absence from duty without permission, proper notice or satisfactory reason.

(7)

Falsifying reports or records.

(8)

Insubordination, non-compliance with rules, policies, assignments or procedures. Insubordination shall include the refusal of any employee to sign any acknowledgement for receipt of any City document, including any disciplinary actions.

(9)

Being under the influence of narcotics, other mind-influencing substances or alcohol on the job or otherwise violating the City's substance abuse policy.

(10)

Incompetence, ineffectiveness, inefficiency or wastefulness in the performance of assigned duties.

(11)

Disregard for safety policies or procedures or any conduct or negligence which endangers the welfare of any City employee or any other person.

(12)

Engaging in personal business/other employment while on-duty, using City vehicles or equipment for personal use except as such use may be specifically authorized by Council.

(13)

An unsatisfactory attendance record. Reliable and regular attendance is an essential function for every job with the City. Each employee is expected to be on the job ready to work at the beginning of his/her scheduled shift. Unscheduled and extended periods of absence are irresponsible and/or very difficult to manage. This places an unnecessary burden on other employees, and impairs the efficient operation of the organization. For these reasons, records of absences, and late arrivals and early departures will be maintained. Appropriate disciplinary measures will be taken whenever an employee's unscheduled or extended absence or tardiness becomes excessive as determined by the City Administrator. Any employee unavailable to work for an extended or indefinite period of time shall be subject to employment termination unless such an absence is authorized under the City's FMLA policy or a leave of absence would be considered a reasonable accommodation under the ADA based upon the individualized circumstances.

(14)

Gambling on City property.

(15)

Theft or unauthorized removal of City or employee property.

(16)

Unauthorized possession or use of any dangerous weapon. Dangerous weapons, shall include, but not be limited to, handguns, firearms, explosives, knives, simulated firearms operated by gas or compressed air, slingshots, sand clubs, metal knuckles, dangerous chemicals and other weapons further defined by Missouri Statute and/or City ordinance. Unauthorized possession or use of a dangerous weapon shall include specifically the wearing, transporting, storing, using, brandishing or carrying of a dangerous weapon of any type, concealed or unconcealed, upon the property of the City, regardless of whether the employee is licensed to carry the dangerous weapon. Unauthorized possession or use also includes carrying a dangerous weapon of any type outside of the City's property while acting within the course of employment, regardless of whether the employee is licensed to carry the weapon. Employees may not carry any dangerous weapon while performing any task on behalf of the City or while attending any function on behalf of the City. No dangerous weapon shall be allowed on or within any City-owned vehicle or personal vehicle being used to conduct any business on behalf of the City. This prohibition against unauthorized possession or use of dangerous weapons is not applicable to the use or possession of weapons by the Fire Chief or by law enforcement personnel in accordance with the policies, procedures and directives of the City's Police Department or the use or possession of an object which may be a dangerous weapon, such as a knife or dangerous chemical, incident to performance of duties in the course and scope of an employee's employment with the City.

(17)

Threatening or coercing any person employed with the City, citizens or any elected or other official of the City.

(18)

Reasonable suspicion of the commission of a criminal act occurring on or off the job which relates to job performance or of such a nature that continuation of employment in the assigned position could affect job performance or could constitute negligence in regard to the City's duty to the public.

(19)

Using public office for private gain.

(20)

Reasonable suspicion of engaging in dishonest or immoral conduct on or off the job that undermines the effectiveness of the City's activities or affects relations with other City employees or residents.

(21)

Failure or refusal to perform an assigned task.

(22)

Any conduct which involves harassment or discrimination under any State or Federal law or which constitutes inappropriate conduct under the City's Equal Employment Opportunity, Anti-Harassment and Non-Discrimination Policy.

(23)

Inability to perform all essential job functions, with or without reasonable accommodation, or inability to safely perform all essential job functions, consistent with all Federal and State requirements under applicable disability discrimination laws.

(24)

Unauthorized disclosure of protected health information or any information which is protected from disclosure by applicable law or any information which is not deemed to be a public record under the Missouri Sunshine Law (Chapter 610 of the Missouri Revised Statutes).

The above are examples only of grounds for severe disciplinary action and are not intended to be all inclusive. Law enforcement personnel are subject to strict rules and standards of conduct as defined in the Police Department Policy and Procedures Manual or its General Orders but nothing contained therein shall supersede the provisions of these Personnel Rules and Regulations. In addition, nothing contained herein shall supersede the specific ordinances of the City governing the Police, Board of Public Works, Parks and Recreation Commission or Library Board of Trustees.

[Ord. No. 21-13444, 12-6-2021]

Holidays.

Full-time/active employees shall be entitled to twelve (12) holidays per year, payable at a maximum of an eight (8) hour day. In order for an employee to receive pay for a holiday, that employee must have been present at work on the scheduled workday immediately preceding and following the holiday, unless the employee has an excused absence due to illness or approved medical leave or approved vacation leave. No full-time or permanent part-time active employee will be eligible for holiday pay while on an unpaid leave of absence (part-time employees will be pro rated to four (4) hours days). In the event a holiday falls on a Saturday, the City will observe the preceding Friday as a legal holiday. Holidays falling on a Sunday will be observed on the following Monday.

Employees taking vacation time on a holiday shall receive holiday pay for the holiday, and shall not be charged a vacation day for the holiday.

The City will attempt to accommodate the religious observances and practices of its employees. Requests for time off for religious observances, except as provided on the City's holiday schedule, will be treated on an individual basis, and accommodation will be afforded so long as such can be accomplished without undue hardship to the City's operations.

Vacation.

Accrual.

It is the policy of the City of Washington to encourage all full-time employees to take some time away from their job at least once every year and enjoy the leisure time they need. Vacation leave shall accrue to all full-time/active employees based upon their years of continuous service with the City, based on the schedule herein. During an employee's first year of service, an employee may use earned and accrued vacation, once the employee has been employed for ninety (90) calendar days. If an employee "borrows against" unearned time in order to take his/her vacation earlier than it is actually earned, and subsequently leaves the employment of the City prior to earning the time borrowed, the value of the borrowed time shall be deducted from the employee's final compensation and the City may pursue additional remedies to collect any shortage.

An employee may accumulate a maximum of one hundred sixty (160) hours of vacation. Any excess over one hundred sixty (160) hours will be forfeited. Vacation time is accrued based upon the following service completion time:

Years of service	Hours	Years of service	Hours
90 days — 1 year	24	1-5	80
6	88	7	96
8	104	9	112
10	120	11	128
12	136	13	144
14	152	15+	160

Notwithstanding any other provision herein, the City Administrator may set or modify the rate of accrual of vacation leave for any employee due to recruiting or other unique circumstances, although such discretion will generally be reserved for a department head or management employee who is a direct report to a department head, subject to the maximum annual accrual rate of one hundred sixty (160) hours.

