City of Salisbury, MO
Chariton County
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Table of Contents
Table of Contents
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
This Article is intended to serve as a guide to the City of Salisbury employment policies and practices and the benefits provided to all employees.
B. 
It is the purpose of this Article to establish and maintain a uniform set of standards, terms, policies, and conditions for managing personnel matters, benefits, and conditions of employment with the City of Salisbury, Missouri. The content of this Article is neither contractually binding upon the City of Salisbury nor restrictive in terms of amendment or interpretation by the City of Salisbury.
C. 
The policies and procedures are subject to change in accordance with Federal, State and local laws or the actions of the Board of Aldermen. The City will endeavor to make personnel policies and procedures that are fair and equitable, while assuring that the best interest of the City is served. Notification of any changes will be made available to all employees in a timely manner.
D. 
Employees are encouraged and expected to read and acquaint themselves fully with the content of this Article. Employees are also encouraged to make suggestions for improvements in the policies and procedures.
E. 
The City Clerk shall interpret the provisions of this Article when questions arise concerning the daily administration of these guidelines. The City Clerk may defer interpretation to the Board of Aldermen when the decision may result in a major policy adjustment.
F. 
A copy of this Article will be made available to all employees.
[Ord. No. 11-03-01 § 2, 3-10-2011]
As used in this Article, the following terms shall have the meanings indicated:
CLOSELY RELATED or RELATIVES
Includes husband, wife, child, brother, sister, first cousin, aunt, uncle, father, mother, grandmother, grandfather, mother-in-law, father-in-law, brother-in-law, sister-in-law, or legal guardian of the employee concerned. The same step relations shall be considered as members of the immediate family.
EMPLOYEE
Includes department heads, supervisors and all others paid a salary by the City.
PART-TIME EMPLOYEE
An employee who works less than the standard workweek of their department. Part-time employees are usually paid on an hourly basis and work an irregular schedule.
PERMANENT FULL-TIME EMPLOYEE
An employee working the full standard workweek of the department who has satisfactorily completed the sixty-calendar day probationary period.
PERMANENT PART-TIME EMPLOYEE
A part-time employee who has satisfactorily completed the probationary period and who works a regular schedule for more than nine (9) months of the year.
PROBATIONARY EMPLOYEE
A full-time employee who has not completed the probationary period of sixty (60) calendar days' satisfactory full-time employment.
TEMPORARY EMPLOYEE
An employee hired on an irregular, non-permanent or seasonal basis, usually for a specified period of time.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
All employees of the City of Salisbury are deemed "employees at will" and are free to resign and may be terminated at any time without reason.
B. 
The City of Salisbury reserves the right to employ the best qualified person available for all positions. Continuation of employment is based on the need for work to be performed, availability of revenue, effective job performance, personal conduct, and continued fitness of the employee for the position. While an employee is normally hired for a specific job or position, the City of Salisbury reserves the right to transfer employees from one (1) position to another. The Superintendent of City Services or the Mayor has the authority to suspend an employee until a meeting with the Board of Aldermen or Board of Public Works can be held to review the reason for the suspension.
[Ord. No. 11-03-01 § 2, 3-10-2011]
The City of Salisbury Board of Aldermen shall be the authority for establishing and enforcing the policies and procedures for the City of Salisbury. No changes will be made in the uniform set of standards, terms, policies, benefits or conditions of employment without being submitted and formally approved by the Board of Aldermen.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
The City of Salisbury is an equal opportunity employer. The City's relations with applicants for employment and with its employees are administered without regard to race, religion (belief or non-belief), sex, age, national origin, disability, citizenship, veteran status, or other classifications protected by applicable State or local laws. The City actively promotes this policy by conducting all employment transactions strictly on the basis of job-related qualifications.
B. 
This philosophy applies to all aspects of employment with the City, including recruiting, hiring, training, transfer, promotion, job benefits, pay, dismissal, educational assistance, and social and recreational activities.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
Applicants must complete an employment application without falsification.
B. 
Applicants must be willing to be photographed and fingerprinted.
C. 
The City may also require a background check, physical examination, and drug screening.
D. 
Employees must be at least eighteen (18) years of age, or sixteen (16) as part-time seasonal employees.
E. 
All employees must be willing to meet all applicable training requirements.
F. 
All employees must be willing to attend all meetings as required by the Superintendent of City Services and/or Mayor.
G. 
All employees must be willing to report to duty in case of an emergency.
H. 
All employees must sign that they have read, understand, and will abide by these regulations.
I. 
No person shall be entitled to be employed who is in arrears for City taxes.
[Ord. No. 11-03-01 § 2, 3-10-2011]
The City of Salisbury is committed to employing only United States citizens and aliens who are legal to work in the United States. In compliance with the Immigration Reform and Control Act, all new employees must complete the Employment Eligibility Verification Form I-9 and present two (2) documentations of employment eligibility and identification (i.e., driver's license, social security card).
[Ord. No. 11-03-01 § 2, 3-10-2011]
It is the policy of the City of Salisbury to ensure persons with a disability equal employment opportunity in accordance with the Americans with Disabilities Act (ADA)[1] and all other State, Federal, and local laws. The ADA defines "disability" as a person with a physical or mental impairment that substantially limits one (1) or more major life activities. A "qualified person" means an individual with a disability that, with or without reasonable accommodation, can perform the essential function of an employment position. The City of Salisbury ensures that reasonable accommodations will be made; in case of undue hardship, every available resource will be utilized in an attempt to make accommodations.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
It is the City of Salisbury's policy to maintain a working environment that is free from actual or perceived forms and types of harassment. This includes harassment directed toward any individual.
B. 
