[CC 1997 §2-163]
A.
Employee's Record. The department head shall be responsible
for maintaining a current and accurate file on each employee under
his/her direction. Department heads shall maintain time sheets for
all personnel and will submit same to the City Clerk. Personnel files
shall be kept for no less than five (5) years from the date of separation.
1.
Information to be included. The following information
is required by Part 516, FLSA to be maintained within each employee's
personnel file:
a.
Name of employee in full;
b.
Home address including zip code;
c.
Date of birth, if under nineteen (19);
d.
Sex;
e.
Occupation (job classification);
f.
Time of day and day of week on which the employee's workweek begins;
g.
Daily and weekly hours of work;
h.
Regular hourly rate of pay in any workweek (used as a base rate to
calculate overtime pay or compensatory time);
i.
Total daily or weekly straight time earnings;
j.
Total overtime compensation for any workweek;
k.
Total additions to or deductions from wages paid;
l.
Total wages paid each pay period;
m.
Date of payment and the pay period covered by the payment;
n.
Employee's anniversary date (day, month, year);
o.
Employee's attendance record;
p.
Records of accumulated vacation leave and sick leave;
q.
Records of benefits accruing to the employee;
r.
Documents regarding the employee's status — reprimands, commendations,
legal actions, resignations, and such other documentation that is
relevant;
s.
Relevant medical information that may effect the health and welfare
of other employees.
2.
The City shall designate a repository for all personnel files and
records as deemed necessary. Personnel files will be maintained as
confidential and information will be revealed to only those persons
who submit a written request and who have a reasonable and documented
"need to know".
3.
Salary ranges, position classification, and basic employment information
shall in all cases be made available to the public on request at reasonable
times.
B.
Probationary Period.
1.
Each employee receiving an appointment or promotion to a position
in City service must serve a probationary period of six (6) months
before the appointment or promotion shall be considered permanent.
During the employee's six (6) month probationary period, the employee's
work habits, abilities, attitude, promptness and other pertinent characteristics
will be observed and evaluated by the supervisor, department head
and other appropriate City Officials. If the probationary employee
fails to meet required standards of performance, such employee is
to be dismissed, or if he/she is a promoted regular employee, the
employee may be restored to the position from which he/she was promoted
or to a comparable position. During the probationary period, the employee
is not eligible for employee fringe benefits, such as sick leave and
vacation, but will earn credit for those to be taken at a later date.
Wages for designated holidays falling within the probationary period
will be paid to probationary employees.
2.
If at any time during the probationary period the department head
determines that the services of the employee have been unsatisfactory,
the employee may be separated from the position without the right
to appeal or a hearing. The department head shall notify the employee
in writing at least seven (7) calendar days before the effective date
of separation of the reasons for the separation.
3.
At the end of the probationary period, if there is reason to believe
that the employee may develop the ability to perform satisfactorily
by an extension of the probation period, the department head may grant
an extension, not to exceed sixty (60) days.
4.
At the end of the employee's six (6) month probationary period, the
department head shall complete a probationary report and notify the
Mayor that either:
a.
The employee has successfully completed the probationary period and
is capable of performing the duties or position satisfactorily, and
henceforth to be considered a regular employee with all rights and
privileges due such employee; or
b.
The employee has not demonstrated ability to perform satisfactorily
the duties of the position and is to be separated from City employment,
or if promoted from another position returned to the previous or a
similar classification.
C.
Hiring Of Relatives. Two (2) members of an immediate family
shall not be employed under the same supervisor; neither shall two
(2) members of an immediate family be employed at the same time, regardless
of the administrative department, if such employment will result in
an employee supervising a member of the immediate family. This policy
applies to promotions, demotions, transfers, reinstatements, and new
appointments. "Immediate family" is defined as wife,
husband, mother, father, brother, sister, son, daughter, mother-in-law,
father-in-law, son-in-law, daughter-in-law, grandparents, grandchildren,
stepmother, stepfather, brother-in-law, sister-in-law, uncle and aunt.
