Cross Reference — As to the police department personnel policy, see §§
200.120 — 200.170.
[CC 1975 §23.010; Ord. No. 90-2 §23.010, 2-7-1990]
Under 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, the rules and regulations contained
under this Chapter shall perform as the governing policies for all
City employees.
[CC 1975 §23.020; Ord. No. 90-2 §23.020, 2-7-1990]
The Board of Aldermen shall initiate action to develop comprehensive
position classifications and pay plans for all permanent employees
of the City.
[CC 1975 §23.030; Ord. No. 90-2 §23.030, 2-7-1990]
The City shall recruit applicants to positions without regard
to race, creed, national origin, religion, sex or age. Appointments
to all positions of employment with the City shall be made on the
basis of merit. Education, experience, physical condition and acquired
skills shall form the foundations of comparisons of applicant qualifications.
[CC 1975 §23.040; Ord. No. 90-2 §23.040, 2-7-1990; Ord. No. 98-20 §1, 12-22-1998; Ord. No. 06-50 §1, 12-19-2006; Ord. No. 21-05, 2-16-2021]
A. The
probationary period shall be ninety (90) days and shall apply to all
new employees. The purpose of the probationary period is to determine
the employee's fitness for the position and the employee's ability
to perform the work involved with the position. If the employee's
performance does not meet the required standards for the position
during the probationary period, the employee may be dismissed. Vacation
shall be earned by the new employee during the probationary period
but will not be available for use until the employee has completed
a year of employment. If the new employee does not complete the probationary
period, no vacation for that period shall be credited to the employee.
B. At
the end of ninety (90) days, the new employee shall automatically
receive status as a permanent employee, unless the employee is notified
in writing that the employee's services are terminated or unless the
employee was hired on a temporary basis.
[CC 1975 §23.060; Ord. No. 90-2 §23.060, 2-7-1990]
A. It
is expected that employees shall report to work on time, use their
available working hours to their best advantage and leave only after
their regular working hours have ended.
B. The
actions of employees of the City reflect upon both the employee and
the entire City organization. Pride in the community and in the work
performed is encouraged. Each employee should act in a respectful,
professional and responsible manner so as to be as much above criticism
as is possible given the circumstances.
C. The
employee shall be neat in appearance and shall be responsible for
keeping his/her work area as clean and neat as possible.
D. Coffee
breaks and other rest periods in the work schedule are a privilege,
not a right. Under normal circumstances and work conditions one (1)
break within each four (4) hours of the work schedule will be assumed
reasonable.
1. Working during extreme heat or cold shall not be construed as working
under normal circumstances and conditions and as such, breaks will
be allowed by the Department Head as necessary to insure that the
health and well being of the employee is not compromised.
2. However, during emergencies where the taking of a break may endanger
life, property, or cause significant additional expense to the City,
breaks shall not be deemed appropriate except when the health and
well-being of the employee is threatened.
3. Whenever it becomes clear that an employee or a group of employees
abuses the break privilege, the Mayor may take action to restrict
the number, amount of time or location of such breaks.
E. Equipment
and supplies purchased with City funds or provided by other agencies
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. In emergencies, City property may be used if needed
for the health, safety or protection of lives or property. The Mayor
shall determine what equipment is used and by whom in an emergency.
F. Reporting to work in a drugged or intoxicated state, consuming intoxicating beverages on the job, taking drugs which are either illegal or which would impair an employee's ability to function on the job, or concealing intoxicating beverages or drugs on City property are prohibited actions, punishable as outlined in Section
125.220 of this Chapter.
[CC 1975 §23.070; Ord. No. 90-2 §23.070, 2-7-1990]
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. Outside
employment shall not bring embarrassment or criticism to the 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 with the City during the period of construction
work for the City.
4. No employee shall accept employment which requires the use of City
equipment, facilities or materials.
5. Any case which is questionable in regards to this Section shall be
taken upon with the Mayor for approval.
[CC 1975 §23.080; Ord. No. 90-2 §23.080, 2-7-1990; Ord. No. 05-25 §1, 6-21-2005; Ord. No. 05-49 §1, 11-1-2005]
A. The
City's grievance procedure provides employees with a means for discussion
and resolution of work-related grievances. An employee can file a
grievance without concern about being treated in an adverse manner
for doing so. Grievances based on discriminatory practices should
be referred to the department head. All other work-related grievances
should be initiated by discussion with the immediate supervisor.
B. In
most instances, grievances must be filed in writing within ten (10)
days from the date of the alleged action.
C. Performance
appraisals are not subject to the grievance procedure, except when
the employee's overall rating has been reduced below a successful
rating.
D. A grievance
based on discrimination because of race, color, sex, nationality,
religion, age or disability must be initiated in writing and submitted
to the department head for review.
E. A grievance based on sexual harassment must be initiated by the employee in accordance with Section
125.290(F) of this City Code.
F. A grievance
not based on discrimination must be initiated by the employee by discussion
with his/her immediate supervisor. Within ten (10) working days of
this, the supervisor completes an investigation report and gives the
employee a copy. If the employee is not satisfied with the decision,
he/she may, within ten (10) working days after notification by the
immediate supervisor, take the grievance to the department head.
