[R.O. 2011 §23.000; Ord. No. 1909 §1(23.000), 10-20-1997]
The Board of Aldermen of the City of Savannah, Missouri, recognizes
that the primary responsibility for developing and administering the
personnel policy of the City of Savannah, Missouri, is reposed in
the office of City Administrator. This policy is adopted to outline,
in a comprehensive fashion, a general guideline for a personnel system
for the City Officers and employees. Appointments and promotions of
City Officers and employees shall be made solely on the basis of merit
and fitness demonstrated by examination or other evidence of competence.
The City Administrator is authorized to interpret this policy, to
refine and develop further the personnel policy of the City consistent
herewith, formally or informally, and to delegate such responsibility
as he/she may deem appropriate to discharge his/her authority and
responsibility and to issue such regulations which may include interpretive
decisions, as he/she may deem appropriate, with hearing.
[R.O. 2011 §23.010; Ord. No. 1909 §1(23.010), 10-20-1997]
Personnel policy is to be developed by the administration to
promote efficiency and economy in government, to reward merit, to
provide for the harmonious and impartial settlement of grievances,
and to develop and maintain good morale and confidence in governmental
officials and employees. These policies are adopted as guidance for
the administration and may be modified or amended as required by the
facts of any particular situation. This is not to be construed as
an employee handbook or contract of employment.
[R.O. 2011 §23.011; Ord. No. 1909 §1(23.011), 10-20-1997]
The Mayor and Board of Aldermen anticipate that human nature
and operational flexibility will result in disputes over the applicability
and meaning of the terms of this personnel policy. This policy is
intended to provide general suggestions and guidelines. It is not
the purpose of this policy to mandate inflexible conditions which
must be followed invariably at all times but to provide general concepts
that shall be adhered to substantially. The terms of this policy are
subject to the regulations, including interpretive decision of the
City Administrator. This policy is not an employee handbook and is
not to be distributed as such. It is guidance for administrative personnel
and is not to be construed as an express or implied contract creating
protected property or liberty rights or contractual conditions of
employment or duties of the employer. The employee's remedy in the
event of alleged departure from this guideline is to request clarification,
informally or formally, by regulation or interpretive decision, or
to process a grievance or appeal or request hearing, all as herein
provided.
[R.O. 2011 §23.012; Ord. No. 1909 §1(23.012), 10-20-1997]
Unless modified by law, all employees and administrative officers appointed and under supervisory authority of the City Administrator and/or Board of Aldermen have employment at the pleasure of the City and hold their position until the employee or the City shall desire to terminate the connection, in which event the dissatisfied party is to have the right to be relieved of further responsibility to the other. It is hereby ordained that the City, by creating this policy and providing guidelines to benefit its employees, does not relinquish or waive its entitlement to discharge employees at will (see Article X). However, the City must comply with the policies established herewith with regard to due process and right of hearing for discharged employee as outlined in Section 155.780.
[R.O. 2011 §23.013; Ord. No. 1909 §1(23.013), 10-20-1997]
The government of the City of Savannah, Missouri, shall be organized
on lines of authority and lines of cooperation as reflected in the
organizational chart and incorporated herein by reference.
[R.O. 2011 §23.014; Ord. No. 1909 §1(23.014), 10-20-1997; Ord. No. 2106 §1, 8-5-2002]
The City of Savannah is an equal opportunity employer. The City
is committed to equality of employment for all personnel, regardless
of race, religion, color, sex, age, national origin or handicap. Equality
of employment opportunity includes, but is not limited to, hiring,
training, promotion, demotion, transfer and discharge.
[R.O. 2011 §23.015; Ord. No. 1909 §1(23.015), 10-20-1997; Ord. No. 2106 §1, 8-5-2002]
A.
All City employees are expected to treat others with dignity and
respect. The City does not tolerate harassment of job applicants,
employees, vendors, citizens or anyone else.
B.
Any form of harassment related to an employee's race, color, sex
(same sex or opposite sex), gender, pregnancy, religion, national
origin, ancestry, age, citizenship status, physical or mental disability,
veteran status, or any other basis protected by Federal, State, or
local laws will not be tolerated and is a violation of this Chapter
that will be treated as a disciplinary matter. For these purposes,
the term "harassment" includes, but is not limited
to, slurs, jokes, or other verbal, graphic, or physical conduct. Harassment
includes making submission to or rejection of such conduct the basis
of any employment-related decision or action, and includes creating
an intimidating, hostile, or offensive working environment by such
conduct.
C.
Sexual Harassment. Sexual harassment of any form
or nature will not be tolerated. Unwelcome sexual advances, requests
for sexual favors, and any other verbal and physical conduct of a
sexual nature may constitute sexual harassment when:
1.