If two (2) employees in the same department subsequently marry, one
(1) of them must resign within a reasonable length of time.
D.
Seasonal And Temporary Employees. Unless otherwise specifically
included herein, no seasonal or temporary employee shall be entitled
to sick leave, vacation, insurance benefits, or similar employee benefits.
E.
Performance Of Employee. All City employees will be informed
at the time of employment of their duties and responsibilities and
will be expected to perform them as efficiently and effectively as
possible. Also, City employees must conduct themselves in a proper
manner at all times, because many citizens will evaluate their municipal
government on their observation of the City employee. When an employee's
performance becomes unsatisfactory, the supervisor has the responsibility
and obligation to explain the deficiencies to the employee. The immediate
supervisor will explain the deficiency in a constructive, helpful
manner in order to prevent bruised feelings and damaged egos. Except
where appointed boards and department supervisors are utilized, the
Mayor and Board of Aldermen have the ultimate responsibility regarding
the dismissal of employees. Each employee has the right to appeal
the decision.
F.
Residence. Employees of the City of Branson West shall not
be required to live within the City limits, but they are encouraged
to do so. This suggestion is intended to foster a greater interest
in and concern for the welfare of the community on the part of the
City employees. At the time of appointment, promotion, demotion, etc.,
if all other factors are equal, City residents shall be given favorable
preference.
G.
Dress Code. All City employees shall comply with a City
dress code. The department head may establish a reasonable dress code
for employees under his/her direction at his/her discretion with the
approval of the Board of Aldermen.
H.
Outside Employment. No full-time employee in the City service
shall accept outside employment, whether part-time, temporary or permanent,
without prior written approval from the department head. Each change
in outside employment shall require separate approval. Approval shall
not be granted when such outside employment conflicts or interferes,
or is likely to conflict or interfere, with the employee's municipal
service. Employees may not engage in any private business or activity
while on duty. No employee shall engage in or accept private employment
or render any service for private interest when such employment or
service is incompatible or creates a conflict of interest with official
duties.
I.
Conflict Of Interest. No employee shall engage in any activity
or enterprise which conflicts with his/her duties as a City employee
or with the duties, functions, and responsibilities of the department
in which he/she is employed. The following activities shall be considered
a conflict of interest with City employment:
1.
Any employment, activity or enterprise which involves the use, for
private gain, of the City's time, facilities, equipment or supplies.
2.
Involves the receipt or acceptance of any money or other consideration
from anyone other than the City for performance of an act which would
be expected to be rendered in the regular course of City employment
or as part of the duties of a City employee.
3.
Involves so much of the employee's time that it impairs his/her attendance
or efficiency in the performance of his/her duties as a City employee.
J.
Health And Safety. City employees have a right to work in
a safe environment and the City must help in preventing injuries to
employees and others.
If an employee is on medication or under a doctor's care for
any reason that could effect the employee's operation of machinery,
equipment, or other job duties, the employee must inform his/her supervisor
of his/her condition. It is also the employee's responsibility to
immediately report any injury, no matter how minor, to his/her supervisor.
The supervisor must report the injury to the City Clerk as soon as
possible after the injury. Failure to report a health or injury condition
may subject the employee to disciplinary action.
K.
Physical Examinations Required. All employees are required
to have a standard pre-employment physical examination prior to employment
with the City. The costs of the physical examination are to be paid
by the City Treasurer at a medical doctor of the City's choice, after
approval of the Board of Aldermen. The employee is to return the sealed
medical report to the department head for review before the employee
will be hired. Any employee injured on the job is required to seek
medical attention immediately. All employees are required to notify
their department head of any injuries which are job related. Such
notification is required to take place as soon as possible after the
injury has incurred.
[CC 1997 §2-164; Ord. No. 44-2007 §1, 11-13-2007; Ord. No. 70-2009 §1, 4-14-2009; Ord. No. 91-2010 §1, 4-22-2010]
A.