G. Within
ten (10) working days of receipt of the grievance the department head
meets with the employee and immediate supervisor to discuss the grievance.
Intermediate supervisors may attend this meeting as may a representative
chosen by the employee. If the representative is an employee, the
time used for this purpose by such employee shall be charged to annual
leave or leave without pay, at the fellow employee's option.
H. Within
ten (10) working days of this meeting the department head completes
an investigation report and gives the employee a copy. If the employee
is not satisfied with the decision handed down by the department head,
he/she may, within ten (10) working days after notification by the
department head, take the grievance to the City Administrator.
I. The
City Administrator considers the facts of the case as presented in
writing by the employee and management representatives. Within ten
(10) days of receipt of the grievance the City Administrator must
render a decision. The decision of the City Administrator, after approval
of the Mayor, is final.
J. Whenever
a grievance is lodged against the City Administrator, the employee
shall first present the grievance to the City Administrator for action.
Appeals of the City Administrator's decision shall be filed with the
Mayor and presented to the full Board of Aldermen for final disposition.
[CC 1975 §23.090; Ord. No. 90-2 §23.090, 2-7-1990]
Pay rates and job classifications, except City Officers, shall
be determined by the Mayor with the advice and consent of the Board
of Aldermen.
[CC 1975 §23.100; Ord. No. 90-2 §23.100, 2-7-1990; Ord. No. 05-25 §2, 6-21-2005; Ord. No. 10-24 §1, 7-6-2010]
A. The
workweek for City employees may vary from department to department
depending on the department needs. All employees shall be paid every
two (2) weeks on Fridays, except the City Administrator, City Collector,
City Clerk, Mayor, City Attorney, Economic Development Director, Municipal
Court Judge, Municipal Court Prosecutor and City Treasurer who shall
be paid once a month at the end of the month. If the designated payday
falls on a holiday, pay shall be issued the day before the designated
payday.
B. For
the purpose of this Section only,
"a holiday" shall be as defined in Section
125.130.
[CC 1975 §23.110; Ord. No. 90-2 §23.110, 2-7-1990; Ord. No. 10-24 §2, 7-6-2010]
A. Work Hours. Work schedules may vary from department to department
depending on department needs.
B. Overtime. Overtime shall be paid by the City in compliance
with the prevailing State and Federal Labor Statutes. Overtime must
be approved by the Mayor or City Administrator; without approval there
shall be no additional compensation. The City shall compensate for
overtime worked by allowing the accrual and use of compensatory time
off at the rate of one and one-half (1½) times the employee's
normal rate of pay; two (2) times for holidays. Employees in each
City Department, except Police, may accrue up to forty (40) hours
of overtime per year to be compensated by "comp" time off. For approved
overtime worked and accrued in excess of forty (40) hours per year,
the City shall make payment in cash at one and one-half (1½)
times the employee's normal rate of pay. Police Department employees
may accrue up to forty (40) hours/year for comp time and receive cash
compensation for hours greater than forty (40) hours.
C. Time Off. Department Heads shall approve employee requests
for time off for vacation or comp time provided that the time off
will not interfere with the department's ability to function. Requests
for time off by the Department Heads shall be approved by the Mayor
or City Administrator.
[Ord. No. 91-20 §§1 —
5, 6-18-1991; Ord. No.
10-24 §3, 7-6-2010]
A. It
is the intent of the City that all employees receive fair compensation
for any and all work performed in excess of their regular work period.
The purpose is to acquaint employees with compensatory time and to
establish procedures for the computing, regulation and accumulation
of compensatory time.
B. Computing Overtime. The computing of compensatory time shall
be based on a seven (7) day work period of forty (40) hours at a rate
of one and one-half (1 1/2) for all employees. Vacation time, sick
time, or previously earned compensatory time cannot be used when calculating
the number of hours worked in a week to earn compensatory time. Holiday
time will be considered as time worked, when calculating compensatory
time, however in that case compensatory time will be granted at straight
(one for one) time, until forty (40) physical hours has been reached,
then it will be at one and one-half (1 1/2) times.
[Ord. No. 20-11, 5-5-2020]
C. Accumulative Compensatory Time. No employee shall be permitted
to accumulate more than (40) hours of compensatory time without the
joint approval of the Department Head and Mayor or City Administrator.
Accumulated compensatory time may be cashed in at any time with the
submittal of an approved form to the City Clerk.
[Ord. No. 20-11, 5-5-2020]
D. Procedure. The Department Head, Mayor and City Administrator
are responsible for authorization and approval of all time worked
in excess of regular work period. An employee requesting the use of
comp time shall make arrangements with the Department Head ahead of
the time he/she wishes to take off. An employee who as accrued compensatory
time and requests use of the time must be permitted to use the time
off within a "reasonable period" after making the request if it does
not "unduly disrupt" the operation of the department. The compensatory
time earned by an employee constitutes a legal liability for the City.
It is the responsibility of the Department Heads to be familiar with
the guidelines established by the Fair Labor Standards Act concerning
the use of compensatory time.