The types of harassment that are prohibited by this policy include, but are not limited to, unwelcome comments, acts, slurs, jokes, insults, derogatory epithets, publications, or other verbal or physical actions that have a tendency to degrade, demean, insult or harass any individual.
C. 
Sexual harassment is a violation of Section 703 of Title VII of the Civil Rights Act. Unwelcome propositions, repeated requests for dates, dirty jokes, sexually provocative pictures, and other verbal, physical and visual conduct of a sexual nature are prohibited. Such behavior may offend the recipient, cause discomfort or humiliation, and interfere with job performance. The harassment of a coworker by any employee may lead to disciplinary action, up to and including immediate termination in cases of gross or repeated misconduct.
D. 
Any employee who feels harassed has the right to file a charge with the Equal Employment Opportunity Commission and with the appropriate State agency. The City asks that the employee attempt to resolve the situation by first speaking with his or her supervisor. If the supervisor's response is not appropriate, the employee should speak with the next level of supervision, the City Clerk, the Board of Aldermen, or anyone else in management. It is the duty of management to listen to such complaints and to refer them to the appropriate authority.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
Policy Statement.
1. 
In our work environment, safety is the concern of everyone, including the safety of employees, customers and ultimate consumers of our City services. It is the policy of the City of Salisbury, Missouri, to provide safe, dependable, and economical services to its citizens and to provide safe working conditions for its employees, and to comply with the requirements of Federal law and regulations related to the Drug-Free Workplace Act of 1998[1] and the Omnibus Transportation Employee Testing Act of 1991. Employees' safety, health, on-the-job performance and their reputation, both in the community and in the industry, are important.
[1]
Editor's Note: See 41 U.S.C. § 8101 et seq.
2. 
The purpose of this policy is to deter substance abuse and to encourage employees to seek assistance on their own prior to City intervention or disciplinary action.
3. 
This policy is for the health and safety of all employees and consumers of City services. It is not the intent of this policy that substance abuse be used as a defense or excuse for otherwise inappropriate, inadequate, unacceptable or illegal conduct.
B. 
Purpose Of Policy. The purpose of this policy is as follows:
1. 
To establish and maintain a safe, healthy, working environment for all employees;
2. 
To reduce the number of injuries to persons and/or damage to property;
3. 
To encourage employees who suffer from substance abuse and its numerous effects on their lives and their families' lives to seek assistance prior to company intervention or disciplinary action;
4. 
To reduce absenteeism and tardiness and to improve productivity;
5. 
To ensure quality and excellence of City services;
6. 
To prevent the cost of health care insurance to the City and its employees from being adversely affected by employees suffering from the effect of or illnesses resulting from substance abuse; and
7. 
To ensure the reputation of the City and its employees within the community, with its customers and within the City service industry at large.
C. 
Policy. The following rules represent the City's policy concerning substance abuse. They will be enforced uniformly with respect to all employees, as indicated:
1. 
Testing positive for the presence of alcohol or illegal drugs or the possession, distribution, manufacture, sale or purchase of such while at work, while on City business or on City property is prohibited. Violations of this rule will, in most cases, subject the employee to termination for the first offense. As appropriate, such activities may be reported to Law Enforcement Officials.
2. 
It is an employee's responsibility to refrain from the use of alcohol or illegal drugs because it can affect employee health, safety, on-the-job performance and the community's confidence in the City's ability to meet its responsibilities. To the extent such use results in the presence of such drugs in the body fluids of any employee while at work, on City business or on City property, that employee will be in violation of this policy and subject to the procedures set forth herein.
3. 
As a condition of employment, any employee convicted under any criminal drug statute for any violation occurring on or off City property while conducting City business must advise the City within five (5) days of said conviction. (This requirement is mandated by the Drug-Free Workplace Act of 1998.)[2] Violation of this policy will result in disciplinary action up to and including termination.
[2]
Editor's Note: See 41 U.S.C. § 8101 et seq.
D. 
Definitions. As used in this policy and the attached tables:
CITY PROPERTY
Includes all property, facilities, land, parking areas, buildings, structures, automobiles, trucks and all other vehicles, whether owned, leased or used by the City.
ILLEGAL DRUGS
Includes, without limitation, narcotics, marijuana, hashish, heroin, hallucinogens, depressants, cocaine and the derivatives thereof, and any other controlled substance or medication which is not legally obtainable or which is legally obtainable but has not been legally obtained, such as prescription drugs obtained without a prescription or which are not used for prescribed purposes. All alcoholic beverage use shall constitute the same as "illegal drugs" and is included herein with identical stated procedures.
E. 
Voluntary Treatment.
1. 
Substance abuse is a problem, which is treatable. The City recognizes drug dependency/alcoholism as an illness and a major health problem. The City also recognizes drug/alcohol abuse as a potential health, safety and security problem. Employees needing help dealing with such problems are encouraged to use City-provided health services as appropriate. Employees suffering from this problem will be given the same consideration and offer of assistance as is presently extended to employees with other health problems. No employee who comes forward voluntarily and requests help in the substance abuse program recognized by the City will have his/her job security jeopardized, provided that the employee is not in violation of any other section of this policy or other City rules and regulations, and he/she has successfully completed the rehabilitation program and is able to return to work and maintain the required behavior and work performance. Upon successful completion of rehabilitation, the employee will be returned to the same or like job.
2. 
This section may not apply after the employee has been offered assistance one (1) time. Subsequent occurrence may, in most cases, result in termination.
3. 
All requests for assistance and other communications about this matter are personal medical information and will be held in the strictest confidence.
F. 
