[R.O. 2008 §100.150; Ord. No. 4882 §1, 5-14-1990; Ord. No. 7074 §§1 — 2, 12-22-2008]
A. The
City of Maryville, Missouri, strives to ensure that all programs it
undertakes are established in a manner by which all residents of the
City have an equal opportunity to participate in such programs, regardless
of the such residents disability, as defined within the Americans
with Disabilities Act (hereinafter, "ADA").
B. Any
Maryville resident who believes that they have been discriminated
against because of handicapped status under the ADA (hereinafter,
"Claimant") shall have a right to file a written grievance.
C. The
Grievance Procedure of the City of Maryville, Missouri, shall be as
follows:
1. If any claimant feels he or she has been discriminated against by
the City of Maryville under the ADA (hereinafter, the "Discriminatory
Act"), the claimant shall immediately deliver to the City Manager's
office claimant's written discrimination grievance stating the following:
a. Claimant's full name, address and telephone number.
b. The department name and the location in which it is alleged that
the Discriminatory Act occurred.
c. A description of the Discriminatory Act, the date or dates of the
Discriminatory Act(s), and the name or names of the City employees
who claimant believes acted in a discriminatory manner.
d. The nature of the claimant's handicap and how such handicap affects
claimant.
e. Other information that claimant believes necessary to support their
grievance.
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Grievances made which do not include the necessary information
shall be returned to the claimant for further information. No action
shall occur until a fully-completed grievance has been received.
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Within twenty (20) working days following the receipt of the
written grievance described above, the City Manager shall investigate
the factual basis, if any, for the grievance and shall hold a meeting
with the claimant. Within ten (10) working days after such meeting,
the City Manager shall notify claimant of the decision as to whether
such grievance is valid and, if so, what corrective action will be
done by the City. If the City Manager does not believe the grievance
has merit, the claimant shall be so advised and, if so, will be advised
why such a decision was made.
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2. If satisfaction is not achieved by the above procedure or notification
is not mailed within ten (10) working days from the date of the meeting
with the City Manager, the claimant may then present the grievance
to the City Council. A written appeal must be made to the City Council
within forty-five (45) calendar days from the date of the meeting,
whether a notification is received from the City Manager or not. The
hearing will be conducted in an informal manner and the City Council
shall make every effort to avoid the appearance of conducting a trial
in a court of law. The written grievance appeal shall state the following:
a. The name, address and phone number of the claimant;
b. Why the claimant believes that the decision of the City Manager in
denying the grievance, or why the corrective action to be taken, is
incorrect.
3. No later than ten (10) working days after receipt of the written
appeal, the City Council shall fix a time and place for convening
a hearing. Within forty-eight (48) hours after the hearing, findings
and recommendations will be submitted in writing to the claimant.
4. Claimant's failure to attend or notify the City Council of his/her
inability to attend will constitute just cause for dismissal of the
grievance. In order to be effective, the inability to attend the hearing
must be communicated by the claimant to the City Clerk and must be
no later than twenty-four (24) hours prior to the hearing.
5. No portion of this grievance procedure is intended to award compensation
to any claimant for any alleged Discriminatory Act, but rather is
solely intended to allow a means of curing by corrective action a
situation that is occurring within a City department.
D. Issues Regarding Employees. The City of Maryville will not
discriminate in the hiring, promotion, disciplining or removal of
any City employee on the basis of handicapped status. The City of
Maryville has adopted an Employee Handbook, Grievance Procedure, Ordinance
No. 7058, which is on file in the City Clerk's office and made a part
hereof and is hereby adopted as the official grievance procedure for
employees of the City of Maryville, Missouri.
[R.O. 2008 §100.160; Ord. No. 5283 §1, 2-27-1995; Ord. No. 6415 §1, 10-22-2001]
Pursuant to Section 570.120.6., RSMo., the City of Maryville,
Missouri, is hereby authorized and directed to collect a reasonable
service charge in the amount of twenty-five dollars ($25.00) per check
from the party issuing any insufficient funds, closed account, stop
payment or other bad check. Upon receipt, said funds shall be deposited
in the fund for which collected.
[R.O. 2008 §100.170; Ord. No. 5173 §1, 11-8-1993; Ord. No. 6874 §§1 — 2, 10-23-2006]
The Council of the City of Maryville, Missouri, hereby adopts
the Loss Prevention and Safety Policy Statement. A copy of said Loss
Prevention and Safety Policy Statement shall be and is hereby incorporated
by reference as though fully set out herein and is on file in the
office of the City Clerk.
[R.O. 2008 §100.180; Ord. No. 5370 §§1 — 19, 1-8-1996]
The Council of the City of Maryville, Missouri, hereby adopts
the Drug and Alcohol Testing Policy for Municipal Employees. A copy
of said Drug and Alcohol Testing Policy for Municipal Employees shall
be and is hereby incorporated by reference as though fully set out
herein and is on file in the office of the City Clerk.
