City of Lake Saint Louis, MO
St. Charles County
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Table of Contents
Table of Contents
Cross Reference — As to no smoking regulations, ch. 217.
[CC 1988 §23.010; Ord. No. 746 §1, 4-1-1991; Ord. No. 851 §1, 1-4-1993; Ord. No. 1615 §1, 6-18-2001]
A. 
Application. Under the authority of the Board of Aldermen to establish policy for the effective, efficient and ethical operation of a personnel system for the employees of the City of Lake Saint Louis, the rules and regulations contained hereunder shall serve as the governing policies for all City employees.
B. 
Administration. The policies and procedures shall be administered by the City Administrator or his/her designated representatives upon approval or amendment by the Board of Aldermen.
C. 
Administrative Directives. The City Administrator may supplement this personnel manual as he/she feels necessary by issuing administrative directives concerning all aspects of City employment, duties, personnel regulations, etcetera. Any administrative directive dealing with personnel practices, requirements or regulations shall be considered a part of this manual and will supersede any conflicting part of the manual.
D. 
Revision. This Code shall be subject to revision at any time. Any and all revisions shall be forwarded to employees upon the effective date of such revisions.
E. 
Departmental Rules And Regulations. Any departmental rules and regulations shall not conflict with the provision of these policies.
F. 
Equal Opportunity Employer. The City of Lake Saint Louis is an equal opportunity employer and it is the policy of the City to provide equal employment opportunities to applicants and employees solely on the basis of merit and without regard to factors such as race, religion, national origin, political affiliation, age, sex, sexual orientation, gender identity, or disability.
[Ord. No. 3427 §1, 7-6-2015]
G. 
Disclaimer.
1. 
This benefits summary and personnel manual is not intended to create a contract of employment. Rather, it is simply intended to describe the City of Lake Saint Louis and its present policies and procedures. These policies and procedures, which supersede all prior policies and procedures, may and likely will be changed from time to time as the City of Lake Saint Louis deems appropriate. Further, your employment and compensation can be terminated, with or without cause, and with or without notice, at any time at the option of the City of Lake Saint Louis.
2. 
No one has the authority to make verbal statements of any kind which are legally binding on the City of Lake Saint Louis.
[CC 1988 §23.100; Ord. No. 746 §1, 4-1-1991; Ord. No. 851 §1, 1-4-1993; Ord. No. 1176 §1, 4-21-1997; Ord. No. 1512 §2, 6-5-2000]
A. 
Recruitment And Appointments. The City shall recruit applicants to positions without regard to race, creed, national origin, religion, sex, sexual orientation, gender identity, age, disability or political affiliation. Appointments to all positions of employment with the City shall be made upon the basis of merit. Education, experience, physical condition and acquired skills shall form the foundations of comparisons of applicant qualifications.
[Ord. No. 3427 §1, 7-6-2015]
B. 
Affirmative Action. The City will, to the best of its ability, hire and promote in such a manner as to assure equal employment opportunities to minorities, women and the disadvantaged.
C. 
Appointing Authority.
1. 
The City Administrator has the authority to appoint, promote or remove from service all employees of the City, except as otherwise provided by law and City ordinances.
2. 
At the discretion of the City Administrator, department heads may screen applicants, test, conduct the interviews and recommend to the City Administrator a candidate for the open position.
D. 
Position Classification And Pay Plans. City executive and administration personnel shall initiate action to develop comprehensive position classifications and pay plans for all regular employees filling permanent positions.
E. 
Pay Rates And Job Classification. Pay rates and job classifications for all employees, except for appointed officials, shall be determined by the City Administrator on an annual basis.
F. 
Employment Physical. Employment may be contingent on a successful physical examination and drug screening test, at City expense. The location and doctor for this physical shall be designated by the City.
G. 
Driver's License Requirements. All job applicants are required to have and maintain a valid Missouri driver's license if the position requires use of a motor vehicle. In addition, employees who are required to operate commercial vehicles shall be required to have and maintain appropriate commercial driver's license in accordance with State law.
H. 
Residence. Repealed by Ord. No. 1512 §2, 6-5-2000.
I. 
Relatives In City Service.
[Ord. No. 3307 §§1 — 2, 8-18-2014; Ord. No. 3694 § 1, 6-5-2017]
1. 
The hiring of persons who are immediate family members of current City Officials and employees is prohibited for permanent part-time or full-time positions.
2. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
IMMEDIATE FAMILY MEMBER
Spouse; children (including stepchildren); parents and siblings and the respective in-laws; stepparent; and uncle, aunt, nephew and niece.
3. 
If two (2) employees become married to each other or become otherwise related as immediate family members, they may continue to be employed by the City, provided that neither position has direct or indirect supervision over the other position, there are no special scheduling requirements, and the relationship does not create any job performance problems. If any problems occur that are attributable to the relationship, appropriate action will be taken, including possible disciplinary action and/or termination of one of the individuals.
4. 
If a supervisory relationship does exist or other potential work-related problems are identified prior to marriage between employees, transfer to other departments may be considered, if available. Employees must be qualified, and a vacancy must already exist to accommodate such a transfer. The transfer shall be made as soon as a change can be effected, but in no event shall such a situation exceed ninety (90) days. If such transfer of one (1) of the employees cannot be accomplished for whatever reason within ninety (90) days of the marriage, one (1) of the employees, as determined by the department head in consultation with the affected employees, must resign his employment, or shall be terminated from employment on the basis of such factors as criticality of position and past job performance.
J. 
Nepotism.
1. 
Any public officer or employee who by virtue of his/her office or employment names or appoints to a City office or position, whether compensated or not, any relative within the fourth degree of consanguinity (blood) or affinity (marriage) shall forfeit his/her office or employment.
2. 
Any "public officer" is defined as anyone who is elected or appointed who is vested with some portion of the sovereign power of the City whether compensated or not.
3. 
"Public employee" is defined as anyone who is paid with public funds or who performs services for a public entity (whether full or part time) who does not qualify as an independent contractor.
[CC 1988 §23.110; Ord. No. 746 §1, 4-1-1991; Ord. No. 2982 §1, 6-20-2011]
A. 
Objective. The probationary working period shall be regarded as an integral part of the examination process and shall be utilized for closely observing newly appointed or promoted employee's work, for securing the most effective adjustment of a new employee to their position, and for rejecting any employee whose performance does not meet the required work standards.
B. 
Duration.
1. 
General employees.
a. 
The probationary period for general employees, whether originally appointed or promoted, shall be a minimum period of six (6) months and may be extended at the discretion of the department head with the approval of the City Administrator. A general employee on probation, who is transferred to a new position or is promoted, shall begin a new six (6) month period of probation for that position upon assuming the new position. However, a transfer or promotion alone will not affect an employee's use of entitled leaves.
b. 
Upon recommendation of the department head and with the approval of the City Administrator, an employee may be removed from probation earlier than six (6) months but not sooner than three (3) months. A copy of this recommendation must be filed with the Finance Director upon approval from the City Administrator.
2. 
Public safety employees.
a. 
The probationary period for Police Officers who do not possess appropriate certification at the time of appointment, and are required to attend formal instruction to attain the necessary certification to perform the requirements of the position, shall serve a minimum probationary period of six (6) months and a maximum of twelve (12) months from the date of initial appointment.
b. 
Police Officers possessing the required certification at the time of their employment shall serve a minimum probation period of six (6) months. All public safety employees who are transferred to a new position or are appointed to a higher position within the respective services shall serve a probationary period of not less than six (6) months. However, a transfer or promotion alone will not affect an employee's use of entitled leaves.
c. 
Upon recommendation of the department head and with approval of the City Administrator, those employees who are serving a six (6) month probationary period may be removed from probation earlier than the six (6) months but not sooner than three (3) months. A copy of this recommendation must be filed with the Finance Director upon approval from the City Administrator.
C. 
Regular Full-Time Status. Only upon written recommendation by the appointing authority and approval by the City Administrator shall an employee be granted regular full-time status in the municipal service.
D. 
Salary Increase During Probationary Period. Employees shall not be eligible for a merit salary increase until they have satisfactorily completed their respective probationary periods. Employees are eligible for cost-of-living adjustments during their probationary period.
[Ord. No. 3306 §§1 — 2, 8-18-2014]
E. 
Release During Probationary Period. At any time prior to recommendation and approval for regular full-time status, an employee may be released by the appointing authority with approval of the City Administrator. Notice of release shall be in writing and shall be served on the employee. A copy of such notice shall be filed with the Finance Director. An employee who is released and/or dismissed during the probationary period or the extended probationary period shall not have the right to appeal to the Personnel Board.
F. 
Rejection Following Promotion. Any employee who fails to qualify during a probationary period following a promotional appointment shall be reinstated to his/her former position if such position has not been filled. If the position has been filled and there does not exist a vacancy in a position for which they are qualified, the employee shall be put on an eligibility list for the position they previously held or for a new position for which they would qualify.
G. 
Extended Sick Leave During Probationary Period. Extended sick leave shall be earned and accrued by the probationary permanent employees and available for use.
H. 
Paid Time Off (PTO) Leave During Probationary Period. PTO shall be earned by new permanent employees during the probationary period but will only be available for use by the employee for an illness to the employee or the employee's immediate family until this period has been successfully completed. If the new employee does not complete this probationary period, no PTO for that period shall be credited to him/her.
[CC 1988 §23.120; Ord. No. 746 §1, 4-1-1991; Ord. No. 880 §1, 5-17-1993; Ord. No. 1232 §1, 10-20-1997; Ord. No. 2359 §1, 11-6-2006]
A. 
Work Schedules. Work schedules may vary and shall comply with "Fair Labor Standards Act" (FLSA) according to needs of each department. The work schedule for each employee shall be established by the department head, subject to approval by the City Administrator.
B. 
Absent Or Late For Work. If an employee must be late for work or absent, it is his/her responsibility to notify his/her immediate supervisor or department head in accordance with departmental policies and procedures.
C. 
Overtime Notice. Employees required to work overtime shall be given as much advance notice as is reasonably possible.
D. 
Work Hours.
1. 
Police Officers. All full-time Police Officers for the City of Lake Saint Louis shall work a twenty-eight (28) day work period consisting of a maximum of one hundred seventy-one (171) hours before overtime pay is computed. Police Officers will be paid with comp time computed at straight time for each hour worked between one hundred sixty (160) and one hundred seventy-one (171) hours. All hours spent in court or dispatching between one hundred sixty (160) and one hundred seventy-one (171) hours in the total worked hours reaching between one hundred sixty (160) and one hundred seventy-one (171) will be paid cash at straight time for these hours. Any Police Officer working in excess of one hundred seventy-one (171) hours in a one (1) twenty-eight (28) day work period will be paid overtime at the rate of time-and-a-half (1½) times his/her normal rate of pay.
2. 
This work period will cover two (2) pay periods. Overtime hours will be paid at the completion of each twenty-eight (28) day work period.
3. 
All hours in excess of one hundred sixty (160) hours in a twenty-eight (28) day work period must be authorized in advanced by the department head.
4. 
Accrued comp time should be used as soon after it is earned as possible and should not be carried beyond the end of each fiscal year (June thirtieth (30th)).
5. 
All other employees. All other employees of the City of Lake Saint Louis will be paid one-and-a-half (1½) times their normal rate of pay for all hours in excess of forty (40) hours per week as established by the Fair Labor Standards Act.
E. 
On-Call Duty — Public Works Employees.
1. 
One (1) public works employee is required to be on-call for emergencies throughout the year. This duty shall be for a period of one (1) week per employee on a rotating schedule. Employees may volunteer for this duty; should no one volunteer, this duty may be assigned by the Public Works Director.
2. 
The employee that is assigned to "on-call" duty shall carry a pager for that week and is free to follow his/her own private pursuits subject only to the requirement that he/she remain sober, remain within the pager's range, and respond to pager calls.
3. 
The "on-call" employee will be notified of any emergency by the Police dispatcher who will use a weekly pager assignment schedule provided by the Public Works Director. Should the assigned "on-call" employee not respond to the Police dispatch center in person or by telephone within ten (10) minutes of being paged, the dispatcher shall call the next employee listed on the schedule. In addition, the "on-call" employee must respond in person within one (1) hour of being paged.
4. 
A pager assignment schedule shall be provided to the Finance Director no later than the first (1st) day of each month and shall list the employees assigned to "on-call" duty, by week, for the entire month.
5. 
The employee assigned to "on-call" duty will be compensated at a weekly rate set by the City Administrator. The employee assigned to "on-call" duty will be responsible to find a replacement employee should he/she be unavailable at any time during his/her assigned "on-call" week. The assigned "on-call" employee is responsible for compensating the replacement employee at the daily rate, to be determined by the City Administrator, each day that a replacement employee is used.
6. 
Two (2) hours minimum overtime pay (at one and one-half (1½) times the regular hourly rate of pay) will be paid for all emergency calls.
7. 
No employee shall respond to "on-call" duty if he/she has consumed any alcohol during the previous eight (8) hours.
8. 
Any employee who fails to respond or make arrangements for a replacement during his/her "on-call" duty will be subject to disciplinary action as set forth in this Chapter.
9. 
"On-call" employees who feel additional manpower is needed to respond to an emergency are to contact the Public Works Director or foreman for guidance on how to proceed.
10. 
The employee who is assigned to "on-call" duty will be responsible for the pager and will be held responsible should it become lost, damaged or stolen while in his/her care.
[CC 1988 §23.130; Ord. No. 746 §1, 4-1-1991; Ord. No. 912 §1, 11-15-1993; Ord. No. 2359 §1, 11-6-2006; Ord. No. 2982 §1, 6-20-2011]
A. 
Workweek. The workweek for all City employees shall commence at 12:01 A.M. Monday of each workweek. All employees shall be paid every two (2) weeks.