Screening. The City may, to the extent considered necessary for the safe and productive conduct of its business and the safety and health of its employees, perform drug screening. Such action will be taken when the City believes or reasonably suspects that there may be a drug-related problem that pertains to job performance, including, but not limited to, safety, productivity, quality or attendance. The City may determine whether an employee is in possession of, under the influence of or using illegal drugs and/or alcohol, or has the presence in his/her system of illegal drugs or alcohol while at work or on company property or company business.
1. 
Pre-Employment. All applicants for positions covered by this policy, as a condition of the application procedure, must agree to be screened for drugs at a medical services facility or other place acceptable to the City as determined by the City and available upon request to the City Clerk. This screening shall also apply to part-time employment. Future employment as defined shall be considered as if the application was for original entry into service for purposes of this policy. Receipt of satisfactory test results is required prior to commencement of employment and/or engaging in safety sensitive functions, and the failure of a controlled substance or alcohol test disqualifies an applicant from employment.
2. 
Incident On Duty. Any employee involved in an accident or safety-related incident affecting or which could have affected a person or property or resulting in a doctor treated incident while at work, or on City business or City property shall be subject to drug/alcohol screening. Failure or refusal to comply will result in immediate termination. If the results of the screening confirm that the employee tests positive for the presence of drugs/alcohol, he/she will be terminated.
3. 
Unfit/Questionable Condition. If an employee at work or on City business or City property is observed to be in an unfit condition (i.e., not capable of performing work in a normal, safe or productive manner), or if the odor of alcohol is present on or about the employee, he/she may be asked to submit to drug/alcohol screening. Failure or refusal to comply will result in termination. If the results of the screening confirm the presence of illegal drugs/alcohol, he/she may be subject to termination for the first offense or referred for appropriate assistance. Failure to comply with the referral procedure will result in termination of the employee. If the employee is referred for assistance instead of terminated, the employee, after successful completion of a rehabilitation program in the instance of the first occurrence, is entitled to his/her same or like job. Subsequent occurrences will result in termination.
4. 
Failure To Test. 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 relate to positive testing. Any employee ordered to test shall report immediately to the test site upon being ordered to submit to testing. No delay of any type may 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 relate to positive testing. 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.
G. 
Testing Procedure. Testing procedure must use the Department of Health and Human Services guidelines (DHHS). Laboratories must use DHHS levels and the test must be quantified.
1. 
Sampling. Samples of urine and/or saliva and/or hair and/or blood may be taken by a City doctor, nurse, hospital personnel or testing laboratory personnel.
2. 
Release. The employee must sign a release.
3. 
Tests.
a. 
Samples may be procured:
(1) 
For illegal drug screening, a hair or urinalysis will be utilized. The initial test will be immunoassay. If the immunoassay test results are negative, no further testing of the hair or urine sample will be required. However, if the immunoassay test results are positive, a second test, a gas chromatography/mass spectrometry (GC-MS) will be made for confirmation.
(2) 
For alcohol screening, a collection of a blood sample may be taken by the City doctor, nurse or authorized laboratory/medical personnel and sent to the testing laboratory for confirmation for the presence of alcohol; or, in the alternative, a Breathalyzer may be utilized. If the Breathalyzer is utilized, the City doctor, nurse or other company representative must escort the employee to the confirmation location where a certified Breath Alcohol Technician will administer a breath test using an evidential breath test device.
b. 
Test Results — Privacy/Confidentiality. Positive test results should be revealed to the employee only after they have been verified. These results are confidential medical information and must not be revealed or discussed with anyone except on an absolute need-to-know basis, and then only after the results have been confirmed. All employees will be notified of confirmed positive test results.
c. 
Testing will only be for the presence of drugs/alcohol and for no other purpose.
d. 
Employees who have confirmed positive test results may have said test rechecked at their own expense. Such action must be taken within forty-eight (48) hours of the employee's notification of the test result.
e. 
Employees may be suspended while awaiting the outcome of the tests(s). Should there be any questions of the employee's ability to get home safely, transportation will be provided. If an employee is suspended and the test proves negative and the individual is not in violation of any other part of this policy or any City ordinance or regulation, the individual will be reinstated with full pay and reimbursed for the reasonable cost of any retest.
H. 
Prescription Drugs. Prescription drugs are a cause for concern if they affect the ability of any employee to work safely. Employees taking a drug prescribed by a licensed physician must have the drug in its original container, which identifies the drug, dosage, and date of prescription, patient name and authorizing physician. In the case where there is possible work restriction(s) due to the prescribed drug (such as "may make drowsy" or "do not operate machinery or motor vehicles"), it is the responsibility of the employee to review that restriction with the City doctor, nurse or other authorized representative as specifically appointed by City administration. As long as these procedures are followed, the use of prescription drugs in accordance with the prescription shall not be cause for discipline pursuant to this policy. To the extent that procedures are not followed, nor responsibilities met, the use of the drug will be subject to this policy and potential discipline, or other action hereunder.
I. 
Investigation.
1. 
Searches.
a. 
The City shall have a right to conduct a search if there is reasonable suspicion to believe that a problem under or violation of this policy or any other company policy or rule, or illegal conduct has occurred, or for any other business purpose. A Police Officer or other law official may be requested to be present for any such search. The City or the employee may request such Police Officer or official to take fingerprints.
b. 
Search Areas. Desks, lockers, toolboxes, cabinets and drawers on City property, although available for employees, are the property of the City and may be searched. If the employee has placed a personal lock on any such lockers, toolbox, desk, cabinet, etc., he or she may be asked to remove it, or if the employee is not available, it may be removed by the City.
c. 
The City reserves the right to search all employees on City property. Employee property includes, without limitation, handbags, lunch boxes, toolboxes, briefcases, employees' or other employee property.
d. 
