[1]
Editor's Note: The Personnel Manual for the employees of the
City of Pierce City is on file in the City Clerk's office.
[R.O. 2012 §117.010; CC 2007 §125.010; CC 1979
§23.010]
Each employee receiving an appointment or a promotion to a position
in the service of the City must serve a probationary period of ninety
(90) days before his/her appointment or promotion shall be considered
permanent. During the employee's ninety (90) day probationary period,
the employee's work habits, abilities, attitude, promptness and other
pertinent characteristics will be observed and evaluated by his/her
supervisor, department head or other appropriate City Officials. If
the probationary employee fails to meet required standards of performance,
he/she is to be dismissed, or if he/she is a promoted regular employee,
he/she may be restored to the position from which he/she was promoted
or to a comparable position. During the probationary period, the employee
is not eligible for fringe benefits, such as sick leave and vacation,
but will earn credit for those to be taken at a later date. Wages
for designated holidays falling within the probationary period will
be paid to probationary employees.
[R.O. 2012 §117.020; CC 2007 §125.020; CC 1979
§23.020]
If, at any time during the probationary period, the supervisor
determines that the services of a City employee have been unsatisfactory,
the employee may be separated from his/her position.
[R.O. 2012 §117.030; CC 2007 §125.030; CC 1979
§23.030]
At the end of an employee's probationary period, if there is
reason to believe that the employee may develop the ability to perform
satisfactorily by an extension of the probation period, the department
head may grant an extension, not to exceed sixty (60) days.
[R.O. 2012 §117.040; CC 2007 §125.040; CC 1979
§23.040]
A.
At the end of each employee's ninety (90) day probationary period or extension granted under the authority of Section 117.030, the supervisor of the employee shall complete a probationary report and notify the Mayor in writing that either:
1.
The employee has successfully completed his/her probationary period
and is capable of performing the duties of the position satisfactorily
and is henceforth to be considered a regular employee with all rights
and privileges due him/her; or
2.
The employee has not demonstrated ability to perform satisfactorily
the duties of the position and is to be separated from City Government
or, if promoted from another position, returned to the previous or
a similar position.
[R.O. 2012 §117.050; CC 2007 §125.050; CC 1979
§23.050]
[R.O. 2012 §117.060; CC 2007 §125.060; CC 1979
§23.060]
The minimum age for employment as a probationary employee shall
be eighteen (18) years of age, unless the Mayor shall in writing waive
the requirement. The minimum age for employment of seasonal employees
shall be sixteen (16) years of age.
[R.O. 2012 §117.070; CC 2007 §125.070; CC 1979
§23.070]
Employees of the City need not reside within the City.
[R.O. 2012 §117.080; CC 2007 §125.080; CC 1979
§23.080]
All vacancies occurring in the service of the City shall, whenever
possible, be filled by promotion of a qualified employee within the
City service. However, the Mayor may authorize the recruitment of
applicants from outside the City service whenever he/she has reason
to believe that better qualified applicants are available than within
the City service. Promotion within the City service shall be based
on the qualifications and seniority of the person being appointed.
Usually, the first (1st) consideration in filling of vacancies will
be given to the most qualified senior applicant in the department
in which the vacancy exists. Next, consideration will be given to
the most qualified senior applicant from outside the department. If
no acceptable applicant is found within the City service, the vacancy
will be filled from outside the City service. The criteria used in
the selection of the most qualified senior applicant shall be based
upon experience, performance, evaluation and, where feasible, examination.
[R.O. 2012 §117.090; CC 2007 §125.090; CC 1979
§23.090]
Two (2) members of an immediate family shall not be employed
under the same supervisor; neither shall two (2) members of an immediate
family be employed at the same time, regardless of the administrative
department, if such employment will result in an employee supervising
a member of his/her immediate family. "Immediate family" is defined as wife, husband, mother, father, brother, sister, son,
daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law,
grandparents, grandchildren, stepmother, stepfather, stepchild, brother-in-law,
sister-in-law, uncle and aunt, provided that no present employee shall
be discharged because of a violation of this Section.