Employees should request vacation at least two (2) weeks in advance when possible. Such requests shall be submitted to the department head and the Human Resource Office. Department heads shall schedule vacation leaves with particular regard to the operating requirements, order of requests, and seniority of employees. Vacation leave may be taken in full or half-day increments, with half-day being defined as one-half (1/2) the employee's scheduled hours for that particular day, at the discretion of the department head and the approval of the Human Resource Office. An employee on vacation who becomes ill or injured may, upon proper notification, change status to sick leave, provided that there is sufficient sick leave available.

Sick Leave.

Accrual of sick leave shall commence on the employee's anniversary date. Full-time employees will receive one (1) scheduled work day's worth of time that is available for the employee's use after completion of ninety (90) days of employment.

A full-time employee with at least one (1) year of continuous service is entitled to forty (40) hours per year.

A full-time employee is entitled to one hundred twenty (120) hours per year on his/her fifth anniversary date.

Employees shall be allowed to accumulate sick leave up to a maximum of one thousand four hundred forty (1,440) hours per employee. Upon any separation from employment, the employee shall have no right to payment for any sick leave earned but not taken. Sick leave may be taken in one (1) hour increments.

At any time, a physician's certificate may be required to verify the employee's or immediate family member's sickness or injury. If the absence is in excess of three (3) consecutive work days, the certification shall be provided at the employee's expense. If the absence is three (3) days or less, or if the pattern of absences gives rise to a suspicion of sick leave misuse/abuse, the certification shall be obtained at the City's expense. Subsequent to an absence of any duration due to sickness or injury, a physician's certificate may be required to verify the employee's ability to return to work prior to resumption of duties by that employee.

Advance Notice; Return To Work. When an employee has advance notice of an impending physical disability, such as elective surgery or pregnancy, the employee shall notify the Human Resource Office so that it can be determined whether an absence will qualify under the Family Medical Leave Act. Upon request, the employee will be required to complete and submit an FMLA Certification Form for such intended absence. If the employee is not eligible for FMLA leave, such employee shall, before commencing such leave, submit a statement from the attending physician on a certification approved by the Department of Labor.

Sick leave may not be used during any disciplinary suspension.

No employee shall be paid for any unused sick leave upon termination of an employee's employment.

Sick leave may be used by any employee for the employee's own illness, injury or medical appointments or an employee's immediate family member's illness, injury or medical appointments.

Nothing contained in this sick leave policy is to be construed as guaranteeing employment status throughout the availability or use of sick leave benefits or upon conclusion of any period of such leave. An employee who is medically unavailable to work for any extended duration may be separated from employment, consistent with applicable Federal and State laws, regardless of whether the employee has exhausted all earned, unused sick leave.

Occupational Injury Or Illness.

An employee who has a work-related injury must notify the Human Resource Office immediately. If the incident requires medical attention, the Human Resource Office will direct the employee to a physician. If it is an incident that requires emergency attention (life-threatening), proceed to the nearest emergency facility for treatment and then the employee must notify the Human Resource Office. In cases of occupational injury or illness incurred in the performance of work or employment with the City of Washington, the affected employee shall be granted workers' compensation pay in accordance with State law. The employee shall obtain a physician's release prior to returning to work, and such release shall indicate whether or not the employee is under any physical restriction and the nature of such restriction. Employees may utilize accumulated sick leave, if available, in order to supplement workers' compensation benefits to achieve full pay. Employees on an extended and indefinite leave of absence, whether work-related or not, have no guarantee of resuming active employment with the City if the City's operations reasonably necessitate filling of such employee's position following expiration of any available FMLA leave.

It is understood that any employee receiving workers' compensation benefits pursuant to this Section agrees not to accept or perform any work for any other employer or engage in any self-employment work activity during the leave of absence; if an employee does so, the employee acknowledges that in such circumstances the employee's conduct will be deemed to be a violation of the terms of the leave of absence, and that employment with the City will be considered to have been terminated voluntarily on the employee's part as of the first day of such a violation.

Bereavement Leave.

In the event of the death of an employee's spouse, cohabitating partner, child or stepchild, a full-time employee may be granted up to forty (40) hours of paid leave.

In the event of the death of an employee's immediate family not mentioned above, a full-time employee may be granted up to twenty-four (24) hours of paid leave.

Jury Or Witness Leave With Pay. Employees shall be granted leaves of absence for required jury duty or for any other subpoenaed court appearances. Such employees shall receive their regular compensation, less jury duty pay or witness fees. However, the City reserves the right to limit such compensation in the event an employee is absent for jury duty for an extensive period of time during any calendar year. Witness leave with pay is not available to any employee who appears in court in connection with a case to which he/she is a party.

Family And Medical Leave Policy.

Except for the provisions of this policy regarding service member family leave, an eligible employee is entitled to take up to twelve (12) weeks of unpaid leave under this policy in a twelve-month period. Leave may be taken for any of the following reasons.

To care for an adopted, foster care or newborn child;

To care for the employee's spouse, son, daughter or parent with a serious health condition;

Because of an employee's own serious health condition that makes the employee unable to work at all or perform the essential functions of the employee's job; or

A qualifying exigency arising out of the fact that the spouse, or a son, daughter or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the armed forces in support of a contingency operation.

An eligible employee is an employee who:

Has been employed by the City for at least twelve (12) months; and

Has worked for at least one thousand two hundred fifty (1,250) hours during the twelve-month period immediately preceding the commencement of the requested leave.

For purposes of this policy, serious health condition means an illness, injury, impairment, or physical or mental condition that involves:

Any period of incapacity or treatment in connection with or consequent to in-patient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;

Any period of incapacity requiring absence from work, of more than three (3) calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider;

Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three (3) calendar days; or

For prenatal care.

The twelve-month period during which an eligible employee is entitled to a total of twelve (12) weeks leave under this policy begins on January 1 of each year. Except for the provisions of this policy regarding service member family leave, an eligible employee is only entitled to a total of twelve (12) weeks leave in any given twelve-month period regardless of the number of qualifying conditions that may arise in any twelve-month period.