The City will place any contraband found into properly marked containers and transport it by police or other personnel authorized to be in possession of the substance during transport. Testing of the contraband will be by a recognized laboratory. Law Enforcement Agencies and the Board will be notified as appropriate.
J. 
Management Training. In addition to reassuring that Board members, supervisors, and managers become thoroughly familiar with the City's substance abuse policy, training will be provided to effectively implement this policy. Such training shall include, at a minimum, behavioral observation and substance abuse education, including characteristics and identification of substance abuse. It should include information on:
1. 
Policies relevant to work performance problems, substance abuse and the Employee Assistance Program (EAP);
2. 
How to recognize employees with possible problems;
3. 
Procedures for referring employees to EAP;
4. 
Role of key personnel, such as the medical review officer, supervisors, office staff and the EAP.
K. 
Communication Plan.
1. 
The policy and resultant rules must be communicated to employees, i.e., letters to employees' homes, bulletin board postings, oral briefings, and distribution of copies of policy and company newsletters.
2. 
Periodic awareness sessions, i.e., meetings, shall be held.
3. 
Because of the safety and health aspects of this policy, peer group pressure should assist in eliminating drug abuse.
4. 
This policy is made for the maximum safety and wellbeing of all employees, customers and other personnel. Your assistance and cooperation for the achievement of this goal is vitally important as the City intends to strive for increased awareness concerning the destructive nature of substance abuse.
5. 
The City of Salisbury regrets any inconvenience or problems that the policy may cause but believes that the overall benefit to the City of Salisbury and the employees makes it both necessary and helpful.
"FOR CAUSE" TESTING GUIDELINES
It is the goal of the City of Salisbury to provide a safe place to work for all employees. "For cause" testing shall be implemented as follows:
1.
Doctor Treated Injuries. Whenever an employee suffers any doctor treated injury or illness while on company premises or while conducting City business, "for cause" testing will be done. Injuries DO NOT include occupational illnesses (cumulative trauma illnesses, such as, tendonitis, epicondylitis, carpal tunnel syndrome, etc.).
2.
Actions Causing Injuries To Others Or Destruction Of Property. When the actions of an employee causes or could have caused injury to another person or could have resulted in the destruction of property, the employee may be tested "for cause." Examples include but are not limited to the following:
A.
Employee runs backhoe into facility wall.
B.
Employee drops and damages expensive equipment.
C.
Employee places wrong part in machinery, damaging the machine.
D.
Employee improperly sets up a press of machine causing injury to subsequent operator.
3.
Unfit Conditions. "For cause" testing may be required when objective observations by two (2) of the following representatives indicate that an employee is in an unfit condition to work: Superintendent of City Services, Mayor, City of Salisbury Police, ambulance personnel, any supervisors or those in management positions. "For cause" testing under this category requires at least two (2) of these representatives to be present to observe the employee and to document in writing their objective observations, such as the smell of alcohol on breath, yelling, rolling eyes, erratic heartbeat, dilated eyes, etc. Subjective observations, such as "acting stupid" or "looking funny" are insufficient and inappropriate and are not sufficient observations for testing under this category.
[Ord. No. 11-03-01 § 2, 3-10-2011]
Smoking is not allowed in City Hall. Smoking is allowed in designated areas only.
[Ord. No. 11-03-01 § 2, 3-10-2011]
The first sixty (60) days of employment with the City of Salisbury is considered a probationary period for training, determining effective job performance and personal conduct. The employee is not eligible for benefits (vacation, sick leave, insurance, retirement, personal days, compassionate leave, or holiday pay) during the probationary period. During the sixty (60) days, neither the City of Salisbury nor the employee is committed to an employment relationship; employee or employer, without notice, may cancel employment.
[Ord. No. 11-03-01 § 2, 3-10-2011]
The City of Salisbury accepts and considers applications for employment from relatives of current employees. However, no more than two (2) closely related individuals from any one (1) family may work in the same department.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
Insurance.
1. 
Employees eligible for hospitalization and life insurance must be regular full-time employees. Hospitalization and life insurance benefits do not go into effect until the first day of the following month after the employee's probationary period sixty (60) days is up.
2. 
The City will pay the premium on hospital and life insurance on the employee, plus six hundred dollars ($600.00) of the one-thousand-dollar deductible per employee per calendar year.
3. 
The City will pay the premium on the employee's coverage during the time the employee draws a payroll check from the City (either for actual time worked, vacations, sick leave, personal days or compassion leave). At such time as the employee receives no payroll compensation from the City but he/she or the City has not terminated his/her employment (a leave of absence without pay), the City will discontinue paying the premium on the employee's insurance. The employee shall have the right to pay the premium for a period of eighteen (18) months (COBRA), if the employee so chooses. The premium paid by the employee during the eighteen-month period must be paid in advance by the first day of the month due.
4. 
An employee that is sixty-five (65) years old or older can choose to opt out of the City's health insurance. The City will reimburse that employee three hundred dollars ($300.00) a month. The City will pay the premium for the employee's life insurance.
B. 
Retirement.
1. 
Regular full-time employees [after sixty (60) days' probation] are eligible for retirement benefits. The City of Salisbury will contribute two percent (2%) of the employee's salary to the retirement fund. An employee may make contributions in accordance with the retirement plan provisions.
2. 
The City of Salisbury reserves the right to amend any or all insurance coverage programs as desired.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
The City of Salisbury carries workers compensation insurance coverage as required by law to protect employees injured on the job. This insurance provides medical, surgical and hospital treatment in addition to loss of earnings from work-related injuries.
B. 
In the event of an on-the-job injury or illness, regardless of how minor or severe, the employee shall:
1. 
Notify City Hall immediately. If no one is available at City Hall, report the injury to the Mayor. If the injury is too severe to allow the employee to telephone City Hall, someone else must telephone on the employee's behalf.
