City of Eldon, MO Article I Generally

Section 140.010 Purpose/Scope.

A. This manual is intended to provide employees with information about working conditions, employee benefits, and the majority of the practices affecting employment. Employees should read and understand all provisions of these practices. These practices describe many of the employee's responsibilities and outline the programs developed by the City of Eldon (hereafter referred to as the City) to benefit employees. This is an informational guide to our current employment practices and shall not be construed as a contract, implied or otherwise. The City reserves the right to amend, delete, supplement or rescind any of the provisions of this manual as it deems necessary and appropriate without any advance notice. These practices shall not be construed to create contractual rights or any type of promise or guarantee of specific treatment upon which any employee may rely.

B. Due to the importance of these practices and their ability to establish a positive employment relationship between the City and its employees, each employee will be required to sign an acknowledgement form indicating that he/she has received, read and understood the manual. The signing of such a form and any revisions to the manual are a condition of employment.

Section 140.020 Nature of The Employment Relationship.

A. Employment with the City is employment at will and is voluntarily entered into by the employee and the City. The employee is free to resign at will at any time with or without cause and/or with or without notice. Similarly, the City may terminate the employment relationship at will at any time with or without cause.

B. The provisions set forth in this manual are not intended to create a contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between the City and any of its employees. The provisions of the manual have been developed at the discretion of the City and may be amended, revised or cancelled at any time at the City's sole discretion.

Section 140.030 Equal Employment Opportunity.

The City is an equal employment opportunity employer. The City employs, retains, promotes, terminates and otherwise treats all employees and job applicants without regard to their sex, race, color, religion, national origin, age, marital status, disability, or any other characteristic protected by law.

Section 140.040 Immigration Law Compliance.

The City is committed to employing only United States citizens or aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form (I-9) and present documentation establishing identity and employment eligibility.

Section 140.050 Anti-Harassment Policy.

A. The purpose of this policy is to maintain a healthy work environment and to provide procedures for reporting, investigating and resolving complaints of harassment, sexual or otherwise.

B. It is the policy of the City that all employees have the right to work in an environment free from harassment based on race, color, sex, religion, age, disability or national origin. The City will not tolerate, condone or allow harassment by employees, whether sworn (regular or service), civilian, volunteer or other non-employees who conduct business with the City. The City considers harassment and discrimination of others a form of serious employee misconduct. A violation of this policy can lead to discipline up to and including termination.

C. In accordance with this philosophy, unwelcome sexual advances, requests for sexual favors, sexual demands and other verbal, physical, or visual conduct of a sexual nature will constitute sexual harassment when:

1. Submission to such conduct is either an explicit or implicit term or condition of employment;

2. Submission to or rejection of the conduct is used as a basis for employment decision affecting the person rejecting or submitting to the conduct; or

3. The conduct has the purpose or effect of unreasonably interfering with an affected person's work performance or creating an intimidating, hostile or offensive working environment.

Section 140.060 Prohibited Activity.

A. No employee shall either explicitly or implicitly ridicule, mock or belittle any other person based on race, color, sex, religion, age, disability or national origin. Employees shall not make offensive or derogatory comments to any person, either directly or indirectly, based on race, color, sex, religion, age, disability or national origin. Such harassment is a prohibited form of discrimination under Federal and State employment laws and is also considered misconduct subject to disciplinary action by the City.

B. Each employee is responsible for assisting in the prevention of harassment in the following ways:

1. Refraining from participation in or encouragement of actions that could be perceived as harassment,

2. Reporting acts of harassment to a supervisor, and

3. Encouraging any employee who confides that he/she is being harassed or discriminated against to report these acts to a supervisor.

C. Failure of any employee to carry out the above responsibilities will be considered in any performance evaluation or promotional decision and may be grounds for discipline.

Section 140.070 Complaint Procedures.

A. Any employee encountering harassment or discrimination based on race, color, sex, religion, age, disability or national origin is encouraged to inform the person that his/her actions are unwelcome and offensive. The employee is encouraged to document all incidents of harassment in order to provide the fullest basis for investigation.

B. Any employee who believes that he/she is being harassed shall report the incident(s) as soon as possible to his/her supervisor so that steps may be taken to protect the employee from further harassment and so that appropriate investigation and disciplinary measures may be initiated. Where doing so is not practical, the employee may instead file a complaint with the City Administrator.

C. The City Administrator shall be responsible for investigating any complaint alleging harassment or discrimination. The City Administrator shall immediately notify the local prosecutor if the complaint contains evidence of criminal activity such as assault, attempted rape or rape.

D. The City Administrator shall reach a determination as to whether the person is harassing other employees and whether other employees participated in or encouraged the harassment.

E. The City Administrator shall inform the parties involved of the outcome of the investigation.

F. A file of any harassment and discrimination complaints shall be maintained in a secure location.

G. There shall be no retaliation against any employee for filing a harassment or discrimination complaint or for assisting, testifying or participating in the investigation of such complaint. These procedures do not preclude any employee from filing a complaint or grievance with the Missouri Human Rights Commission.

Section 140.080 Retaliation.

Retaliation against any employee for filing a harassment or discrimination complaint for assisting, testifying or participating in the investigation of such complaint is illegal and is prohibited by Federal and Missouri Statutes. Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate violation of this procedure established for harassment and discrimination complaints. Monitoring to ensure that retaliation does not occur is the responsibility of the City Administrator.

Section 140.090 Employee Personnel Records.

A. A personnel file for each employee is kept secured in the office of the Director of Human Resources, and access is limited to the Director of Human Resources, the employee's immediate supervisor/department head and the City Administrator. An employee's personnel file contains the employee's name, title, and/or position(s) held, job description, department to which the employee is assigned, salary, changes in employment status, training received, performance valuations, personnel actions affecting the employee and other pertinent information.

B. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, no information from an employee's personnel file will be released to the public without a written request for specific information and a signed release from the employee. Employee salary and benefit information are considered closed records under the Missouri Sunshine Law, Chapter 610, RSMo. Unless specifically required by process of law, this information will not be disclosed.

Section 140.100 References.

A. To ensure that individuals employed by the City are well qualified and have a strong potential to be productive and successful, it is our policy to check previous employment references and data of all applicants. Falsification of employment references and data by any applicant or employee will constitute grounds for refusal to hire and/or termination of the employee.

B. We will respond to both written and oral reference inquiries but will confirm only dates of employment, wage rates or salaries and position(s) held. Only the Director of Human Resources or designee will provide employment references on current or former employees.