B. 
Time Sheets.
1. 
The pay for hourly employees and all other employees who claim overtime, holiday or other special pay shall be clearly designated on time sheets provided by the Finance Director. All work time claimed shall be verified and signed by the employee, verified by the department head and signed and given to the Finance Director.
2. 
The time sheets shall verify the time worked, time off with authorization, and all unexcused absences. Each department head shall submit their hours worked on forms provided by the Finance Director. These forms shall verify hours worked, sick hours used, ESL hours used, and PTO hours used.
[CC 1988 §23.131; Ord. No. 746 §1, 4-1-1991; Ord. No. 1553 §1, 11-20-2000; Ord. No. 2359 §1, 11-6-2006; Ord. No. 2884 §1, 8-16-2010; Ord. No. 2982 §1, 6-20-2011]
A. 
Overtime is based on hours worked in excess of forty (40) hours in a seven (7) day standard workweek. Different overtime provisions apply to Police Officers and are addressed in Section 117.040(D). For the purpose of computing overtime, hours worked shall include hours actually worked on the City's behalf and holiday hours falling within the payroll reporting period. Other time off, including sick pay, ESL pay, PTO pay and compensatory (comp) time off, is not considered hours worked for the purpose of calculating overtime. Overtime will be paid at one and one-half (1½) times an employee's regular pay.
B. 
Hours worked in excess of a standard workweek by employees covered by the provisions of the Fair Labor Standard Act (FLSA) shall be compensated by overtime payment at one and one-half (1½) times their straight hourly rate or by comp time off as determined by the department head with written authorization by the City Administrator. The employee's department head shall be responsible for notifying the Finance Director of any compensatory time earned for each pay period.
C. 
Compensatory time is compensation for overtime earned which is paid in the form of one and one-half (1½) hours off with pay for each one (1) hour of overtime earned.
D. 
No employee shall be permitted to accumulate and/or retain more than twenty-four (24) hours of compensatory time. Any overtime work, which will result in accumulation of compensatory time in excess of the twenty-four (24) hour limit, shall be compensated with overtime pay. Employees are encouraged to take accrued compensatory time off as workload allows in order to minimize compensatory time balances. All employee comp time shall be expended by the last day of the fiscal year unless there is written authorization by the City Administrator allowing said compensatory time to carry over into the next fiscal year.
E. 
Upon termination of employment, any employee who has accumulated compensatory time off shall be paid for unused time at his/her final rate of pay.
F. 
Exempt employees shall not accrue compensatory time nor be paid for overtime worked.
G. 
If a full-time permanent employee is called back to work a non-scheduled shift by their supervisor without receiving twenty-four (24) hour notice for an emergency, those hours worked shall be compensated by overtime payment at one and one-half (1½) times their straight hourly rate. For purposes of this Section, an "emergency" is defined to mean a status authorized by a department head.
[CC 1988 §23.140; Ord. No. 746 §1, 4-1-1991]
Under no conditions will it be the policy of the City to make payroll advances, except in emergency situations as approved by the City Administrator.
[CC 1988 §23.150; Ord. No. 746 §1, 4-1-1991; Ord. No. 2982 §1, 6-20-2011]
A. 
Separation With Notice. Upon separation from City employment within two (2) weeks' advance notice, a regular employee will be paid any salary earned, overtime, holiday time and PTO leave (if not on probation).
B. 
Separation Without Notice. If an employee voluntarily terminates employment without giving advance notice of two (2) weeks, accumulated PTO shall not be paid to the employee, unless otherwise authorized by the City Administrator.
C. 
Final Paycheck Held If Indebted To City. The final paycheck due any officer or employee who may be indebted to the City shall not be issued until the extent of such indebtedness to the City has been eliminated. In addition, the final paycheck, ordinarily issued at the next regular pay period, will not be issued if the individual has not returned City-owned equipment or clothing.
[CC 1988 §23.160; Ord. No. 746 §1, 4-1-1991]
A. 
Purpose.
1. 
The purpose of employee performance evaluations is twofold. The primary purpose of the evaluation is developmental in nature with the emphasis being on developing the potential of the evaluated employee so that both organizational goals and the employee's personal career goals can be met. While supervisors are expected on a regular basis to give employees feedback on their performance, the formal performance evaluation should be viewed by both the supervisor and employee as a time for clearly communicating job expectations and an assessment of the employee's performance in measuring up to these expectations.
2. 
A secondary function of employee performance evaluations is administrative, the results of which shall be considered in determining salary increases and decreases within the limits fixed by the City Administrator and as a factor in determining the promotion, demotion, transfer or dismissal of an employee.
B. 
Policy.
1. 
It is the policy of the City to evaluate each employee at least once each year, in January, after the successful completion of the probationary period. Probationary employees shall be evaluated at the end of each three (3) month period.
2. 
Performance evaluations shall be conducted by supervisors at least annually and such evaluations shall be reviewed with each employee.
3. 
Performance evaluations shall be conducted on forms provided by the City Administrator, signed by the supervisor and employee, and filed in the employee's personnel file.
4. 
The employee's signature on the performance evaluation instrument is not to be construed as agreement with the supervisor's ratings. The signature merely signifies that the employee has reviewed the evaluation and discussed it with the supervisor.
[CC 1988 §23.170; Ord. No. 746 §1, 4-1-1991; Ord. No. 3828, 3-19-2018]
City employees shall not be appointed or retained on the basis of their political activities. No City employee shall actively advocate or oppose the candidacy of any individual for nomination or election to any City of Lake Saint Louis office, but an employee may participate in political affairs at other levels of government, provided such participation does not adversely affect his/her performance as a City employee. Employees are expected to exercise their right to vote in City elections but shall not engage in or participate in any other way in any Lake Saint Louis public official election. Failure to comply with these provisions is grounds for immediate dismissal. This Section shall not apply to any first responder while off-duty and not in uniform.
[CC 1988 §23.200; Ord. No. 746 §1, 4-1-1991; Ord. No. 880 §1, 5-17-1993; Ord No. 1176 §1, 4-21-97]
A. 
Report To Work On Time. It is expected that employees shall report to work on time, use their available working hours to the best advantage, and leave only after their regular working hours.
B. 
Employee Actions.
1. 
The actions of employees of the City reflect not only upon the employee but also on the whole organization. Pride in the community and the work performed is encouraged. Each employee should act in a respectful, professional and responsible fashion so as to be as much above criticism as is possible given the circumstances.
2. 
All requests on the part of City personnel for donations of money, goods or services for the benefit of the City, one (1) of its departments, boards or volunteer organizations shall be referred to the City Administrator prior to making any such requests. The City Administrator shall make a determination as to whether or not said solicitation shall proceed, and whether or not said solicitation should be approved by the Board of Aldermen.
3. 
All selling or soliciting of goods, services or money by City employees intended to benefit the City must be approved by the City Administrator in advance of such activity.
4. 
Employees shall follow the ICMA Code of Ethics, which are posted in City Hall, to the best of their ability.
5. 
Employees shall not engage in any conduct which impairs their ability to perform their official duties or causes the City to be brought into dispute.
6. 
He/she shall be neat not only in appearance but in his/her surroundings, and he/she shall keep his/her place of work as neat as possible.
7. 
City employees shall uphold the Constitution of the United States of America and of the State of Missouri and the ordinances of the City of Lake Saint Louis and all other State and City laws.
8. 
City employees shall make no private promises of any kind binding upon the duties of the office since a government employee has no private word which can be binding on public entity.
9. 
City employees shall expose corruption wherever discovered.
10. 
A City employee in his/her official capacity shall not assist in the sale of any goods or services by permitting his/her endorsement of said goods or services to be used for advertising purposes.
11. 
Employees shall be held financially responsible for damages or losses due to their negligence.
C. 
Courtesy.
1. 
City employees shall be courteous to the public. Employees shall be tactful in the performance of their duties, shall control their tempers and exercise the utmost patience and discretion, shall not engage in argumentative discussion even in the face of extreme provocation. In the performance of their duties, employees shall not use coarse, violent, profane or insolent language and should not express any prejudice concerning race, religion, politics, national origin, lifestyle or similar personal characteristics.
2. 
Notwithstanding the above, no employee shall be expected to withstand abuse, discrimination or unreasonable provocation. In the event of such a situation, the employee is strongly urged to retreat and report the incident to his/her immediate supervisor for resolution.
D. 
Dating/Personal Relationships.
[Ord. No. 3307 §§1 — 2, 8-18-2014]
1. 
The City forbids supervisory/management personnel from entering into a dating relationship with any employee whom he or she supervises. This policy applies to all employees without regard to the gender or sexual orientation of the individuals involved.
2. 
Employees are encouraged to keep all aspects of personal relationships with any coworker out of the workplace. Work-related problems that occur, in full or in part, due to personal relationships between coworkers will be dealt with just as any performance issue. If the performance problem is not corrected, one (1) or both of the employees may be terminated from employment if the City Administrator determines this to be in the best interest of the City.
[CC 1988 §23.210; Ord. No. 746 §1, 4-1-1991]
All employees are expected to dress appropriately for their required duties. Cleanliness and good grooming is expected of all personnel. Departments requiring uniforms shall establish their own proper dress code to supplement overall appearance requirements of the City. A department director may require an employee to leave his/her job without pay when the attire or the employee's general appearance is considered inconsistent with departmental policy. City uniforms shall not be worn when the employee is off duty unless authorized by the department head or City Administrator.
[CC 1988 §23.220; Ord. No. 746 §1, 4-1-1991]
Coffee breaks and other interludes in the work schedule are a privilege rather than a right. Under normal circumstances one (1) coffee break within each four (4) hours of work will be assumed reasonable. However, during emergencies such breaks may not be permitted. Whenever it becomes clear an employee or group of employees abuse the coffee break privilege, the City Administrator may take action to restrict the number, amount of time or location of such breaks.
[1]
Editor's Note — Ord. no. 2359 §1, adopted November 6, 2006, repealed section 117.140 "uniforms" in its entirety. Former section 117.140 derived from CC 1988 §23.230; ord. no. 746 §1, 4-1-1991. At the editor's discretion, this section has been reserved for the city's future use.
[CC 1988 §23.240; Ord. No. 746 §1, 4-1-1991]
A. 
Employees shall arrange and conduct their personal financial affairs so that creditors and collection agencies will not have to make use of the offices of the City for purpose of making collections.
B. 
The City shall not become actively involved in a non-adjudicated claim of indebtedness posed by an employee's creditor. In the event that a creditor has obtained a court judgment against a City employee relative to a garnishment or wage assignment, the City shall comply with such judgment.
C. 
The City can and will use payroll deductions to obtain reimbursement for any money owed to the City for goods or services provided by the City to the employee. Such reimbursements include, but are not limited to, tuition assistance, uniforms and equipment, use of City facilities, etc.
[CC 1988 §23.250; Ord. No. 746 §1, 4-1-1991]
Reporting to work in a drugged or intoxicated condition, consuming intoxicating beverages or drugs on the job, or having alcoholic beverages or drugs concealed on City property are prohibited actions.
[CC 1988 §23.260; Ord. No. 746 §1, 4-1-1991; Ord. No. 2201 §1, 8-15-2005]
A. 
Equipment And Supplies. Equipment and supplies purchased with City funds, or provided by other governments, shall be used exclusively for public purposes. Employees shall not use or permit the use of City-owned or controlled property for private gain or advantage.
B. 
Vehicles.
1. 
City-owned vehicles, other than Police Department vehicles, are generally available to employees to facilitate performing job-related duties and shall be used for official business whenever possible and practical. City employees are expected to use City-owned automobiles solely for that purpose. City vehicles may not be used for personal purposes unless specifically pre-authorized by the City Administrator. The employee using the vehicle is responsible for tracking mileage related to personal use and turning that mileage into Finance. When an employee is "on call", it is that employee's responsibility to report personal use mileage to Finance.
2. 
Members of an employee's family or unauthorized personnel are not permitted to drive City-owned vehicles.
3. 
Police Department vehicles shall be used when performing City duties and in accordance with written policies established by the Chief.
4. 
All policies in regard to the use of City-owned vehicles must comply with current IRS regulations as they apply to employer-provided vehicles.
5. 
Any questions concerning the current IRS regulations should be directed to the Finance Director.
[1]
Editor's Note — Ord. no. 2359 §1, adopted November 6, 2006, repealed section 117.180 "use of the internet" in its entirety. Former section 117.180 derived from CC 1988 §23.262; ord. no. 1349 §1, 10-5-1998. At the editor's discretion, this section has been reserved for the city's future use.
[CC 1988 §23.265; Ord. No. 783 §§1 — 2, 12-16-1991; Ord. No. 1095 §1, 6-3-1996]
A. 
General.
1. 
Employee harassment will not be tolerated by the City of Lake Saint Louis, Missouri.
2. 
This harassment policy applies to all officers and employees of the City of Lake Saint Louis including, but not limited to, full- and part-time employees, elected officials, appointed officials, permanent and temporary employees, and employees working under contract for the City.
3. 
Every employee shall be required to acknowledge his/her receipt of this policy in writing. A copy of that acknowledgement shall be kept on permanent file in the City. Department heads and supervisors shall also be responsible for insuring that all employees under their direction are familiar with this policy.
B. 
Sexual Harassment.
1. 
Sexual harassment is unwelcome conduct in the form of pinching, grabbing, patting, propositioning, making either explicit or implied job threats or promises in return for or submission to sexual favors, making inappropriate sex-orientated comments on appearance, including dress or physical features, telling embarrassing sex-oriented stories, displaying sexually explicit or pornographic material, no matter how it is displayed, or sexual assaults on the job by supervisors, fellow employees, or on occasion non-employees when any of the foregoing unwelcome conduct affects employment, makes the job environment hostile or distracting, or unreasonably interferes with work performance.