2. 
If medical attention is needed, go to the medical facilities that have been approved by the City. Employees shall be notified from time to time as to which medical facility is approved by the City. An injured employee must receive advance approval from the City before going to any other facility, unless the injury is so severe that hospital emergency treatment is reasonably required.
C. 
Unreported on-the-job injuries may result in the loss of potential workers' compensation benefits. Contact the City Clerk with questions about the workers compensation insurance program.
D. 
The City of Salisbury and its insurance carrier shall not be responsible for the payment of workers' compensation benefits for any injury that arises out of an employee's voluntary participation in any off-duty recreational, social or athletic activity that is not part of the employee's work-related duties.
E. 
The City of Salisbury and its insurance carrier may be responsible for the payment of workers' compensation benefits when the injury is the result of any recreational, social or athletic activity that is reasonably expected or is required by the City.
[Ord. No. 11-03-01 § 2, 3-10-2011]
Employees may receive a leave of absence not to exceed ten (10) working days annually for participation in annual training for the National Guard or Reserve Armed Forces. A copy of official orders requiring such training must accompany requests for leave. Leave of absence may exceed ten (10) days if the Guard or Reserve unit is activated.
[Ord. No. 11-03-01 § 2, 3-10-2011]
The City of Salisbury believes that it is the civic obligation of all employees when called to serve on jury duty or to be a witness when subpoenaed. If any employee is called to jury duty or subpoenaed as a witness, normal pay will be provided but the employee shall reimburse the City all pay received for jury duty and witness fee. An employee may retain any mileage compensation he or she receives. The employee shall report back to his/her regular place of work if there is one (1) hour or more remaining in the workday upon completion of the witness or jury duty.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
The Family and Medical Leave Act of 1993 (FMLA) allows an eligible employee twelve (12) work weeks of unpaid leave any twelve-month period for the following reasons:
1. 
Birth Of A Child. The birth of the employee's child or to care for such child.
2. 
Placement Of Child For Adoption Or Foster Care. The child's placement with the employee for adoption or foster care.
3. 
Family Serious Health Condition. The care of a spouse, child, or parent who has a serious health condition.
4. 
Employee Serious Health Condition. The employee's own serious health condition.
B. 
The following provisions shall apply:
1. 
Leave for a birth or adoption shall be limited to one (1) consecutive leave period. Leave for serious health conditions may be intermittent or on a reduced time basis if such schedule is needed for medical reasons. The City may move an employee on intermittent or reduced time leave to an alternative position that can accommodate such scheduling.
2. 
When leave is foreseeable, an employee must give the City thirty (30) days' notice. In addition, when leave is for planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt the City's operation. If it is not possible to provide thirty (30) days' notice, the employee must give as much notice as is practical. During leave, an employee is required to report periodically on his/her status and intent to return to work.
3. 
"Serious health condition" is defined as a health condition that involves inpatient care in a hospital, hospice or residential care facility or continuing treatment by a health care provider.
4. 
Upon completion of approved family leave, the employee will be returned to the same or an equivalent position and benefits.
5. 
An employee must have twelve (12) months total service with the City of Salisbury to be eligible for FMLA leave.
6. 
Disability due to pregnancy is treated as any other illness or disability. An employee needing time off of work has the option of using vacation or sick leave or requesting an unpaid leave under the provision of the Family and Medical Leave Act.
[Ord. No. 11-03-01 § 2, 3-10-2011]
The standard paydays for all employees are every other Friday. The workweek runs from Thursday through Wednesday. When a payday falls on a holiday, paychecks will be distributed on the last working day before the holiday. Any monthly employee shall be paid on the last payday of the month. Paychecks may be picked up any time after 11:30 A.M. If an employee cannot pick up their check, they are to notify the office as to who will be picking up the check. If a paycheck is to be left at the Police Station for the employee to pick up, a signed notice by the employee is to be turned into the City Clerk.
[Ord. No. 11-03-01 § 2, 3-10-2011]
Report any lost or stolen paychecks to your supervisor and the City Clerk immediately. If a paycheck has to be reissued due to being lost, destroyed, or stolen, the employee will be responsible for paying the stop payment fee. Paychecks will not be reissued until the stop payment fee is paid to the City and a three-day waiting period has elapsed.
[Ord. No. 11-03-01 § 2, 3-10-2011]
The City of Salisbury does not extend payroll advances or personal loans.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A workweek is forty (40) hours for regular full-time employees. Each employee is allowed one (1) hour for lunch. Each employee is entitled to a fifteen-minute break in each four-hour work period, which includes travel time to and from work location to break location. If the allowed break is not taken, it is waved by the employee. In no case will a break be allowed within an hour of the shift starting or quitting time or within one and one-half (1 1/2) hours of a lunch period.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
Each employee is expected to report for work on time and ready to begin the day's work. Because there are so few employees assigned to any department, it is imperative that your supervisor be notified if you will not be able to report to work as scheduled. If you cannot locate your immediate supervisor to notify him/her of an absence, the following chain of command is to be followed if you are not covering your shift due to unscheduled time off:
1. 
Superintendent of City Services.
2. 
Mayor.
3. 
Mayor Pro Tem.
B. 
Failure to notify proper individuals of absence may result in disciplinary action.
C. 
If an employee is not able to make it to work due to bad weather conditions, the employee will not receive pay for time lost due to weather.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
All hourly full-time employees shall be allowed one and one half (1 1/2) regular overtime rate for any hours in excess of forty (40) hours per week from Thursday through Wednesday. Holiday, sick days, vacation or personal days taken will count toward forty (40) hours. Compassionate leave will not count toward a forty-hour workweek. Call-outs are paid at overtime rate and will not count toward forty (40) hours worked.