[CC 1975 §23.120; Ord. No. 90-2 §23.120, 2-7-1990]
A. Department
Heads shall sign and submit time sheets for personnel under their
supervision. The time sheets shall verify hours worked, time off with
authorization, sick days, and all unexcused absences.
B. Falsification
of time sheets, either by the employee, another employee, or the Department
Head shall be cause for disciplinary action.
[CC 1975 §23.130, Ord. No. 90-2 §23.130, 2-7-1990; Ord. No. 09-04 §1, 1-20-2009]
A. Unless
the employee is required to be on regular duty, the following days
may be observed by City employees:
[Ord. No. 21-04, 2-2-2021]
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New Year's Day
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President's Day
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Good Friday
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Memorial Day
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Fourth (4th) of July
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Labor Day
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Veterans Day
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Thanksgiving
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Friday after Thanksgiving
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Christmas Eve Day
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Christmas
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Personal Holiday
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B. When any of the holidays listed in Subsection
(A) hereof fall upon a Saturday, the employees will take Friday off. If said holiday falls on Sunday, they will observe the holiday on Monday.
C. Employees
required to work on a holiday shall be credited with two (2) times
their regular pay for that day.
D. The exact day(s) and hours when a particular holiday are to be observed
may be adjusted from year-to-year by motion duly passed by the Board
of Aldermen.
[Ord. No. 14-43 §1, 11-18-2014]
[CC 1975 §23.140; Ord. No. 90-2 §23.140, 2-7-1990; Ord. No. 93-37, 12-9-1993; Ord. No. 04-08 §1, 2-3-2004; Ord. No. 05-25 §3, 6-21-2005; Ord. No. 09-04 §2, 1-20-2009]
A. Intent. Sick leave is a type of earning's insurance for
the employee during his/her employment. Like insurance, an employee
is better off if he/she does not collect on it. It is the intent of
this Section that sick leave be taken only in a real emergency or
in real sickness. All sick leave shall be granted by the Mayor.
B. Occasions. Sick leave shall be taken on account of sickness
or injury (non-work related) to an employee or sickness or injury
of any member of the employee's immediate family.
Sick leave may be taken to meet dental appointments, to take
physical exams or other sickness prevention measures, or to attend
funerals as outlined in this Section.
C. Dental Care. Necessary dental care shall be recognized as
a proper cause for granting sick leave.
D. Ocular Conditions. Ocular conditions necessitating professional
attention may be cause for the granting of sick leave. Routine eye
exams and exams for the fitting of corrective eye wear shall only
be causes for sick leave when the employee can not attend to these
functions off work time because of his/her optical shop/optician's
hours of business.
E. Serious Illness In The Immediate Family. Sick leave of not
more than three (3) days may be taken in the event of a serious illness
in the employee's immediate family, provided that such illness is
of such a serious nature as to require the attendance of a licensed
physician, and appears to the Mayor and the employee's Department
Head that the employee's absence from the situation would tend to
incapacitate the employee at work. If more time is required, it must
be approved by the Mayor.
F. Death In The Family.
1. An excused absence of not more than three (3) days may be taken in
the event of a death in the employee's immediate family.
2. An excused absence of not less than one-half (½) day and not
more than one (1) full day may be granted to serve as a pallbearer
for past or present City employees.
3. Excused absences for death shall not be credited to sick leave. If
additional time is required, the same shall be granted at the discretion
of the Mayor.
G. Injuries During Work. Employees who are injured on the job
shall make an immediate report of all injuries to their immediate
supervisor.
H. Sick Leave And Workers' Compensation. Leave taken while
an employee is receiving Workers' Compensation benefits shall not
be charged against the employee's accrued sick leave.
I. Entitlement. Permanent, full-time employees shall be entitled
to sick leave in the event of absence due to sickness or injury or
accident. During the probationary period no such leave will be granted.
However, from and after February 1, 2009, all permanent full-time
employees will accrue eight (8) hours of sick leave per calendar month.
Provided however, a new employee hired between the months of July
to December shall be entitled to a total of forty (40) hours, less
sick leave actually used, upon completing employment on December thirty-first
(31st) of the year of hire. All permanent full-time employees hired
prior to February 1, 2009, shall retain their accrued sick leave which
has been accrued at the rate of one (1) day/month. No maximum is placed
on the accumulation of sick leave.
J. Release By Physician Required.
1. In all the Subsections of this Section all employees may be required
by the Mayor to provide a release from their attending physician or
dentist that they are fit to return to work for sick leave over five
(5) consecutive days. Employees shall be required to submit such a
return to work authorization if they had no accrued sick leave but
were absent from the job due to sickness. Any employee unable to furnish
said release shall be considered absent without authority unless approved
by the Mayor.
2. All employees must report to their Department Heads when they are
unable to report to work due to sickness. Department Heads must report
the employee's absence due to sickness to the Mayor.
K. Sick Leave At Termination. No sick leave benefits of any
kind shall be granted or used after notice of termination or submission
of notice to resign unless the need for sick leave is verified by
the attending physician. At separation from City service, accumulated
and unused sick leave benefits will not be reimbursed to the separating
employee.