[R.O. 2012 §117.100; CC 2007 §125.100; CC 1979
§23.100]
City employees shall not be appointed or retained on the basis
of their political activity. City employees shall not be coerced to
take part in political campaigns, to solicit votes, to levy, contribute
or solicit funds or support for the purpose of supporting or opposing
the appointment or election of candidates for any municipal office.
[R.O. 2012 §117.110; CC 2007 §125.110; CC 1979
§23.110]
No City employee shall actively advocate or oppose the candidacy
of an individual for nomination or election to any municipal office,
but an employee may participate in political affairs at other levels
of government, provided such participation does not adversely affect
his/her performance as a City employee.
[R.O. 2012 §117.120; CC 2007 §125.120; CC 1979
§23.120]
Failure to comply with the requirements of Sections 117.100 and 117.110 shall be grounds for immediate dismissal. Any person who attempts to coerce or does coerce any City employee to take part in activity prohibited by Sections 117.100 and 117.110 may be punished as provided in Section 100.220 of this Code.
[R.O. 2012 §117.130; CC 2007 §125.130; CC 1979
§23.130]
No full-time employee of the City shall accept outside employment,
whether part-time, temporary or permanent, without prior written approval
from the Mayor. Each change in outside employment shall require separate
approval. Approval shall not be granted when such outside employment
conflicts or interferes, or is likely to conflict or interfere, with
the employee's municipal service. Such approval, however, shall not
be arbitrarily withheld. Employees may not engage in any private business
or activity while on duty. No employee shall engage in or accept private
employment or render any service for private interest when such employment
or service is incompatible or creates a conflict of interest with
his/her official duties.
[R.O. 2012 §117.140; CC 2007 §125.140; CC 1979
§23.140]
It shall be the duty of each employee to maintain high standards
of conduct, cooperation, efficiency and economy in their work for
the City. Whenever work habits, attitude, production or personal conduct
of any employee falls below a desirable standard, supervisors should
point out the deficiencies at the time they are observed. Corrections
and suggestions should be presented in a constructive and helpful
manner in an effort to elicit the cooperation and good will of the
employee. Whenever possible, oral and/or written warnings with sufficient
time for improvement shall precede formal discipline.
[Ord. No. 21-4, 7-12-2021]
A.
Seat
Belts. The City does hereby require that each of its employees and
contractors, while on official business of the City, while either
operating or occupying a motor vehicle equipped with safety belts
or otherwise required by Federal regulations to have safety belts,
to have an occupant safety belt properly fastened at all times when
the vehicle is in motion.
B.
Training.
The City shall annually conduct a drive awareness training program
for all new employees and for all employees who routinely might be
expected to use a particular class of motor vehicles as part of that
employee's official work assignments. Such driver training shall include
a minimum, topics addressing vehicle familiarization, including the
use of vehicle safety systems; the use of safety belts and, where
appropriate, the use of motorcycle helmets; and the affects of alcohol
and other drugs on driver performance. Employees shall be required
annually to sign a statement indicating that they are aware of the
City's policies regarding safety equipment and drug and alcohol use.
C.
Penalties.
Any employee failing to use a seat belt shall face the following penalties:
[Ord. No. 21-5, 7-12-2021]
A.
Text
messaging and using any handheld device while operating a motor vehicle
while working for the City of Pierce City is prohibited as follows:
1.
Except as otherwise provided in this Section, no person operating
a moving motor vehicle upon any street or highway within the City
shall, by means of a handheld electronic wireless communications device,
send, read or write a text messages or electronic message.
2.
Except as otherwise provided in this Section, no person shall operate
a commercial motor vehicle while using a handheld mobile telephone.
3.
Except as otherwise provided in this Section, no person shall operate
a commercial motor vehicle while using a wireless communications device
to send, read or write a text message or electronic message.
4.
5.
