[Ord. No. 96-28 § I, 11-26-1996]
A.
All non-exempt employees shall not be required to live within the
City limits. However, exempt employees in the police, fire and emergency
medical services departments, because they are subject to emergency
call to active duty at any time, must reside within five (5) miles
of the City limits. While employees of the City of Lexington are not
required to live within the City limits, they are encouraged to do
so. This suggestion is intended to foster a greater interest in and
concern for the welfare of the community on the part of the City employees.
At the time of appointment, promotion, demotion, etc., if all factors
are equal, City residents shall be given favorable preference.
[Ord. No. 2015-06 §1, 3-10-2015]
B.
The City Administrator, in conjunction with the appropriate department
heads, shall establish appropriate response times for use by Emergency
Medical Services, Fire and Police personnel.
[Rev. Ord.
No. 6, 10-21-1912; Ord. No. 88-22 §§ 1-3, 11-22-1988; Ord. No. 93-19 § 1, 9-28-1993]
A.
The compensation of all officers and employees of the City shall
be established by the City Council. Volunteer firefighters shall be
paid a nominal fee, as established by the City Council, for their
services without losing their status as volunteers.
B.
City employees engaged in fire protection, emergency medical services,
and law enforcement activities shall be paid for hours worked in a
twenty-eight (28) consecutive day work period. All other employees
shall be paid for hours worked during a forty (40) hour workweek.
C.
When it is necessary for a City employee to work in excess of the
applicable maximum hours standards, each employee shall be entitled
to receive overtime compensation at one and one-half (1 1/2)
times their regular rate of pay for each hour of overtime work. The
applicable maximum hours shall be:
1.
For fire protection and emergency medical employees. Two hundred twelve (212) hours during the twenty-eight (28) day
work period.
2.
For law enforcement employees. One hundred seventy-one
(171) hours during the twenty-eight (28) day work period.
3.
For all other employees. Forty (40) hours in a workweek.
D.
Employees shall be compensated for "actual hours of work" during
a work period. Holidays, vacations, or any type of leave of absence
shall be considered as non-working time, payable at the regular rate
of pay, and not as overtime compensation.
E.
At their option, employees may receive compensatory time off in lieu
of monetary overtime compensation. Compensatory time off in lieu of
cash shall be at the rate of not less than one and one-half (1 1/2)
hours of compensatory time for each hour of overtime work.
F.
Employees may be allowed to accumulate hours of compensatory time
as regulated by the Fair Labor Standards Act, as amended.
G.
Non-covered or exempt employees, as described by the Fair Labor Standards
Act, are excluded from these compensatory time provisions.
[Rev. Ord.
No. 55, § 1, 10-21-1912]
The Mayor or President of the City Council, Municipal Judge,
and City Clerk are hereby authorized and empowered to administer oaths
and affirmations in the following cases:
1.
The Mayor or President of the City Council, to witnesses or other
persons touching any subject under consideration by the Council in
which the interest of the City is involved, or in the conduct of any
condemnation proceeding.
2.
The Municipal Judge, to witnesses, jurors or other persons relating
to any trial or other proceedings within the jurisdiction of his court
or to any elective or appointive officer to his official oath.
3.
The City Clerk, to any person certifying to any demand or claim against
the City, touching the correctness of the same, or to any witness
or juror in any condemnation proceeding or any elective or appointive
officer, to his official oath, or to any person filing a statement
accompanying an application for a license to sell alcoholic beverages.
4.
The City Clerk, to any person giving a list or statement of property
for taxation.
The office hours of the various offices of the City shall be
established by resolution of the City Council.
[Ord. No. 73-21, §§ 1-6, 11-6-1973; Ord. No. 2007-11 § 1, 4-10-2007]
A.
All regular employees of the City of Lexington, Missouri, shall receive
normal compensation for the eleven (11) legal holidays listed below
and any other day or part of a day during which the public offices
of the City shall be closed by special proclamation of the Mayor,
with the approval of the City Council. Regular part-time employees
shall receive compensation for the number of hours normally scheduled
to work. Legal holidays to be observed are:
[Ord. No. 2022-15, 5-31-2022]
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New Year's Day
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Presidents' Day
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Martin Luther King Day
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Memorial Day
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Juneteenth Day
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Independence Day
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Columbus Day
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Veterans Day
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Labor Day
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Thanksgiving Day
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Christmas Day
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B.