[Ord. No. 18-35, 9-4-2018]
L. Changing Of Leave Status. An employee on vacation who becomes
ill or injured, may, upon proper notice to and approval by the Mayor,
have their leave status changed to sick leave.
M. Penalty. Claiming sick leave when physically fit, except
as permitted in this Section, may be cause for disciplinary action
including, but not limited to, suspension or dismissal.
[CC 1975 §23.150; Ord. No. 90-2 §23.150, 2-7-1990; Ord. No. 93-38, 12-9-1993; Ord. No. 05-25 §4, 6-21-2005; Ord. No. 09-04 §3, 1-20-2009]
A. Vacation
leave for permanent full-time employees shall be granted as follows:
1. First (1st) year through the fifth (5th) year of service —
two (2) weeks.
2. Six (6) years of service — two (2) weeks plus one (1) day.
3. Seven (7) years of service — two (2) weeks plus two (2) days.
4. Eight (8) years of service — two (2) weeks plus three (3) days.
5. Nine (9) years of service — two (2) weeks plus four (4) days.
6. Ten (10) years of service — three (3) weeks.
7. Eleven (11) years of service — three (3) weeks plus one (1)
day.
8. Twelve (12) years of service — three (3) weeks plus two (2)
days.
9. Thirteen (13) years of service — three (3) weeks plus three
(3) days.
10. Fourteen (14) years of service — three (3) weeks plus four
(4) days.
11. Fifteen (15) to twenty-five (25) years of service — four (4)
weeks.
12. Twenty-five (25) and more years of service — five (5) weeks.
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In order for any employee to be entitled to the above leave
as indicated, the employee's service must be consecutive. Maximum
accumulation of vacation leave is thirty (30) days or two hundred
forty (240) hours.
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B. If
a holiday falls during an employee's vacation leave, the employee
shall be granted an extra day of vacation leave.
C. It
is the intent of this Section that vacation be given as an opportunity
for an employee to refresh himself/herself through a change in environment
from his/her job. In so far as is possible, leave will be taken in
weekly blocks. Exceptions to this paragraph may be granted by the
Mayor.
D. Vacation
leave shall be requested by the employee sufficiently in advance to
allow the Department Head to arrange work schedules. As a minimum,
it is expected that leave be requested at least ten (10) days in advance.
Leave will not be granted if it has not been formally requested prior
to the time off.
E. Scheduling
is the responsibility of the Department Head for employees under his/her
supervision. Department Heads will take into consideration seasonal
demand and manpower requirements in their respective activities. Priority
in scheduling will be given based on a combination of employee seniority
and the timeliness of the request.
F. Vacation
may be denied temporarily in an emergency or in a situation where
the granting of vacation leave would result in insufficient manpower
by reason of other employees in the department being on sick leave
or vacation leave. The Mayor may grant pay in lieu of vacation time
off.
G. At
separation from City service the City will either grant vacation leave
or pay in lieu of time, at the Mayor's discretion. Employees who leave
the job arbitrarily, without at least ten (10) working days' notice
given to the Mayor, shall forfeit their vacation pay.
[CC 1975 §23.160; Ord. No. 90-2 §23.160, 2-7-1990; Ord. No. 10-38 §1, 10-19-2010]
A. The
City will provide all permanent full-time employees with group plan
health and life insurance coverage. "Permanent full-time employee" for the purposes of this Section shall mean any permanently employed
employee who is scheduled, on a regular basis, to work at least thirty-two
(32) hours per week. "Group plan health and life insurance
coverage" for the purposes of this Section shall mean group
hospital, medical and life insurance coverage. It shall be the option
of the employees as to whether they wish to sign up for individual
or family coverage.
B. The
Board of Aldermen may, from time to time, revise the City's insurance
plan.
C. Elected
officials of the City and their immediate family may participate in
any group plan health and insurance coverage provided by the City
to permanent full-time employees pursuant to this Section if permitted
under the group plan; provided however, any elected official of the
City participating in such group plan shall be solely responsible
for any added cost to the City for such participation, and the City
shall not pay any added premium charged for such coverage for any
elected official of the City or their immediate family.
[CC 1975 §23.170; Ord. No. 90-2 §23.170, 2-7-1990]
A. All
employees, of every classification, are covered by Social Security.
B. For
employees meeting the requirements set forth by the State of Missouri,
the City participates in the Missouri Local Government Employee's
Retirement System (LAGERS) and employees shall participate in the
system.
[CC 1975 §23.180; Ord. No. 90-2 §23.180, 2-7-1990; Ord. No. 00-03 §1, 3-7-2000; Ord. No. 05-25 §5, 6-21-2005]
A. Military Leave With Pay. Time off with pay will be granted
to employee for training duty with National Guard or military reserve
units not to exceed fifteen (15) calendar days per year. Such requests
for a leave of absence should be accompanied by a copy of official
orders requiring such training. Additional time off with pay will
be granted to members of the National Guard for emergency duty such
as floods, riots, etc.