ELECTRONIC MESSAGE
HANDHELD ELECTRONIC COMMUNICATION DEVICE
SEND, READ OR WRITE A TEXT MESSAGE OR ELECTRONIC MESSAGE
The following words, terms and phrases, when used in this Section,
shall have the meanings ascribed to them in this Subsection, except
where the context clearly indicates a different meaning:
A self-contained piece of digital communication that is designed
or intended to be transmitted between handheld electronic wireless
communication devices. The term "electronic message," includes, but
is not limited to, electronic mail, a text message, an instant message
or a command or request to access an internet site.
Any handheld cellular phone, Palm Pilot, Blackberry or other
mobile electronic device used to communicate verbally or by text or
electronic messaging, but shall not apply to any device that is permanently
embedding into the architecture and design of the motor vehicle.
Using a handheld electronic wireless telecommunications device
to manually communicate with any person by using an electronic message.
Sending, reading or writing a text message or electronic message does
not include reading, selecting or entering a phone number or name
into a handheld electronic wireless communications device for the
purpose of making a telephone call.
6.
The provisions of this Section shall not apply to:
a.
The operator of a vehicle that is lawfully parked or stopped;
c.
The use of factory-installed or aftermarket global positioning system
(GPS) or wireless communication devices used to transmit or receive
data as part of a digital dispatch system;
d.
The use of voice-operated technology;
e.
The use of two-way radio transmitters or receivers by a licensee
of the Federal Communication Commission in the Amateur Radio Service.
B.
Penalties.
Any employee using text messaging and using a hand held mobile device
while operating a motor vehicle shall face the following penalties:
[R.O. 2012 §117.150; CC 2007 §125.150; CC 1979
§23.150; Ord. No. 3999 §1, 4-11-1983]
It shall be the duty of all City employees to comply with and
to assist in carrying into effect the provisions of the City's personnel
rules and regulations. Discipline policy and grievance policy of the
City shall be governed by the provisions of the Revised Statutes of
the State of Missouri.
[R.O. 2012 §117.160; CC 2007 §125.160; CC 1979
§23.180; Ord. No. 4197 §§1
— 2, 12-13-1993; Ord. No. 06-4 §1, 1-30-2006; Ord. No. 06-5 §§1 — 2, 2-13-2006; Ord. No. 07-1 §§1 — 2, 12-10-2007; Ord. No. 13-6 §1, 11-11-2013]
A.
All
regular employees of the City shall receive normal compensation for
the legal holidays listed below and any other days or part of a day
during which the public offices of the City shall be closed by special
proclamation of the Mayor with approval of the Board. Probationary
employees shall be considered for purposes of this Section to be regular
employees. Legal holidays to be observed are:
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New Year's Day
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January 1
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Martin Luther King Day
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Third (3rd) Monday in January
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Washington's Birthday
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Third (3rd) Monday in February
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Memorial Day
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Last Monday in May
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Independence Day
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July 4
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Labor Day
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First (1st) Monday in September
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Veterans Day
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November 11
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Thanksgiving Day
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Last Thursday of November
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The day after Thanksgiving
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Fourth (4th) Friday of November
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Christmas Eve Day
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December 24
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Christmas Day
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December 25
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B.
It
shall be the policy of the City to insure that all regular employees
enjoy the same number of holidays each year. The standard shall be
the number of holidays in a particular year which will be celebrated
by employees working a forty (40) hour week, 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. For regular
employees whose workweek is other than Monday through Friday, the
department head shall designate the work day that shall be observed.
1.
An employee absent without authorized leave on the day preceding
and/or the day following a holiday shall not receive regular compensation
for the holiday.
2.
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 or, at the option of the Board of Aldermen, he/she may be compensated
at the City's approved rate for his/her service on the regularly scheduled
holiday.
[R.O. 2012 §117.170; CC 2007 §125.170; CC 1979
§23.190; Ord. No. 4197 §§1,
3, 12-13-1993; Ord. No.
11-2 §1, 2-15-2011; Ord. No. 11-5 §1, 9-27-2011; Ord. No. 19-6, 10-14-2019]
A.
