[Ord. No. 106 §§A-E, 4-5-1978]
It is hereby declared to be the policy and purpose of the City of Lake Ozark, Missouri, to extend to all eligible employees and officials of said City who are not excluded by law or by this Section, and whether employed in connection with a governmental or proprietary function of said City, the benefits of the system of Federal Old-Age, Survivors, Disability and Health Insurance as authorized by Sections 105.300 through 105.445, RSMo., 1969, as the same may be now and hereafter in effect.
The Mayor and the City Clerk of the City of Lake Ozark, Missouri, are hereby authorized and directed, on behalf of this City to prepare, execute and submit to the Office of Administration, Division of Accounting, as State Agency of the State of Missouri, a plan and agreement for extending said benefits to said eligible employees and officials of the City of Lake Ozark, Missouri, in the form prepared by the State Agency and hereby approved and adopted by the Board of Aldermen of this City, which plan and agreement are to become effective upon approval thereof by the State Agency, and are further authorized and directed to execute agreements and modifications and amendments thereof with said State Agency providing for the extension of said benefits to said employees and officials as set forth in said plan and agreement, as provided for in Subsection (A) hereof, said plan and agreement to provide that said extension of benefits is to be effective on April 1, 1978.
Commencing on the first (1st) day of the month following the date of the approval of the plan and agreement of this City by the State Agency, there shall be deducted from the wages of all employees and officials of the City of Lake Ozark, Missouri, to whom the benefits of said system of Federal Old-Age, Survivors, Disability and Health Insurance are extended, by virtue of the plan and agreement hereinbefore provided for, the amount of each of said employees' and officials' contributions, as determined by the applicable State and Federal laws and by said plan and agreement, the aggregate amount of said deductions to be paid into the OASDHI Trust Fund created pursuant to Section 105.390, RSMo., 1969; provided however, that from the first payment of wages made to each of said employees and officials after the benefits of said system have been extended to such employees and officials, there shall be deducted a sum equal to the amount which would have been due and payable from each said employee and official had said extension of benefits been provided and effective on April 1, 1978.
Commencing on the first (1st) day of the month following the date of the approval of the plan and agreement of this City by the State Agency, there is hereby authorized to be appropriated from the General Fund of the City of Lake Ozark, Missouri, and there is, and shall be, appropriated, the sum or sums of money necessary to pay the contributions of the City of Lake Ozark, Missouri, which shall be due and payable by virtue of the extension of the benefits of the Federal Old-Age, Survivors, Disability and Health Insurance System to the eligible employees and officials of said City, said sum or sums of money to be paid into the OASDHI Trust Fund created pursuant to Section 105.390, RSMo., 1969; provided however, that in making the first payment to said OASDHI Trust Fund, after the benefits of said system have been extended to such employees and officials, said first payment shall include a sum equal to the amount which would have been due and payable had said extension of benefits been provided and effective on April 1, 1978. The fund from which said appropriation is made will, at all times, be sufficient to pay the contributions of the City by this Section directed to be paid to said OASDHI Trust Fund.
The City of Lake Ozark, Missouri, from and after the approval of the plan and agreement of this City by the State Agency, shall fully comply with, and shall keep such records, make such reports and provide such methods of administration of said plan and agreement as may be required by all applicable State and Federal laws, rules and regulations, now and hereafter in effect with respect to the extension of the benefits of the Federal Old-Age, Survivors Disability and Health Insurance System to the employees and officials of this City. For the purpose of administering said plan and agreement the City Clerk of this City shall be the official who shall make all required reports, keep all records, and be responsible for the administration of said plan and agreement on behalf of this City, and any and all notices and communications from the State Agency to this City with respect to said plan and agreement shall be addressed to: CITY CLERK, CITY OF LAKE OZARK, MISSOURI, 65049.
[Ord. No. 94-6 §§1 — 2, 5-10-1994]
Any City employee who receives training at his/her request, which training is paid for by the City, shall reimburse the City for the cost of such training in the event such employee shall thereafter voluntarily leave City employment within the period expiring one (1) year after the date of the receipt of such training.
The City Clerk is hereby directed to take all necessary steps to collect the reimbursement for any such training in the event of the voluntary leaving of City employment, said steps to include withholding of final compensation and/or any necessary legal action to collect said reimbursement.
[Ord. No. 94-24 §1, 11-22-1994; Ord. No. 97-15 §1, 7-22-1997; Ord. No. 2009-02, 1-13-2009; Ord. No. 2009-03, 1-13-2009; Ord. No. 2009-14, 3-10-2009; Ord. No. 2009-16, 5-12-2009; Ord. No. 2010-52, 11-9-2010; Ord. No. 2014-29s, 8-26-2014; Ord. No. 2014-35, 9-23-2014; Ord. No. 2014-48, 12-9-2014; Ord. No. 2015-27, 7-14-2015; Ord. No. 2015-33, 8-25-2015; Ord. No. 2015-40, 10-13-2015]
The City, by ordinance, shall adopt a Personnel Policies and Procedures Manual to establish the policies and procedures of the City to serve a guide to administrative action concerning various personnel expectations, rights, activities and transactions. A copy of the Personnel Manual shall be provided to every employee of the City at the time they are hired and upon the adoption of any changes thereto. The latest version of the Personnel Policies and Procedures Manual shall be kept on file in the City offices. Nothing in the Personnel Policies and Procedures Manual shall be deemed to establish an employment contract with any employee.