B. Military Leave Of Absence Without Pay. Employees entering
the Armed Forces of the United States, whether through induction,
enlistment or recall to active duty from the National Guard or military
reserve unit, will be granted military leave of absence without pay.
Only permanent full-time employees are entitled to such leave. Said
leave shall be granted only after an application for leave has been
submitted by the employee as evidence as to when such duty was rendered.
The employee shall be required to submit a request for return to work
upon completion of his/her duty as evidence that such duty was performed.
[CC 1975 §23.190, Ord. No. 90-2 §23.190, 2-7-1990]
Employees shall be granted leave with pay for service upon a
jury; appearance before a court, legislative or other body as a witness
in a proceeding involving the Federal Government, the State of Missouri,
or the City of Carl Junction in response to a duly served subpoena
or other direction by proper authority; or attendance in court in
connection with his/her official duties, upon approval of the Mayor.
In the case of leave for jury duty, the compensation for duty allowed
by the Court, provided it is less than the employee's City wages,
shall be deposited in the City's Treasury. In the case of jury duty
where Court allowed compensation is greater than the employee's normal
wages, the Court's allowance will suffice as compensation for the
employee.
[CC 1975 §23.200; Ord. No. 90-2 §23.200, 2-7-1990]
A. Any
employee in the service of the City, who is mentally or physically
incapacitated and feels he/she cannot perform his/her assigned duties
to the fullest degree, or who for any stated reason wishes to absent
himself/herself from their duties, may, with the approval of the Mayor,
be granted a leave of absence without pay.
B. Such
leave will be granted only when it is deemed by the Mayor to be in
the best interest of the City, and except in the case of illness or
disability, shall not exceed one (1) year.
C. Upon
the employee's return to work, the employee will be offered a position
of equivalent pay, if such position is available.
[CC 1975 §23.210; Ord. No. 90-2 §23.210, 2-7-1990]
No employee shall absent himself/herself from duty without permission
of his/her Department Head or the Mayor. Any employee absenting himself/herself
from duty without leave or permission will be subject to disciplinary
action. A second (2nd) offense of this Section may be cause for dismissal.
After a total of three (3) working days' absence without notice, leave
or permission, the Mayor may declare the position vacant.
[CC 1975 §23.220; Ord. No. 90-2 §23.220, 2-7-1990; Ord. No. 05-50 §1, 11-1-2005; Ord. No. 14-35 §1, 10-7-2014]
A. Dismissals. The City Administrator, with the approval
of the Mayor, may dismiss an employee under his/her supervision and
such dismissal or suspension shall automatically separate the employee
from pay status. In dismissing an employee the City Administrator
shall state the cause of the action in writing. A copy of the notice
stating the action shall be delivered to both the employee, the Mayor
and the Board of Aldermen, and a copy placed in the employee's personnel
file.
B. Suspensions. The City Administrator, with the approval
of the Mayor, may suspend an employee under his/her supervision and
such suspension shall either be with or without pay at the discretion
of the City Administrator with the approval of the Mayor. In suspending
an employee the City Administrator shall State the cause of the suspension
in writing. A copy of the notice stating the action shall be delivered
to both the employee and the Mayor, and a copy placed in the employee's
personnel file. Suspension of an employee shall not exceed thirty
(30) working days.
C. Dismissal And Suspension Of Police Officers. The Police Chief, with the approval of the Mayor, may dismiss or suspend a Police Officer under his/her supervision. All dismissals or suspensions by the Police Chief shall follow the procedures as outlined in Subsections
(A) and
(B) of Section
125.220 of this Code.
D. The following items shall be cause for dismissal or suspension or
lesser disciplinary action, at the City Administrator's/Police Chief's
discretion, upon approval by the Mayor:
1.
Failure to report to 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 cash or other valuables.
6.
Conviction of a felony or violent misdemeanor.
8.
Insubordination or disobedience of a superior's instructions.
9.
Failure to comply with orders of the Mayor, Department Head
or Supervisor.
10.
Misconduct, on- or off-duty, if it brings discredit to the City.
11.
Sleeping, gambling, drinking intoxicating beverages, taking
illicit drugs, being under the influence of alcohol or drugs, whether
legal or illicit, or concealing drugs or alcohol on City property
while on-duty.
12.
Gross negligence in the performance of duties.
13.
Making a false report or misrepresentation to a superior, the
Mayor, or the Board of Aldermen.
14.
Claiming sick leave when physically fit.
16.
Misappropriation, destruction, theft, or conversion of City
property.
17.
An employee subsequent to employment becomes physically or mentally
unfit for the performance of his/her duties.
18.
Willful disregard for others.
19.
Falsification of any information required by the City.
20.
Failure to properly report accidents or personal injuries.
21.
Neglect or carelessness in the execution of duties which results
in damage to City property or equipment.
22.
Repeated convictions during employment of misdemeanors and/or
traffic charges.
23.
Active participation in local municipal elections.
E. Notice And Hearing.
1.
Any employee determined to be in violation of any or several
of the above infractions by his/her Department Head or the City Administrator
shall be notified, in writing, of such determination. Such written
notice shall contain the nature of the offense and possible disciplinary
action to be taken.
2.