Every
regular employee in the City service having occupied such position
for a period of twelve (12) consecutive calendar months shall be allowed
forty (40) hours annual vacation leave with pay. Employees with up
to two (2) years of consecutive service shall be granted forty (40)
hours of vacation. Employees having completed three (3) years of consecutive
year through four (4) consecutive years of service shall be granted
eighty (80) hours of vacation. Employees having completed five (5)
years through nine (9) years consecutive service shall be granted
one hundred twenty (120) hours of vacation and employees having completed
ten (10) years of consecutive serves shall be granted one hundred
sixty (160) hours of vacation.
1.
Vacation accrual and usage dates shall be the employee's hire date
with the first forty (40) hours accruing on their one (1) year anniversary.
2.
Up to forty (40) hours vacation leave credit may be carried over
from one year to the next. The carry over shall not exceed forty (40)
hours.
3.
A leave request must be filled out, approved by the department head
and given to the City Clerk at least five (5) days in advance of any
vacation leave being taken. In the event of an emergency or upon a
showing of good cause as determined by the Mayor, the five (5) day
notice may be waived.
4.
When a regularly scheduled holiday occurs during the period of the
employee's vacation, the holiday hours shall be paid before use of
vacation time.
5.
An employee cannot take more than two (2) consecutive weeks of vacation
unless approved by the Mayor and department head in advance.
6.
Vacation hours must be used in an allotment of four (4), eight (8)
or twelve (12) hours.
[R.O. 2012 §117.180; CC 2007 §125.180; CC 1979
§23.200; Ord. No. 4197 §§1,4, 12-13-1993; Ord. No. 13-5 §1, 11-11-2013]
A.
All
regular City employees shall receive twelve (12) sick days per year
(January — December). A full-time employee will become eligible
for sick leave after successfully completing his/her probationary
period. If hired after May thirty-first (31st), an employee will only
be eligible for six (6) sick days until the end of the calendar year
after completing probationary period.
2.
Employees can accumulate up to thirty (30) sick days, any sick days
over thirty (30) the employee shall receive three percent (3%) of
base salary for each unused day. Payment for these days shall be on
January first (1st) of the following year.
3.
Sick leave may be used only if used for one (1) of the reasons set forth in Subsection (1) above and if approved by the employee's department head and/or by the Mayor.
4.
A leave request must be filled out and approved by the employee's
department head prior to taking a vacation day and immediately upon
return from a sick day. Pay will not be received unless such request
is completed and returned to the City Clerk.
5.
All records of vacation days and sick days will be kept by the City
Clerk. The Clerk's records will be considered the only official record
of vacation days and sick days used or unused by each employee.
6.
All requests for vacation days and/or sick days made by the City
Clerk are to be approved by the Mayor or Acting President of the Board
of Aldermen.
7.
All employees who are unable to report for work because of one (1)
of the listed reasons shall report the reason for his/her absence
to the department head and to the City office within one (1) hour
before he/she is expected to report. In all cases, sick leave with
pay in excess of three (3) working days shall be allowed only after
presenting a written statement by a physician certifying that the
employee's condition prevented him/her from appearing for work. Any
employee who has been absent from work due to illness of three (3)
consecutive days must have a doctor's return to work release, or he/she
will not be allowed to return to work.
8.
Any employee terminating employment with the City, for any reason,
shall not be allowed the use of sick days two (2) weeks prior to the
last day of said employee's employment. Unused sick days will not
be compensated for in any way at the time of termination of the employee's
service.
9.
The abuse of sick days shall constitute grounds for dismissal of
any City employee.
10.
In the event an employee has used all of the sick days to which he/she
is entitled and said employee still needs time off by reason of sickness,
further time off in the form of an unpaid leave of absence may be
granted at the discretion of the Board of Aldermen, upon request of
the effected employee.
Military leave shall be granted in accordance with State and
Federal law.
[R.O. 2012 §117.200; CC 2007 §125.200; CC 1979
§23.230]
The Mayor, with the consent of the Board of Aldermen, may authorize
special leaves of absences, 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 may share in up to one
hundred percent (100%) of the tuition costs if the course is completed
successfully. However, if the City shares in the cost, the employee
must remain in the City service for one (1) month for each hour of
course credit after completion of the course. If the employee fails
in this obligation, the City's portion of the tuition will be deducted
from the employee's last pay check. In the event that the course is
not based on credit hours, the employee's required length of stay
after completion of the course should be determined by the employee
and the Mayor before the course begins.