2. 
Sexual harassment is behavior with sexual content or overtones that is unwelcome and personally offensive. It can consist of sexually oriented "kidding" or jokes, physical contact such as patting, pinching or purposely rubbing up against another person's body, demands or requests for sexual favors tied to promise of better treatment or threats concerning employment, discriminating against an employee for refusing to "give in" to demands or requests for sexual favors, or offering favors to one in return for sexual favors.
3. 
The definition of sexual harassment includes conduct directed by men toward women, men toward men, women toward men, and women toward women.
C. 
Harassment.
1. 
The City of Lake Saint Louis is committed to courteous and considerate treatment of its employees at all times as an accepted standard of behavior. Consequently, we are committed to a work atmosphere that is free of tension caused by any form of conduct that results in any level of physical or mental harassment including, but not limited to, animosity engendered by inappropriate religious, racial or sexual conduct or comments.
2. 
The harassment of others will not be tolerated. In particular, an atmosphere of tension created by ethnic or religious remarks or animosity, unwelcome sexual advances, requests for sexual favors or other conduct of a sexual nature does not belong in our workplace.
3. 
Harassment includes any form of behavior that ridicules, intimidates, hurts, damages property, or frightens another. It can consist of "kidding", jokes, or making inappropriate comments on one's appearance, including dress and physical features.
4. 
When any verbal or physical conduct unreasonably interferes with any individual's work performance or creates a physically or mentally intimidating, hostile or offensive work environment, we urge the offended individual to notify his/her department head or the City Administrator so that he/she may have an opportunity to investigate and deal with the problem. All inquiries will be held in the utmost confidence, but the matter will be investigated and dealt with expeditiously.
D. 
Making Harassment Complaints.
1. 
Any employee who feels he/she is subjected to harassment should immediately contact one (1) of the persons below with whom the employee feel the most comfortable. Complaints may be made orally or in writing to:
a. 
The employee's immediate supervisor.
b. 
The employee's department head.
c. 
The City Administrator.
d. 
The Mayor.
2. 
Employees have the right to circumvent the normal employee chain of command in selecting a person to whom to make a complaint of harassment.
3. 
The employee should be prepared to provide the following information:
a. 
Complainant's name, department, and position title.
b. 
The name of the person(s) committing the harassment, including their title if known.
c. 
The specific nature of the harassment, how long it has gone on, specific dates and times of incident if possible, and any employment action (demotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against you as a result of the harassment.
d. 
Witnesses to the harassment, if any.
e. 
Whether you have previously reported this incident of harassment and, if so, when and to whom.
E. 
Reporting And Investigation Of Harassment Complaints.
1. 
The City Administrator is the person designated by the City to be the investigator of complaints of harassment. The City Administrator may delegate the investigation to another City employee at his/her discretion. In the event the harassment complaint is against the City Administrator, the investigator shall be a municipal employee appointed by the Mayor.
2. 
When an allegation of harassment is made by any employee, the person to whom the complaint is made shall immediately prepare a written report of the complaint and submit it to the City Administrator or, in the event the harassment complaint is against the City administrator, to the Mayor. The investigator shall make and keep a written record of the investigation, including notes of verbal responses made to the investigator by the person complaining of harassment, witnesses interviewed during the investigation, the person against whom the complaint of harassment was made, and any other person contacted by the investigator in connection with the investigation. The notes shall be made at the time the verbal interview is in progress.
3. 
The City Administrator shall, within a reasonable time, no later than thirty (30) days from the date the incident is reported, determine whether the conduct of the person against whom a complaint of harassment has been made constitutes harassment. In making that determination, the City Administrator shall look at the record as a whole and at the totality of circumstances, including the nature of the conduct in question, the context in which the conduct, if any, occurred, and the conduct of the person complaining of harassment. The determination of whether harassment occurred will be made on a case-by-case basis.
4. 
If the City Administrator determines that the complaint of harassment is founded, he/she shall take immediate and appropriate disciplinary action against the employee found guilty of harassment, consistent with his/her authority outlined in Section 117.480.
5. 
The disciplinary action shall be consistent with the nature and severity of the offense and any other factors the City Administrator believes are necessary in fostering equality and efficiency in the administration of the City including, but not limited to, the effect of the offense on employee moral, public perception of the offense, and the light in which it casts the City. The disciplinary action may include demotion, suspension, dismissal, warning or reprimand. A determination of the level of disciplinary action shall also be made on a case-by-case basis.
6. 
A written record of disciplinary action taken shall be kept, including verbal reprimands.
7. 
In any event an employee found guilty of harassment shall be warned not to retaliate in any way against the person making the complaint of harassment or to witnesses or any other person (s) connected with the investigation of the complaint of harassment.
F. 
Against The City Administrator. Upon receipt of a report on the investigation of a complaint of harassment against the City Administrator, the Mayor shall present the report to the Board of Aldermen. If the Board of Aldermen determines that the complaint of harassment is founded, it shall discipline the City Administrator consistent with its authority under Section 117.480.
G. 
Against An Elected Official. Upon receipt of a report on the investigation of a compliant of harassment against an elected official, the Board of Aldermen shall discipline an elected official in whatever manner it deems appropriate, consistent with its authority under State law.
H. 
Harassment Committed By Non-Employees. In cases of harassment committed by a non-employee against a City employee in the workplace, the City Administrator shall take all lawful steps to insure that the harassment is brought to an immediate end.
I. 
Obligation Of Employees.
1. 
Employees are not only encouraged to report instances of harassment, they are morally obligated to report such harassment in a timely manner. Harassment increases the City's liability exposure and it is the duty of each employee to reduce the City's exposure.
2. 
Employees are obligated to cooperate in every investigation of harassment including, but not necessarily limited to, coming forward with evidence, both favorable and unfavorable, to a person accused of harassment, fully and truthfully making a written report or verbally answering questions when required to do so by an investigator during the course of an investigation.
3. 
Employees are also obligated to refrain from filing bad faith complaints of harassment.
4. 
Disciplinary action shall also be taken against any employee who fails or refuses to cooperate in an investigation of alleged harassment, or who intentionally files a false complaint of harassment.
[CC 1988 §23.267; Ord. No. 1349 §1, 10-5-1998]
A. 
General Policy. The City of Lake Saint Louis is committed to providing to employees a safe environment. The City will not tolerate acts of violence committed by or against City employees while on City property or while performing City business at other locations. Any such act will be investigated and addressed in a way to prevent a reoccurrence. The City intends to use reasonable legal, managerial, administrative and disciplinary procedures to secure the workplace from violence and to reasonably protect employees from harm.
B. 
Description Of Workplace Violence. Workplace violence in this policy shall mean an act or behavior that:
1. 
Is physically assaultive.
2. 
A reasonable person would perceive as obsessively directed, e.g., intensely focused on a grudge, grievance or romantic interest in another person and reasonably likely to result in harm or threats to persons or property.
3. 
Consists of a communicated or reasonably perceived threat to harm another individual.
4. 
Would be interpreted by a reasonable person as carrying potential for physical harm to the individual.
5. 
Is a behavior or action that a reasonable person would perceive as menacing.
6. 
Involves carrying or displaying weapons, destroying property or throwing objects in a manner reasonably perceived to be threatening.
7. 
Consists of a communicated or reasonably perceived threat to destroy property.
C. 
Making A Complaint.
1. 
Any employee who feels he/she has been subjected to workplace violence should immediately contact one (1) of the persons below with whom the employee feels the most comfortable. Complaints may be made orally or in writing to:
a. 
The employee's immediate supervisor.
b. 
The employee's department head.
c. 
The City Administrator.
d. 
The Mayor.
2. 
Employees have the right to circumvent the normal employee chain of command in selecting a person to whom to make a complaint of workplace violence.
3. 
The employee should be prepared to provide the following information:
a. 
Complainant's name, department and position title.
b. 
The name of the person(s) committing the violence (including their title if an employee of the City).
c. 
The specific nature of the violence and specific date and time of the incident.
d. 
Witnesses to the incident, if any.
e. 
Whether you have previously reported this incident and, if so, when and to whom.
D. 
Reporting And Investigation Of Workplace Violence.
1. 
The City Administrator is the person designated by the City to be the investigator of complaints of workplace violence. The City Administrator may delegate the investigation to another City employee at his/her discretion. In the event the complaint is against the City Administrator, the investigator shall be a municipal employee appointed by the Mayor.
2. 
When an employee makes a complaint of workplace violence, the person to whom the complaint is made shall immediately prepare a written report of the incident and submit it to the City Administrator or, in the event the complaint is against the City Administrator, to the Mayor.
3. 
The City Administrator shall make and keep a written record of the investigation, including notes of verbal responses made to the investigator by the person complaining of workplace violence, witnesses interviewed during the investigation, the person against whom the complaint was made, and any other person contacted by the investigator in connection with the investigation. The notes shall be made at the time the verbal interview is in progress.
4. 
The City Administrator shall, within a reasonable time, no later than thirty (30) days from the date the incident is reported, determine whether the conduct of the person against whom a complaint has been made constitutes violence. In making that determination, the City Administrator shall look at the record as a whole and at the totality of circumstances, including the nature of the conduct in question, the context in which the conduct, if any, occurred, and the conduct of the person complaining of violence. The determination of whether violence occurred will be made on a case-by-case basis.
5. 
If the City Administrator determines that the complaint is founded, he/she shall take immediate and appropriate action.
6. 
If the complaint is against an employee, disciplinary action shall be consistent with the nature and severity of the offense and any other factors the City Administrator believes are necessary in fostering equality and efficiency in the administration of the City including, but not limited to, the effect of the offense on employee moral, public perception of the offense, and the light in which it casts the City. The disciplinary action may include demotion, suspension, dismissal, warning or reprimand. A determination of the level of disciplinary action shall also be made on a case-by-case basis.
7. 
A written record of disciplinary action taken shall be kept in the employee's personnel file, including verbal reprimands.
8. 
In any event, an employee found guilty of workplace violence shall be warned not to retaliate in any way against the person making the complaint or to witnesses or any other person(s) connected with the investigation of the complaint.
E. 
Complaint Against The City Administrator. Upon receipt of a complaint against the City Administrator, the Mayor shall prepare or have prepared a report and shall present the report to the Board of Aldermen. If the Board of Aldermen determines that the complaint of violence is founded, it shall discipline the City Administrator.
F. 
Complaint Against An Elected Official. Upon receipt of a report on the investigation of a complaint against an elected official, the Board of Aldermen shall discipline the elected official in whatever manner it deems appropriate, consistent with its authority under State law.
G. 
Violence Committed By Non-Employee. In cases of violence committed by a non-employee against a City employee in the workplace, the complaint will be investigated and addressed in a way to prevent a reoccurrence of a violent incident.
H. 
Obligation Of Employee.
1. 
Employees shall report all instances of workplace violence in a timely manner.
2. 
Employees are obligated to cooperate in any investigation of violence including, but not necessarily limited to, coming forward with evidence, both favorable and unfavorable to a person accused of violence, fully and truthfully making a written report or verbally answering questions when required to do so by an investigator during the course of an investigation.
3. 
Disciplinary action shall be taken against any employee who fails or refuses to cooperate in an investigation of alleged violence, or who intentionally files a false complaint of workplace violence.
[CC 1988 §23.270; Ord. No. 746 §1, 4-1-1991; Ord. No. 1493 §1, 3-6-2000; Ord. No. 2359 §1, 11-6-2006; Ord. No. 2378 §1, 11-20-2006]
A. 
Solicitation Of Gifts Prohibited. City employees and officials are prohibited from directly or indirectly soliciting any gifts or gratuities from any persons doing or seeking to do business with the City. Further, employees and officials shall not accept or receive any gifts or gratuities, directly or indirectly, whether in the form of money, services, loans, travel, entertainment, hospitality, things or promises or in any other form under circumstances in which such could reasonably be expected to influence the performance of official duties, or where it could reasonably be presumed to be a reward for any official action.
B. 
Acceptable Gifts. Nevertheless, modest and customary business hospitality and entertainment listed below may be accepted by employees and officials without being in violation of this Section provided such gestures are unsolicited by employees and officials and are not made in exchange for any action or promise of specific action. This policy is not intended to isolate employees and officials from normal social practices where gifts among associates and friends are appropriate for certain occasions.
1. 
A gift is defined as:
a. 
Occasional complimentary lunches or dinners.
b. 
Occasional tickets to sporting or cultural events.
c. 
Entry or other associated fees for sporting activities.
d. 
Modest holiday gifts of less than fifty dollars ($50.00) in value.
e. 
Occasional invitations to hospitality suites at meetings and conventions.
Any other product, merchandise or service given as a gift other than the above is specifically prohibited.
2. 
A gift does not include:
a. 
Campaign contributions which are reported under Chapter 130, RSMo.
b. 
Compensation from an employer, a sole proprietorship or a partnership.
c. 
Coffee, donuts and similar refreshments as a normal courtesy incidental to the conduct of a business meeting or work activity.
d. 
Costs of attending events or functions in official City capacity.
C. 
Reporting Requirements.
1. 
If the retail value of such gifts received in any calendar year from such person, organization or corporation to an employee or official does not exceed fifty dollars ($50.00), then the gifts may be accepted and no reporting is required. Gifts of alcohol are strictly prohibited. This exclusion is not meant to prohibit employees from accepting alcohol served in a hospitality suite or special event.
2. 
If the retail value of such gifts received in any calendar year from such person, organization or corporation to an employee or official exceeds fifty dollars ($50.00), the employee or official must notify the City Administrator in writing about the gift's offer and the City Administrator shall decide if the gift may be accepted. In the case the City Administrator receives a gift that exceeds fifty dollars ($50.00), the City Administrator must notify the Mayor in writing about the gift's offer and the Mayor shall decide if the gift may be accepted and make a report to the Board of Aldermen about each request. Reports required by this Section shall be considered public records.