For any leave taken in accordance with this policy that would otherwise be unpaid, each employee is required to use accrued paid vacation, accrued paid sick leave and accrued compensatory time to the extent available in the following manner:

For any leave taken under this policy as service member family leave or any leave relating to the placement of a child for adoption or foster care, or to care for a family member with a serious health condition, the employee is required to use all of his/her available accrued paid vacation and then use all of his/her accrued compensatory time while on leave; and

For any leave taken under this policy because of the employee's own serious health condition or immediate family member, the employee is required to use all of his/her accrued paid sick leave first, then use all of his/her accrued paid vacation leave, and then use all of his/her accrued compensatory time while on leave.

If the leave taken in accordance with this policy is compensated at all, such as under the temporary total disability provisions of workers' compensation law, then no use of accrued paid vacation, accrued paid sick leave or accrued compensatory time will be required, but such paid leave may be used at the employee's option.

Service Member Family Leave.

An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member shall be entitled to a total of twenty-six (26) workweeks of leave during a twelve-month period to care for the service member (service member family leave). The leave described in this Subsection shall only be available during a single twelve-month period. During such a single twelve-month period, an eligible employee shall be entitled to a combined total of twenty-six (26) workweeks of FMLA leave, regardless of the reason or reasons for taking FMLA leave. A "covered service member" means a member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. The term "outpatient status," with respect to a covered service member, means the status of a member of the armed forces assigned to:

A military medical treatment facility as an outpatient; or

A unit established for the purpose of providing command and control of members of the armed forces receiving medical care as outpatients.

The term "serious injury or illness," in the case of a member of the armed forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on active duty in the armed forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. For purposes of this policy, the term "next of kin," used with respect to an individual, means the nearest blood relative of that individual.

A husband and wife who are both employed by the City are permitted to take only a combined total of twelve (12) weeks leave during a twelve-month period if the leave is taken: for the birth of a child or to care for the child after birth; for placement of a child for adoption or foster care, or to care for the child after placement; or to care for a parent with a serious health condition. Each spouse is entitled to his/her own twelve (12) weeks of leave during a twelve-month period if the leave is for his/her serious health condition, or the serious health condition of the other spouse or a child.

An employee's entitlement of leave to care for an adopted, foster care, or newborn child expires at the end of the twelve-month period beginning on the date of the birth or placement.

Employees seeking to use leave under this policy are required to provide thirty (30) days' advance notice of the need to take leave if the need for the leave is foreseeable based on an expected birth or placement of a child, or planned medical treatment for a serious health condition of the employee or of a family member. If thirty (30) days' notice is not practicable under the circumstances, such as because of the lack of knowledge of when leave will begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable. The notice under this Subsection must set forth the reason(s) for the requested leave, the anticipated duration of the leave and the anticipated start of the leave. When planning medical treatment, the employee must consult with his/her department head and make a reasonable effort to schedule the leave so as not to disrupt unduly the department's operations, consistent with the health care provider's medical judgment.

11.

When leave is taken because of the birth or placement of a child or adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only upon approval of the employee's department head. When leave is taken to care for an employee's own serious health condition or for a sick family member, leave may be taken intermittently or on a reduced leave schedule when medically necessary at the employee's request.

12.

An employee requesting service member family leave, leave to care for the employee's seriously ill family member or leave due to the employee's own serious health condition will be required to provide medical certification of the need for the leave before the request will be approved. An FMLA Certification Form will be provided for such purpose. The certification must be provided within fifteen (15) days of the request, or the employee must provide a reasonable explanation for the delay. The City will provide to the employee at or about the time the request for leave is made a certification form to be given to a health care provider for completion. After receiving the completed certification form, the employee will be notified, in writing, of whether the leave qualifies as FMLA leave or whether any clarification or more complete or sufficient responses are needed regarding the information on the submitted FMLA Certification Form before a decision on FMLA leave request can be made. When an employee has taken FMLA leave for the employee's own serious health condition, a doctor's release authorizing the return to work must be provided before the employee will be permitted to return to work.

13.

It is understood that any employee taking family and medical leave pursuant to this Section agrees that he/she will not accept or perform any work for any other employer or engage in any self-employment work activity during his/her leave of absence; if an employee does so, he/she acknowledges that in such circumstances his/her conduct will be deemed to be a violation of the terms of the leave of absence, and that his/her employment with the City will be considered to have been terminated voluntarily on his/her part as of the first day of such a violation.

14.

For the duration of any leave taken under this policy, the City will maintain the employee's health care coverage on the same basis as coverage would have been provided if the employee had not taken leave. If an employee fails to return to work for the City for at least thirty (30) days upon conclusion of leave taken under this policy, the employee shall owe the City the cost of health insurance premiums provided by the City during such absence, except as otherwise limited by law.

15.

When an employee takes leave, which would otherwise qualify as leave under this policy except that the employee has not specifically requested family and medical leave, the time spent on such a leave will be designated as family and medical leave and be counted towards an employee's total number of weeks to which the employee is entitled as family and medical leave. For example, if an employee is on a leave of absence due to a work-related injury or accident (workers' compensation leave of absence), the leave of absence due to the work-related injury or accident will also be designated concurrently as FMLA leave if it otherwise qualifies as FMLA leave.

16.

Extended leaves of absence without pay that are not governed by this policy, (i.e., those for a reason other than those provided herein, or if of the type otherwise covered but which extends beyond the number of weeks allowed hereunder), will be governed by Article X, Section 125.490, Leave of Absence Without Pay, of the personnel rules and regulations for the City.

17.

Any interpretation of this policy and of the benefits and obligations under the Family and Medical Leave Act of 1993 (FMLA) shall be governed by appropriate Federal law and regulations issued under the FMLA.

Personal Leave.

All full-time/active non-exempt employees are eligible to receive personal leave of sixteen (16) hours with pay for each calendar year.

Personal leave shall be credited to each eligible employee on the first pay date of January each calendar year they are employed by the City for the prior year of service. If an employee has not worked a full year, personal leave will be prorated based on time of service. All employees are strongly encouraged to use their personal leave within the calendar year credited but if they are not taken within that time, leave hours will be forfeited. Personal leave may be taken in full or half-day increments, with half-day being defined as one-half (1/2) the employee's scheduled hours for that particular day, at the discretion of the department head and the approval of the Human Resource Office.

VESSA Leave (Victim's Economic Safety and Security Act).

The City recognizes that domestic and sexual violence affects many persons without regard to age, sex, race, educational level, socioeconomic status, religion, or occupation. The Victims' Economic Security and Safety Act ("VESSA") requires the City to make reasonable safety accommodations, in a timely manner, to the known limitations resulting from circumstances relating to being a victim of domestic or sexual violence or a family or household member being a victim of domestic or sexual violence, unless such accommodations would impose an undue hardship on the City. Such accommodations may include an adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, implementation of a safety procedure, or assistance in documenting domestic violence that occurs at the workplace or in work-related settings, in response to actual or threatened domestic violence.