Submission to such conduct is made a condition of employment.
2.
Submission to or rejection of such conduct by an individual
is used as a basis for an employment-related decision such as promotion,
performance evaluation, pay adjustment, discipline, work assignment
or other condition of employment or career development.
3.
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile, or offensive work environment. The person being harassed,
as well as the harasser, may be a woman or a man, or both may be of
the same sex.
Conduct of any employee of the City of Savannah creating for
others a hostile or offensive work environment by reason of verbal
or physical conduct of a sexual nature as describe above is strictly
forbidden. Any employee of the City of Savannah, Missouri, who has
complained of sexual harassment shall be permitted to bypass the usual
grievance procedures and go directly to the City Administrator or
the Mayor with the complaint. The complaint is fully and properly
investigated and acted upon, except that all such complaints will
be considered confidential and only those individuals determined to
be involved in the complaint or its resolution will have information
concerning the same. Employees who bring complaints under these harassment
Sections or who assist in any investigation will not be adversely
affected in the terms and conditions of their employment. Violation
of these Sections by any employee shall subject him/her to disciplinary
action, up to and including termination.
[R.O. 2011 §23.016; Ord. No. 1909 §1(23.016), 10-20-1997; Ord. No. 2566, 7-9-2012]
A.
Purpose.
1.
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.
2.
To comply with all applicable Federal and State regulations
governing workplace alcohol and controlled substance abuse programs.
3.
To provide safe, dependable and economical services to its citizens,
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 provide
healthy, satisfying, working environments for its employees.
4.
To meet these goals, it is the policy of the City 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
substance 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.
Policy. The City shall designate the physician,
health care institution, clinic and/or laboratory to conduct the testing
(as well as any changes in such designation).
1.
The City reserves the right to require an employee submit to
drug and alcohol testing under the following circumstances:
a.
Pre-employment. The City will administer drug
and alcohol tests to all full-time and/or regular part-time candidates
for hire regardless of the position being filled. Prospective employees
will be instructed of the requirement to submit to such testing for
alcohol and unauthorized drugs as set forth herein. Any positive unauthorized
drug or alcohol test result or the refusal and/or failure to cooperate
with such testing will result in the applicant's disqualification
from consideration;
b.
Safety sensitive. Employees who serve in positions
designated as "safety sensitive" or who operate City vehicles and/or
other motorized equipment will be required to undergo testing that
complies with Omnibus Transportation Employees Act of 1991, as amended,
and all applicable United States Department of Transportation regulations.
Such requirements include periodic random drug testing. All such testing
pursuant to DOT regulations shall be conducted in accordance therewith;
c.
Post accidents. In the case of a work-related
accident that requires medical treatment (excluding routine first
aid) or damage to property in particular involving City vehicles;
d.
Reasonable suspicion. Where the City has reasonable
suspicion that the employee is under the influence of and/or has recently
ingested an unauthorized drug and/or alcohol;
e.
Where the employee has failed prior urinalysis and/or other
screening for unauthorized drugs and alcohol; and
C.
Refusal To Submit To Testing. An employee who refuses
to submit to testing will be discharged. Any employee submitting to
a test will be allowed to present a list of prescription or non-prescription
drugs to the testing facility and those will be considered in making
an evaluation of the test results. Upon request, an employee shall
be permitted to provide split samples.
D.
Employee Cooperation. Each employee to be tested
pursuant to this policy shall cooperate fully; execute and complete
truthfully such documents and releases as may be required by the physician,
health care institution, clinic and/or laboratory; and authorize a
written report of the results and/or other relevant records and testimony
to be submitted to the City.
E.
Discipline. If an employee submits to testing pursuant
to this policy and the result of such testing (including a confirmatory
test) reflects the presence of an unauthorized drug and/or alcohol,
the employee will be subject to immediate discipline up to and including
discharge. Should discipline short of discharge be imposed, the employee
must successfully complete an approved rehabilitation program (as
described herein) prior to returning to work.
1.
A second positive testing shall automatically result in immediate
termination.
2.
The presence of alcohol shall not be considered to exist where
the alcohol concentration in the employee's blood or breath is less
than two-hundredths (.02).
3.
It is a dischargeable offense for an employee to consume alcohol
beverages or use or possess unauthorized drugs on City premises, vehicles
and work sites, including parking lots, and/or during his/her work
shift or while engaged in City business.
4.
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 discipline as provided in the Personnel
Manual.
5.
This policy does not displace any other penalties that may be
imposed or be incurred as a result of violation of City policy or
State and Federal laws, or as provided in the Workers' Compensation
laws.