It shall be the policy of the City to insure that all regular employees
observe the same number of holidays each year. The standard shall
be the number of holidays in a particular year, which will be celebrated
by regular employees working Monday through Friday. For this group,
when a holiday falls on Sunday, the following Monday shall be observed
as the holiday. When a holiday falls on Saturday, the preceding Friday
shall be observed as the holiday.
[Ord. No. 2022-15, 5-31-2022]
C.
For the regular employees, whose work week is other than Monday through
Friday, the department head shall designate the work day that shall
be observed.
D.
Any employee absent without authorized leave on the day preceding
and/or the day following a holiday shall not receive compensation
for the holiday.
E.
Any regular employee in the City service who shall be required to
perform work or render services on a regularly scheduled holiday shall
receive a day off at his/her regular pay rate, in lieu of the holiday
missed.
[Ord. No. 73-22, § 1, 11-6-1973]
A.
Beginning October 1, 1973, and continuing thereafter, each regularly
appointed full-time City employee shall earn sick leave with full
pay at the rate of three-fourths (3/4) work day for each calendar
month of service. Sick leave shall accrue from the date of employment,
but shall not be taken until the successful completion of the six
(6) month probationary period except with permission of the City Council.
Sick leave may never be taken in advance of earning time. Sick leave
may be accumulated up to thirty (30) days.
C.
An employee who is unable to report for work because of the above
reasons shall report the reason for his absence to his supervisor
within four (4) hours from the time he is expected to report for work.
Sick leave with pay in excess of two (2) working days shall be allowed
only after presenting a written statement by a physician certifying
that the employee's condition prevented him or her from appearing
for work.
D.
An employee terminating from City service shall not be allowed the
use of sick leave in the last two (2) calendar weeks of employment.
Unused sick leave will not be compensated for in any way at the time
of resignation or dismissal of an employee.
[Ord. No. 73-22, § 2, 11-6-1973]
A.
Employees may receive a leave of absence not to exceed ten (10) working
days annually, for participation in annual training in the National
Guard or Reserve Armed Forces. Requests for such leave must be accompanied
by a copy of official orders requiring such training. Compensation
for this period of military leave shall be limited to the difference
between military pay received and normal City pay. A copy of the military
pay voucher shall be submitted to authorization for payment to the
employees for the period of leave. Such military training leaves shall
not be deducted from annual leave.
B.
Any permanent employee who is drafted into the military service shall,
upon termination of his active service, be entitled to return to the
City service at a level equivalent to the position held on his departure.
This leave of absence shall not exceed the period of time necessary
to complete the period of active duty that he has been involuntarily
ordered to perform.
[Ord. No. 73-22, § 3, 11-6-1973]
The City Council may authorize special leaves of absence, with
or without pay, for any period not to exceed six (6) calendar months
in any one (1) calendar year for attendance at a school or university
for the purpose of training in subjects relating to the work of the
employee and which will benefit the employee and the City service.
The City Council may authorize time off duty with pay for education
at a school for the purpose of training in subjects relating to work
of employee and which will benefit the City. Such time off will not
exceed eight (8) hours a week and shall not require the employee's
department to have to hire extra help.
[Ord. No. 73-22, § 4, 11-6-1973]
An employee may be granted leave, authorized by department heads,
as needed in the event of death of spouse, child, mother, father,
sister, brother, mother-in-law, father-in-law, grandmother, grandfather
or any other close relative or friend. Such leave shall not be deducted
from either sick leave or vacation leave.
[Ord. No. 73-22, § 5, 11-6-1973]
An employee may be granted leave with pay when required to be
absent from work for jury duty or as trial witness. Compensation for
such leave shall be limited to the difference between pay received
for this service and normal City pay.
[Ord. No. 73-22, §§ 6-8, 11-6-1973]
B.