The employee shall then have an administrative hearing before
the City Administrator at which time action on the offense may be
taken.
3.
The employee, after receiving discipline from the City Administrator,
may appeal the decision, in writing, to the Board of Aldermen and
be heard before a closed meeting of the Board. The written appeal
and request for hearing before the Board of Aldermen shall be filed
with the City Administrator, and the City Administrator shall notify
the Mayor and shall schedule the matter for hearing on the agenda
of the Board's next meeting.
4.
Upon termination from City service, employees shall return all
items and property in their possession and care belonging to the City.
[CC 1975 §23.230; Ord. No. 90-2 §23.230, 2-7-1990]
A. Employees
wishing to resign shall file with their Department Head such notice,
in writing, at least ten (10) working days before said notice is to
be effective. Failure to comply with this regulation shall result
in the forfeiture of all accrued vacation time and benefits.
B. A copy
of the resignation shall be placed in the employee's personnel file.
[CC 1975 §23.240; Ord. No. 90-2 §23.240, 2-7-1990]
The Mayor may layoff employees whenever such action is made
necessary by reason of shortage of work or funds, the abolition of
a position, or because of a change in organization. However, no permanent
full-time employee shall be laid off while there are seasonal, part-time
or probationary employees serving the same class of positions for
which the permanent full-time employee is qualified, eligible, and
available.
[CC 1975 §23.250; Ord. No. 90-2 §23.250, 2-7-1990]
All departments shall develop and adopt intra-departmental rules
and regulations. The rules and regulations shall not supersede the
rules and regulations set forth in this Chapter.
[CC 1975 §23.260; Ord. No. 90-2 §23.260, 2-7-1990]
Rules and regulations defining labor standards and conditions
of employment generally applicable to the employees of the City, other
than rates of pay and job classifications, will be adopted from time
to time and thereupon notice shall be published to the employees.
[CC 1975 §23.270; Ord. No. 90-2 §23.270, 2-7-1990]
The hiring of persons who are relatives of City Officials and
employees shall be prohibited unless it is determined by the Mayor
that such person is eminently qualified and that such hiring would
be in the City's best interest.
[Ord. No. 98-01 §§A —
G, 1-6-1998; Ord. No.
05-47 §1, 11-1-2005]
A. The
following policies and procedures apply to all officers and employees
of the City of Carl Junction, Missouri, including but not limited
to, full and part-time employees, elected and appointed officials,
permanent and temporary employees, employees covered or exempted from
personnel rules or regulations, and employees or contractors working
under contract for the City.
B. This
policy shall be distributed to all employees of the City. Every employee
will 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.
C. "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 promises of better treatment or
threats concerning employment; discriminating against an employee
for refusing to "give in" to demands or requests for sexual favors;
or rewarding or granting favors to one who submits to demands or requests
for sexual favors. Sexual harassment includes conduct directed by
men toward women, conduct directed by men toward men, conduct by women
toward men, and conduct directed by women toward women.
D. Employees
are not only encouraged to report instances of sexual harassment,
they are obligated to report instances of sexual harassment. Employees
are obligated to cooperate in every investigation of sexual harassment,
including but not necessarily limited to, coming forward with evidence,
both favorable and unfavorable, to a person accused of sexual 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 of sexual harassment. Disciplinary action may
be taken against any employee who fails to report instances of sexual
harassment, or who fails or refuses to cooperate in the investigation
of a complaint of sexual harassment. No disciplinary action or negative
job-related action shall be taken against any person who in good faith
files a sexual harassment complaint, or who provides truthful information
in a sexual harassment investigation.
E. It
is the policy of the City of Carl Junction that sexual harassment
by any employee, Board member, Mayor, member of the public, or employees
of outside organizations will not be tolerated. Sexual harassment
is generally considered to be a violation of the sex discrimination
provisions of the Title VII of the 1964 Civil Rights Acts and subsequent
amendments. Under no conditions will verbal and/or physical conduct
of a sexual nature toward any employee be condoned. This includes
such situations as employment, promotions, wage and salary increase,
and any other circumstances that might contribute to an intimidated,
hostile, or offensive work environment.
F. The
following procedures apply to the filing of a sexual harassment complaint.
Employees have a right to circumvent the employee chain of command
in selecting which of the following persons to whom to make a complaint
of sexual harassment:
1. Any employee who feels they have been subjected to sexual harassment
should immediately report the incident to their supervisor. If the
supervisor is in any manner a party to the sexual harassment or does
not respond to the employee request, the employee may directly contact
the City Administrator. In the event the City Administrator is the
subject of the complaint, the employee may contact the Mayor or any
member of the Board of Aldermen. Every supervisor receiving a report
of sexual harassment shall immediately notify the City Administrator.
In the event the report is made to an elected official, that official
shall notify the Chairman or a member of the Personnel Committee (the
"Committee").
2. The initial report shall be in writing, setting forth the name of
the individual making the complaint, the person(s) subject of the
complaint, the date(s) and the nature of the offending actions. The
report shall be dated and signed by the employee making the complaint
and the supervisor or other person receiving the complaint. One (1)
copy shall be retained by the person to whom the complaint is made.