Salary Review. In an effort to pay all employees on a fair
and equitable basis, August first (1st) of each year has been designated
by the Mayor and Board of Aldermen as the date for annual salary review.
The salary of regular employees will not be less than set by the current
Fair Labor Standards Act.
B.
Pay Period And Pay Day. Employees shall be paid every other
Wednesday, with the time for the pay period ending on the preceding
Saturday at Midnight.
C.
Starting Salary. A new employee normally will enter employment
at the minimum rate of pay for the position in which he/she is employed.
In the case of difficulty in finding qualified personnel or in the
hiring of an exceptionally qualified person, the starting salary may
be at a higher rate. Any exception to this policy first must be approved
by the Board of Aldermen.
D.
Salary Increases. Salary increases shall not be routine
or automatic, providing that an employee assigned full-time status
following completion of a probationary period may be granted a one
(1) step salary increase. The City Clerk shall be required to keep
adequate records of all persons employed, their pay scale, time worked,
accrued vacation and sick leave, all absences for vacation and sick
leave accrued, accrued overtime and all absences for other reasons.
E.
Rates Of Pay. Hourly rates of pay for personnel paid on
a monthly salary shall be completed by multiplying the monthly rate
of pay by twelve (12) and dividing by two thousand eighty (2,080)
(fifty-two (52) weeks times forty (40) hours). Net pay shall be computed
by subtracting applicable deductions.
F.
Salary Advances. It is the policy of the City that no advance
in future wages, including accrued annual leave, shall be made (except
in cases of resignation or dismissal).
G.
Salary Adjustments To Evaluations. It is the general policy
of the City that employees receive salary adjustments on the basis
of an objective evaluation of their performance and that allocation
of "general" or "cost of living" increases to all employees without
consideration of their performance is not in the best interest of
the City and its employees. However, to remain continuously competitive,
the salary structure shall recognize changes in the cost-of-living
and other variables through adjustments in the salary grade table
or reclassification of positions (up or down). It shall be the responsibility
of the Board of Aldermen or the appropriate board to determine annual
adjustment to the salary grade table on the basis of his/her analysis
of the following general trends:
H.
Hours Of Work. The normal workweek shall be forty (40) hours
consisting of eight (8) hour workdays, except that of the Police Department
which shall consist of a forty (40) hour workweek. No employee shall
be permitted to work in excess of forty (40) hours per week except
when an emergency exists or overtime work is necessary to carry out
normal and essential services of the City and is assigned by an employee's
immediate supervisor.
I.
Sick Leave. All full-time City employees shall earn sick
leave with full pay at the rate of one (1) workday for each calendar
month of service. Sick leave shall accrue from the date of employment,
but shall not be taken until the successful completion of the six
(6) month probationary period except with permission of the Mayor
or Board of Aldermen. Sick leave may never be taken in advance of
earning the time. Sick leave may be accumulated up to sixty (60) days.
An employee may be eligible for sick leave for the following reasons:
1.
Personal illness or physical incapacity.
2.
Quarantine of an employee by physician.
3.
Illness in the immediate family requiring the employee to remain
at home.
An employee who is unable to report for work because of the
above reasons shall report the reason for his/her absence to the supervisor
within four (4) hours from the time he/she is expected to report for
work. Sick leave with pay shall not be allowed unless such report
has been made. Sick leave with pay in excess of three (3) working
days shall be allowed only after presenting a written statement by
a physician certifying that the employee's condition prevented the
employee from appearing for work.
An employee terminating from the City service shall not be allowed
the use of sick leave in the last two (2) calendar weeks of employment.
Unused sick leave will not be compensated for in any way at the time
of resignation or dismissal of an employee. Abuse of the sick leave
privilege can result in dismissal.
4.
Pregnancy. As required by the 1978 amendments to
Title VII of the Civil Rights Act of 1964, pregnancy and pregnancy-related
conditions shall be treated the same as any other illness or short-term
disability.
J.
Emergency Leave. Emergency leave shall be at the discretion
of the department supervisor.