It is further understood sick leave payments hereunder shall only
be made for the regular working days of said employee and no employee
shall be entitled to any payment hereunder because of sickness, or
other physical disability, during any Sunday or other holiday.
C.
It is further understood that no City employee whatever shall be entitled to any sick leave benefit of any character whatsoever, except in Sections 2-65 through 2-69 provided for. And, other than provided for in Sections 2-65 through 2-69, no City employee shall be entitled to any pay for any day he fails to perform his normal regular duties.
[Ord. No. 82-19A, §§ 1,2, 6-7-1982; Ord. No. 2022-18, 11-8-2022]
A.
Every employee of the City shall give at least two (2) weeks' written
notice, in advance, of his/her desire to end, terminate, cancel, cease
or quit his/her employment.
B.
Any employee desiring to change their employment status from full-time
to part-time, or vice versa, must resign from the employee's current
position and reapply. The employee may only reapply to the City of
Lexington after the effective date of their resignation of employment.
C.
Any such
person violating the mandatory terms of Subsection (A) above or failing
or refusing to comply shall forfeit any claim to any accrued vacation
pay as set out in Sections 2-64.1 and 2-92.
[Res. of 9-7-1965, §§ A-C]
A.
After an appointed employee of the City has been employed for a consecutive
period of one (1) year, the employee shall be entitled to a vacation
of two (2) weeks with pay.
B.
In the second year of employment, the employee must work twenty-six
(26) weeks of the second year before he is entitled to a vacation
of two (2) weeks with pay for said second year.
C.
If a salaried employee wishes to take vacation pay in lieu of a vacation,
said employee shall receive such pay in December of the year in which
the employee is entitled to a vacation.
[Ord. No. 92-30 § 1, 2-9-1993; Ord. No. 93-06, 6-22-1993; Ord. No. 2009-46 § 1, 11-24-2009]
A.
Department heads are required to notify and receive approval from
the City Administrator or Mayor of all requested vacations and leaves
of absences for employees at least thirty (30) days prior to scheduling
such time off for employee.
B.
The duties of the following employees when such employees are absent
due to vacation or leave of absence, shall be carried out in the following
manner:
1.
In the City Clerk's office, the duties shall be performed by the
other employees in the office of the City Clerk.
2.
In the City Collector's office, the duties shall be performed by
the other employees in the office of the City Collector/City Clerk.
3.
In the Police Department, the work load shall be arranged and delegated
to the other officers within the department.
4.
In the Wastewater Treatment Department, the duties of the absent
Wastewater Treatment Plant Superintendent shall be delegated by the
City Administrator or Mayor to another employee within said department.
The work load of absent employees shall be arranged, delegated and
performed by the other employees within said department.
5.
In the Street Department, the duties of the absent Street Commissioner
shall be delegated by the City Administrator or Mayor to another employee
within said department. The work load of absent employees shall be
arranged, delegated, and performed by the other employees within the
department.
6.
In the department regulating Animal Control, the duties and responsibilities
of the absent Animal Control Officer shall be performed by the Police
Department.
7.
In the Fire Department, the duties of the absent Fire Chief shall
be performed by one of the other full-time Fire Department officers
so delegated by the City Administrator or Mayor and shall not conflict
with departmental standard operating procedures. For other full-time
employees, the work load shall be performed by such relief personnel
approved by the City Council.
8.
In the Emergency Medical Services Department, the duties of the absent
EMS Director shall be performed by one of the other full-time EMS
employees so delegated by the City Administrator or Mayor and shall
not conflict with departmental standard operating procedures. For
other full-time employees, the work load shall be performed by other
employees within said department or by any relief personnel so approved
by the City Council.
9.
In the City Administrator's office all such duties and responsibilities
shall be performed by the Mayor.
10.
In the office of the Planning and Zoning, the duties of the absent
Zoning Administrator shall be performed by a qualified person so designated
by the Mayor and approved by the City Council.
11.
In the City Treasurer's office, the duties shall be performed by
the other employees in the office of the City Clerk.
[1]
Editor's Note — As to number 3 of this section,
the 2nd sentence was deleted since passage of ord. no. 93-06 setting
up a merit system police department.