6.
Disciplinary action which may be undertaken pursuant to this
policy shall constitute an independent administrative action against
the employee involved and shall not be dependent upon or controlled
in any manner by any other civil, administrative or criminal proceedings
which are or may be instituted against the employee.
7.
Discipline short of discharge does not apply to probationary
or temporary employees.
F.
Rehabilitation. An employee who, prior to being
asked to submit to unauthorized drug and/or alcohol testing, requests
leave to seek substance abuse treatment will be offered unpaid rehabilitation
leave. The purpose of rehabilitation leave shall be to allow the employee
to seek medical treatment, with the goal of the employee returning
to the workplace as a productive and safe employee. The rehabilitation
leave shall operate as follows:
1.
Within seven (7) days of the start of the rehabilitation leave,
the employee shall submit to the City an initial written report of
a health care institution, physician or clinic (reasonably qualified
within the discretion of the City) outlining the plan of treatment
for the employee, as well as the anticipated duration thereof.
2.
On a weekly basis thereafter, the employee shall submit to the
City a written report of the physician, health care institution or
clinic, outlining the employee's treatment and progress, and confirming
his/her cooperation therein.
3.
The employee shall give at least two (2) weeks' written notice
of the date he/she intends to return to work, which notice shall be
accompanied by the written report of the physician, health care institution
or clinic, reflecting that the employee can safely return and perform
all essential functions of his or her job.
4.
During the two-week notice period, the employee shall submit
to testing pursuant in accordance with this policy.
5.
During and after the rehabilitation leave, the employee shall
execute such documents as may be necessary to allow the company to
consult with the physician, health care institution and/or clinic
and to obtain copies of all of the pertinent records and reports;
and to allow the physician, health care institution and/or clinic
(and their agents) to testify in any proceedings arising as a result
of this policy.
6.
Upon successful completion of rehabilitation leave, the employee
upon returning to work, the employee shall be subject to periodic
drug and alcohol testing for a period of eighteen (18) months.
G.
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 of the
City. In the case of apparent conflicts between this policy, other
policies and applicable law, the policy administrator shall make the
appropriate rulings to resolve the potential conflicts, whenever possible.
2.
In the event that 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 this policy
shall remain in effect. Parts that are void or voided shall be replaced
as soon as possible as to maintain the full effect of this policy
and/or to bring it into compliance with relevant laws.
H.
Amendments. This policy is subject to amendment
by the City from time to time. Amendments made shall be provided to
the employees upon adoption and shall become effective as approved
by the Board of Aldermen.
I.
Right Of Appeal Substance Abuse. An employee who
receives formal discipline (dismissal, suspension without pay, demotion,
reduction in compensation) for violation of the provisions of this
policy is entitled to appeal of rights.
[R.O. 2011 §23.017; Ord. No. 1909 §1(23.017), 10-20-1997]
A.
For purposes of determining the applicability of the various Articles
of this personnel manual to employees, employment is separated into
three (3) classifications:
1.
Exempt positions. Are those who are not subject
to the City classification and pay plan. They include positions which
are not salaried or which are salaried under special contracts: City
Administrator, City Clerk, City Attorney, members of boards, members
of commissions, members of committees, said employees are employees
at will.
2.
Unclassified positions. Are those which are employed outside the pay plan on a part-time (those regularly scheduled to work less than forty (40) hours/week and/or fifteen hundred (1,500) hours/year) or seasonal basis upon salaries commensurate with the position and contingent upon budgeting of funds by the Board of Aldermen authorizing said positions. Unclassified employees, including seasonal, temporary and part-time employees, will, unless otherwise directed by the City Administrator, be granted Workers' Compensation and Social Security fringe benefits but will not be eligible for other fringe benefits; said employees are employees at will. Articles II, III and IV (except as hereinabove provided) are not applicable to them.
3.
Classified positions. Are defined as all government
offices and positions not placed in exempt or unclassified service.
All provisions of the personnel manual apply to classified personnel.
[Ord. No. 2821, 4-4-2022]
A.
AUDITING OFFICIAL
EMPLOYEE
IMPROPER GOVERNMENTAL ACTION
RETALIATE, RETALIATION and RETALIATORY ACTION
Definitions.
For the purposes of this Section, the following terms and words are
hereby defined.
The City of Savannah Administrator, the Mayor, as well as
any authorized representative of the Board of Aldermen, in connection
with a report of improper governmental action within the Auditing
Official's jurisdiction as set forth in this Section.
Anyone employed by the City of Savannah, whether in a permanent
or temporary position, including full-time, part-time, and intermittent
workers. It also includes members of appointed boards, commissions,
or committees, whether or not paid.