No oral complaints will be accepted. If the employee is not contacted
by the City Administrator, the Mayor, the City Clerk or an elected
official within three (3) business days of the filing of the complaint,
the employee lodging the complaint shall make direct contact, in writing,
with one (1) of those officials.
3. Any employee who feels that any person or situation they are exposed
to constitutes sexual harassment should immediately indicate to the
individual(s) involved or their supervisor that the action, words,
situation or other circumstances are unwelcome and the employee would
like them/it to stop or be charged.
4. All supervisors who have received a complaint of sexual harassment
shall immediately inform the City Administrator who shall conduct
an investigation of the complaint and file a report with the Committee
(copy to the employee filing the complaint) indicating:
a. The findings of the investigation;
b. Names of involved individuals;
d. Events surrounding the incident(s); and
5. The Committee shall review the complaint and either approve the recommended
action or present for implementation an alternate action.
G. Penalty
for participating in sexual harassment:
1. Any employee participating in sexual harassment will be subject to
strict disciplinary action which may include termination.
2. Outside vendors may be prohibited from trading with the City.
3. Disciplinary actions concerning Board members, the Mayor and members
of the public will be addressed by the Mayor and Board of Aldermen.
[Ord. No. 09-48 §1, 10-20-2009]
A. Policy. It is the policy of the City of Carl Junction to
provide safe, dependable and economical services to its citizens and
to comply with the requirements of Federal and State law and regulations
related to the Drug Free Work Place Act of 1998. It is also the policy
of the City of Carl Junction to provide healthy, satisfying, working
environments for its employees.
To meet these goals, it is the policy of the City of Carl Junction
to ensure that its employees are not impaired in their ability to
perform assigned duties in a safe, productive and healthy manner;
to create a work place environment free from the adverse affects of
alcohol and controlled substances abuse or misuse; to prohibit the
unlawful manufacture, distribution, dispensing, possession or use
of alcohol and controlled substances.
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 Federal and State
regulations governing workplace alcohol and controlled substance abuse
programs mandated under the above-noted acts. These acts mandate controlled
substances urinalysis and breathalyzer alcohol tests for safety-sensitive
functions when there is a positive test result. The Federal law has
also established standards for collection and testing of urine breath
specimens, the reporting of certain drug-related offenses, protective
measures for certain employees tested, for the preservation of confidentiality
and for certain reporting.
The City of Carl Junction believes that its employees are its
most valuable assets. Thus, a primary objective of the policy is to
ensure that public safety and the welfare of our employees are endangered
as a result of substance abuse.
C. Confidentiality. All records developed and/or acquired pursuant
to this policy shall be maintained under strict confidentiality by
the City of Carl Junction and the testing facility, when and as applicable.
The City of Carl Junction may use the test results to determine
the appropriate response to employee controlled substance or alcohol
use, to support its disciplinary actions and/or in defense of the
City.
All 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 in litigation or quasi-judicial
and administrative proceedings related to positive test results and/or
matters initiated by an employee.
D. Applicability. All employees of the City of Carl Junction
are subject to this policy. All employees are subject to the following
types of controlled substance and alcohol testing: pre-employment
as described in this policy, post-accident as described in this policy
and return to work as described in this policy.
E. Alcohol And Controlled Substances Prohibitions. An employee
is prohibited from the operations of city owned vehicles and/or equipment
and/or from engaging in any work-related functions while consuming
alcohol; while consuming a controlled substance; while under the influence
of a controlled substance; unless authorized pursuant to the medication
provisions hereinafter set forth; while having a blood alcohol concentration
of 0.02 or greater, within four (4) hours of consuming alcohol; after
refusing to submit to a controlled substance and/or alcohol test;
and from consuming alcohol within eight (8) hours after an accident
as specified in this policy.
An employee is prohibited from the unauthorized possession of
alcohol and of controlled substances at any time.
Any employee in violation of this policy is considered to have
committed misconduct and is subject to disciplinary consequences such
as suspension and/or termination. Positive test results for illegal
controlled substances and/or positive alcohol tests while operating
City equipment will result in termination.
F. Medication.
Notice to Supervisor: When dangerous drugs,
controlled substances, narcotics or hallucinogens are prescribed for
use during work hours or the side effects could be experienced during
work hours, the employee shall notify the immediate supervisor. An
employee taking any substance, including over-the-counter medicines,
which may interfere with safe job performance, must notify the immediate
supervisor.
Prescribed Medication: An employee shall not
report for duty or remain on duty when using, under the influence
of or possessing any controlled substance, unless the substance is
a medication prescribed for that employee and the employee has been
instructed by a physician or dentist that the substance does not adversely
affect the employee's ability to safely, effectively or satisfactorily
perform job duties.
Over-the-Counter Medication: An employee shall
not report for duty, nor remain on duty, when the employee uses over-the-counter
medication that interferes with the safe, effective or satisfactory
performance of duty or that the employee should reasonably know has
such effect.
Illegal Use of Legal Drugs: An employee shall
not use or be under the influence of legal drugs that are being used
illegally.