B. 
Part-time or seasonal employees are not eligible for overtime pay. Supervisors are to keep hours under forty (40) hours a week.
C. 
Members of the Police Department shall receive overtime for court appearances when said appearance is required on the employee's day off from work. No overtime pay shall be received for any court appearance required during the employee's regular work shift.
[Ord. No. 11-03-01 § 2, 3-10-2011]
There shall be no overtime accrued or paid for salaried employees unless specifically authorized by the Mayor and/or the Board of Aldermen.
[Ord. No. 11-03-01 § 2, 3-10-2011]
Once an employee has completed their normal work shift and has left their job site for the day, if they are summoned to return for an emergency, they are entitled to call -out pay. For any amount of time worked up to two (2) hours, the employee will be paid for two (2) hours of overtime. For any amount of time in excess of two (2) hours, the employee will be paid for the actual amount of time worked at the overtime rate. Call-outs will get paid the overtime rate even if forty (40) hours of actual worked hours have not been met for that week. Call-out time begins when the employee arrives at City Hall, the water plant, sewer plant, Police Department or Street Department. Time does not start when the employee receives the call. The Police Dispatcher is to be contacted when the employee arrives to begin his or her duties and when he or she finishes his or her duties. Should an employee be recalled within the two-hour period after the first call, it shall not be construed as another call. The employee shall be paid at the regular overtime rate for such time that is necessary to be worked in excess of the two-hour period. Time sheets submitted by department heads shall be used for verification of time worked.
[Ord. No. 11-03-01 § 2, 3-10-2011]
When an employee is scheduled to work scheduled overtime (example, weekends), that employee shall receive pay one and one-half (1 1/2) at regular overtime rate for actual time at job site.
[Ord. No. 11-03-01 § 2, 3-10-2011]
Compensation time granted only upon approval of the department head.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
If an employee needs to trade hours for time off, regular time is traded one (1) hour off for one (1) hour worked and overtime is traded one and one-half (1 1/2) hours off for one (1) hour overtime worked, upon Supervisors' approval. Time has to be traded within the same pay period worked. The employee must have a forty-hour week worked before the one and one-half (1 1/2) rate is applied.
B. 
All absences not covered under vacation, sick, compassion leave, personal days or holidays shall be considered lost time and the employee's pay shall be reduced accordingly. If an employee has lost time, no overtime is allowed. Time will be figured at regular pay up to forty (40) hours.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
Regular full-time employees are eligible for holiday pay. Part-time employees are not eligible for holiday pay. The City of Salisbury observes the following paid holidays:
New Year's Day
Martin Luther King Day
Labor Day
President's Day
Veteran's Day
Memorial Day
Independence Day
Thanksgiving Day and Friday following
Christmas Eve
Christmas Day
B. 
If any holidays fall on Saturday or Sunday, the holiday days observed would be as follows: workday preceding the holiday or the following workday.
C. 
If an employee is required to work on an authorized holiday, he/she shall be paid holiday pay plus extra straight time or the employee can have the holiday off at a different time, but must be taken in thirty (30) days upon approval from supervisor.
D. 
An employee on vacation shall have his/her vacation extended by one (1) day for each authorized holiday falling within the period of vacation.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
A full-time regular employee will accrue twelve (12) days [ninety-six (96) hours] of sick leave per year. Unused sick leave hours will be allowed to accumulate until the employee has accrued a total of two hundred forty (240) hours [thirty (30) days] of sick leave. Sick leave in excess of two (2) consecutive days shall require a certified statement from a competent medical authority. Sick leave may be taken in no less than one-half-hour increments. Sick days used beyond the maximum shall be non-compensated. On separation from the City's services, an employee shall not be entitled to receive reimbursement or compensation for unused or accrued sick leave. Sick leave shall be granted for illness of an employee only and cannot be used for other family members.
B. 
In case it becomes necessary for any employee to remain off from work because of personal sickness for a longer period of time than the total of his or her remaining vacation, sick or personal days, he or she shall be on unpaid leave of absence.
C. 
An employee must complete a sixty-day probationary period in order to be eligible for sick leave compensation. On the first day of the month following completion of an employee's sixty-day probationary period the employee will earn one (1) day per month until December 31 of that year, but not to exceed twelve (12) days per year.
[Ord. No. 11-03-01 § 2, 3-10-2011]
All requests for compassionate leave must be approved by the employee's department head. All full-time regular employees will receive compassionate leave with pay. Compassionate leave will be granted for the following deaths. Time off must be submitted to and approved by the employee's immediate supervisor. In the case of death, an obituary or funeral notice shall be submitted with the employee's time sheet. Compassionate leave will not be deducted from employee's sick leave. Deaths not listed shall be taken from employee's sick leave.
A. 
Three (3) days of compassionate leave will be granted for the following deaths:
1. 
Parents.
2. 
Spouse.
3. 
Children.
4. 
Step-children.
5. 
Spouse's parents.
6. 
Son-in-law.
7. 
Daughter-in-law.
B. 
Two (2) days of compassionate leave will be granted for the following deaths:
1. 
Siblings.
2. 
Grandparents.
3. 
Grandchildren.
4. 
Spouse's grandparents.
C. 
One (1) day of compassionate leave will be granted for the following deaths:
1. 
Aunts.
2. 
Uncles.
3. 
Nephews.
4. 
Nieces.
5. 
In-laws.
D. 
One (1) day of compassionate leave with pay is permitted if an employee serves as a pall bearer for a death not listed above.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
All regular full-time employees are eligible for vacations. Temporary employees and part-time employees are not eligible for vacations. All vacation for the calendar year will be awarded on January 1 of that calendar year.