In addition to such accommodations, the City will provide up to two (2) weeks of unpaid leave in any twelve-month period to an employee who victim of domestic or sexual violence or a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence, in order for the employee to address such violence. Such leave is available for the employee to:

Seek medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee's family or household member;

Obtain services from a victim services organization for the employee or the employee's family or household member;

Obtain psychological or other counseling for the employee or the employee's family or household member;

Participate in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic or sexual violence or to ensure economic security; or

Seek legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence.

The City will not discharge, harass, or otherwise discriminate against any qualified employee for the exercise of his/her rights under VESSA or this policy. Further, the use of VESSA leave will not result in the loss of any employment benefit that accrued prior to the start of the employee's leave. Any employee taking leave under this policy shall be entitled to be restored to his/her position upon return, or an equivalent position with equivalent pay and benefits.

The City may require certification that the employee or his/her household member is a victim of domestic or sexual violence, and that the leave requested is for one (1) of the reasons articulated above. The City may request a written statement by the employee requesting a reasonable safety accommodation pursuant to this policy certifying that the requested accommodation is pursuant to VESSA. All information provided to the City pursuant to this policy shall be retained confidentially, except to the extent disclosure is required by law or upon consent of the employee.

Section 125.080 Other Benefits.

[Ord. No. 21-13444, 12-6-2021]

Tuition Reimbursement Programs.

[Ord. No. 24-13938, 4-1-2024]

Tuition Reimbursement Program — All Personnel Except Police Academy Recruits.

Eligibility. Only permanent full-time/active employees (excluding elected officials and Police Academy Recruits) with at least one (1) year of employment with the City shall be eligible to participate in the program; provided, that sufficient funds are budgeted in each fiscal year.

Fees. Course fees or credit hour fees will be reimbursed at the current course fees or credit hour fees rate imposed by East Central College for Associate of Art degrees and the University of Missouri at St. Louis for Bachelor or Masters programs.

Limits. Employees are limited to three (3) courses per semester and nine (9) courses in a calendar year.

Grades. Reimbursement for course fees or credit hour fees will be provided upon successful completion of the course(s). Successful completion means a grade of "C" or better for undergraduate courses under a system of letter grades, "B" or better for graduate courses, or a "Pass" or "Satisfactory" under a Pass/Fail or Satisfactory/Unsatisfactory system. No reimbursement will be provided for unsuccessful completion. Final grades must be submitted with the request for reimbursement to the Human Resource Office.

Unreimbursed Costs. The City will not reimburse employees for costs not covered by course fees or credit hour fees. These include, but are not limited to, parking, transportation and child care. The City will reimburse employees for books and incidental fees such as student activity fees, library fees, health services, etc. Questions concerning reimbursement shall be decided by the Human Resource Office or City Administrator whose decision shall be final.

Attendance. Attendance at courses or classes shall be on the employee's off-duty time unless otherwise permitted by the Human Resource Office.

Approval. Approval of courses for reimbursement purposes must be obtained prior to taking the course. Approval shall require the affirmative recommendation of the employee's department head and the approval of the Human Resource Office. In the absence of the Human Resource Office, the approval of the City Administrator shall be required.

Degrees, Licenses Or Certifications. Employees pursuing courses that lead to a degree, license or certification must submit a complete curriculum description for advanced approval by the Human Resource Office. The curriculum must be kept updated with any changes that occur during the education process. All changes shall be approved by the Human Resource Office.

Job-Related Courses. Individual courses should be job-related and in the employee's field of employment. All courses, regardless of the type or level, must be from an accredited educational institution approved by the Human Resource Office. Courses outside the normal field of employment of the employee, but which are related to other fields of employment with the City, may be approved by the Human Resource Office upon the employee's career development and job opportunities which exist with the City.

Licenses Or Certifications. Courses leading to a license or certification shall be reimbursed by the City; provided, that the license or certification is a bona fide occupational qualification with the City as determined by the Human Resource Office.

11.

Technical Or Vocational Courses. Technical or vocational courses may be approved by the Human Resource Office based on the employee's career development and job opportunities which exist with the City.

12.

Associate Degree. Courses leading to an associate degree shall have applicability to employment opportunities with the City as determined by the Human Resource Office.

13.

Bachelor Degree. Courses leading to a bachelor degree will be reviewed for applicability to employment opportunities with the City and/or generally improved employee education and job performance by the Human Resource Office.

14.

Master Or Advanced Degree. Courses leading to a master degree or other advanced degree must have direct applicability to employment opportunities with the City and the career path available to the employee as determined by the Human Resource Office.

15.

Appeals. Decisions to deny approval of requested courses or degree plans shall be returned to the employee with a written explanation by the Human Resource Office. If the employee is not satisfied with the decision of the Human Resource Office, the employee may appeal, in writing, to the City's Administrator. Appeals shall give reasons why approval should be granted.

16.

Reimbursement Agreement. Employees participating in the tuition reimbursement program shall be required, prior to receiving reimbursement, to execute an agreement that if the employee is terminated voluntarily or involuntarily from employment with the City with or without cause within four (4) years after each reimbursement, the employee will repay the City a prorated amount of the reimbursement with two percent (2%) of the reimbursement forgiven for each full month the employee was a full-time employee with the City prior to the time employment was terminated.

17.

Scholarships Or Grants. Notwithstanding anything contained herein to the contrary, no reimbursement will be provided for any costs covered by grants or scholarships which the employee has received.

II.

Tuition Reimbursement Program — All Police Academy Recruits.

Eligibility. Highly qualified candidates ("Recruit") for the position of Police Officer employed within the City's Police Department (the "Department") while the individual is attending the Police Academy.

Pre-Sponsorship Obligations. If Recruit is not yet employed by the City, Recruit shall:

Complete and submit a full Washington Police Department Employment Application;

Meet all of the minimum requirements established by the State of Missouri, the Department, and the City's Human Resources Department for administrating the employment application process;

Successfully complete all requirements as established in the job description for Police Officer and General Order 2.3 Recruitment and Hiring, for the position for Police Officer;

Pass a Police Academy basic abilities test which is required for enrollment in a Police Academy;

Receive a passing score on a physical agility test from a Police Academy; and

Be hired by the City in order to be eligible for the Sponsorship Program.

In the event Recruit is already employed by the City, Recruit shall be required to meet obligations (b) through (e) above in order to be eligible for the Sponsorship Program.