D. 
Awards. Any award given in recognition of service by a professional, social or service organization and any food, lodging, honorariums, registration or similar courtesies given by such organizations in exchange for presentations or other services to the organization may be accepted regardless of value, but shall be reported as provided herein.
E. 
Non-Discrimination. Under no circumstances shall any City employee discriminate against any individual or business or professional entity with respect to City business on account of the failure of such individual or entity to offer business hospitality or entertainment of the type described hereinabove.
[CC 1988 §23.280; Ord. No. 746 §1, 4-1-1991; Ord. No. 2611 §1, 7-7-2008]
A. 
Employees are permitted to engage in outside employment subject to the following restrictions:
1. 
Any outside employment is secondary to City employment and shall not interfere with proper performance of City employment and shall not bring embarrassment or criticism to their department or the City. Employees should report to work refreshed and ready for work.
2. 
No employee shall accept pay or compensation from anyone for time during which he/she is reimbursed by the City.
3. 
Employees are prohibited from working for any contractor or company that has a contract adopted by ordinance with the City.
4. 
No employee shall accept employment that requires the use of City equipment, facilities or materials.
5. 
Any doubtful case should be taken up with the City Administrator if it may involve a conflict of interest.
6. 
No employee shall accept employment while on sick or injury leave with the City.
7. 
Department heads shall be notified of any outside employment.
[CC 1988 §23.290; Ord. No. 746 §1, 4-1-1991; Ord. No. 2359 §1, 11-6-2006]
A. 
Employee Responsibility. It is the responsibility of all City of Lake Saint Louis employees to conduct themselves in a manner that is safe to the employee, fellow employees and the general public. It is an employee's duty to report to his/her supervisor or members of the Safety Committee any condition or practice which he/she thinks might be unsafe. Equipment which is felt to be unsafe should not be operated and the unsafe condition should be reported immediately.
B. 
Safety Committee And Safety Manual. All provisions of the City of Lake Saint Louis Safety Manual are to be followed at all times as are any safety regulations which may be part of the Department regulations. All employees will be provided a copy of the City of Lake Saint Louis Safety Manual upon employment and whenever it is updated. Forms acknowledging the receipt of this manual and its updates are to be signed by all employees and returned to the Finance Director and kept in their personnel file. The Safety Committee shall be established by the City Administrator.
C. 
Personal Accidents.
1. 
When an employee is injured on the job, he/she should report the injury immediately to his/her supervisor and obtain medical assistance. All employees of the City are covered under Worker's Compensation. These benefits usually consist of compensation and all medical expenses. As soon as possible, a report of the accident should be completed and furnished to the Finance Director so as not to jeopardize the injured employee's rights to Worker's Compensation benefits or medical expenses. Even if the injury is slight and no lost time is involved, a report must be made. This is necessary to protect the employee in case a future disability results because of the injury. The Worker's Compensation report shall be completed by the injured employee and/or his/her supervisor and signed by the supervisor. The forms which are necessary to report accidents are available in each department's office or in the office of the Finance Director. It is the employee's responsibility to submit all bills received to the Finance Director as soon as possible.
2. 
The responsible department head will in all cases submit an accident report to the Safety Committee describing the accident, the probable causes, and any preventative action taken. The Safety Committee shall review the report and make recommendations to the City Administrator.
D. 
Vehicle Accidents.
1. 
Equipment operators involved in accidents must notify the Lake Saint Louis Police Department immediately for investigation and report. He/she should also notify his/her supervisor and department head. The department head shall notify the Finance Director immediately so that the insurance carrier may be apprised of the accident.
2. 
An equipment operator involved in an accident with a City vehicle outside the City limits must notify the appropriate law enforcement agency immediately for an investigation and report. He/she shall also notify his/her department head and request that a copy of the accident report be submitted to the Finance Director.
3. 
The responsible department head will in all cases submit an accident report to the Finance Director and the Safety Committee describing the accident, the probable causes, and any preventative action taken. The Safety Committee shall review the report and make recommendations to the City Administrator.
E. 
Hazards. All employees will be alert to any conditions anywhere in the City which may cause accidents or injury and shall report such conditions immediately to their supervisors and the Safety Committee. The City will promptly investigate such conditions and if it finds the conditions unsafe, will take appropriate corrective action.
F. 
(Reserved)
[CC 1988 §23.300; Ord. No. 746 §1, 4-1-1991; Ord. No. 2673 §1, 11-17-2008]
All personnel records are kept by the Human Resource Coordinator and are confidential. Under certain circumstances, however, the City can and will release certain information, as a matter of public record, to third (3rd) parties without the specific approval or consent of the employee. Such disclosures will be limited to verification of periods of employment, compensation and eligibility for rehire by the City. Under all other circumstances, an employee or former employee must sign a release form provided by the Human Resource Coordinator before information concerning the employee's work history or employment will be provided to anyone. Employees releasing personnel information without proper authorization may be subject to disciplinary action. Upon request, employees or former employees may inspect their personnel files during normal work hours. Employees should notify the Human Resource Coordinator of any changes in address, name, phone number or other information concerning your employment.
[1]
Editor's Note — Ord. no. 2359 §1, adopted November 6, 2006, repealed sections 117.250 "training", 117.260 "mobile phones" and 117.270 "membership dues" in their entirety. Former sections 117.250 — 117.270 derived from CC 1988 §23.310 — 23.311, 23.315; ord. no. 746 §1, 4-1-1991; ord. no. 829 §1, 9-8-1992; ord. no. 1217 §1, 9-2-1997. At the editor's discretion, these sections were reserved for the city's future use.
As to travel provisions, see Section 115.080. As to expense reimbursement, see Section 110.025 of this Code.
[CC 1988 §23.330; Ord. No. 746 §1, 4-1-1991]
A. 
Purpose Of Policy. To clarify and establish a standard regarding drug and alcohol use and sale in our workplace. It should be noted that while this policy details the City's prohibition against the use of alcohol and drugs in the workplace, it is the position of the City that it would prefer to help, rather than punish, employees with this type of problem.
B. 
Prohibited Acts Or Conditions. The following acts or conditions are prohibited:
1. 
Use or sale of alcohol, drugs or controlled substances on City premises or in City vehicles.
2. 
Being under the influence of alcohol, drugs or controlled substances during working hours or on City premises.
3. 
Smoking is prohibited during public meetings.
C. 
Policy Definitions.
1. 
Drugs and controlled substances include illegal drugs, lawfully possessed prescriptions and over the counter drugs which may impair alertness, judgment or coordination.
2. 
Under the influence is a condition which impairs alertness, judgment or coordination, affects ability to work in a safe and productive manner, creates a safety risk to the employee, co-worker or the public or property and is manifest by having a detectable level of drugs or alcohol in the body.
D. 
Discipline Actions. The City reserves the right to counsel and discipline employees found in violation of this policy in the following ways depending on severity of the circumstances:
1. 
Mandatory counseling.
2. 
Written reprimand.
3. 
Suspension.
4. 
Demotion.
5. 
Discharge.
E. 
Drug And/Or Alcohol Testing. Drug and alcohol testing of blood, urine and other appropriate medical tests may occur in the following circumstances:
1. 
Consent required as a condition of employment for all new employees.
2. 
When appearance, behavior or involvement in an accident raise reasonable suspicion of impairment or fitness to work.
3. 
Routinely following an accident involving an injury as part of a physical exam.
[CC 1988 §23.340; Ord. No. 746 §1, 4-1-1991]
In the event of catastrophe or extreme emergency where the health, welfare or safety of the public is threatened, or where lives and/or property are endangered, a department head or his/her designate may require employees to report to work for extended periods. During these extreme situations, management may require employees to perform tasks that are not reflected in their job descriptions. In these situations, the appropriate department head reserves the right to employ such persons as may be needed for the duration of the emergency.
[CC 1988 §23.400; Ord. No. 746 §1, 4-1-1991; Ord. No. 2144 §1, 3-7-2005]
A. 
Employee Coverage. The City will provide all permanent employees working at thirty (30) hours per week with group medical, dental and life insurance. It shall be the option of the employee if he or she wishes to subscribe to the single or family coverage plan. From time to time the Board of Aldermen may revise the City's insurance plan.
[Ord. No. 3191 §1, 7-15-2013]
B. 
Continue Coverage After Termination. Federal law (COBRA) now permits employees and covered dependents to choose to continue health and dental coverage, at group rates, in certain instances, where coverage under the plan would otherwise end. Any employee may continue this coverage, for up to eighteen (18) months, should he or she terminate employment for any reason other than "gross misconduct". Dependents of employees may continue their coverage upon the employee's death, upon divorce, or upon legal separation. In all instances, the person continuing the coverage will pay the full premium with no contribution on the City's part. See the Finance Director for additional information.
C. 
Non-Retaliation Policy. An entity covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) may not intimidate, threaten, coerce, discriminate against or take any other retaliatory action against an individual who exercises his/her privacy rights, files a complaint, participates in an investigation or compliance review or opposes the entity's privacy policy if he/she has a good faith belief that it is unlawful.
D. 
Non-Waiver Of Rights Policy. An entity covered by HIPAA cannot require individuals to waive their right to file a complaint as a condition for treatment, payment, enrollment in a health plan or eligibility for benefits.
[CC 1988 §23.410; Ord. No. 746 §1, 4-1-1991; Ord. No. 1900 §1, 9-23-2003; Ord. No. 2982 §1, 6-20-2011]
A. 
Who Is Covered. All employees of the City of Lake Saint Louis are covered by Workers' Compensation insurance as required by Missouri State law while performing assigned duties.
B. 
On The Job Injury. Any employee sustaining an injury while on duty must obtain medical treatment at an authorized location and must obtain a written release prior to being allowed to return to work. A list of authorized locations and providers will be posted in each department and can be obtained from the Finance Department.
C. 
Report Of Injury. Immediately following any injury, the injured employee's supervisor and/or the employee must fill out a Missouri Department of Labor and Industrial Relations Division of Workers' Compensation "Report of Injury" form and a Supervisor's Investigation Report and submit them to the Finance Director. The Finance Director will complete the forms and file them with the Workers' Compensation insurance carrier. These forms must be filed within forty-eight (48) hours of the injury. Under no circumstances should the information be delayed longer than the day following the injury.
D. 
Medical Bills. All hospital or medical bills and correspondence received by the employee must be submitted to the Finance Director who will forward them for payment to the City's Workers' Compensation insurance carrier. These bills should be turned in as soon as they are received.
E. 
Compensation.
1. 
Employees' absence resulting from an injury sustained on the job shall receive compensation as provided by the City's Workers' Compensation insurance carrier. The City may pay to employees in full-time employee categories, as additional compensation, the difference between the full-time employee's average salary or wages based on a forty (40) hour workweek and the amount paid by the Workers' Compensation insurance carrier from the date of injury on the job until the employee's accrued leave is exhausted, provided the following conditions are met:
a. 
The required forms were completed immediately following the injury as required by Missouri Workers' Compensation law and submitted to the Finance Director.
b. 
The employee received and continues to receive necessary treatment for the injury from a physician or hospital approved by the City.
c. 
The physician, approved by the City, recommends that the employee is not fit to perform the duties of an employee of the City.
d. 
The employee does not receive disability insurance benefits provided by the City.
e. 
The injury was not the result of or caused by the failure of the employee to follow all regulations, directives, rules, guidelines, etc., of the Personnel Manual or Safety Manual of the City of Lake Saint Louis.
2. 
The City will only pay additional compensation using the employee's accrued PTO, ESL, sick or compensatory time. The additional compensation by the City shall cease upon the earlier of the exhaustion of the employee's accrued PTO, ESL, sick or compensatory time or the employee's return to work duties.
3. 
If the employee has not returned to work upon exhaustion of accrued leave, the employee shall receive compensation as provided by the City's Workers' Compensation insurance carrier.
4. 
The City Administrator or his designee shall periodically contact the treating physician to determine the date that the employee may return to work and any medical conditions on employee's work duties. The City Administrator may grant a temporary leave of absence for the employee not fit to return to work, but for a period not to exceed one hundred twenty (120) days. The City Administrator may thereafter, at his discretion, grant up to one (1) year of temporary leave of absences, provided the employee is unable to perform employee duties for medical reasons as a result of the work-related injury.
[CC 1988 §23.420; Ord. No. 746 §1, 4-1-1991; Ord. No. 1398 §1, 2-1-1999; Ord. No. 1997 §1, 4-5-2004]
A. 
Social Security. All employees of the City of Lake Saint Louis are covered by Social Security.
B. 
Lagers.
1. 
The City of Lake Saint Louis participates in the Missouri Local Government Employees Retirement Systems (LAGERS) under the non-contributory benefit plan LT-8 with rule of eighty (80) and out.
2. 
All employees who are employed in a position normally requiring at least fifteen hundred (1,500) hours annually become members of Lagers as a condition of their employment with the City of Lake Saint Louis.
3. 
All eligible employees, at the time they are hired, must complete a membership form which is provided by the Finance Director.
4. 
After six (6) full months of employment, the City will contribute the full portion of an employee's retirement program based on the employee's wages. If the employee's date of employment is any day other than the first (1st) calendar day of the month, the six (6) month waiting period will start the first (1st) day of the month following the month in which he/she was employed.
5. 
A new employee who had previously been a member of Lagers at another City may be eligible to start immediately with no six (6) month waiting period. See the Finance Director for more information.
C. 
Deferred Compensation Plan. All permanent full-time employees may participate in a payroll deduction 457 Deferred Compensation Plan. Forms may be obtained from the Finance Director.