This manual is intended to provide information about employment policies for supervisors and department heads of the City of Lake Ozark. A summary will be provided to each employee. It is the responsibility of each employee to become familiar with the material contained in the manual. The manual will be updated on a regular basis and employees will have access to any updates as they are issued.
The purpose of this manual is to establish policies which will serve as a guide to administrative action concerning various personnel activities and transactions. They may be changed, modified, rescinded or suspended, from time to time, with or without notice, with the approval of the City Administrator and the majority of the City Board of Aldermen. These policies and procedures do not constitute a substantive modification or restriction on the City's right to terminate or discipline any employee for the good of the service. This manual supersedes all previous publications pertaining to the personnel policies.
These policies and guidelines apply to the classified service as defined herein, unless specifically provided otherwise.
Editor's Note — Ord. no. 2009-02, adopted January 13, 2009, repealed section 120.040 "alcohol and controlled substance testing policy" and incorporated the material in section 120.030 "personnel policies and procedures manual". Former section 120.040 derived from ord. no. 96-1 §1, 1-9-1996; ord. no. 98-7 §1, 3-10-1998. At the editor's discretion, this section has been reserved for the city's future use.
[Ord. No. 2000-06 §1, 3-14-2000]
All full-time employees shall be eligible for and receive retirement benefits from LAGERS.
The Board of Aldermen on behalf of the City of Lake Ozark, a "political subdivision" as defined in Sections 70.600 through 70.760, RSMo., 1978, as amended, hereby elects to have covered by the Missouri Local Government Employees' Retirement System all its eligible present and future general and Police employees and to cover such employees under Benefit Program L-1.
The City of Lake Ozark hereby elects that one hundred percent (100%) of prior employment be considered for prior service credit in computing benefits and contributions to the system and further elects that all employees with one thousand five hundred (1,500) or more hours of annual employment who are not excluded by State law to be considered eligible employees.
The City of Lake Ozark hereby elects to have the "final average salary" of its employee members determined over a sixty (60) consecutive month period.
The City of Lake Ozark hereby elects to require no contributions from covered employees.
The City of Lake Ozark hereby elects the regular retirement age for all eligible employees.
The City Administrator is hereby authorized and directed to deduct from the wages and salaries of each employee member, the contributions, if any, required by Section 70.705, RSMo., and to remit promptly the deductions to the retirement system, together with the employer contributions required by Sections 70.705 and 70.730, RSMo., 1978, as amended. Contributions are to be effective January 1, 2000.
[Ord. No. 2005-09 §§1 — 4, 5-10-2005]
Purpose. It is the purpose of this Section to establish a policy in regard to authority for temporary transitional duty assignments and procedures for granting temporary transitional duty to eligible employees
Policy. Temporary transitional duty assignments, when available, are for employees who, because of injury, illness or disability, are temporarily unable to perform their regular assignments but who are capable of performing alternative assignments. Use of temporary transitional duty can provide employees with an opportunity to remain productive and return to work before they have reached maximum medical improvement. This provides a work option for employees who may otherwise risk their health and safety or the safety of others by remaining on duty when physically or mentally unfit for their regular assignment. Therefore, it is the policy of this City that eligible personnel be given a reasonable opportunity to work in temporary transitional duty assignments where available and consistent with this policy.
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- ELIGIBLE PERSONNEL
- For purposes of this policy, any employee suffering from medically certified illness, injury or disability requiring the treatment of licensed health care provider and who, because of injury, illness or disability, is temporarily unable to perform the regular assignment but is capable of performing temporary alternative assignments.
- MAXIMUM MEDICAL IMPROVEMENT
- The point at which an injured employee has received the maximum therapeutic benefit from medical treatment.
Temporary transitional duty positions are limited in number and variety. Therefore,
Personnel injured or otherwise disabled in the course and scope of employment shall be given preference in initial assignment to transitional duty,
Assignments may be changed at any time if deemed in the best interest of the employee or the City while keeping within the medical restrictions; and
Eligibility to participate in the program will cease when the employee has reached maximum medical improvement.
This policy in no way affects the privileges of employees under provisions of the Family and Medical Leave Act, Fair Labor Standards Act, Americans with Disabilities Act or other Federal or State law.
No specific position within this City shall be established for use as a temporary transitional duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary transitional duty.
Transitional duty assignments are strictly temporary and normally should not exceed ninety (90) days in duration. After ninety (90) days, personnel on temporary transitional duty who are not capable of returning to their original duty assignment shall:
Law enforcement personnel on temporary transitional duty are prohibited from engaging in outside employment in which they may reasonably be expected to perform law enforcement functions for which they have been determined physically or mentally unable to perform on behalf of City and that forms the basis for their temporary transitional duty assignment.