Salary And Benefits. Recruit, upon being hired by the City prior to attending or while attending a Police Academy will receive an initial annualized base salary at the minimum of the salary grade established for the Non-Commissioned Police Recruit. Recruit will be paid such base salary for all hours Recruit is attending classes at a Police Academy and all hours Recruit works for the City. Recruit will have access to the benefits offered to all full-time employees under the same parameters as other regular full-time employees.

Tuition And Fees. The City will pay for Police Academy costs to include testing fees, tuition fees, book fees, and uniforms for the Recruit. The maximum costs covered by the City shall be equivalent to the current fees for the Eastern Missouri Police Academy.

Reclassification. Upon graduation from a Police Academy and successful completion of the State of Missouri Peace Officer Standards and Training certification examination, Recruit will be reclassified as certified Police Officer and receive an annualized base salary at the minimum of the salary grade established for Commissioned Patrol Officer I.

Probationary Status. Unless Recruit has already completed a probationary status as an employee of the City, upon being hired by the City and while enrolled in a Police Academy, Recruit will be considered appointed to a probationary status. However, the standard probationary period sworn officers must serve begins when Recruit is sworn in by the City, not when Recruit begins a Police Academy. This date will also serve as the seniority date for Department purposes.

Payroll Records. All hours spent attending a Police Academy or performing work for the City must be tracked in accordance with the City payroll system. Pay will be processed in compliance with all City Personnel Policies including payment for overtime.

Sponsorship Program. While Recruit is attending a Police Academy, Recruit shall be required to:

Maintain a cumulative eighty percent (80%) GPA in courses of study at the Police Academy.

Follow all rules and regulations set forth by the Police Academy. Any violation of such rules or regulations could be subject for removal from the Sponsorship Program and constitute a breach of this Agreement.

Work at the Department during any available hours Recruit is not m class at the Police Academy in order to maintain a full-time employment status [forty (40) hours weekly].

Prior to the completion of a Police Academy, Recruit will not be assigned to any position in the City or required to perform any duties in which Recruit is allowed to carry a weapon or is in a position to make an arrest.

Recruit will receive the same orientation as all full-time City employees including access to Department General Orders, City Policies and Procedures, Benefits Introduction, etc. These General Orders fully describe the Departments policies, procedures, rules, and regulations. Upon successful completion of a Police Academy, Recruit will enter into the Departments Field Training and Evaluation Program. It will be the responsibility of the Field Training Officers to train the Recruit in the contents of the General Orders Manual.

Recruits continued employment with the City as a Police Officer is contingent upon Recruits successful completion of the Police Academy.

Work Commitment.

As consideration for City's commitment to sponsor Recruit prior to Recruit graduating from a Police Academy and to commit to employing Recruit in the capacity of a Police Officer in the City after Recruit graduates from the Police Academy, Recruit commits to continue Recruit's employment with the City for a period of four (4) years from the effective date of the Sponsorship Agreement, as described below. Although Recruit is committing to remain employed with the City for a period of four (4) years, the Sponsorship Agreement should not be considered an agreement or commitment by the City to employ Recruit for any fixed duration. The City shall be able to terminate Recruits employment at any time and for any reason at will.

In the event Recruit is terminated or expelled from the Police Academy under any circumstances, or if Recruit becomes ineligible for employment as a Police Officer with the City for any reason, or if Recruit breaches the Sponsorship Agreement, Recruit shall be required to reimburse the City for all Police Academy costs to include testing fees, tuition, book fees and uniforms.

If Recruit resigns from employment with the City under any circumstances or City terminates Recruit's employment with the City for cause before Recruit completes the four (4) year employment commitment, Recruit shall be required to reimburse the City for all Police Academy costs to include testing fees, tuition, book fees and uniforms. Termination for cause under the Sponsorship Agreement shall be termination due to any misconduct, rules violation, violation of General Orders, violation of City Policies and Procedures, or fraudulent or criminal conduct by Recruit.

Employees participating in the Academy Sponsorship program shall be required to execute a Sponsorship Agreement that if the employee is terminated voluntarily or involuntarily from employment with the City with or without cause within four (4) years from the effective date of the Sponsorship Agreement, the employee will repay the City a prorated amount of all Police Academy costs to include testing fees, tuition, book fees and uniforms with two percent (2%) of the total cost forgiven for each full month the employee was a full-time employee with the City prior to the time employment was terminated.

If Recruit fails to achieve State Certification within the three (3) opportunities allowed to pass the State exam, Recruit will be terminated and be required to reimburse the City for all Police Academy costs to include testing fees, tuition, book fees and uniforms.

Uniforms And Clothing Allowances.

The employee shall wear uniform clothing only en route to and from work and while on-duty. Employees required to wear uniform clothing, specifically those individuals readily visible to the general public, will be provided with a clothing allocation as deemed appropriate by the department head. If allocations are provided, the employee shall be required to wear the uniform clothing and to return the full allocation of garments upon separation from City service. The City shall replace uniform clothing damaged through natural wear on the job, but not due to negligence by the employee. Each Law Enforcement Officer shall be paid a uniform cleaning and maintenance allowance reimbursement of up to fifty dollars ($50.00) per month with receipt.

Safety Toe Footwear Allowance.

The City of Washington will ensure that each employee identified in eligible job classifications which specifically identifies "outside" work will wear required footwear when working in areas while performing their job duties. This does not exempt any employee not identified in the policy from wearing footwear appropriate for the job or task they are asked/required to do.

The City of Washington will provide an annual monetary reimbursement allowance of up to one hundred dollars ($100.00) to both full-time and part-time employees in eligible job classifications. Safety toe footwear (steel or composite) shall be required for employees who are exposed to foot injuries from electrical hazards, hot, corrosive, poisonous substances, falling objects, slip and fall hazards, crushing or penetrating actions, which may cause injuries or who are required to work in abnormally wet locations.

Eligible employees identified in this policy are required to wear the required footwear while performing their duties. Failure to wear appropriate footwear may be grounds for disciplinary action, up to, and including termination.

Footwear which is defective or inappropriate to the extent that its ordinary use creates the possibility of foot injuries shall not be worn.

(3)

Employees are to purchase personal protective footwear that is ANSI or ASTM rated to be worn when the potential for foot hazards exists.

(4)

Reimbursement is available up to one hundred dollars ($100.00), per employee, once every fiscal year. Multiple reimbursement requests can be made, provided the total does not exceed one hundred dollars ($100.00) per employee per fiscal year.

Foot hazardous activities can be described as, but not limited to, the following:

Electrical hazards.

Section 125.100 Grievances, Complaints And Appeals.

Hot, corrosive and poisonous substances.

(3)

Falling objects (tools, valves, etc.).