[R.O. 2012 §117.210; CC 2007 §125.210; CC 1979
§23.240]
An employee may be granted three (3) working days leave as needed
in the event of the death of his/her spouse, child, mother, father,
sister, brother, mother-in-law, father-in-law, grandmother or grandfather.
Such leave shall not be deducted from either sick leave or vacation
leave. An employee shall be compensated for the funeral leave.
[R.O. 2012 §117.220; CC 2007 §125.220; CC 1979
§23.250]
An employee may be granted leave with pay when required to be
absent from work for jury duty or as a trial witness. Compensation
for such leave shall be limited to the difference between pay received
for this service and normal duty pay.
[R.O. 2012 §117.230; CC 2007 §125.230; CC 1979
§23.260]
A.
A regular
employee who is temporarily disabled in the line of duty shall receive
pay equal to the difference between the amount received from Workers'
Compensation benefits and his/her normal salary amount for the period
of his/her disability without charge against his/her vacation or sick
leave, subject to the following conditions:
1.
Provided that the disability resulted from an injury or illness sustained
directly in the performance of the employee's work, as provided in
the State Workers' Compensation Act.
2.
If incapacitated for his/her regular assignment, the employee may
be given other duties with the City Government for the period of recuperation.
Unwillingness to accept such an assignment as directed by his/her
department head or supervisor will make the employee ineligible for
disability leave during the time involved.
3.
A physician selected or approved by the City shall determine the
physical ability of the employee to continue working or to return
to work.
4.
Disability leave shall not exceed sixty (60) working days for any
one (1) injury.
[R.O. 2012 §117.240; CC 2007 §125.240; CC 1979
§23.280]
The provisions of this Chapter shall not apply to members of the Police Department to the extent that the personnel policies of that department (Chapter 200 entitled "Police Department") conflict with this Chapter.
[R.O. 2012 §117.250; CC 2007 §125.250; Ord. No. 97-6 §1, 9-8-1997]
A.
In
order to provide City employees with a safe, drug-free workplace and
to promote high standards of employee health, to carry out the City's
basic responsibilities to serve the public's safety, to establish
a drug-free awareness program for City employees and to comply with
Federal laws, rules and regulations, the following Article is hereby
enacted:
1.
The unlawful manufacture, distribution, dispensation and possession
and/or use of a controlled substance is prohibited while in a City
facility or City vehicle or while performing City business.
2.
The unlawful manufacture, distribution, dispensation, possession
or use of any controlled substance by City employees is prohibited.
3.
The unlawful manufacture, dispensation, possession or use of illegal
drug paraphernalia is prohibited.
4.
The unauthorized use, possession or sale of alcohol while on City
premises, while on City business, while operating or riding as a passenger
in a City-supplied vehicle or at any time while on duty is prohibited.
5.
Any use of alcohol while off duty or off City premises that adversely
affects an employee's ability to perform his/her job or his/her own
or other's safety at work is prohibited.
6.
Being under the influence of unauthorized alcohol or an illegal controlled
substance while operating or riding as a passenger in City-supplied
vehicles or while on duty is prohibited. "Being under the
influence of alcohol" is defined as a blood alcohol content
of four-tenths of one percent (0.04%) or more. Being under the influence
of any controlled substance listed under 21 C.F.R. Section 1308.11
through 1308.15 "Schedules of Controlled Substances" shall mean testing positive at a level to be set by the City. Testing
levels utilized by the City shall be applied in a uniform and non-discriminatory
manner.
7.
Storing any illegal controlled substance or any illegal drug paraphernalia
or unauthorized alcohol in a locker, desk, vehicle or other repository
on City premises is prohibited.