Detectable Level of Drugs: An employee shall
not have a detectable level of dangerous drugs, controlled substances,
narcotics or hallucinogens in urine or bloodstream, except in relation
to a valid personal prescription.
G. Testing Circumstances.
1. Pre-employment testing.
a. Pre-employment controlled substance urinalysis testing shall be required
of all applications for positions with the City of Carl Junction as
a condition of employment. Testing requirements for any open position
shall be specified in the vacancy notice and/or job description of
the position.
b. Applicants are required to submit to testing and must satisfactorily
pass all tests as the final condition prior to commencing employment.
The failure of a controlled substance or alcohol test disqualifies
an applicant from employment for a period of at least one hundred
twenty (120) days.
c. To be considered for future employment, an applicant must pass a
controlled substance urinalysis and/or alcohol test.
2. Post accident testing.
a. Post accident testing shall be required to test employees after an
accident in which injury has occurred or when a traffic citation is
issued after an accident. Testing shall be required where injury to
a person requires treatment at a medical facility. Testing shall include
controlled substance urinalysis and/or breath alcohol testing of the
employee(s).
b. Post accident testing shall be 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.
Whenever testing is delayed, appropriate documentation of the reason
for the delay shall be required. To ensure testing accuracy, an employee
involved in an accident shall refrain from alcohol consumption for
eight (8) hours following the accident.
3. Return to work testing. Return to work controlled
substance urinalysis and alcohol testing for all employees covered
by this policy shall be required for all employees who previously
tested positive on a controlled substance or alcohol test. Before
returning to work, the employee must test negative on all required
tests and be evaluated and released to return to work.
H. Alcohol. Any employee who is found to have engaged in prohibited
alcohol conduct under this policy shall be immediately removed from
work-related activity. Any employee who tests with a blood alcohol
concentration above 0.02 shall be removed from service without pay
for at lest twenty-four (24) hours. An initial screening test is conducted
first. Any result that is less than 0.02 blood alcohol concentration
is to be considered negative. If the blood alcohol concentration is
0.02 or greater, a second (2nd) confirmatory test must be conducted.
I. Controlled Substances.
1. Controlled substance testing is conducted by analyzing an employee's
urine specimen performed at a laboratory for the following controlled
substances: Marijuana (THC metabolite), Cocaine, Amphetamines, Opiates
(including Heroin), Phencyclidine (PCP). The testing for controlled
substances is a two (2) stage process. First, a screening test is
conducted. Lack of presence of the specified controlled substances
shall constitute a negative test result. If the test is positive for
one (1) or more of the controlled substances, a confirmatory test
is conducted for each identified controlled substance. An employee
who tests positive on the confirmatory test shall be interviewed by
the City of Carl Junction. The employee shall be immediately removed
from work-related activities and placed on unpaid leave status and
the employee shall not be permitted to resume work until the employee
is evaluated and has tested negative in a follow-up test.
2. An employee who questions the results of a required controlled substance
urinalysis 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. 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 re-test
must be made to the City within seventy-two (72) hours of the notice
to the employee of the initial test result.
J. Testing Refusal Or Delay.
1. Any employee who fails to submit to the required testing under this
policy is considered to have tested positive and shall be subject
to all of the consequences that follow related to positive testing.
2. An employee ordered to test shall report immediately to the test
site upon being ordered to submit to testing. No delay of any type
shall be granted or taken. Delay in reporting by the employee shall
be treated as refusal to test and shall subject the employee to all
of the consequences that follow related to positive testing.
3. Failure to provide a sufficient sample or for providing an adulterated
sample shall be considered as a refusal to test and shall subject
the employee to all of the consequences that follow related to positive
testing.
K. Contractual Support Professionals.
1. Testing facilities. The City of Carl Junction 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 of Carl Junction may contract for the required alcohol testing
or may perform the testing using qualified City of Carl Junction personnel
who utilize appropriate testing equipment.
2. Collection facilities. The City of Carl Junction
shall secure a contract with an appropriate collection facility to
conduct the controlled substance and alcohol testing analysis and
reporting required under this policy and under the Federal regulations
in conformity with the standards established under the Federal regulations.
[Ord. No. 98-12, 4-7-1998]
A. Violations
of the personnel policy of the City of Carl Junction shall be punishable
as follows:
1. Verbal warning. Department heads or their designees
may administer a verbal warning for misconduct noting the date and
fact of the warning in writing, which may remain the basis for a written
warning for a period of six (6) months.
2. Written warning. After an employee has received
a verbal warning the department head or his/her designee shall issue
a written warning of misconduct and the written warning shall remain
in the employee's file for one (1) year. If there are no further violations
of the policy the warning shall be removed.
3. Suspension and final warning. If an employee violates
a personnel policy while a written warning is in his/her file, he/she
shall be immediately suspended for three (3) days without pay or be
terminated at the discretion of the Mayor.
4. The foregoing notwithstanding, violations involving employee dishonesty,
use of drugs or use of drugs or alcohol during working hours or other
behavior, which in the sole discretion of the Mayor, is outrageous
or shocks the conscience, may result in suspension or discharge without
warnings.