[CC 1988 §23.430; Ord. No. 746 §1, 4-1-1991; Ord. No. 1095 §2, 6-3-1996; Ord. No. 1860 §1, 6-2-2003; Ord. No. 2359 §1, 11-6-2006; Ord. No. 2982 §1, 6-20-2011]
A. 
Paid Leave. Upon death, the employee's designated beneficiary shall receive compensation in an amount equal to the number of that employee's earned and unused PTO days, holidays and sick leave hours (earned prior to July 1, 2011, and up to a maximum of twelve hundred (1,200) sick leave hours) based upon the employee's rate of pay at the time of death.
B. 
Continue Dependent Medical Coverage.
1. 
Under COBRA, dependents of employees may continue medical coverage, upon the death of the employee, for a period of thirty-six (36) months by paying to the City the required premium when due.
2. 
Should the surviving spouse or dependent(s) elect to continue medical coverage upon the death of the employee, the following schedule will be used to determine the amount of premium due the City:
a. 
One (1) through five (5) years of service: Surviving spouse or dependent(s) are responsible for the entire premium cost as set by the Finance Director.
b. 
Six (6) through ten (10) years of service: twenty-five percent (25%) of the premium cost will be paid by the City for the first (1st) twelve (12) months and seventy-five percent (75%) to be paid by the surviving spouse or dependent(s). On completion of the first (1st) twelve (12) months, the entire premium cost, as set by the Finance Director, will be the responsibility of the surviving spouse or dependent(s).
c. 
Ten (10) plus years of service: fifty percent (50%) of the premium cost will be paid by the City for the first (1st) twelve (12) months and fifty percent (50%) to be paid by the surviving spouse or dependent(s). On completion of the first (1st) twelve (12) months, the entire premium cost will be the responsibility of the surviving spouse or dependent(s).
3. 
(Reserved)
4. 
This coverage shall not apply if the surviving spouse or dependent(s) have medical coverage under a separate policy including Medicare or Medicaid.
[CC 1988 §23.510; Ord. No. 746 §1, 4-1-1991; Ord. No. 1860 §2, 6-2-2003; Ord. No. 2037 §1, 6-21-2004; Ord. No. 2982 §1, 6-20-2011]
A. 
Rate At Which Sick Leave Is Earned. Effective July 1, 2011 no employee shall accrue additional sick leave. Any already accrued sick leave will remain available for employees to utilize, but cannot be replaced with further accruals.
B. 
Use Of Sick Leave.
1. 
Employees may utilize their sick leave when unable to perform their duties due to illness or injury of himself/herself.
2. 
Only necessary medical, dental or optical care shall be recognized as proper use of sick leave.
3. 
Paid sick leave may be used for any FMLA qualifying event. Pursuant to Section 117.420 of the City's Code, FMLA Certification may be required.
[Ord. No. 3450 §2, 9-8-2015]
C. 
Notification By Employee. When the use of sick leave becomes necessary, it is the responsibility of the employee to notify his/her immediate supervisor prior to normal starting time that they will be on sick leave. Unless proper notification is given, sick leave will not be approved unless emergency conditions make it impossible to provide notification.
D. 
Doctor's Statement. An employee will be required to submit a doctor's certificate documenting illness when absent on sick leave for over three (3) consecutive scheduled days. In addition, any time that an employee uses sick leave, department heads may require a doctor's certificate documenting an illness.
E. 
Sick Leave At Termination.
1. 
No sick leave benefits of any kind shall be granted after notice of termination of employment.
2. 
Unused sick leave shall not be paid at termination.
F. 
(Reserved)
G. 
Sick Leave At Retirement. An active employee, hired prior to July 1, 2011, who qualifies for retirement under the City's retirement plan (LAGERS), and who applies for retirement and immediately retires from active service, is eligible to receive payment for up to one thousand two hundred (1,200) hours of accrued and unused sick leave.
H. 
Change Of Leave Status. An employee using PTO leave who becomes ill or injured may, upon proper notice to and approval from the City Administrator, have his/her leave status changed to sick leave.
I. 
Penalty. Claiming sick leave when physically fit, except as permitted in these regulations, may be cause for disciplinary action, including suspension or dismissal.
[CC 1988 §23.520; Ord. No. 746 §1, 4-1-1991; Ord. No. 1795 §1, 11-4-2002; Ord. No. 2359 §1, 11-6-2006; Ord. No. 2982 §1, 6-20-2011]
A. 
Rate At Which PTO Is Granted. After having satisfactorily completed his/her probationary period, each full-time employee shall accrue PTO in accordance with the following schedule:
During the first 5 years of service: 144 hours per year
During the 6th through 10th year of service: 184 hours per year
11+ years of service: 224 hours per year
B. 
PTO Not Cumulative. PTO hours are not cumulative. However, employees may carry up to the maximum number of the PTO hours granted in the previous year to the following fiscal year. The City Administrator may, at his/her own discretion, grant employees permission to carry more hours if extenuating circumstances prevent an employee from taking PTO earned, and if the request is made in writing to the City Administrator. The City Administrator may carry more PTO hours to the following fiscal year if the request is made to the Mayor and the Mayor approves the request.
[Ord. No. 3587 § 1, 10-3-2016]
C. 
PTO Requests. PTO leave shall be requested in advance sufficiently to allow the department head to arrange work schedules. At a minimum PTO leave should be requested in advance by a period of time equal to the length of the PTO period. In no case will PTO leave be granted if not requested prior to the time off, unless due to illness for which no advance notice could be given.
D. 
Notification By Employee. When the use of PTO becomes necessary due to illness, it is the responsibility of the employee to notify his/her immediate supervisor prior to normal starting time that they will be using PTO. Unless proper notification is given, PTO will not be approved unless emergency conditions make it impossible to provide notification.
PTO of not more than three (3) days may be taken in the event of a serious illness in the immediate family of an employee, provided such illness is of such serious nature as to require the attendance of a physician and is determined by the department head that the situation in the immediate family required the presence of the employee. If additional time is required, it must be approved by the City Administrator.
E. 
PTO Scheduling. PTO leave scheduling is a responsibility of the department head. Department heads will take into consideration seasonal demand and acceptable staffing in their respective activities. Priority will be given in PTO scheduling based on a combination of job responsibilities, needs of the community, tenure of the employee, and the timeliness of the request.
F. 
PTO Denied. PTO may be denied in an emergency or when the granting of PTO would result in insufficient staffing. The City Administrator may, in an emergency situation, grant pay for PTO time in lieu of PTO time off.
G. 
PTO At Termination. At termination of service, the City will either grant PTO time or pay in lieu of time at the option of the City Administrator. There will be no PTO pay for an employee leaving the job without notice of resignation of at least ten (10) working days or that has not completed his/her probationary period.
H. 
PTO Buyback Program. Once per year, at a time designated by the City Administrator, employees will have the option to trade in up to four (4) days of unused PTO to the City in exchange for 50% of their normal rate of pay for those hours. Days traded in must be in blocks of eight (8) hours, up to thirty two (32) hours total. Employees may not trade in days that are not yet granted.
I. 
PTO Leave For Part-Time Employees.
1. 
PTO leave for permanent part-time employees shall be calculated on a pro rata basis and computed by dividing their average number of hours they are regularly scheduled per week by forty (40) times the entitlement of full-time employees.
2. 
Temporary or seasonal employees shall not earn nor be paid for any PTO time.
[CC 1988 §23.530; Ord. No. 746 §1, 4-1-1991; Ord. No. 829 §2, 9-8-1992; Ord. No. 2611 §2, 7-7-2008; Ord. No. 2884 §2, 8-16-2010]
A. 
City Holidays. Unless the employee is required to be on regular duty, the following holidays may be observed by City employees:
First (1st) day of January
Third (3rd) Monday in February
Last Monday in May
Fourth (4th) day of July
First (1st) Monday of September
Eleventh (11th) day of November
Fourth (4th) Thursday of November
Fourth (4th) Friday of November
Twenty-fourth (24th) of December
Twenty-fifth (25th) of December
B. 
Holiday Falls Upon A Saturday Or Sunday. When any of these holidays falls upon a Saturday, the preceding Friday shall be considered the holiday; and when these holidays fall on a Sunday, the following Monday shall be considered the holiday. Police Officers and dispatchers shall be exempt from this policy.
C. 
When calculating the rate of pay during the pay period with a holiday, the holiday hours shall be paid at the regular scheduled pay and only overtime as provided for in Section 117.060 shall be calculated at one and one-half (1½) times an employee's regular pay.
D. 
Unauthorized Absence Preceding Holiday. If an unauthorized absence occurs on the day preceding and/or following a holiday, the employee shall not receive compensation for the holiday.
E. 
Rate At Which Holiday Leave Is Earned. Permanent part-time employees shall be entitled to holiday pay for the hours they are assigned to work on a day that is recognized as a holiday by the City. Seasonal or temporary employees are not eligible for holiday pay.
[Ord. No. 3562 §1, 7-5-2016]
[CC 1988 §23.540; Ord. No. 746 §1, 4-1-1991; Ord. No. 783 §3, 12-16-1991; Ord. No. 2359 §1, 11-6-2006; Ord. No. 2982 §1, 6-20-2011]
A. 
Rate At Which Extended Sick Leave Is Earned.
1. 
Permanent part-time employees shall be entitled to ESL on a pro-rata basis computed by dividing their average number of hours they are regularly scheduled per week by forty (40) times the entitlement of full-time employees.
2. 
Each full-time employee shall be granted ESL at a rate of one-half (.5) day for each month of continuous service from date of hire. ESL shall accumulate to a maximum of one thousand forty (1,040) hours and is transferable from year to year. ESL time no longer accumulates once an employee reaches one thousand forty (1,040) hours.
B. 
Use Of Extended Sick Leave.
1. 
For both full-time and part-time employees, ESL can only be used starting with an employee's third consecutive day off work, or seventeenth (17th) consecutive hour of work, whichever is less. PTO or sick leave must be used for the first two (2) days, or sixteen (16) hours, of absence. If the employee does not have sufficient PTO or sick leave available, any time between the exhaustion of PTO and sick leave and the beginning of ESL will be unpaid. A day off is considered as one (1) normal work shift, regardless of the number of hours in the shift. Any exceptions to this rule require the written authorization of the Department Head and the City Administrator.
[Ord. No. 3641 § 1, 2-6-2017; Ord. No. 3868, 7-2-2018]
2. 
Employees may utilize their extended sick leave when unable to perform their duties due to illness or injury of himself/herself.
3. 
ESL may be used for any FMLA qualifying event. Pursuant to Section 117.420 of the City's Code, FMLA certification may be required. Two (2) days of PTO or sick leave must be used prior to the use of ESL, as per normal ESL usage rules.
[Ord. No. 3450 § 1, 9-8-2015; Ord. No. 3641 § 1, 2-6-2017]
C. 
Notification By Employee. When the use of ESL becomes necessary, it is the responsibility of the employee to notify his/her immediate supervisor as per the rules of PTO usage.
D. 
Doctor's Statement. Any time that an employee uses ESL, a doctor's certificate documenting an illness must be provided to the department head.
E. 
ESL At Termination.
1. 
No ESL benefits of any kind shall be granted after notice of termination of employment.
2. 
Unused ESL shall not be paid at termination.
F. 
Change Of Leave Status. An employee using PTO who becomes ill or injured may, upon proper notice to and approval from the City Administrator, have his/her leave status changed to ESL for the period of time starting with the third consecutive day off work or seventeenth (17th) consecutive hour.
[Ord. No. 3868, 7-2-2018]
G. 
Penalty. Claiming ESL when physically fit, except as permitted in these regulations, may be cause for disciplinary action, including suspension or dismissal.
[CC 1988 §23.550; Ord. No. 746 §1, 4-1-1991; Ord. No. 1854 §1, 5-19-2003; Ord. No. 2982 §1, 6-20-2011]
A. 
Absent Due To Death Of Immediate Family Member. In the event of a death in an employee's immediate family, he/she shall be granted a maximum of three (3) workdays off with pay. For this purpose, immediate family is defined as:
1. 
Spouse.
2. 
Child or stepchild.
3. 
Parent, stepparents.
4. 
Siblings, stepsiblings.
5. 
Grandparents.
6. 
Grandchildren.
7. 
Immediate family also includes members of the immediate family, as defined above, of the employee's spouse.
8. 
One (1) paid day of bereavement leave for an employee's other relatives will be granted.
B. 
Pallbearer. Excused absence may be taken for not less than one-half (½) day or more than one (1) full day to serve as pallbearer for past or present City employees.
C. 
Excused Absences.
1. 
Excused absence shall not be credited to sick or ESL time.
2. 
In extenuating circumstances, the City Administrator may approve leave for other relatives not listed. If additional time off is required because the employee's absence from the family will create a hardship, the department head may grant the use of sick leave, PTO, or ESL leave. In the event of a current or former employee's death, employees who wish to do so will be granted time off to attend the local funeral.
[1]
Editor's Note — Ord. no. 2572 §1, adopted February 19, 2008, repealed section 117.400 "maternity leave" and section 117.410 "paternity leave" in their entirety. Former sections 117.400 — 117.410 derived from CC 1988 §§23.560 — 23.570; ord. no. 746 §1, 4-1-1991; ord. no. 1176 §1, 4-21-1997. At the editor's discretion we have left these sections reserved for the City's future use.
[CC 1988 §23.575; Ord. No. 1176 §1, 4-21-1997; Ord. No. 2572 §2, 2-19-2008; Ord. No. 2705 §1, 2-17-2009; Ord. No. 2982 §1, 6-20-2011]
A. 
Covered Employees. All permanent employees who have worked for the City for at least twelve (12) months and have, in the previous twelve (12) months, rendered at least one thousand two hundred fifty (1,250) hours of service.
B. 