(4)

Crushing or penetrating actions.

(5)

Abnormally wet locations.

(6)

Rolling objects (pipes, material handling devices, etc.).

(7)

Sharp materials at or near floor level.

(8)

Heavy debris that can be kicked (weights, stock, etc.).

(9)

Slip and fall conditions.

Should an employee have their employment terminated, voluntary or involuntary, with or without cause, from the City within one (1) year of their start date, the employee who received any reimbursement from this policy, shall have their reimbursement amount withheld from their final pay check in the amount reimbursed.

Personal Appearance Code.

All employees are required to dress appropriately and professionally for their specific work environment. Each employee is required to exercise good judgment in choosing the appropriate attire for the work which he/she may perform. Hair must be maintained to avoid any safety-related issue. Facial hair is permitted so long as it is neat and well-trimmed. No visible neck or face tattoos are permitted. Piercings are permitted at the discretion of the department head and are consistent with appropriate and professional attire for the specific work environment of the employee. If dress attire is questionable, the employee should consult with his/her department head for further direction. Any employee who reports to work with unacceptable attire may be sent home immediately to change and will not be paid for the absence. Employees should consult the safety rules and regulations contained herein for appropriate attire when job safety is an issue.

Notwithstanding the foregoing, all Police Department employees are subject to the Police Department's personal appearance code as adopted by the Chief of Police.

Retirement Benefits. All full-time/active employees who work more than one thousand five hundred (1,500) hours are eligible to be covered by the City's pension retirement plan. All full-time employees may also contribute their own funds to a City-sponsored deferred compensation plan.

Elected Official/Retired Employee Benefits. All elected officials and retired employees are granted access to the City of Washington's group health insurance program as governed by City ordinance.

City-Owned Vehicle Usage. City-owned vehicles may be provided to employees for performing their job duties. Unless authorized, in writing, by the Mayor or City Administrator, City-owned vehicles shall not be used for personal use.

Section 125.090 Employment Restrictions.

[Ord. No. 21-13444, 12-6-2021]

Residency. All employees are encouraged to maintain a residence within reasonable commuting distance to their respective jobs. All department heads residing outside the City limits of the City of Washington shall reside in such proximity to the City limits to enable the department head to respond within the City limits within a reasonable amount of time.

Ethics.

No person seeking employment or promotion shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for, or on account of, or in connection with an employment test, appointment, proposed appointment, promotion or proposed promotion.

No City employee shall solicit any contribution for the campaign fund of any candidates for a City of Washington office or take part in the political campaign fund of any candidate for a City of Washington office. All employees may exercise their rights as a private citizen to express opinions and if a registered voter in the City of Washington, sign a nominating petition for any City candidate and vote in any City election. Political affiliation, participation or contribution shall not be considered in making any City employment decision. No City officer, employee or member of a board or commission shall use official authority or official influence for the purpose of interfering with or affecting the result of any election to or nomination for a City of Washington office. No City officer, employee or member of a board or commission shall directly or indirectly coerce, attempt to coerce, command, advise or solicit a City employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political or electoral purposes.

No employee of the City while on-duty or while in uniform that identifies the individual as an employee of the City shall:

Canvass on behalf of any candidate, political party or political issue;

Display a political picture, sticker, badge or button;

Attend a political rally, fund-raising function or other political gathering;

Circulate or sign a political petition; or

Serve as an election judge or clerk.

No employee shall place or allow to remain upon a City vehicle used by the employee in the course of employment any political picture, sticker, badge or button.

Nothing in this Chapter shall be construed to restrict an employee's freedom to express an opinion or exercise the right to vote.

No employee of the City shall use City equipment, vehicles, personnel, facilities or resources to promote or help promote any civic, social, business, personal or political candidate, or for any non-City of Washington purpose without the express written consent of the City Administrator.

No employee shall accept or be influenced in his/her duties by an offer of any payment, gift or favor from any source, other than his/her regular compensation from the City. It is particularly important that employees refrain from accepting gifts where it might be construed as evidence of favoritism or unfair advantage relative to any supplier or vendor.

The City will not hire on a full-time or part-time basis a member of the immediate family of an elected City Official or Human Resources Office employee. In addition, no person who is a member of the immediate family of an employee in the same work unit will be hired; a "work unit" is defined as a work grouping where the possibility of one (1) relative directly supervising another may occur. "Immediate family" for the purpose of this Section is defined as spouse, child, stepchild, brother, stepbrother, sister, stepsister, parent, stepmother, stepfather, father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law or grandparent. Any employee who by virtue of his/her employment names or appoints to public office or employment any relative within the fourth degree, by consanguinity or affinity, shall thereby automatically and immediately forfeit his/her office or employment.

Outside Employment.

Employees are permitted to engage in outside employment only after entering into an indemnification agreement acceptable to the City, if required, and after obtaining approval from the City Administrator prior to beginning any work for a particular secondary employer. Any such approval may be revoked at any time in the sole discretion of the City Administrator if a conflict or the appearance thereof occurs subsequent to such approval.

All outside employment shall be subject to the following conditions:

No employee shall take any employment which creates a conflict of interest with the City or employee's own job or gives the appearance of such a conflict of interest or other impropriety.

Outside employment shall not adversely affect the employee's ability to report to the job refreshed and ready for work. No employee shall engage in secondary employment while on sick leave, FMLA leave, unpaid leave or while on workers' compensation leave.

No employee, except salaried employees, shall accept pay or compensation from outside employment for hours worked during the scheduled work hours with the City of Washington.

No employee shall accept employment that requires the use of City equipment, facilities, materials or information not available to the public under applicable open records Statutes.

The City reserves the right to insist upon the execution by any employee of an agreement whereby the employee shall hold the City harmless or indemnify the City regarding any liability which might arise out of the employee's outside employment.

[Ord. No. 21-13444, 12-6-2021]

Grievances And Complaints.

All eligible employees shall utilize the grievance and complaint procedures of this Chapter for any perceived violation of this Handbook, including the prohibitions on discrimination and harassment.

The City follows an open door policy. Employees are encouraged by the City to raise any work-related concerns with their department head.

In addition, it is the policy of the City that all employees be treated in a non-discriminatory fashion. Accordingly, the City requires that all department heads discipline similarly situated employees in the same fashion. At the same time, inasmuch as no two (2) conduct violations are identical in every detail, no exact pattern of corrective discipline is required and the City may deviate from its imposition of discipline whenever it determines that such action is warranted under the circumstances.

Procedures.