K.
Funeral Leave. Funeral leave may be granted to an employee
at the discretion of the department supervisor.
L.
Leave Related To Workers' Compensation. Leave under this
Subsection applies to any employee who sustains an injury in the course
of performing his/her assigned duties or who incurs an occupational
disease compensable under the Missouri Workers' Compensation as prescribed
by the Missouri State Statutes and not by the City of Branson West.
After receiving initial treatment, the injured employee and the City
Clerk shall complete an "on-the-job" injury report and forward it
to the company carrying the insurance on the City. An employee who
is injured in the performance of his/her job will be granted leave
with pay on the day the accident occurs in order to obtain medical
treatment. Any bills for medical and hospital expenses received by
the employee shall be forwarded to the City Clerk for processing and
proper distribution. All matters regarding coverage or claims should
be referred to the City Clerk. Provisions as to injury time off, sick
leave, with or without pay shall be subject to variance in accordance
with compliance with Workmen's Compensation laws of this State.
M.
Extended Leave. In cases of prolonged illness or injury
which extend beyond accumulated sick leave, an employee may obtain
a leave without pay, not to exceed six (6) months, when approved by
the Board of Aldermen or appropriate board.
N.
Holiday Observances.
[Ord. No. 2-2019, 4-16-2019]
1.
All regular full-time employees of the City shall receive normal
compensation for the legal holidays listed below and any other day
or part of a day during which the public offices of the City shall
be closed by special proclamation of the Mayor with approval of the
Board of Aldermen. The Board of Aldermen shall retain the right to
determine which traditional and non-traditional days of each year
that will be considered paid holiday leave. Normally the holiday schedule
will be those holidays observed as follows:
New Year's Day, January 1
Martin Luther King Day, third (3rd) Monday in January
Presidents' Day, third (3rd) Monday in February
Good Friday, Friday before Easter
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first (1st) Monday of September
Columbus Day, second (2nd) Monday of October
Veterans' Day, November 11
Thanksgiving Day, last Thursday in November
Friday after Thanksgiving
Christmas Eve, December 24
Christmas Day, December 25
New Year's Eve, December 31
2.
It shall be the policy of the City to insure that all regular 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 regular employees working forty (40) hour week, Monday through
Friday. For this group 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.
3.
For regular employees whose workweek is other than Monday through
Friday, the department head may require employees to work on holidays
that are normally granted to other employees of the City or may allow
the employees to take the time off and be compensated at regular pay.
If the holiday falls on an employee's scheduled day off, the employee
shall be compensated for the holiday at regular pay. Whenever an employee
is required to work on a holiday that is normally granted to other
employees of the City, the employee shall receive equal time off during
the following thirty (30) days; however, if the employee does not
take the equal time off during the thirty (30) days following the
holiday, the employee shall forfeit the time off and shall instead
be paid time and a half (1½) for the time worked on the holiday.
The selection of time off shall be jointly made by the employee and
the department head but must be made to best serve the needs of the
City.
4.
Any employee absent without authorized leave on the day preceding
and/or the day following a holiday shall not receive regular compensation
for the holiday.
O.
Vacation.
1.
Vacation is a substantial benefit to regular full-time employees
of the City, and is important to their health and welfare and well-being.
Every employee in the City service holding a permanent status position
and having occupied such position for a period of twelve (12) consecutive
calendar months shall be allowed annual vacation leave with pay.
2.
Vacation leave shall be granted on the basis of the number of regularly
scheduled hours in the standard work or duty week to which the employee
is assigned at the time of vacation. After the first (1st) year of
employment, the employee earns one (1) week of vacation (forty (40)
hours). After the second (2nd) year of employment, employees earn
two (2) weeks (eighty (80) hours) of vacation. After the ninth (9th)
year of employment, the employee earns three (3) weeks (one hundred
twenty (120) hours) of vacation. After the fifteenth (15th) year of
employment, the employee earns four (4) weeks (one hundred sixty (160)
hours) of vacation.