B. 
Each permanent employee of the City who will not have completed one (1) full year of service to the City on December 31 of the year in which employment began shall be entitled to accrue vacation at the rate of one-half (1/2) day for each full month of employment after sixty (60) days of probation is up, not to exceed five (5) days. Said vacation accrued during the first calendar year of employment shall be taken before January 15 of the year following the first calendar year of employment or it shall be forfeited. After December 31 of the calendar year in which employment began, thereafter all vacation time shall accrue on January 1 for all employees regardless of the date on which employment began in the preceding year. The vacation days to which full-time employees shall be entitled are as follows:
1. 
One (1) to nine (9) years of service: ten (10) days/year.
2. 
Ten (10) to nineteen (19) years of service: fifteen (15) days/year.
3. 
Twenty (20) years and over: twenty (20) days/year.
C. 
In the case of death, retirement, resignation or termination of employment for any reason, vacation days will be paid at regular pay for the following days:
D. 
If employee leaves employment before July 1 — receive pay for one half (1/2) of days of vacation for years of service.
E. 
If employee leaves employment July 1 or later — receive pay for all days of vacation for years of service.
F. 
Annual vacation leave must be taken; an employee cannot work instead and get paid. Vacation pay will not be paid in advance.
G. 
Employees must get permission from their supervisor at least forty-eight (48) hours' notice before taking vacation. Supervisors may approve exceptions to the forty-eight-hour notice.
H. 
Vacation time must be taken within the calendar year it is given and is not accumulated or carried forward, except in special circumstances as approved in writing by the Board of Aldermen or the Board of Public Works. The employee may request that absence because of sickness, injury or disability in excess of sick leave be charged against vacation leave. Approval of the request is at the discretion of the department supervisor.
I. 
Vacation leave must be taken in at least one-half-day increments. Vacation leave shall ordinarily be taken in one-week intervals, shorter or longer periods may be permitted by the employee's supervisor.
[Ord. No. 11-03-01 § 2, 3-10-2011]
Each employee that has not completed his or her sixty (60) days of probation shall be entitled to one (1) eight-hour personal day after his or her sixty-day probationary period is complete. All regular full-time employees shall receive one (1) personal day on January 1 and one (1) personal day on July 1. No more than two (2) personal days may be accumulated. Accrued personal days will be paid upon employee termination or resignation if resignation policy requirements are met (see resignation policy). Personal days must be taken in at least one-half-day increments. Requests for taking a personal day must be approved by the employee's supervisor in advance.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A fourteen-consecutive-day notice of resignation is required to receive pay for any accumulated vacation and personal days. The employee is required to work all scheduled shifts in those fourteen (14) days; use of accrued leave will not be allowed. If the employee does not work all scheduled shifts in the fourteen-day resignation period, he/she will forfeit pay of accrued vacation and personal days. Council may approve exceptions to the resignation time and use of accrued leave (i.e., emergency situations).
[Ord. No. 11-03-01 § 2, 3-10-2011]
The City of Salisbury does not pay severance pay as of January 1994. At the time of employment termination, actual time worked plus any accrued vacation and personal days will be paid.
[Ord. No. 11-03-01 § 2, 3-10-2011]
A. 
Disciplinary actions will generally follow the pattern listed below in order of severity.
1. 
Verbal warning by supervisor.
2. 
Written notice of reprimand.
3. 
Suspension without pay by the Mayor or Superintendent of City Services for a period of three (3) days.
4. 
Termination. (All suspensions or terminations will be documented in writing and placed in employee's file.)
B. 
The Superintendent of City Services or Mayor has the authority to suspend an employee without pay for the balance of the day for the following offenses:
1. 
Direct insubordination.
2. 
Gross violations of safety rules, regulations or practices.
C. 
The Superintendent of City Services and/or Mayor has the authority to suspend an employee without pay until a meeting of the Board of Aldermen or Board of Public Works can be held to consider the reason for the suspension.
D. 
Notwithstanding anything to the contrary contained in this Section, a vote by the Board of Aldermen or the Board of Public Works may terminate any employee at any time without any prior warning, reprimand, disciplinary proceeding or suspension.
E. 
All changes will be effective on the date approved by the Board of Alderman.
[Ord. No. 09-02-02 § I, 2-12-2009]
A. 
No Expectation Of Privacy. Within each City department or office for which Internet access is made available to employees, employees may use an e-mail account to be used on City computers. However, no person using a City computer has legal protection or privacy interest in e-mails either sent or received at any of the City's Internet access computers. Authorized personnel may review contents of such e-mails at any time and for any reason the department supervisor or City Officer determines appropriate. Employees must, therefore, use e-mail accordingly and for City business functions. Non-business use of e-mail should be very limited, similar to the use of an office telephone.
B. 
City Internet Access Primarily For City Business. Although various City departments or offices may make Internet access available or provide e-mail accounts and browsing capabilities, any e-mail account not provided by the City is a personal expense of the employee. Personal e-mail accounts used on City computers should be used sparingly and are not to be used for City business. If an employee's supervisor determines that an employee may not use City computers using personal e-mail addresses due to security issues, such policy shall be enforced by the supervisor.
C. 
Confidential Information And Copyrighted Materials. E-mail should not be used for the transmission of confidential information without advice from the City Attorney's office. Unauthorized attachment of copyrighted materials to e-mails or inclusion of copyrighted materials in e-mails is prohibited in accordance with Federal Statutes.
D. 
Regular Review Of E-Mail Required. Department heads, the City Clerk, and Employees who routinely conduct City business via e-mail are required to check their e-mail at least once every day. If they are out of the office for a day or longer, access to their account should be given to someone authorized to check and respond to the employee's e-mails daily.