Leave Entitlement.
1. 
Military FMLA leave: eligible employees with spouse, son, daughter or parent on active duty or called to active duty in the National Guard or Reserves in support of a contingency operation may use their twelve (12) week entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions and attending post deployment reintegration briefings. FMLA also includes a special leave entitlement that also permits eligible employees to take up to twenty-six (26) weeks of leave to care for a covered service member during a single twelve (12) month period. A covered service member is a current member of the armed forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that renders the service member medically unfit to perform his or her duties for which a service member is undergoing medical treatment, recuperation or therapy; or is in an outpatient status; or is on the temporary disability retired list. For purposes of this policy, a "rolling" twelve (12) month period will be used, measured backwards from the date an employee uses FMLA leave.
2. 
Basic FMLA leave may be approved for a maximum of twelve (12) weeks in a twelve (12) month period. For purposes of this policy, a "rolling" twelve (12) month period will be used, measured backward from the date an employee uses any family leave. The City requires that the employee substitute any accrued, unused PTO, ESL, or accrued sick leave as part or all of the twelve (12) week period. This act guarantees the right to a leave without pay for all eligible employees. An eligible employee is entitled to a total of twelve (12) workweeks of leave during any twelve (12) month period for one (1) or more of the following reason(s).
a. 
The birth of a son or daughter of the employee in order to care for such son or daughter.
b. 
The placement of a son or daughter with the employee for adoption or foster care.
c. 
The need for the employee to care for the spouse, child or parent of the employee when such spouse, son, daughter or parent has a serious health condition.
d. 
An employee's serious health condition that makes the employee unable to perform the functions of his/her position.
3. 
A "serious health condition" is an illness, injury, impairment, or physical or mental condition that involves hospitalization or continuing treatment by a doctor. The term "serious health condition" is intended to cover conditions or illnesses affecting one's health to the extent that in-patient care is required, or absences are necessary on a recurring basis or for more than a few days for treatment or recovery. Examples include heart attacks, most cancers, strokes, severe respiratory conditions, spinal injuries, appendicitis, pneumonia, injuries caused by serious accidents on or off the job, pregnancy, the need for prenatal care, childbirth and recovery from childbirth.
4. 
When in-patient care is not involved, the regulations require that the absence from work, or incapacity in performing other daily activities in the case of a family member, be for a period of more than three (3) days in addition to requiring the continuing treatment of a health care provider.
5. 
The entitlement to leave for birth or child placement expires one (1) year after the date of childbirth or placement. Childbirth or placement leave is to be taken in one (1) block of time up to twelve (12) weeks, unless the employee and the City agree otherwise.
6. 
An employee's entitlement to leave for a serious health condition may be taken intermittently or on a reduced-time schedule that reduces the regular workday or workweek. If the employee requests intermittent leave or leave on a reduced-time schedule that is foreseeable because the employee has a planned medical treatment, then the department head, with approval from the City Administrator, may transfer the employee temporarily to another position for which the employee is qualified. The department head, with approval from the City Administrator, may place the employee in an alternate job that would better accommodate the recurring periods of leave than would the employee's regular job but the City may not reduce the pay and benefits of the employee in the alternate job.
7. 
In cases in which the need for leave is foreseeable, such as an expected birth or planned medical treatment, the employee is required to provide his/her department head or City Administrator with at least thirty (30) days' notice before the date the leave is to begin, along with a written declaration of intent to return to work after the leave. When circumstances prevent the employee from giving the thirty (30) days' notice, the employee is to provide notice as soon as practicable. In cases of leave for planned medical treatment, the employee is required to make a reasonable effort to schedule the treatment so as not to unduly disrupt the City's operations.
8. 
If a husband and wife both work for the City, they are limited to a total of twelve (12) weeks of leave in a twelve (12) month period for childbirth, placement or caring for a sick parent.
C. 
Verifying Leave Requests.
1. 
Employees are required to verify the need for leave due to a serious medical condition of the employee or a member of the employee's family. In general, requests for leave will be granted based on a certification issued by a health-care provider. The employee is required to provide upon request and in a timely manner a copy of such medical certification to his/her department head who shall forward it to the City Administrator for approval.
2. 
Section 103(b) of the Act describes sufficient certification. All certificates must contain three (3) statements:
a. 
The date when the serious health condition began.
b. 
The probable duration of the condition.
c. 
The appropriate medical facts known by the health-care provider regarding the condition.
3. 
If the leave request is to care for a family member, the certificate must contain a statement that the employee is needed to provide such care.
4. 
If the leave request is for the employee with a serious medical condition, the certificate must include a statement that the employee is unable to perform the functions of his/her position.
5. 
If the leave request is for planned medical treatment and the employee wants intermittent leave or leave on a reduced-time schedule, the certificate must state the dates when the treatment is to begin and the duration of the treatment. If the intermittent leave request is necessitated by a serious medical condition of the employee or a member of the employee's family, the certificate must state that there is a medical necessity for the intermittent leave and how long the leave will be needed.
D. 
Validity Of Leave Requests. Should the City Administrator doubt the validity of the leave request it may require the employee to obtain a second (2nd) opinion from a second (2nd) health-care provider of the City's choice. The City bears the cost of obtaining the second (2nd) opinion. If the second (2nd) opinion conflicts with the original medical opinion, then the City Administrator may require, at the expense of the City, that the employee obtain a third (3rd) opinion from a health-care provider mutually agreed upon by the City and the employee. The opinion of the third (3rd) health-care provider is final and binding on the City and the employee.
E. 
Employment And Benefits Protection.
1. 
The basic thrust of the Act is guaranteed leave; an essential element of that guarantee is the right of the employee to return either to the position he/she left when the leave began or to an equivalent position with the same benefits, pay, and other terms and conditions of employment. Section 104(a) specifies that right and requires the City to maintain coverage for the employee under any group health plan for the duration of the leave. The City may subsequently recover premiums paid if the employee fails to return to work (unless the employee suffers a continuation of the serious medical condition). The City may require the employee to furnish medical certification that the employee is able to resume work.
2. 
Section 104(b) creates an exception to the general rule of full restoration of employment benefits. The City may deny reinstatement to a salaried employee who is among the highest-paid ten percent (10%) of the City's work force, but only if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City.
F. 
Prohibited Acts And Means Of Enforcement.
1. 
Section 105(a) makes it unlawful for the City to interfere with, restrain or deny the exercise of any right under the Act or to discharge or otherwise discriminate against an employee who opposes practices made unlawful by the Act. The Act further provides, at Section 105(b), that it is unlawful to discharge or otherwise discriminate against an employee because the employee files a charge under the Act or otherwise participates in any inquiry or proceeding under the Act.
2. 
Investigative authority, as set forth in Section 106 of the Act, is vested in the United States Department of Labor (DOL). The City is to maintain records demonstrating compliance with the act; the records may be inspected as often as once a year by DOL and more often if DOL has reasonable cause to believe a violation of the act has occurred. DOL is given authority to investigate complaints and to issue subpoenas.
[CC 1988 §23.580; Ord. No. 746 §1, 4-1-1991]
Leave for military duty will be granted in accordance with the Missouri State Statutes. Such leave shall be granted upon submission of verifiable military orders. Only permanent employees of the City are entitled to military leave as authorized by law.
[CC 1988 §23.590; Ord. No. 746 §1, 4-1-1991; Ord. No. 1176 §1, 4-21-1997]
A. 
Employees serving on jury duty shall receive full pay for the duration of that jury. A permanent employee shall be granted pay for time he/she is absent from scheduled duty to serve as juror in court. Any pay resulting from this condition shall be submitted to the Finance Director.
B. 
In no event shall compensation be granted for court time that is required as a result of an employee action against the City of Lake Saint Louis.
[CC 1988 §23.610; Ord. No. 746 §1, 4-1-1991; Ord. No. 2982 §1, 6-20-2011]
A. 
Leaves of absence without pay other than those specified in other Sections of these rules and regulations may be granted for medical and personal purposes. The subsequent provisions shall apply regarding these leaves of absence without pay.
B. 
Exhausted Accrued Leave. Employees may be granted medical leaves of absence after accrued sick leave, PTO, and ESL days have been exhausted. All absence due to illness or injury (other than work-related injury), after accumulated sick leave has been exhausted, will be without pay unless otherwise determined by the City Administrator.
C. 
Personal Leave.
1. 
Any full-time employee may apply for a personal leave of absence without pay. "Personal leaves of absence" are defined as a leave of absence without pay in which an employee desires to be absent from his/her regular job for a specified period of time due to personal need. The personal leave of absence may be granted by the employee's department head with the approval of the City Administrator for a period not to exceed thirty (30) calendar days. Extensions of such leave may be granted at the discretion of the City Administrator. No personal leave of absence shall be granted for purposes of pursing other employment.
2. 
An employee returning to work following a personal leave of absence shall be placed in his/her former position if the position still exists or be placed in a substantially equivalent position if it does not.
D. 
Physical Examination May Be Required. Any employee returning to work from a leave of absence without pay may be required to undergo a physical examination at the City's expense. This is to determine if the employee is capable of safely returning to his/her former position.
E. 
Maintain Medical Coverage. If an employee desires to maintain health insurance coverage through the City for the duration of a leave of absence without pay, such requests shall be directed to the City Administrator.
F. 
PTO Or ESL Leave Not Accrued. An employee on a leave of absence without pay shall not accrue PTO or ESL leave for the duration of the leave of absence. Seniority shall not accumulate for employees on a leave of absence without pay unless such leave has been granted as the result of a work-related injury.
G. 
Leave Of Absence Request. It is understood that this Section only gives an employee the right to request a leave of absence. Granting of the request shall be on the basis of the merit of each individual request.
H. 
Position Not Guaranteed. Approval of a leave of absence without pay does not guarantee that the position of the employee will be available at the end of the leave period.
[CC 1988 §23.620; Ord. No. 746 §1, 4-1-1991]
No employee shall absent himself/herself from duty without permission of his/her department head as provided herein. Any employee absenting himself/herself from duty without leave or permission will be subject to disciplinary action and for the second (2nd) offense may be discharged from City service. Employees who are absent from work and allege adverse weather conditions when such authorization is not granted by the City Administrator shall be charged with being absent without leave.
[CC 1988 §23.630; Ord. No. 1575 §1, 2-5-2001; Ord. No. 2982 §1, 6-20-2011]
A. 
City facilities (excluding emergency services) may be closed due to inclement weather at the discretion of the City Administrator. Regularly scheduled hourly employees will be compensated for the time they were scheduled to work subsequent to work cancellation. Employees will not be compensated for time missed prior to closing of City facilities. For this time, employees must use accrued PTO time with the approval of their supervisor.
B. 
Hours paid but not worked due to cancellation do not count in the calculation of overtime and comp time.
[CC 1988 §23.710; Ord. No. 746 §1, 4-1-1991; Ord. No. 783 §4, 12-16-1991; Ord. No. 3311 §1, 9-2-2014; Ord. No. 3325 §1, 10-6-2014]
A. 
All employees are expected to comply with the provisions of the Personnel Manual and the Safety Manual of the City of Lake Saint Louis and with generally accepted norms of work behavior which will reflect favorably on the personnel system and the City. It is the City's philosophy that discipline is to be used to help correct behavior rather than to punish. Consistent action will be taken in similar circumstances so that all employees are treated with fairness and uniformity.
B. 
In conjunction with the personnel rules and regulations, the legal principles of affirmative action, Title I of the Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008 (ADA Amendments Act), no employee shall be reduced in pay or position, laid off, suspended, demoted or discharged or otherwise discriminated against for race, creed, national origin, religion, sex, sexual orientation, gender identity, age, disability or political affiliation.
[Ord. No. 3427 § 1, 7-6-2015; Ord. No. 3729 § 1, 8-23-2017]
C. 
Since violations of certain regulations are more serious than others and because each situation must be weighed individually, no specific disciplinary action is mandatory. Depending upon the severity and frequency of the infraction, one (1) of the following actions may be taken:
1. 
Verbal warning.
a. 
When a minor infraction of conduct occurs, the department head will meet with the employee to discuss the infraction. An explanation of the unacceptable conduct will be made as well as recommendations for corrective measures. The employee will be advised that reoccurrence of the infraction will result in more serious disciplinary action. A written accounting of the verbal reprimand will be placed in the employee's personnel file.
b. 
Verbal warnings may be removed from the employee's personnel file, upon request of the employee, and with his/her department head's approval, one (1) year from the time of the infraction.
2. 
Written reprimand.
a. 
Moderate offenses or failure to respond to a verbal warning will result in the issuance of a written warning. The department head shall state in writing the nature of the infraction, prior record of similar misconduct and the date and time the incident occurred. One (1) copy shall be placed in the personnel file, and one (1) copy shall be given to the employee. A meeting, as described under "verbal warning", will be held with the employee to fully explain the action being taken.
b. 
Written reprimands may be removed from the employee's personnel file upon request of the department head to the City Administrator. Such request shall be made no earlier than one (1) year from the time of the reprimand and shall include an updated performance evaluation report.
3. 
Suspension. It shall be understood that a suspension is a temporary relief from duty which may be imposed on an employee as a penalty for substandard performance, violation of departmental rules or regulations, administrative instructions or repeated lesser infractions. An employee may also be suspended for the duration of an investigation of alleged violations of City or departmental rules and regulations as well as criminal charges. A suspension from work (with or without pay) may be invoked by the City Administrator upon the recommendation of an employee's department head. The length of the suspension will be determined by the City Administrator and will depend on the seriousness of the offense. A written statement shall be submitted to the employee specifying reasons for the suspension. This statement will be included in the employee's personnel file.
4. 