3.
Vacation leave will be authorized only after it has been earned and
it must be taken within one (1) year of its accumulation or carried
over as unused vacation as noted below. In the event a holiday falls
within an employee's scheduled vacation, he/she shall be cleared with
the department supervisor before it is scheduled. Employees will be
compensated for all unused vacation accumulated that year, in case
of resignation or dismissal from City employment.
4.
Part-time employees will not receive vacation time.
5.
If an employee is ill or injured and needs and desires to use accrued
vacation leave along with sick leave, he or she may do so with the
understanding that accrued vacation leave cannot be used in excess
of what is remaining and due.
[Ord. No. 13-2020, 11-10-2020]
6.
Employees will be allowed to carry over up to eighty (80) hours of
unused vacation if the vacation is not used before their anniversary
date. The vacation time that is carried over must be taken during
the following year or the time will be lost.
[Ord. No. 13-2020, 11-10-2020]
P.
Maternity Or Family Leave. Maternity leave is to be used
when an employee is unable to perform the duties of his/her position
due to pregnancy or recovery of the employee or spouse. Upon approval
of the department head, the employee will be granted a leave with
pay by use of the employee's accumulated sick leave and vacation.
If additional time is required, the employee may request a leave without
pay. Within thirty (30) days after the employee knows that she is
pregnant, she shall forward to her department head a memorandum stating
the name of her physician and the anticipated day of delivery. Thirty
(30) days after termination of pregnancy, the employee will return
to work, unless additional leave is granted by the Board of Aldermen
or otherwise be terminated.
Q.
Leave Of Absence.
1.
In addition to leaves authorized above, a department head may authorize
an employee to be absent without pay for personal reasons for a period
or periods not to exceed ten (10) working days in any calendar year.
Extended leaves of absences without pay may be granted to an employee
under special circumstances. This leave shall be for not more than
thirty (30) days. Approval in advance must be obtained from the Board
of Aldermen.
2.
Employees shall be allowed two (2) personal days each year with pay.
These must be authorized by the department head in advance. They are
not to be accumulated and can be used only during the calendar year
in which they are earned.
R.
Jury Duty And Court Appearance. Employees absent for jury
duty will be paid their regular salary. Employees will be paid their
regular salary for court attendance required by subpoena for City
business; except Police Officers may be required to attend Municipal
Court in the line of duty.
S.
Group Insurance Participation. All employees (except part-time
and seasonal employees who work less than thirty-two (32) hours per
week) are eligible for participation in the City's group insurance
program.
T.
Workers' Compensation. All employees of the City are extended
Workers' Compensation insurance coverage including part-time, seasonal,
and temporary employees. This provides for payment of medical expenses
and compensation to the employee who receives an injury in the course
of his/her employment. All claims must meet the requirements of the
Workers' Compensation laws of this State.
U.
Layoffs.
1.
Layoffs will be based on relative efficiency and any employee affected
through no fault of his/her own shall be eligible for re-employment
when the reason for the layoff no longer exists.
2.
Order of layoff. The following factors shall be
considered:
a.
Efficiency of employee as demonstrated on job.
b.
Needs of the City.
c.
Nature of the work or project to be curtailed.
d.
Length of service to the City.
e.
Whether or not employee can be transferred to another department,
or another class.
f.
Whether employee is full-time, part-time, seasonal or temporary.
|
If there is not substantial difference in the factors to be
considered, the length of service with the City shall be the determining
factor when determining which of two (2) employees should be laid
off.
|
3.
Notice of layoff. A notice of layoff to the employee
will be given as far in advance as practical and in no case less than
three (3) days prior to the effective date, and shall state the possibility
of re-employment and/or the expected date of re-employment, and any
other information deemed necessary by the Board of Aldermen.
4.
Re-employment. All other factors being equal, an
employee will be re-employed in the reverse order of the layoff.
V.
Overtime.
1.