[R.O. 2008 §210.150; Ord. No. 4944 §1, 12-10-1990]
A. Whenever
in the judgment of the Mayor, a state of civil emergency exists as
a result of mob action, riots, general civil disobedience or disorder,
or the threat of any of the same shall exist, the Mayor shall, in
addition to all other powers granted him/her by the laws of this State
and the ordinances of the City, be empowered in order to suppress
such actions and preserve the peace and order of the City and to protect
its citizens and their property, to issue a proclamation declaring
a state of civil emergency to exist, and may thereby exercise the
powers granted in the following Subsections:
1. To impose a curfew upon all or any portion of the City as designated
therein as he/she may deem advisable during such hours of the day
or night as he/she determines necessary in the interest of the public
safety and welfare, and during which all persons shall remove themselves
to their place of residence and remain off and away from the public
streets, sidewalks, parkways, parks, and all other public or open
places, and no persons shall assemble, gather, loiter or otherwise
congregate in any manner in groups, assemblies or meetings in any
place for any purpose whatsoever; provided however, that persons performing
medical services, essential public utility services, public officials,
Public Safety Officers and all other persons exclusively enumerated
in such proclamation may be exempted from curfew;
2. To order the closing of any and all business establishments throughout
the City or any portion thereof for which the state of emergency exists
or during the curfew hours;
3. To order discontinuance of selling, distributing, dispensing, or
giving away of any firearms or other weapons of any character, whatsoever;
4. To order the closing of any or all establishments or portions thereof,
the chief activity of which is the sale, distribution, dispensing
or giving away [of] firearms or ammunition or other weapons of any
character whatsoever;
5. To order the closing of all retail and wholesale liquor stores, taverns
and other places dispensing, serving or permitting the consumption
of intoxicating liquor or non-intoxicating beer;
6. To order the discontinuance of the sale, distribution or giving away
of intoxicating or non-intoxicating liquors;
7. To order the closing of all private clubs or portions thereof wherein
the consumption of intoxicating liquor or non-intoxicating beer is
permitted;
8. To order the discontinuance of selling, distributing or giving away
gasoline or other liquid flammable or combustible products in any
container other than a gasoline tank properly affixed to a motor vehicle;
9. To order the closing of gasoline stations and other establishments,
the chief activity of which is the sale, distribution or dispensing
of gasoline or other liquid flammable or combustible products;
10. To designate any public place, public street, thoroughfare, boulevard,
parking area and any other place closed to motor vehicles, persons
and pedestrian traffic;
11. To order all regular, special and auxiliary Public Safety Officers
and other designated conservators of the peace to report for duty
assignment, such reporting to be in accordance with prearranged plan
or under the direction of lawful authority.
B. Any
such proclamation of a state of emergency shall become immediately
effective upon its execution and the issuance by the Mayor, and the
original thereof shall be filed and remain in the office of the City
Clerk.
C. The
proclamation issued in accordance with the provisions of this Section
shall remain in effect continuously from the date and time of the
issuance thereof, for such a period of time as specifically prescribed
therein or upon the issuance of a proclamation determining a civil
emergency no longer exists, whichever occurs first.
D. It
shall be an ordinance violation for any person to fail, neglect or
refuse to comply with the orders made or prohibitions instituted by
a proclamation issued under the provisions of this Section, or for
any person who otherwise violates or in any manner aids, assists,
encourages or accountenances the commission or perpetration of a violation
of said proclamation. For the purpose of the prosecution of any person
for the violation of this Section, a copy of the proclamation of the
Mayor certified by the City Clerk to be a true and correct copy thereof
shall be deemed to constitute a prima facie evidence that such proclamation
was duly issued by the Mayor on the date and at the time set forth
therein pursuant to the authority contained in this Section.
[Ord. No. 7216 §1, 6-14-2010]
A. Pursuant to Chapter 43, Section 43.535, RSMo., to regulate State
and national background checks.
1.
An applicant seeking to engage in obtaining a new liquor license,
solicitors and canvassers, peddlers, and itinerant merchants'
permits, new taxicab and other vehicles for hire permits, shall submit,
if required, two sets of his or her fingerprints, taken by a local
law enforcement agency, to the Missouri State Highway Patrol, Criminal
Records and Identification Division, along with the appropriate fees.
2.
Upon receipt of the fingerprints and the appropriate fees, the
City of Maryville, Public Safety Department, will transmit both sets
of fingerprints and the appropriate fees to the Missouri State Highway
Patrol, Criminal Records and Identification Division. The Missouri
State Highway Patrol, Criminal Records and Identification Division,
will compare the subject's fingerprints against its criminal
files and, if no disqualifying conduct is found therein or, if necessary,
submit the fingerprints to the Federal Bureau of Investigation for
a comparison with nationwide records. The results of the Federal Bureau
of Investigation check will be returned to the Missouri State Highway
Patrol, Criminal Records and Identification Division, which will disseminate
the State and national results to the Public Safety Department.
3.
Fees charged by the State and national agencies shall be determined
by the agency performing the criminal background checks.
4.
Upon receipt of the result, the Director of Public Safety shall
render a fitness determination based upon the results of the criminal
background check and communicate its recommendation for a fitness
determination.
5.
In rendering fitness determination, the Director of Public Safety
will decide whether the record subject has been convicted of or is
pending indictment for a crime which bears upon his/her ability or
fitness to serve in that capacity or if any felony or misdemeanor
which involved force or threat of force, controlled substances, or
was a sex-related offense; or enumerated disqualifies. Upon an applicant
being denied approval, the City Clerk shall report to the City Manager
the findings.
6.
Upon a formal request made by completion of the City's
record request form, the record subject may request and receive a
copy of his/her criminal history record information from the Department
of Public Safety. Should the record subject seek to amend or correct
his/her record, he/she must contact the Missouri State Highway Patrol,
Criminal Records and Identification Division, for a Missouri State
record or the Federal Bureau of Investigation for records from other
jurisdictions maintained in its file.