Demotion. Demotion shall be considered a change in job classification from one position to another with less responsibility and a lower maximum rate of pay. This action is normally taken because of inefficiency, or an employee's inability or lack of qualifications to perform the duties of the position in which the employee is presently working, or for disciplinary reasons. The demotion may be authorized by the City Administrator only, and written notice shall be given to an affected employee before the effective date.
5. 
Termination. Upon the recommendation of an employee's department head and with the prior approval of the City Administrator, an employee may be discharged at any time for just cause.
6. 
Appeals. Decisions of the City Administrator that result in reduction of pay, suspension, demotion or termination of an employee may be appealed to the Personnel Board in writing within ten (10) days. Full-time Police Officers shall be granted, upon written request made within forty-eight (48) hours of a disciplinary action that results in a reduction of pay, suspension or disciplinary demotion, a meeting with the City Administrator. At such meeting, the Police Department shall provide a statement to the employee that details the reason of the disciplinary action and the employee shall have the opportunity to respond. In the case of Police Officers, the City Administrator shall decide if the appeal should be heard by the Personnel Board or the Police Review Board, depending on the nature of the appeal. Said hearing will be private. Decisions from either Board may be appealed to the Board of Aldermen within five (5) working days. The Board of Aldermen's decision shall be final.
[Ord. No. 3828, 3-19-2018]
[1]
Cross Reference — As to police review/hearing board, §200.080(3).
[CC 1988 §23.720; Ord. No. 746 §1, 4-1-1991]
A. 
Policy. It shall be the policy of the municipality to address grievances of employees promptly and fairly. Within the framework of existing laws and regulations, every effort shall be made to address grievances in a manner mutually satisfactory to employees and management. Any employee who believes he/she has received inequitable treatment because of some conditions of his/her employment may personally appeal for relief from that condition.
B. 
First Step.
1. 
An employee shall take up all grievances with his/her immediate department head.
2. 
Department heads shall be responsible for receiving and acting upon grievances of employees under their supervision. In the presentation of grievances to supervisors, employees shall be free from restraint, interference, discrimination or reprisal.
3. 
If the grievance arises out of a matter over which the department head has no control, the employee may request his/her department head to carry such grievance on his/her behalf to the appropriate authority regardless of his/her evaluation of the validity of the grievance.
C. 
Second Step. Employees who desire to appeal decisions of their department heads in grievance matters may do so by appealing to the City Administrator. Such appeals must be in writing, must be dated, and must fully state the nature of the grievance and the steps which have been taken to achieve its settlement. In no case, however, shall the employee submit a grievance to the City Administrator without first giving notice of such action to the employee's department head.
D. 
Third Step. Decisions of the City Administrator that result in reduction of pay, suspension, demotion or termination of an employee may be appealed to the Police Review Board/Personnel Review Board in writing within ten (10) days. For the rules and procedures of the Police Review Board/Personnel Review Board, refer to Section 120.070 of the Lake Saint Louis Municipal Code.
[Ord. No. 3311 §1, 9-2-2014]
E. 
Final Step. The Police Review Board/Personnel Review Board's decision may be appealed to the Board of Aldermen within five (5) working days of receiving the decision from this hearing. Such appeals must be in writing. The Board of Aldermen's decision shall be final.
[Ord. No. 3311 §1, 9-2-2014]
[CC 1988 §23.730; Ord. No. 746 §1, 4-1-1991]
A. 
The City Administrator may dismiss or suspend an employee and such dismissal or suspension shall separate the employee from pay status. In so doing, the City Administrator shall state the cause for dismissal or suspension, in writing. A copy of the written notice stating such cause for dismissal shall be sent to the employee and also filed in the employee's personnel file.
B. 
Suspension for an employee shall not exceed thirty (30) working days. The following items constitute cause for dismissal and/or suspension; however, causes for disciplinary action are not limited to the following:
1. 
Failure to report for work when scheduled.
2. 
Refusal to work overtime when necessary to keep essential services operating.
3. 
Dereliction of duties or shirking responsibilities.
4. 
Repeated tardiness or unauthorized absences.
5. 
Accepting a bribe in the form of money or other valuables.
6. 
Conviction for a felony or violent misdemeanor.
7. 
Dishonesty.
8. 
Insubordination or disobedience of superior's instructions.
9. 
Failure to comply with orders of department head or supervisor.
10. 
Misconduct, on or off duty, if it brings discredit to the City.
11. 
Sleeping, gambling, drinking or being under the influence of alcohol or narcotics while on duty.
12. 
Gross negligence in performing duties.
13. 
Making false report or other misrepresentation to superior.
14. 
Claiming sick leave under false pretenses.
15. 
Acts of incompetency.
16. 
Misappropriation, destruction, theft or conversion of City property.
17. 
Employee subsequent to employment becomes physically or mentally unfit for the performance of his/her duties.
18. 
Willful disregard of others.
19. 
Falsification of any information furnished to the City.
20. 
Failure to properly report accidents or personal injuries.
21. 
Neglect or carelessness resulting in damage to City property or equipment.
22. 
Repeated convictions during employment of misdemeanor and/or traffic charges.
23. 
Active participation in local municipal office elections other than voting.
24. 
Knowingly drive a City vehicle without a valid driver's license or chauffeur's license.
25. 
Failure to observe recognized or instructed safety practices, including failure to use safety equipment such as eye protective devices or safety shoes, and failure to follow established procedures.
26. 
Failure to comply with a department head's direction to take a drug or alcohol test.
[CC 1988 §23.810; Ord. No. 746 §1, 4-1-1991; Ord. No. 2374 §1, 11-20-2006; Ord. No. 2982 §1, 6-20-2011]
A. 
Resignation In Writing.
1. 
Employees wishing to resign shall file with their department head such notice in writing at least ten (10) working days before such resignation shall be effective. This written resignation must give a reason for leaving. Failure to comply with this regulation shall result in the forfeiting of all accumulated PTO and other benefits.
2. 
The resignation shall be forwarded to the Finance Department, along with a evaluation of the employee's performance, and shall be included in the employee's personnel file.
3. 
A member of the Board of Aldermen wishing to resign shall file with the Mayor such notice in writing and the Mayor shall forward the written notice to the Board of Aldermen. If the written notice is tendered to the Mayor during a Board of Aldermen meeting, the Mayor shall forward the written notice to the Board of Aldermen at that meeting. If the written notice is tendered to the Mayor after a meeting has been adjourned, the Mayor shall forward the written notice to the Board of Aldermen at the next regularly scheduled Board of Aldermen meeting. The Board of Aldermen shall have the discretion to act immediately upon the resignation request by voting to accept the resignation or they may wait one (1) meeting before voting to accept the resignation. The resignation shall be effective once the remaining members of the Board of Aldermen have voted to accept the resignation.
4. 
A Mayor wishing to resign shall file with the President of the Board of Aldermen such notice in writing and the President of the Board of Aldermen shall forward the written notice to the Board of Aldermen. If the written notice is tendered to the President of the Board of Aldermen during a Board of Aldermen meeting, the President of the Board of Aldermen shall forward the written notice to the Board of Aldermen at that meeting. If the written notice is tendered to the President of the Board of Aldermen after a meeting has been adjourned, the President of the Board of Aldermen shall forward the written notice to the Board of Aldermen at the next regularly scheduled Board of Aldermen meeting. The Board of Aldermen shall have the discretion to act immediately upon the resignation request by voting to accept the resignation or they may wait one (1) meeting before voting to accept the resignation. The resignation shall be effective once the remaining members of the Board of Aldermen have voted to accept the resignation.
B. 
Exit Interview. The City Administrator and/or designee shall conduct an exit interview with all employees leaving City service and shall file same in the employee's personnel file.
[CC 1988 §23.820; Ord. No. 2982 §1, 6-20-2011]
A. 
The City Administrator may lay off employees whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of change in organization. However, no permanent employee shall be laid off while there are seasonal, part-time or probationary employees serving the same class of positions for which the permanent employee is qualified, eligible and available.
B. 
Employees whose jobs have been eliminated and employees who have been laid off shall receive fifty percent (50%) of their accumulated ESL and sick leave.
[CC 1988 § 23.830; Ord. No. 928 § 1, 2-22-1994; Ord. No. 3325 § 2, 10-6-2014; Ord. No. 3729 § 2, 8-23-2017[1]]
A. 
Policy Statement.
1. 
The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the Americans with Disabilities Act of 1990 (ADA) and the Americans with Disabilities Amendments Act of 2008 (ADA Amendments Act).
2. 
The City will provide reasonable accommodation for qualified persons with disabilities who are employees, or applicants for employment, and who can perform the essential functions of the job with or without accommodations, in compliance with the Americans with Disabilities Act of 1990 (ADA), Americans with Disabilities Amendments Act of 2008 (ADA Amendments Act), and all applicable Federal, State, and local laws.
B. 
General Provisions.
1. 
For any employee of the City who becomes permanently physically or mentally disabled and is rendered incapable of performing the duties assigned to his/her position, the City shall take all steps to reasonably accommodate the employee and help overcome the particular impediment involved, unless to do so would impose an undue hardship on the City.
2. 
The provisions of this Section shall not be applied or construed so as to deny any employee the right to request a leave of absence as provided in these rules.
[1]
Editor's Note: Section 2 of Ord. No. 3729 also changed the title of this Section from "Americans With Disabilities Act (ADA)" to "Americans With Disabilities Act (ADA) Of 1990 As Amended By The Americans With Disabilities Amendments Act Of 2008 (ADA Amendments Act)."
[CC 1988 §23.840; Ord. No. 746 §1, 4-1-1991; Ord. No. 2982 §1, 6-20-2011]
When you leave the City for any reason, you are responsible for submitting your final timecard and any City-owned property, including uniforms and your employee I.D. card(s), to your department head who will then notify the Finance Director that the final paycheck may be released. Your final paycheck shall be issued on the next regular payday and will include any unused PTO pay, provided that all of the above-stated requirements have been met.
[CC 1988 §23.900; Ord. No. 1091 §1, 5-6-1996]
A. 
Policy.
1. 
It is the policy of the City of Lake Saint Louis to provide safe, dependable and economical services to its citizens and to provide safe working conditions for its employees and to comply with the requirements of Federal law and regulations related to the Drug Free Work Place Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. It is also the policy of the City of Lake Saint Louis to provide healthy, satisfying, working environments for its employees.
2. 
To meet these goals, it is the policy of the City of Lake Saint Louis to insure that its employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner; to create a workplace environment free from the adverse effects of alcohol and controlled substances abuse or misuse; to prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol and controlled substances; and to encourage employees to seek professional assistance when personal problems, including alcohol and controlled substance dependency, adversely affect their ability to perform assigned duties.
B. 
Purpose. The purpose of this policy is to assure worker fitness for duty and to protect employees and the public from the risks posed by the use of alcohol and controlled substances. It is also the purpose of this policy to comply with all applicable Federal and State regulations governing workplace alcohol and controlled substance abuse programs mandated under the above-noted Acts. These acts mandate urine drug testing and breathalyzer alcohol tests for safety-sensitive positions and prevent performance of safety-sensitive functions when there is a positive test result. The Federal law has also established standards for collection and testing of urine and breath specimens, the reporting of certain drug-related offenses, protective measures for certain employees tested, for the preservation of confidentiality, and for certain reporting.
C. 
Applicability.
1. 
This policy applies to all safety-sensitive employees who perform safety-sensitive functions as these persons and activities are defined in the Omnibus Transportation Employee Testing Act and its implementing regulations including, but not limited to, persons who are required to possess a commercial driver's license (CDL) for the operation of a commercial vehicle and all commissioned Law Enforcement Officers, dispatchers, emergency management personnel, and supervisors and managers of these departments in the jurisdiction.
2. 
Except for the random testing provisions, this policy shall apply to all employees. The random testing provisions shall be made to apply to all future employees and to all employees receiving promotions after May 6, 1996.
D. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
COMMERCIAL VEHICLE
As defined in the Statutes requiring commercial driver's license.
DELAY
Any failure to immediately report to the test site to participate in the required testing under this policy.
HUMAN RESOURCE OFFICE
Finance Department.
E. 
Policy Administrator.
1. 
Unless otherwise designated by the City Administrator in writing, the City Administrator shall be designated as the Controlled Substance and Alcohol Policy Administrator for the City of Lake Saint Louis. Any inquiries concerning this policy, its application, its administration or its interpretation shall be made to the Policy Administrator.
2. 
The Policy Administrator shall develop and maintain a current list of the positions that are governed by this policy. The list shall be available for inspection in the Human Resources Office of the City of Lake Saint Louis. Individuals who are applying for positions with the City and affected employees shall be notified if their position is covered by this policy.
3. 
The Policy Administrator shall develop all forms necessary to carry out the provisions of this policy, unless the forms are provided under the Federal regulations. The forms shall be provided to appropriate persons who are responsible for the implementation and management of this policy.
F. 
Alcohol And Controlled Substances Prohibitions.
1. 
An employee is prohibited from the operation of a commercial motor vehicle and/or from engaging in any work-related functions for alcohol related conduct:
a. 
While consuming alcohol;
b. 
While having a blood alcohol concentration of two-hundredths (.02) or greater;
c. 
Within four (4) hours of consuming alcohol;
d. 
After refusing to submit to an alcohol test;
e. 
From consuming alcohol within eight (8) hours after an accident as specified in this policy.
2. 
An employee is prohibited from the unauthorized use of a controlled substance (as defined in Section 117.290) at any time, whether on or off duty.
3. 
An employee is prohibited from unauthorized possession of alcohol while on duty.
4. 
An employee whose job performance requires the possession of a valid CDL and who loses the CDL for a violation of or as a consequence of the law shall be subject to disciplinary action up to and including termination from service. The employee shall notify the Policy Administrator and the employee's immediate supervisor of the loss of the CDL. Failure to notify the Policy Administrator of the loss of the CDL shall result in immediate termination from service.