The standard workweek for employees other than department heads shall
be five (5) days and forty (40) hours. Department heads should work
those hours necessary to assure the satisfactory performance of their
departments, but not less than forty (40) hours per week. The department
head shall assign to each employee regular work duties and responsibilities
which can normally be accomplished within the established workday
and workweek. However, occasionally some overtime work may be necessary
for proper performance of work duties and responsibilities. For department
heads or other salaried employees, any work over forty (40) hours
per week is considered part of their job responsibility and does not
justify overtime pay.
2.
When regular, classified employees are required to work extra or
prolonged shifts, the department head shall authorize overtime pay
which shall be one and one-half (1½) times the regular rate
of pay. An employee who has left the normal place of work for home
and is called back for overtime work shall be paid overtime in accordance
with the Section above, and shall receive a minimum payment equal
to at least two (2) hours pay.
[CC 1997 §2-165; Ord. No. 1206 §2-165(d), 3-24-1998]
A.
Return Of City Property. An employee leaving the City service,
whether through resignation, retirement, layoff, or dismissal, is
responsible for returning any City property which he/she may have
in his/her possession. Upon termination, such property must be returned
to the head of the department from which the employee is terminating
before receiving his/her final check. Any expenses incurred by the
City due to loss or damaged property or failure to return City property
shall be deducted from the employee's final check.
B.
What The Employee Can Expect Of The Employer.
1.
The opportunity for promotion will be extended to all employees before
a new employee is hired for any position. No employee will be hired
for any position within the City without first considering the qualifications
of any employee interested in the vacancy and from whom the position
does indeed represent a change in position and classification.
2.
Promotions, transfers, and demotions and other decisions affecting
employees will in no case be made on the basis of race, color, religion,
sex, national origin or age.
3.
The employee can expect the opportunity to review personnel records
with the department head during normal working hours. No personnel
record can be removed from the personnel files.
C.
What The Employer Shall Expect From Each Employee.
1.
To respect, and protect the rights, properties and interest of the
City.
2.
To respect and protect the rights and properties of all fellow employees.
3.
To initiate suggestions or recommendations through proper channels
for improvement in any of the working environment of City activities.
4.
To accept and fulfill the responsibilities and obligations of the
job as planned and assigned by each employee's immediate supervisor.
5.
To give adequate notice whenever possible of anticipated employee
initiated termination of employment.
D.
(Reserved)
E.
Conduct, Work Habits, Attitude. It shall be the duty of
each employee to maintain high standards of conduct, cooperation,
efficiency and economy in their work with City service. Whenever work
habits, attitude, production or personal conduct of any employee falls
below a desirable standard, supervisors should point out the deficiencies
at the time they are observed. Corrections and suggestions should
be presented in a constructive and helpful manner in an effort to
elicit the cooperation and goodwill of the employee. Whenever possible,
oral and/or written warning with sufficient time for improvement shall
precede formal discipline.
F.
Discipline Policy. It shall be the duty of all City employees
to comply with and to assist in carrying into effect the provisions
of the City's personnel rules and regulations. No permanent employee
shall be disciplined except for violation of established rules and
regulations, and such discipline shall be in accordance with procedures
established to the personnel rules and regulations.
1.
Employee's and supervisor's responsibilities.
a.
It is the duty of every employee to attempt to correct any faults
in performance when called to their attention and to make every effort
to avoid conflict with the City's rules and regulations.
b.
It is the duty of every supervisor to discuss improper or inadequate
performance with the employee in order to correct the deficiencies
and to avoid the need to exercise disciplinary action. Discipline
shall be, whenever possible, of an increasingly progressive nature,
the step of progression being:
2.
Grounds for action. The following are declared to
be grounds for demotion, suspension, or removal of any permanent employee:
a.
Conviction of a felony or other crime involving moral turpitude.
b.
Acts of incompetence.
c.
Absence without leave.
d.
Acts of insubordination.
e.
Intentional failure or refusal to carry out instructions.
f.
Misappropriation, destruction, theft, or conversion of City property.
g.