Depending upon the nature and extent of the disability, law enforcement personnel on temporary transitional duty may be prohibited or restricted from wearing the departmental uniform, carrying the service weapon or otherwise limited in employing police powers as determined by the agency chief executive so long as such limitation is consistent with the provisions of Subsections (D)(2) and (D)(3) of this policy.
Transitional duty assignments shall not be made for disciplinary purposes.
Employees may not refuse temporary transitional duty assignments that are supported by and consistent with the recommendations of a City selected physician. The City may interpret failure to accept and perform transitional duty work as a resignation, unless the employee has pursued other options as provided by the employment provisions of City or Federal or State law.
When an employee has reached maximum medical improvement as determined by a City selected physician, an assessment by the personnel authority will be made regarding the employee's ability to perform regular job duties or the duties of a different job with or without a reasonable accommodation.
Temporary transitional duty assignments.
Temporary transitional duty assignments may be drawn from a range of areas that include, but are not limited to, the following:
Administrative projects (e.g., report review, special projects);
Clerical functions (e.g, filing);
Desk assignments (e.g., booking officer, bookkeeping);
Communications (e.g., complaint taker);
Inspections (e.g., sidewalks, street signs, buildings, equipment);
Updating (e.g. MSDS at various locations);
Painting (e.g., fire hydrants, park benches and equipment);
Community relations (e.g., Police and Fire community awareness visits);
Volunteer work at City-supported charities (e.g., United Way, senior centers).
City's personnel authority shall maintain an inventory of available job assignments that may be used for temporary transitional duty.
In addition to considerations included in the general provisions of this policy, decisions on temporary transitional duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's knowledge, skills and abilities; availability of transitional duty assignments; and the physical limitations imposed on the employee by the City selected physician.
Every effort shall be made to assign employees to positions consistent with their position and pay classification. However, where deemed appropriate, personnel may be assigned to positions within other departments and positions designated for personnel of lower rank or pay classification. Employees thus assigned shall:
Retain the privileges of their rank but shall answer to the supervisor of the unit to which they are assigned with regard to work responsibilities and performance, and
Retain the pay classification and related benefits of the position held prior to their assignment to temporary transitional duty as controlled by the employment provisions of the City, and
For work-related accidents, if the employee is not retained at the same pay classification of the position held prior to their assignment to transitional duty, Workers' Compensation temporary partial disability benefits may be available.
For work-related accidents in which the employee is not immediately released to return to normal duty, the following may apply:
Immediately following treatment, the employee should report to his/her supervisor their condition and return-to-work status.
At the earliest possible opportunity, the program coordinator will discuss the case with the physician concerning the course and scope of the treatment and the ability of the employee to perform transitional duty. The program coordinator will then discuss with the supervisor the employee's transitional duty assignment.
Within the first three (3) days following an accident, the supervisor shall contact the employee and inquire into the employee's ability to return to work.
If the employee has not returned to work after three (3) days, then the program coordinator shall call the doctor and the employee to check the employee's transitional duty status.
If the employee is not able to return to work after three (3) days, then the employee shall call the program coordinator to discuss the employee's transitional duty status and present the work status report provided by the treating physician immediately following each doctor's appointment.
If it is determined that the employee may be medically able to perform transitional duty, the essential functions of the transitional duty shall be identified by the supervisor and reviewed with the employee.
Requests for and assignment to temporary transitional duty for non-work conditions.
Requests for temporary transitional duty assignments shall be submitted to the employee's immediate supervisor. Requests must be accompanied by a statement of medical certification to support a requested reassignment, which must be signed by the treating physician. The certificate must include an assessment of the nature and probable duration of the disability, prognosis for recovery, nature of work restrictions and an acknowledgment by the health care provider of familiarity with the transitional duty assignment and the fact that the employee can physically assume the duties involved.
The request for temporary transitional duty and the physician's statement shall be forwarded to the City's designated personnel authority who shall make a recommendation regarding the assignment to the chief executive officer or his designate.
City may require the employee to submit to an independent medical examination by a physician of the City's choosing. In the event the opinion of the City selected physician differs from the foregoing health provider, the employee may request a third (3rd) opinion at the employer's expense.
The employee and representatives of the City shall cooperate and act in good faith in selecting any third (3rd) health care provider, and both parties shall be bound by that medical decision.
An employee who has not requested temporary transitional duty may be recommended for such assignment by submission of a request form from the employee's immediate supervisor. Such a request must be accompanied by an evaluation of the employee conducted by a competent medical authority expressing the need for temporary transitional duty or by a request/order for a medical or psychological fitness-for-duty examination.
Notice shall be provided to the employee of the proposed temporary transitional duty assignment together with justification for the recommendation.
The employee may challenge the proposed reassignment using established City grievance procedures.
Pending results of a grievance procedure, an employee may be reassigned if, in the opinion of the City's chief executive officer, failure to reassign may jeopardize the safety or health of the employee, other employees or the public. As a condition of continued assignment to temporary transitional duty, employees shall be required to submit to periodic physical assessments of their condition as specified by the personnel authority.