[Ord. No. 09-02-02 § II, 2-12-2009]
Dissemination of City-wide general information via e-mail shall be the responsibility of the City Clerk. Information to be transmitted to all employees or all members of the Board of Aldermen and Mayor or others for City business shall be sent to the City Clerk for dissemination. This does not prohibit other departments from sending specific or emergency information out City-wide in order to notify employees and others quickly.
[Ord. No. 09-02-02 § III, 2-12-2009]
The City Clerk may maintain a City-wide address and, when appropriate, include it on informational materials. Such address would enable citizens to send e-mail to the City and obtain a response. Each department or office may choose its own e-mail address so long as that address is available to the City Clerk. If employees use City computers and use a personal e-mail address, they are still subject to the same oversight as if the employee was using a City address.
[Ord. No. 09-02-02 § IV, 2-12-2009]
The City Clerk will extract stored e-mail messages when available and when requested to do so by authorized supervisory personnel. Reasons for retrieval include, but are not limited to, system hardware or software problems, general system failure, regular system maintenance, a lawsuit against the City, suspicion of a crime or violation of policy, or a need to perform work or provide a service. Retrieval of specific e-mails will require approximate date, time, sender, and receiver information. Each user of e-mail using a City computer shall archive messages related to City business in a file which can readily be retrieved and should be retained according to the policy established by this Article.
[Ord. No. 09-02-02 § V, 2-12-2009]
A. 
The following are unacceptable e-mail practices and are prohibited:
1. 
Using City equipment in violation of Federal, State and local laws; misrepresenting an individual opinion as City policy; transmitting confidential information in an unsecured transmission; intercepting, eavesdropping, recording, altering another person's e-mail message except as provided under proper supervision; adopting the identity of another person on any e-mail message, attempting to send e-mail anonymously, or using another person's password unless properly authorized; misrepresenting your affiliation on any e-mail message; composing e-mail which contains racial or sexual slurs or jokes, or patently harassing, intimidating, abusive, or offensive material to or about others; using e-mail to communicate any material of an obscene or derogatory nature or in a manner that may be offensive to others; accessing objectionable or improper material unless specially granted permission by the department head in conjunction with work-related activities; knowingly introducing to the City network any message, software, or device containing a virus.
2. 
E-mail accounts provided by the City may not be used to conduct employee organization, association or union business; users shall not share any password for any City computer with any unauthorized person, nor obtain any other user's password by any unauthorized means. When a supervisor requires knowledge of an employee's password, such information should be kept secure. Passwords should not be shared among employees for the purpose of logging into someone else's desktop. Such needs should be addressed through the use of shared files residing on a shared drive. Technology provided by the City should not be used for filing grievances or taking any legal action against the employer; intentionally tampering with, deleting, or altering City records or other employees' work product maliciously; abusing work time to access non-work-related information or e-mail correspondence.
[Ord. No. 09-02-02 § VI, 2-12-2009]
A. 
E-mail messages received or sent from City computers are not private; they are subject to discovery proceedings in legal actions and the provisions of the Missouri Sunshine Law.[1] Messages in the e-mail system on any City computer may be monitored, intercepted, or copied to a backup tape. Even if deleted, a message may still exist in backup files maintained by department heads or the City Clerk. Supervisors may access an individual account if available and upon receipt of proper authority. Should employees make incidental use of e-mail to transmit personal messages, such messages will be treated no differently than other messages, and may be accessed, reviewed, copied, deleted, or disclosed.
[1]
Editor's Note: See § 610.010 et seq., RSMo.
B. 
E-mail records are assumed to be public information. This is particularly the case when exchanged between more than two (2) elected officials, even if not done on City computers. Board of Aldermen members should work with the City Clerk's office to establish a system to archive e-mailed correspondence appropriately within the provisions of the Sunshine Law.
[Ord. No. 09-02-02 § VII, 2-12-2009]
A. 
E-mail messages sent utilizing a City computer and those exchanged between two (2) or more elected officials are subject to the same record retention regulations and procedures as pertain to paper documents deemed to be a record. Each employee and officer shall be responsible for retaining all messages sent by moving them to appropriate folders for filing electronically or by forwarding them to the City Clerk or by printing and retaining a paper copy. The City Clerk shall maintain backup files that are created on a weekly basis with the last backup of each month retained for a period of one (1) year or as resources permit, except in the event of ongoing legal action or investigation concerning e-mail records within that year, in which case the records shall be retained until the legal matters are finally resolved.
B. 
E-mails which may be received from sources outside the City administration which are sent to the City Clerk for dissemination to employees or officials of the City which are of an informational nature but not directly related to City business shall be retained for thirty (30) days or when no longer needed, whichever is later.
C. 
If an e-mail is personal in nature, it may be deleted when no longer needed. If the e-mail is in regard to a City business-related issue, it must be retained in accordance with the policy established by this Article or as later modified. The following are examples of e-mail messages and the appropriate method of retention:
1. 
Invitations for lunch, birthday notices, other announcements that are considered personal in nature may be deleted when no longer needed.
2. 
Any message related to a request for service from a citizen is considered general correspondence and must be retained for five (5) years.
3. 
Any messages related to a current City project must be retained with the project files.
4. 
Any message related to a litigation item must be retained with the case files.
5. 
The retention of e-mails sent by an individual is the responsibility of the sender, except in the case of the City Clerk who shall retain in keeping with this policy all e-mail pertaining to City business.
[Ord. No. 09-02-02 § VIII, 2-12-2009]
Violations of this Article can be a basis for employee or officer discipline. Repeated or serious violations of this Article can become the basis for firing or removal.