City of Monett, MO In General

[R.O. 2012 §130.015; Ord. No. 7866 §1, 7-21-2008; Ord. No. 7980 §1, 4-20-2010; Ord. No. 8253 §1, 12-20-2013]

The City Council hereby approves of the contents of the employee manual and hereby approves of the replacement of the current code which applies to this subject, with the contents of the new employee handbook which is on file in the City offices.

Amendments To Employee Handbook.

As part of the City of Monett's employment procedures, employees will be required to undergo a post-offer, internal transfer, and/or return-to-work physical capacity profile evaluation as provided herein.

Any offer of employment, internal transfer, and/or return-to-work that is received from the City of Monett is contingent upon satisfactory completion of a physical examination and a determination by the City (using the results from the examination) that the applicant is capable of performing the essential job functions of the position that has been offered, with or without reasonable accommodation. Any offer of employment is also contingent upon successful completion of a drug test.

Post-offer testing will be performed on new hires in specific job classifications. The employee must achieve a score equal to or greater than that required for the offered job level.

Return-to-work testing will be performed:

[Ord. No. 8266 §1, 3-20-2014]

On all employees who have a work-related injury and are off work at least one (1) day or shift; or

On employees who have a non-work-related injury, surgery, or illness and are off work at least five (5) days or more two (2) shifts for firefighters), and whose job level rating is either 3 or 4 on the physical testing classification chart; or

When the City has reasonable cause to believe the employee may not be capable of performing the essential job functions of his or her job, with or without accommodation.

Return-to-work determinations will be based on employee testing equal to or greater than the job level of his/her current position. Final determinations for return-to-work testing will be decided by the City Administrator in consultation with the Safety Director.

Light duty. Employees that have been placed on light-duty status by a physician may be assigned light-duty work if their job level rating is 1 or 2 on the physical testing classification chart. Employees whose positions are classified as 3 or 4 shall have a full release with no restrictions from a physician prior to returning to duty.

Add a new Section 502, entitled "Distracted Driving" as follows:

Section 502 Distracted Driving

The City of Monett recognizes that distracted driving can impair safe driving and contribute to accidents. Motor vehicle accidents are the leading cause of death in the workplace and driver distraction is a significant contributor to these accidents. This policy shall apply to all employees while they are operating City-owned vehicles and equipment or personal vehicles while conducting City business.

The City of Monett values the safety and well-being of all employees. This policy is intended to define certain prohibited activities which will assist employees in safely operating City-owned vehicles and equipment or to perform work on behalf of the City while operating personal vehicles. Any activity that would distract employees from their driving responsibilities is prohibited.

Therefore, the following policy is hereby enacted:

Employees are not permitted to use a cell phone or other hand-held electronic device while operating a motor vehicle on City business or on City time;

Employees are not permitted to read or respond to e-mails or text messages while operating a motor vehicle on City business or on City time;

While driving, calls cannot be answered and must be directed to voice mail;

If a call must be made or received while driving, the employee shall pull over to a safe place and put the vehicle in "Park".

	Exceptions. The following exceptions to this policy are specifically noted below:
	a.	Employees may communicate with mobile two-way radios while driving so long as they take all necessary safety precautions.
	b.	Police Officers shall adhere to departmental policy, "Mobile Data Communications System SO0801 10/15/08", as it relates to the use of Mobile Data Terminals (MDT). Firefighters may use MDTs in the same manner as Police Officers so long as it is consistent with Fire Department policies. In all other respects, Public Safety personnel (Police Officers and Firefighters) shall comply with this policy.
	c.	Hands-free devices may be permitted on a case-by-case basis to be determined by the employee's supervisor and approved by the Safety Director. A list of positions and/or individual employees that are given approval to use hands-free devices shall be incorporated as an exhibit to this policy and maintained as a permanent record. It shall be periodically updated and signed by the Safety Director.
	All employees are expected to use good judgment, and act in accordance with all safety rules, traffic laws and all other regulations that are designed to avoid accidents. If an employee is observed violating this policy, he or she will be given a verbal warning. A second observed infraction of this policy will lead to a written warning. Any subsequent infraction will be cause for termination. If an employee is involved in an accident while on duty driving a City-owned vehicle, equipment or a personal vehicle, and a factor of the accident is driving while distracted, he or she will be subject to disciplinary action up to and including termination on the first infraction. In the event of an accident, the employee shall make all personal and City-owned electronic devices in their possession at the time of the accident available for examination by law enforcement personnel.