Step 1. A grievance or complaint must be taken to the department head within seven (7) calendar days following knowledge of the occurrence. Where possible, the grievance should be settled at this level. If informal discussions do not resolve the issue, the matter shall be documented, in writing, by the employee and be submitted to the department head within three (3) working days. The department head shall have five (5) working days to respond in writing. In departments such as Police, and others where a more involved hierarchy chain of command system is utilized, the department head shall, through written, published departmental rules and regulations, establish which immediate supervisory level shall successively respond to a grievance.

Step 2. In the event that Step 1 does not resolve the situation, the employee may forward all written documentation and appeal to the City Administrator within three (3) working days of receipt of the department head's decision. The City Administrator will provide a decision to the employee within ten (10) working days of receipt of the request. The City Administrator's decision shall be final for all departments, except the Police Department, in which case the Mayor or their designee will be the final decision maker.

Section 125.110 Equal Employment, Anti-Harassment And Non-Discrimination.

[Ord. No. 21-13444, 12-6-2021]

Equal Employment Opportunity, Anti-Harassment And Non-Discrimination Policy. The City believes that every employee has the right to work in an environment free of sexual or other prohibited harassment. It is the policy and practice of the City to provide and promote equal employment opportunities for all applicants and employees. It is the responsibility of all employees to ensure that the concepts of equal employment opportunity and non-discrimination are understood, abided by, and carried out by everyone. Every employee not only has the protections of this policy, but has the responsibility to assist in enforcing it by reporting violations of the policy to the City. Any employee who engages in conduct prohibited by this policy will be subject to disciplinary action, up to and including termination. The City will not knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri. "Unauthorized alien" means an alien who does not have the legal right or authorization under Federal law to work in the United States, as defined in 8 U.S.C. § 1324a(h)(3).

It is the policy of the City to hire, train, promote, compensate, and administer all employment practices without regard to age, race, color, genetic information, pregnancy, national origin, ancestry, religion, sex, sexual orientation, gender identity or disability unrelated to the ability to perform a job. Discrimination or harassment on any of the grounds stated above is strictly forbidden and will not be tolerated. Because of the City's zero tolerance of offensive or inappropriate sexual behavior at work, all employees must avoid any action or conduct that could be viewed as sexual harassment. The City will take appropriate measures in response to any such incidents which are known by or reported to management or the Human Resources Office.

Conduct Constituting Prohibited Sexual Harassment. Under guidelines published by the Equal Employment Opportunity Commission, "unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature" constitute unlawful harassment in the following instances:

When submission to such conduct is made either explicitly or implicitly a term or condition of employment; or

When submission to or rejection of such conduct by an individual is used as a basis for any employment decision (e.g., promotion, wage increase, termination) affecting such individual; or

When such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile or offensive working environment.

The following are illustrative of conduct that the City of Washington condemns and prohibits under this policy:

It is sexual harassment for any person to condition a benefit such as a certain salary or promotion on the granting of sexual favors or the establishment or continuance of a personal relationship, or to imply to an employee that an award of such a benefit is conditioned upon the granting of sexual favors or the establishment or continuance of a personal relationship.

Section 125.120 Wireless Telecommunications Usage Policy.

It is also sexual harassment for any employee to state or imply that another employee's performance is attributable in whole or in part to the sex of that employee.

Sexual harassment may involve such matters as crude sexual jokes or sexual names; sexually suggestive, profane language; offensive sexual flirtations and innuendos; a display of obscene or pornographic material; sexual advances; grabbing or touching another individual; or other, similar demeaning and insulting behavior based on sex. Employees of the City should be aware that the issue of whether conduct constitutes sexual harassment or discriminatory conduct may depend on how that conduct is viewed by the employee who is subjected to the conduct. Any employee who initiates or persists in this prohibited conduct assumes the risk of violating this policy in the event that the person who is the object of the conduct views it as offensive; accordingly, such an employee may be subject to discipline even if the conduct might not have been intended as offensive.

Discriminatory epithets based on race, ethnicity, sex, sexual orientation, gender identity, religion, age or disability are prohibited by the City. The following are illustrative of conduct the City condemns and prohibits under this policy:

It is prohibited for any employee to bring any item to the work premises for purposes of a racial, ethnic, sexual, religious, gender-related (including gender-identity-related), sexual orientation-related, age-related or disability-related joke or epithet.

It is also prohibited for any employee to use City property, bulletin boards, e-mail or voice mail systems, or documents for purposes of a racial, ethnic, sexual, religious, gender-related (including gender-identity-related), sexual orientation-related, age-related or disability-related joke or epithet.

It is also prohibited for any employee to deface City property or the personal property of anyone else for purposes of a racial, ethnic, sexual, religious, gender-related (including gender-identity-related), sexual orientation-related, age-related or disability-related joke or epithet.

It is also prohibited for any employee to utter or use any racial, ethnic, sexual, religious, gender-related (including gender-identity-related), sexual orientation-related, age-related or disability-related jokes or epithets at work, or when referring to or about any other person, be they an employee or a non-employee.

Procedure Upon Occurrence Of Prohibited Conduct. Any employee who believes he/she has been subjected or exposed to any harassment or other conduct prohibited by this policy has the right to have such activity terminated immediately. Complaints must be made promptly to the Human Resource Office. Complaints shall be treated in a confidential manner to the extent reasonable. Retaliation of any form against anyone who complains pursuant to this policy is strictly prohibited. A prompt and thorough investigation shall be conducted concerning any complaint. If the investigation leads to a determination that the charges are true or there has been any improper conduct, corrective action will be taken immediately. Such action may include termination of employment for anyone violating this policy. In the event of any complaint against the City Administrator, the Human Resource Office shall investigate such complaint and issue a report of the complaint and summary of the investigation of the complaint to the Mayor and City Council for their review and determination of appropriate action to be taken against the City Administrator.

Americans With Disabilities Act Policy. It is against the policy of the City to discriminate against qualified individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of a job. It is the policy of the City, where possible and readily achievable, to make existing facilities used by employees readily accessible to and usable by individuals with disabilities, as defined by Federal and State law. However, there may be instances where the City is not aware that an employee has a disability which might impact on an aspect of his/her employment or whether an existing facility is accessible to and usable by individuals with disabilities. It is incumbent upon any job applicant or employee to alert the City as to the existence of a disability which the job applicant or employee believes needs to be accommodated so that he/she will enjoy and be afforded equal employment opportunity in the workplace. The City is committed to making reasonable accommodations in job duties, the work environment, and the application process to enable a qualified person with a disability to enjoy equal employment opportunities, so long as such accommodations do not constitute an undue hardship and do not present a direct threat to the health and/or safety of the individual employee with a disability or others.