Any action by a City employee, an appointed member of a board,
commission, or committee, or an elected official of the City, that
is undertaken during the performance of such person's duties to the
City or under color of City authority, and that violates a Federal,
State, or local government law or rule; is an abuse of authority;
violates the public's trust or expectation of their conduct; is of
substantial and specific danger to the public's health or safety;
or is a gross waste of public funds. The action need not be within
the scope of the employee's, elected official's, board member's, commission
member's, or committee member's official duties to be subject to a
claim of Improper Governmental Action. Improper Governmental Action
does not include City personnel action, including but not limited
to employee grievances, complaints, appointments, promotions, transfers,
assignments, reassignments, reinstatements, restorations, reemployments,
performance evaluations, reductions in pay, dismissals, suspensions,
demotions, reprimands, or violations of collective bargaining agreements,
except to the extent that such action amounts to retaliation as defined
in this Section.
Any adverse change in an employee's employment status or
the terms and conditions of employment that results from an employee's
protected activity under this Section. Adverse changes, include, but
are not limited to: verbal abuse; intimidation; creating a hostile
work environment; denial of adequate staff to perform duties; frequent
staff changes; frequent and undesirable office changes; refusal to
assign meaningful work; unsubstantiated letters of reprimand or unsatisfactory
performance evaluations; demotion; reduction in pay; denial of promotion;
transfer or reassignment; suspension or dismissal; or other disciplinary
action made because of an employee's protected activity under this
Section.
B.
Reporting
Procedures. To invoke the protections of this Section, an employee
shall make a written report of Improper Governmental Action to the
appropriate Auditing Official:
1.
Employees shall report sexual harassment, discrimination, a violation
of this Section, any civil rights issues, Improper Governmental Action
by members of the Police Department, fraud, other financial impropriety
and any actions for which no other appropriate recipient of the report
is listed in this Subsection to the City Administrator, or in the
case where the City Administrator is the person with whom the action
arises, the action shall be reported to the Mayor.
2.
Employees shall report a violation of election laws and Improper
Governmental Action by elected officials to the Missouri Ethics Commission.
3.
Auditing Officials shall meet to establish process and procedures
for managing complaints filed pursuant to this Section, and the Auditing
Officials shall investigate and dispose of reports of Improper Governmental
Action in accordance with these processes and procedures. If an Auditing
Official concludes that an Improper Governmental Action has taken
place or concludes that the relevant department, agency, or supervisory
officials have hindered the Auditing Official's investigation into
the complaint, the Auditing Official shall notify, in writing, the
City Attorney, the most senior official of the City department involved,
and any other entity the Auditing Official deems necessary in the
circumstances. The Auditing Official shall promptly provide a copy
of that written notice to the employee who filed the report.
4.
5.
It shall be unlawful for an employee to retaliate against another
employee who proceeded or is proceeding in good faith in accordance
with this Section.
C.
Protections.
To the extent allowed by law, the identity of any employee reporting
information about an Improper Governmental Action shall be kept confidential
unless the employee waives confidentiality in writing. Auditing Officials
may take reasonable measures to protect employees who reasonably believe
they may be subject to bodily harm for reporting Improper Governmental
Action.
D.
Remedies.
The following remedies may be available to employees subjected to
adverse actions for reporting Improper Governmental Action: restitution,
reinstatement, reimbursement for lost wages or expenses incurred,
promotion, or other forms of restitution. Nothing in this Section
shall prohibit an employee from pursuing his or her own private action
to seek damages or other remedies beyond those awarded by the City.
E.
Reporting
Retaliation. An employee who believes he or she has been retaliated
against in violation of this Section must submit a written complaint
within ninety (90) days of gaining knowledge of the retaliatory action.
The complaint must be filed with the Auditing Official investigating
the underlying Improper Governmental Action.
F.
Penalties.
Any employee of the City who engages in prohibited retaliatory action
is subject to discipline by suspension without pay, demotion, discharge,
or some combination thereof as appropriate.
G.
Savings
Clause. Nothing in this Section shall be construed to affect any report
of Improper Governmental Action, the investigation or prosecution
thereof, or any proceedings resulting from a report of Improper Governmental
Action made or commenced under any act or ordinance; nor shall any
just or legal right or remedy of any character be lost, impaired or
affected by this Section.
H.
Severability
Clause. If any provision, clause, sentence, paragraph, or word of
this Section or the application thereof to any person, entity, or
circumstances shall be held invalid, such invalidity shall not affect
the other provisions of this Section which can be given effect without
the invalid provisions or application, and to this end the provisions
of this Section are declared severable.