Chapter 305 "Holidays" is hereby amended by incorporating the following:

[Ord. No. 8505 § 1, 2-21-2017]

	Employees that are assigned to shifts that provide coverage on the basis of a seven (7) day work week and work on the actual holiday, shall be compensated for holiday pay on the actual holiday and not the observed holidays listed earlier in this Chapter. This Section specifically applies to the following personnel:
		E-911 Communications personnel;
		Monett Police Department Officers;
		Windmill Ridge Golf Course;
		Monett Regional Airport;
		Wastewater Treatment Plant (WWTP); and Water Treatment Plant (WTP).
	All exempt personnel from these departments that typically work a Monday — Friday schedule, shall follow the same holiday schedule as all other departments.

Section 702, Drug And Alcohol Use, is amended as follows:

[Ord. No. 8743, 2-20-2020]

The City of Monett is committed to being a drug-free, healthy, and safe workplace. You are required to come to work in a mental and physical condition that will allow you to perform your job satisfactorily. The overall goal of this policy and drug and alcohol testing policy is to insure an alcohol and drug free workplace, to reduce accidents and injuries, and to comply with relevant Federally mandated drug and alcohol testing.

The City of Monett recognizes that the state of an employee's physical condition affects his/her job performance, availability, their ability to perform certain types of work and may affect his/her opportunities for continued employment or advancement. The City recognizes that employees may have concerns about medical marijuana use and their employment. The City also recognizes that drug and alcohol abuse ranks as a major health problem which affects an individual's physical condition and causes untold trauma and expenses not only to the employee but also to the City employer.

It is the general policy of the City to strictly prohibit the possession, manufacture, sale, transfer, use or ingestion of non-prescribed controlled substances or the use or ingestion of alcohol or the unauthorized possession, sale or transfer of alcohol on City premises, while operating City vehicles and equipment, while engaged in the performance of job duties or while otherwise representing the City of Monett in any capacity and during off-site lunch periods or breaks when an employee is expected to return to work. It is the policy of the City to strictly prohibit the manufacture, sale, transfer, use or ingestion in any manner of medical marijuana on City premises, while operating City vehicles and equipment, while engaged in the performance of job duties or while otherwise representing the City of Monett in any capacity and the use or ingestion of medical marijuana during off-site lunch periods or breaks when an employee is expected to return to work.

The possession of alcoholic beverages by employees whose job assignment includes buying, selling, distributing, dispensing, and transferring alcoholic beverages is excluded, as is the use of alcohol containing solvent, cleaners and other chemicals for the purpose for which they were manufactured.

It is a violation of this policy for employees to report to work, or to enter onto the City premises while being in a condition impaired for work due to effects, symptoms or side effects of medical marijuana, alcohol and/or illegal or unauthorized drugs.

You may use legally prescribed drugs on the job only if they do not impair your ability to perform the essential functions of your job effectively and safely without endangering yourself or others. Employees must use the drug in accordance with a physician's or labeling instructions. Employees must not distribute the drug to other individuals and must report the use of the legal drug to his or her immediate supervisor before the beginning of his or her work shift. The City reserves the right to have a physician of its choice determine whether an employee can safely perform his/her job while using or being under the influence of any legal drug and may restrict such employee's work activity or presence on City premises. Employees are not permitted to be under the influence or use medical marijuana on the job.

Employees of the City of ,Monett are expected to fully comply with this policy and be free from the use of illegal drugs and to abstain from alcohol use and medical marijuana use as provided by this policy. This policy applies to job applicants, probationary employees, full, part-time and temporary employees of the City.