Refusal or neglect to pay just debts. Maintenance of effort to pay
debts must be shown to clear employee of neglect charges.
h.
Employee subsequently becomes physically or mentally unfit for the
performance of his/her duties.
i.
Acts of misconduct while on duty.
j.
Willful disregard of orders.
k.
Habitual tardiness and/or absenteeism.
l.
Falsification of any information required by the City.
m.
Failure to properly report accidents or personal injuries.
n.
Neglect or carelessness resulting in damage to City property or equipment.
o.
Repeated convictions during employment on misdemeanor and/or traffic
charges.
p.
Introduction, possession, or use on City property or in City equipment
of intoxicating liquors, or proceeding to or from work under the influence
of liquor.
3.
Employee notice. A written notice shall be given
to each employee stating the reasons for the disciplinary action and
the date it is to take effect. The notice is to be given to the employee
at time such action is taken and in any event not later than three
(3) working days from date shall serve as prima facie evidence of
delivery.
4.
Probationary employee. Any probationary employee
may be suspended, reduced in pay or class, or removed at any time
by the department head or Mayor. Probationary, temporary, seasonal
part-time employees shall not have the right of appeal from such action.
5.
Permanent employees. All permanent employees holding
positions in the City service may be suspended for a period of not
to exceed thirty (30) working days, reduced in pay or class, or removed
for just and reasonable cause by the department head with prior signed
approval by the Mayor. Permanent employees shall be dismissed only
after having been given written notice.
6.
Evidence. Normally, the deterioration of an employee's
conduct is a progressive problem and every effort should be made to
reverse this trend as soon as it is apparent. Based on this philosophy,
sufficient evidence should be available in the employee's personnel
file to justify the action taken.
7.
Right of appeal. All permanent employees are granted
the right of appeal. Within ten (10) days after effective date of
disciplinary action, the employee may file a written appeal to the
department head or, if inapplicable, the Mayor.
8.
Investigation. The department head (or Mayor, if
none) shall hear appeals submitted by any permanent employee in City
service relative to any suspensions, demotions, or dismissal and shall
submit a written statement of facts, findings, and recommendations
to the Mayor, whose action shall be final and conclusive.
9.
Hearing closed. The hearing shall be closed to the
public at the discretion of the Mayor.
10.
Informal nature. The hearing shall be conducted
in an informal manner and the Mayor shall make every effort to avoid
the appearance of conducting a trial in a court of law.
11.
Scheduling of appeal. No later than ten (10) working
days after receipt of the written appeal, the Mayor shall fix a time
and place for convening of a hearing. Within forty-eight (48) hours
after the completion of the hearing the Mayor shall report its findings
and recommendations to the Board of Aldermen.
12.
Right to representation. The appellant shall have
the right to appear and be heard in person or by counsel.
13.
Appellant fails to appear. Appellant's failure to
attend or notify the Mayor of inability to attend will constitute
just cause for dismissal of the appeal.
[CC 1997 §2-166]
A.
Purpose. The most effective accomplishment of the work of
the City requires prompt consideration and equitable adjustment of
the employee grievances. It is the desire of the City to adjust the
causes of grievances informally, and both supervisors and employees
are expected to make every effort to resolve problems as they arrive.
B.
Policy. An employee may present a grievance, or have an
employee committee, selected by the employee, present the grievance
to the employee's supervisor, department head or Mayor.
C.
Grievances To Be Written. All grievances shall be submitted
in writing.
D.
Time Limit. If satisfaction is not achieved by the above
procedure within ten (10) working days, the grievance may then be
presented to the Personnel Board or to the Mayor.
E.
Personnel Board. The Personnel Board or the Mayor shall
convene a meeting within ten (10) days to consider the grievance.
The employee, the supervisor, the department head and any other interested
party shall have the right to be heard. The Personnel Board or the
Mayor shall then take appropriate action which may include a recommendation
to change the personnel rules and regulations, a finding that the
grievance is unjustified, or any other appropriate recommendation.