[R.O. 2012 §117.260; CC 2007 §125.260; Ord. No. 97-6 §2, 9-8-1997]
Any employee convicted under any criminal drug Statute for a
violation occurring in the workplace must notify City Officials no
later than five (5) days after such conviction.
[R.O. 2012 §117.270; CC 2007 §125.270; Ord. No. 97-6 §3, 9-8-1997]
[R.O. 2012 §117.290; CC 2007 §125.290; Ord. No. 97-6 §5, 9-8-1997]
A.
To
further educate its employees, the City hereby establishes an on-going
drug-free awareness program to inform employees about:
[R.O. 2012 §117.300; CC 2007 §125.300; Ord. No. 97-6 §6, 9-8-1997]
All employees are responsible for abiding by this Article as
a condition of their employment.
[R.O. 2012 §117.310; CC 2007 §125.310; Ord. No. 97-6 §7, 9-8-1997]
Compliance with this drug-free workplace policy is a condition
of employment. Employee shall be given a copy of this Article and
shall be asked to sign a statement acknowledging receipt of it and
evidencing their willingness to comply with it.
[R.O. 2012 §117.320; CC 2007 §125.320; Ord. No. 97-6 §8, 9-8-1997]
Employees shall submit to inspection, including, but not limited
to, searches of their person and drug testing whether by urine test,
blood test, breathalyzer tests or otherwise, as specified by this
Article when requested by supervisory personnel.
[R.O. 2012 §117.330; CC 2007 §125.330; Ord. No. 97-6 §9, 9-8-1997]
Employees shall comply with the City's Alcohol and Controlled
Substance Testing Policy.
[R.O. 2012 §117.340; CC 2007 §125.340; Ord. No. 97-6 §10, 9-8-1997]
Employees must satisfactorily participate in any drug or alcohol
treatment or counseling program required by the City pursuant to the
provisions of the Article.
[R.O. 2012 §117.350; CC 2007 §125.350; Ord. No. 97-6 §11, 9-8-1997]
Employees must report to their supervisor concerning the use
of any drug that alters the employee's ability to safely perform the
essential functions of their position.
[R.O. 2012 §117.360; CC 2007 §125.360; Ord. No. 97-6 §12, 9-8-1997]
[R.O. 2012 §117.370; CC 2007 §125.370; Ord. No. 97-6 §13, 9-8-1997]
A.
All
employees shall agree in writing to allow the inspections/tests described
below under the conditions described below as a condition of their
employment.
1.
Whenever the City suspects an employee's work performance or on-the-job
behavior has been affected in any way by alcohol or a controlled substance,
the City may search the employee, the employee's locker, desk or other
City's property under the control of the employee as well as the employee's
personal effects or vehicle on City property.
2.
Whenever the City suspects an employee has sold, purchased, used
or possessed alcohol, a controlled substance or illegal drug paraphernalia
on City premises, the City may inspect the employee, the employee's
locker, desk or other City property under the control of the employee,
as well as the employee's personal effects or vehicle on City's property.
3.
The City will prominently post on all employee bulletin boards the
following notice:
The City or its duly authorized agents reserve the right to
inspect the property and person of any individual or vehicle on the
City property and to conduct tests as provided in the City's Alcohol
and Controlled Substance Testing Policy. This right includes, but
is not limited to, the inspection of parcels, packages, purses, lunch
boxes, briefcases, lockers, work stations and desks.
4.
All inspections under this Subsection must be authorized by the Board
of Aldermen and may only be conducted by persons authorized by the
Board of Aldermen.
[R.O. 2012 §117.380; CC 2007 §125.380; Ord. No. 97-6 §14, 9-8-1997]
A.
All
supervisors are responsible for being alert to possible violations
of this policy by employees under their supervision.
1.
Any violation or suspected violation of this policy should be reported
to the supervisor of the employee involved in any violation or suspected
violation of this policy.
2.
The Board of Aldermen will oversee the overall application of this
policy.
3.
The Board of Aldermen will notify Federal agencies that contract
with or grant the City within ten (10) days after receiving notice
of an employee's conviction under any criminal Statute for a violation
occurring in the workplace.