Whenever a supervisor has reason to believe the appearance and/or conduct of an employee are indicative of the use of alcohol, drugs or both, or an employee is under the influence of medical marijuana the supervisor has the responsibility to act on his/her suspicion.

Failure to submit to any drug or alcohol testing required under this policy, including but not limited the failure to report in a timely manner to a collection site, sign any required consent forms or otherwise fully cooperate in the collection of any breath or urine specimen, is also strictly prohibited. If any employee or applicant refuses to be tested, the refusal shall be treated as a positive test and the employee shall be subject to disciplinary action or excluded from the hiring process. Test results will be kept confidential from the general City work force and public. However, test results may be made known to the involved City personnel to determine an appropriate response to the testing results.

If a pre-employment drug test returns a positive result for marijuana and the employee provides a valid Missouri patient identification card for medical marijuana, the positive test result will not be automatic grounds for denial of employment. To request an accommodation, employees must report possession of a Missouri patient identification card for medical marijuana and provide any required documentation to the human resources department. Any employee who has their Missouri patient identification card revoked or suspended must report such revocation or suspension to the Human Resources Department within five (5) days.

If you violate this policy, it may lead to disciplinary action, up to and including immediate termination of your employment. We may also require that you participate in a substance abuse rehabilitation or treatment program. If you violate this policy, there could also be legal consequences.

The City maintains a contract Employee Assistance Program which will provide counseling or referral services for drug and alcohol abuse. Accumulated leave or leave without pay may be granted for treatment, counseling or rehabilitation under the applicable ordinance provisions. It will be the employee's responsibility to comply with the City's requests for referral and diagnosis and to cooperate fully with any prescribed therapy.

If you have questions about this policy or issues related to drug or alcohol use at work, you can raise your concerns with your supervisor or the Human Resources Department without fear of reprisal.

Add a new Chapter 514 to the Employee Handbook entitled, Employee Compensation During Mutual Aid Response:

[Ord. No. 8826, 12-21-2020]

CHAPTER 514

EMPLOYEE COMPENSATION DURING MUTUAL AID RESPONSE

The City of Monett recognizes the additional effort and hazards that come with emergency response which are different than normal, scheduled work. Specifically, mutual aid requests that come from requesting agencies or other coordinating agencies under the terms of an approved Mutual Aid Agreement. This policy shall serve as the City of Monett's standard practice for employee compensation for mutual aid provided to Missouri Public Utility Alliance (MPUA) members, the Oklahoma Municipal Authority (OMA) and its members, and the American Public Power Association (APPA) and its members. If additional Mutual Aid Agreements are approved by the City Council following adoption of this amendment, the terms and conditions of this amendment shall apply.

This policy is applicable only for responses to formal requests for mutual aid assistance. Assistance provided by the City of Monett to other Cities or agencies without a formal mutual aid request for assistance shall be treated as routine work and all employee pay and benefits shall remain the same as if they were performing work for the City of Monett.

This policy also covers other departments of the City, including, but not limited to, Public Works, Fire and Police if the mutual aid is in response to a State- or Federally-declared disaster.