F.
Protection. No employee shall be disciplined or discriminated
against in any way because of proper use of the grievance procedure.
[CC 1997 §2-167]
A.
Political Activity.
1.
It is the duty and right of every employee to register and vote on
all political issues. Employees are permitted to join political organizations,
civic associations or civic betterment groups.
2.
Employees, except temporary and seasonal employees, are not permitted
to engage in any political activity involving the election of candidates
for any office. Any employee, except temporary and seasonal employees,
desiring to become a candidate for elective office shall first take
a leave of absence without pay, or resign.
3.
Employees, except temporary and seasonal employees, are not permitted
to solicit, sell or handle political contributions. Employees are
not permitted to wear or display political badges, buttons or signs
on their person or on City property during on-duty hours. Employees
will not openly campaign or oppose candidates that would leave the
impression of doing so in the name of the City.
B.
Membership On Boards And Commissions. Employees, except
temporary and seasonal employees, are not permitted to be a member
of councils, boards or commissions that are advisory or administrative
to the City except where such membership is specifically authorized
by City ordinance. No elected official of this City shall be in direct
charge of any department of the City, except the Mayor.
[CC 1997 §2-168]
A.
Uniforms. Uniform allowance will be made to Police Department
personnel. The rate of allowance shall be set by the Board of Aldermen.
Cleaning and/or laundry costs and regular maintenance of the uniforms
is the responsibility of the patrolmen.
B.
Use Of City-Owned Vehicles. Employees designated by the
Board of Aldermen shall be allowed to use City-owned vehicles as transportation
to and from their home to their place of work in addition to use during
normal hours of duty. All vehicles shall be kept clean and driven
in a manner so as to conform with existing traffic regulations and
not bring discredit to the City.
[CC 1997 §2-169]
A.
Equal Employment Opportunity.
1.
The City will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, national origin,
physical handicap or age. The City will take affirmative action to
insure that applicants for employment are employed, and that employees
are treated during employment without regard to their race, color,
religion, sex, national origin, physical handicap or age. Such action
shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruiter, recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship.
2.
The City will post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the Government
setting forth the provisions of the non-discrimination clause. The
City will state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national
origin, physical handicap or age.
B.
Job Descriptions. Each shall have a specification that includes
a concise descriptive title, a description of the duties and responsibilities
of positions and a statement of the qualifications for filling such
positions. Such specifications shall be approved by the department
head and shall be kept on file in the office of the City Clerk and
shall be open to inspection by any interested party during regular
office hours. Any such job description shall not be deemed to prevent
the City from requiring an employee to perform additional acts or
duties based upon the needs of the City, but in any such case the
employee shall be specifically informed by the Mayor of what additional
acts or duties are being required, and whether the increased acts
or duties shall be temporary or permanent. An employee may receive
a raise in rate of pay if approved by the Board of Aldermen based
upon a permanent increase in their job duties and responsibilities
notwithstanding that the employee has already received one (1) pay
raise in the calendar year.
[Ord. No. 14-2022, 11-10-2020]
A.
Lexipol
Policy Service. For the time the City subscribes to the Lexipol policy
service, the policies contained in the Lexipol policy service shall
supersede those contained in the City's Personnel Policy Manual in
any instances of conflict with respect to the Law Enforcement Officers
employed by the City and assigned to its Police Department. City personnel
who work under the direction of the Police Chief who are not Law Enforcement
Officers are not governed by the policies in the Lexipol policy service.
With respect to matters that are addressed in the City's Personnel
Policy Manual but not in the Lexipol policy service, the City's Personnel
Policy Manual will apply to all City employees, including Law Enforcement
Officers.
B.
Exceptions
And Modifications. While the policies published by Lexipol are presumed
to be those applicable to the City's Law Enforcement Officers, the
Board of Aldermen retains the right to choose to amend or reject policies
published by Lexipol. Any such amendments or exceptions shall be memorialized,
in writing, in resolutions adopted by the Board of Aldermen.