An employee should advise the Human Resource Office of the existence of a disability which the employee believes needs to be accommodated. The City will attempt to work with the employee to determine if the employee's disability can be reasonably accommodated. This process may require that the employee provide medical documentation to support the requested accommodation, or may require that the employee submit to a medical examination in order to ascertain the employee's limitations and abilities. 4. The Genetic Information and Non-Discrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, the City asks that employees not provide any genetic information when responding to a request for medical information. "Genetic information" as defined by GINA, includes an individual's family medical history, the results of genetic services sought or received by an individual (employee) or an individual's family member, and genetic information of a fetus carried by an individual (employee) or an individual's family member or an embryo lawfully held by an individual (employee) or family member receiving assistive reproductive services.

[Ord. No. 21-13444, 12-6-2021]

Assignment Of Equipment. The City may provide wireless telecommunications equipment to employees who as part of their employment have a regular and continuing business need for its use. Such wireless telecommunications equipment may include cellular telephones and tablets. Employees may be assigned wireless telecommunication equipment by a department head when their duties are determined to require frequent mobility but be readily accessible and/or when their duties require them to be available for emergency responses or consultation after normal business hours. Assignment of wireless telecommunication equipment to an employee may be withdrawn at any time at the discretion of the City Administrator and department head.

Purchasing Of Equipment. Wireless telecommunication equipment must be obtained with the approval of the City Administrator. Only the City Administrator has the authority to enter into contracts for service. Department heads should work with the City Administrator to determine the type of equipment that best suits the need, identify the appropriate service vendor, and take advantage of the most cost-effective service contract and features.

Personal Use Of Equipment. Personal use of City assigned wireless telecommunication equipment is permitted during normal business hours. Personal use should be subject to the same limitations as that of a land line. Such calls, e-mails or texts should be infrequent and brief and made on the employee's own time, such as during breaks or lunch. Personal use outside of normal business hours is permitted so long as the employee reimburses the City for any additional charges incurred.

No Expectation Of Privacy. Employee communication via City-issued wireless telecommunication equipment at all times cannot be considered private. No employee shall have any expectation of privacy in the use of the equipment, and no employee shall use the equipment for any type of communication that is offensive, illegal, inappropriate, or in violation of any City or departmental policy.

Financial Responsibility. Employees may be financially responsible for assigned wireless telecommunication equipment if the equipment is lost or damaged as a result of the employee's negligence or not returned within a specified period of time.

Use Of Equipment While Driving. Wireless telecommunications equipment use should not occur while driving a City vehicle. This does not apply to employees whose job responsibilities include being in contact with dispatch such as Police, Fire and Emergency Management. Where possible, employees should send or receive communications when the vehicle is not in motion or use a hands-free device. Telecommunications equipment features such as pre-programming numbers, speed dial functions, and voice mail should be set up. Under no circumstances shall any employee while driving a City vehicle review any text message, instant message or e-mail or create or send any text message, instant message or e-mail.

Employee-Owned Equipment. Departments may restrict employee-owned wireless telecommunications equipment during the workday and ban them from job sites. Departments may develop additional wireless telecommunications equipment policies and procedures for City-assigned equipment to meet specific departmental needs. An employee may provide his/her supervisor with his/her personal cell phone number. Supervisors may contact an employee on his/her personal cell phones during work hours for work-related business which cannot be conducted through City-owned equipment. In addition, supervisors may contact employees on their personal phones after hours for purposes of coordination of schedules, and such communications shall not constitute time "worked."

Emergency Contact Information. Employees whose job responsibilities may require them to be contacted after hours in emergency situations should supply the City with contact information, including the numbers of any wireless telecommunications devices they might regularly carry. Such information should not be considered to make the employee on-call or result in additional compensation outside of what may be required under State or Federal law.

Section 125.130 Acceptable Use Of Technology.

[Ord. No. 21-13444, 12-6-2021]

Applicability. The computer system, network, Internet and e-mail access is the infrastructure which must be monitored and protected. This policy applies to all employees and any other individuals who are provided access to the City's computer system. Third parties should only be provided access to the computer system as necessary for their business purpose with the City and only if they abide by all applicable rules.

Computers.

The hardware and software that make up the City's computer system and all data on the system are the property of the City. All data, including electronic messages within the system, are the property of the City and may be public records for the purpose of retention or accessible via Missouri's Sunshine Law and Public Records Law. The City purchases, owns, and administers the necessary software and licenses and employees may not rent, copy or loan the software or its documentation.

Computers may not be relocated to another office without the permission of the City Administrator. Employees may not bring in any personal computer or other device to connect to the system without the permission of the City Administrator.

No software, applications, or modifications may be downloaded or made to City-owned equipment.

Employees should have no expectation of privacy in their use of any City-owned equipment or computer system. The City may at any time monitor, retrieve or recreate any files, calendars or computer communications of any employee. Employees' activities on computer devices are subject to review at any time.

Employees who leave employment with the City have no property rights to contents of their e-mail messages or computer files.

E-Mail/Texts. The e-mail system is provided by the City for the purpose of internal and external business-related communication. The system and all electronic messages within the system are the property of the City of Washington. Texts sent through City-provided cell phones are also the property of the City of Washington, and employees should have no expectation of privacy regarding such messages.

E-Mail/Text Etiquette. Employees should be aware that while e-mail and texting is a quick and convenient method of communication, once sent the e-mail/text can be viewed potentially by the public, so sending or forwarding of e-mail/text messages should be carefully considered for appropriateness and good judgment.

Prohibited Uses Of E-Mail/Texts. The following e-mail/text uses, including sending or forwarding communications, are expressly prohibited:

Communications that are disruptive, offensive, abusive, threatening or exceed the bounds of generally accepted standards of good taste and ethics.

Communications of sexually explicit images or messages.

Communications that contain anything that might reasonably be construed as harassment or disparagement of others based on race, color, pregnancy, national origin, ethnicity, ancestry, sex, sexual orientation, age, gender identity, sexual orientation, disability (including perceived disability) or religious beliefs (except as may be specifically required as part of Police reporting procedures, including the statements of other parties).

Solicitation for commercial ventures, religious or political causes.

Any other use that may harm or compromise the integrity of the City or be otherwise inappropriate to the City's organizational philosophy.

Intercepting, eavesdropping, recording, or altering another person's e-mail/text message without authority.

Attempting to send e-mail/texts anonymously or adopting the identity of another person on any e-mail/text message, or using another person's login, other than with permission.

Sending, downloading, or using information or software in violation of copyright law.

Engaging in personal commercial activities, including offering services or merchandise for sale.