MUTAL AID — EMPLOYEE LABOR RATES
Upon the occurrence of an emergency event that results in a request for mutual aid, the City of Monett agrees to respond, as determined by the Mayor or City Administrator in consultation with the Utilities Superintendent, Public Works Superintendent, Police Chief, Fire Chief or Emergency Management Director depending on the nature of the request. If a request for mutual aid is approved for response, the Mayor or City Administrator are hereby authorized to provide City personnel, equipment and supplies to assist the requesting agency in accordance with the following:
A.	Rate of Pay. Employees shall earn the same base hourly rate as they are earning at the time of deployment.
B.	Within the State of Missouri. If the event is within the State of Missouri, employees shall be paid at the rate of one and one-half (1 1/2) times the employee's regular hourly rate of pay, including travel time defined as from portal to portal. Except for the initial and final travel day, time worked will include a minimum of eight (8) hours each day, with a maximum of hours allowed in accordance with the latest edition of the APPA Safety Manual, but not to exceed sixteen (16) hours in a calendar day.
C.	Outside the State of Missouri. If the event is located outside the State of Missouri, employees shall be paid at the rate of two (2) times the employee's regular hourly rate of pay, including travel time. Except for the initial and final travel day, time worked shall include a minimum of twelve (12) hours each day, with a maximum of hours allowed in accordance with the latest edition of the APPA Safety Manual, but not to exceed sixteen (16) hours in a calendar day.
D.	Mutual Aid Provided on a Holiday. All hours worked on the actual day of the following holidays shall be paid at two and one-half (2 1/2) times the employee's regular hourly rate of pay, including travel time: New Year's Day, President's Day, Memorial Day, Independence Day/July 4th, Labor Day, Veteran's Day, Thanksgiving, the Friday following Thanksgiving, Christmas Eve and Christmas. These days are recognized as the holiday for purposes of this policy regardless of the day that may be recognized by the City.
E.	Per Diem Meal Expenses. While deployed on mutual aid assistance, employees shall be paid fifty dollars ($50.00) per day for meals.

GENERAL LABOR, EQUIPMENT AND OTHER EXPENSES
On the initial and final travel day, time worked is calculated from the time employees arrive at a City of Monett location to prepare for deployment; and includes travel time to the destination location and any restoration work or assistance rendered at the destination City. The same calculation applies to the day of return.
Cities or agencies that request and receive mutual aid from the City of Monett shall be billed as follows:
A.	Labor Expense. The City of Monett shall bill for labor incurred plus overhead for benefits (including but not limited to wages, FICA, retirement, insurance, workers compensation) plus a ten percent (10%) administration fee.
B.	Equipment and Material Expenses. The City of Monett shall bill for equipment in accordance with the current equipment rate schedule in addition to any City of Monett inventory utilized as part of the response. All invoices shall include a ten percent (10%) administration fee.
C.	Additional Expenses. Additional expenses shall be billed to the requesting agency at actual cost incurred. This may include but is not limited to: retail cost for non-inventory material and supplies, fuel, lodging, and other expenses incurred as a result of the mutual aid response.
D.	Payment Terms. Payment in full shall be due within forty-five (45) days of billing, however, this may be extended without penalty at the discretion of the City Administrator, if the requesting agency is awaiting Federal and/or State disaster aid assistance.

Amend Section 303 Vacation, effective date 7-21-2008, revision date 2-20-2024, as follows:

[Ord. No. 8988, 2-20-2024]

Subject to emergency requirements of continued work, vacation may be taken at any time during the year at the department head's discretion. Vacation time accrues each pay period. Employees shall accrue vacation based on the following schedule:

After Completion Of	2080 Employee	2920 Firefighter
Year 1	80 hours	4 shifts
Year 2	88 hours	5 shifts
Year 3	96 hours
Year 4	104 hours	6 shifts
Year 5	112 hours
Year 6	120 hours	7 shifts
Year 7	128 hours
Year 8	136 hours	8 shifts
Year 9	144 hours
Year 10	152 hours	9 shifts
Year 11	160 hours	10 shifts

Employees may accrue up to two hundred (200) hours of vacation. Firefighters may accrue up to two hundred eighty-eight (288) hours of vacation. The enforcement of the accrual cap shall be delayed until an employee's anniversary date in 2025 in order to accommodate the transition to accrual per pay period. In the event an employee is over the 200-hour accrual cap upon their anniversary date in 2025, they may apply for fifty percent (50%) of the hours over two hundred (200) to be paid out upon their department head providing reasonable justification for why they were unable to accommodate the employee's time off from work to utilize the accrued leave.

All employees will take vacation time based on hours rather than days. All times allowed for vacation are at the department supervisor's discretion. Scheduled vacations that are believed to cause an undue hardship on remaining personnel or cause scheduled projects to be rescheduled, may be postponed.

Employees should request vacation at least one (1) week in advance.

[1]

Cross Reference — As to elections generally, ch. 125.