G. 
Controlled Substance And Alcohol Testing Provisions. Employees subject to this policy shall be subject to controlled substances and alcohol testing including the following types of tests: pre-employment testing, random testing (except as provided herein), reasonable suspicion testing, post-accident testing, return to work testing, and follow-up testing to rehabilitation programs.
1. 
Pre-employment testing. Pre-employment urine drug testing shall be required of all applicants for positions covered by this policy as a condition of the application procedure. Future employment as defined shall be considered as if the application was for original entry into service for purposes of this policy. Receipt of satisfactory test results is required prior to commencement of employment and/or engaging in safety-sensitive functions, and the failure of a controlled substance or alcohol test disqualifies an applicant from appointment to employment for a period of at least one hundred twenty (120) days. Evidence of the absence of controlled substances or alcohol dependency from a substance abuse professional (SAP) and negative controlled substance and alcohol tests shall be required prior to further consideration of any employment, including reports from prior employers by an employee's written authorization.
2. 
Reasonable suspicion testing.
a. 
Reasonable suspicion testing shall be used to determine fitness for duty evaluations, including appropriate urine and/or breath testing, when there are objective observable reasons to believe that a controlled substance or alcohol use is adversely affecting an employee's job performance or that the employee has violated this policy. Reasonable suspicion referral for testing shall be made on the basis of documented objective facts and circumstances which are consistent with the effects of substance use. Reasonable suspicion observations and reports can only be made by supervisory or management personnel who are trained to detect the signs and symptoms of controlled substance and alcohol use and who may reasonably conclude that an employee may be adversely affected or impaired in the employee's work performance due to the use of the controlled substance or alcohol. The observing supervisor or manager, whether or not the person is the employee's immediate supervisor, is required to complete the appropriate required documentation concurrently with the observation and consideration to impose reasonable suspicion testing.
b. 
Reasonable suspicion testing shall be required and completed whenever possible within two (2) hours of the observation, but in any case no later than before eight (8) hours after the observation for breath alcohol testing and thirty-two (32) hours for controlled substance testing.
3. 
Post-accident testing. Post-accident testing shall be required to test employees after a vehicular accident has occurred in which a fatality has occurred, or when a traffic citation is issued after an accident, or testing may be required where injury to a person requires transport to a medical treatment facility, or disabling damage to one (1) or more vehicles requires towing from the accident site to occur. Testing shall include both breath alcohol and urine drug testing of the employee(s). Post-accident testing shall be required and completed whenever possible within two (2) hours of the accident occurrence, but in any case no later than before eight (8) hours after the accident for breath alcohol testing and thirty-two (32) hours for controlled substance testing. An employee involved in an accident shall refrain from alcohol consumption for eight (8) hours following the accident.
4. 
Random testing. Random testing shall be conducted on all persons covered by this policy. Random testing shall be unannounced and conducted with unpredictable frequency throughout the year using an established scientifically-based selection method. Testing shall be conducted whenever and as ordered by appropriate supervisory personnel, but no less frequently than required by Federal law and regulations. A minimum of twenty-five (25%) of the persons covered under this policy shall be tested yearly for alcohol. A minimum of fifty percent (50%) of the persons covered under this policy shall be tested yearly for substance abuse.
5. 
Return to work testing. Return to work urine drug and alcohol testing for all employees covered by this policy shall be required for anyone who previously tested at five-hundredths (0.05) or above on blood alcohol concentration or has tested positive for controlled substance. To return to work, the employee must test negative and be evaluated and released to return to work by a SAP before being permitted to return to work except employees who were tested and found to have a blood alcohol concentration below five-hundredths (0.05).
6. 
Follow-up testing.
a. 
Follow-up testing of employees returning to work shall be required. Employees who have tested at five-hundredths (0.05) or above on blood alcohol concentration or have tested positive for controlled substance must submit to frequent unannounced random urine drug and breath alcohol testing for at least six (6) times in the following twelve (12) months after returning to work, which random testing may be continued for a period of up to sixty (60) months from the employee's return to work date.
b. 
Any employee who questions the results of a required urine drug test under this policy may request that an additional test be conducted. The test must be conducted on a split sample that was provided at the same time as the original sample and the test analysis shall be conducted at a different qualified laboratory than where the original test was conducted. All costs for employee-requested testing shall be paid by the employee unless the second (2nd) test invalidates the original test. An employee's request for a retest must be made to the Medical Review Officer (MRO) within seventy-two (72) hours of the notice to the employee of the initial test result. Requests made after the seventy-two (72) hour limit will only be accepted if the delay was due to documentable facts that were beyond the control of the employee.
c. 
The method of collecting, storing and testing the split sample required under this policy shall be consistent with the procedures established in Code of Federal Regulations 49 CFR Part 40.
7. 
Failure to test.
a. 
Any employee who fails to submit to the required testing under this policy is considered to have tested positive and may be subject to immediate termination.
b. 
Any employee ordered to test shall report immediately to the test site upon being ordered to submit to testing. No delay of any type may be granted or taken. Delay in reporting by the employee shall be treated as a refusal to test. Failure to provide a sufficient sample or for providing an adulterated sample shall be considered as a refusal to test and may be grounds for immediate termination.
H. 
Testing Controls.
1. 
Alcohol.
a. 
Federal regulations require breath testing to be done on evidential breath testing devices approved by the National Highway Safety Administration. An initial screening test is conducted first. Any result that is less than two-hundredths (0.02) blood alcohol concentration is considered negative. If the blood alcohol concentration is two-hundredths (0.02) or greater, a second (2nd) confirmatory test must be conducted. Any employee who tests with a blood alcohol concentration of two-hundredths (0.02) to forty-nine thousandths (0.049) may be tested two (2) more times within a one (1) hour period. If blood alcohol remains above two-hundredths (0.02), the employee will be removed from service without pay and will be required to take transportation home as directed by the Policy Administrator or the employee's supervisor. Follow-up testing will not be done for at least eight (8) hours from the time the initial test was completed. An employee shall not be permitted to return to work until having tested with a blood alcohol concentration of less than two-hundredths (0.02).
b. 
Any employee who is found to have engaged in prohibited alcohol conduct under this policy shall be immediately removed from work-related activity. An employee who has tested at five-hundredths (0.05) or above for blood alcohol concentration or has tested positive for controlled substance shall not be permitted to return to work until the employee is:
(1) 
Evaluated by a SAP,
(2) 
Complies with the rehabilitation contract if such is required, and
(3) 
Has tested negative in a follow-up test.
2. 
Controlled substance.
a. 
Controlled substance testing is conducted by analyzing an employee's urine specimen performed at a laboratory certified and monitored by the U.S. Department of Health and Human Services for the following controlled substances:
(1) 
Marijuana (THC metabolite).
(2) 
Cocaine.
(3) 
Amphetamines.
(4) 
Opiates (including heroin).
(5) 
Phencyclidine (PCP).
b. 
The testing for controlled substances is a two (2) stage process. First (1st), a screening test is conducted. If the test is positive for one (1) or more of the controlled substances, a confirmatory test is conducted for each identified controlled substance. The confirmatory test is a gas chromatography/mass spectrometry (GC/MS) analysis.
3. 
Any employee who tests positive on the confirmatory test shall be interviewed by the City of Lake Saint Louis Medical Review Officer (MRO). The employee shall be immediately removed from work-related activity without pay; and the employee shall not be permitted to resume work until the employee is:
a. 
Evaluated by a SAP,
b. 
Complies with the rehabilitation contract if such is required, and
c. 
Has tested negative in a follow-up test.
I. 
Employment Assessment.
1. 
An employee who tests positive for the presence of controlled substances or alcohol above the minimum thresholds set forth in the Federal regulations shall be evaluated by a SAP. The SAP shall evaluate each employee who tests positive to determine what assistance, if any, the employee needs in resolving problems associated with the controlled substance or alcohol.
2. 
Assessment by a SAP does not protect an employee from disciplinary action or guarantee continued employment or reinstatement by the City of Lake Saint Louis. The City disciplinary policy provides guidance to the discipline that may be imposed, unless otherwise stated in this policy.
J. 
Rehabilitation Effort.
1. 
Any employee who is determined to be in need of assistance for a controlled substance or alcohol-related problem under this policy by the SAP may be permitted to enter into a rehabilitation plan approved by the City of Lake Saint Louis provided the employee agrees to adhere to the terms of the rehabilitation contract with the City.
2. 
Rehabilitation assistance may only be granted to an employee once while employed by the City of Lake Saint Louis. Failure to complete the rehabilitation assistance plan or to adhere to the rehabilitation contract shall be considered a resignation by the employee from employment with the City.
3. 
The rehabilitation contract shall include the following terms and conditions to be adhered to by the employee who is granted rehabilitation assistance:
a. 
The employee shall agree to undertake and successfully complete the rehabilitation assistance plan established for the employee by the SAP or by a rehabilitation professional accepted by the City; and
b. 
The employee agrees to refrain from any violation of this policy and the use of controlled substances and alcohol consistent with the plan of rehabilitation and this policy; and
c. 
The employee provides release of all medical records for use and review by the City relating to the rehabilitation assistance plan for the assistance undertaken and compliance; and
d. 
The employee agrees to unannounced random testing for the City determined periods of time subsequent to the employee's return to work consistent with this policy; and
e. 
The employee agrees to submit to return to work testing demonstrating that the employee is negative under controlled substance and/or alcohol tests standards; and
f. 
The employee agrees that any future controlled substance or alcohol violation shall be considered as a resignation of the employee from service without recourse.
K. 
Contractual Support Professionals.
1. 
The City of Lake Saint Louis shall secure a contract with an appropriately certified testing laboratory to conduct the controlled substance testing analysis and reporting required under this policy and under the Federal regulations in conformity with the standards established under the Federal regulations. The City may contract for the required alcohol testing or may perform the testing using qualified City personnel who utilize appropriate testing equipment.
2. 
The City shall engage the services of an independent contractor to serve the City as the MRO properly credentialed and trained in compliance with the Federal regulations, who shall not be an employee of the City. The MRO shall, as a part of the engagement contract, maintain all relevant records and provide the required reports that the City needs to comply with the Federal reporting requirements.
3. 
The City shall appoint a SAP for the providing of services under this policy and in compliance with the Federal regulations.
L. 
Education And Training.
1. 
The City shall provide all employees with a copy of this policy and materials related to the effects of the use and/or abuse of alcohol and controlled substances. The City shall also provide information to employees regarding treatment and rehabilitation available. Employees shall be required to confirm receipt of this policy and any revisions and of the educational materials in writing noting the date of receipt and acknowledgement by signature witnessed by the supervisor providing the materials.
2. 
The City shall develop and provide training for all supervisors and managers who are responsible for the administration and enforcement of this policy. The training, at a minimum, shall include at least sixty (60) minutes of program on the physical and behavioral effects on personal health, safety and on the work environment and performance indicators on the effects of alcohol use and abuse, the side effects of abuse, and the consequences of prohibited work-related activity involving alcohol consumption. The training shall include an overview of this policy and its implementation and application to employees. The training, at a minimum, shall include at least sixty (60) minutes of program on the physical and behavioral effect on personal health, safety and on the work environment and performance indicators of controlled substances use and abuse, the side effects of controlled substance abuse, and the consequences of prohibited activity involving controlled substances. Training shall also include a component related to objective observation for reasonable suspicion testing, documentation and record keeping. The training may include other components that the City Administrator, the MRO and/or the SAP believe can enhance the City program administration and awareness of problems and treatment related to alcohol and controlled substance use. The training may also provide components related to City sponsored or supported referral programs and employee assistance efforts that are sanctioned to deal with alcohol and controlled substance use and abuse problems.
M. 
Confidentially. All records developed and/or acquired pursuant to this policy shall be maintained under strict confidentiality by the City, the testing laboratory, the MRO and the SAP, when and as applicable. The records shall be maintained separately from other personnel records kept by the City and shall be kept in a secured location with other medical records. Materials shall not be released to others without the written consent of the affected employee, except under provisions provided in the Federal regulations, as needed with regard to the rehabilitation contract, in litigation or quasi-judicial and administrative proceedings related to positive test results and/or to matters initiated by an employee.
N. 
Disciplinary Issues.
1. 
Unless otherwise specified in this policy, the City policies related to disciplinary action shall be followed when imposing discipline for violation of this policy.
2. 
The acceptance by an employee of the rehabilitation assistance plan and contract does not serve as a bar to imposing disciplinary action related to violations of this policy.
3. 
Any supervisor or manager who knowingly permits an employee to violate this policy or engage in work activity while consuming alcohol or a controlled substance or fails to enforce this policy shall be subject to immediate termination from employment.
4. 
This policy does not displace any other penalties that may be imposed or be incurred as a result of violation of the City policy or State and Federal laws or as provided in the Workers' Compensation laws.
O. 
Coordination With Other Laws And Policies.
1. 
This policy shall be administered in compliance with other Federal, State and local laws related to employee health and welfare policies, leave policies, benefit programs and other related policies with the City of Lake Saint Louis. In the case of apparent conflicts between this policy, other policies and applicable laws, the Policy Administrator shall make the appropriate rulings to resolve the potential conflicts, whenever possible.
2. 
In the event that any part of this policy is judicially determined to be in conflict with any law or to be in violation of any law or is rendered ineffective because of some State or Federal legislative enactment, that part(s) shall be void, but the remainder of the policy shall remain in effect. Parts that are void or voided shall be replaced as soon as possible so as to maintain the full effect of this policy and/or to bring it into compliance with relevant laws.
P. 
Amendments. This policy is subject to amendment by the Policy Administrator from time to time. Amendments that are made shall be provided to employees upon adoption and shall become effective as provided by the Policy Administrator.