[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
A.
The policy and procedure manual 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 policy and procedures manual
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
the policy and procedures manual 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 the policy and procedure
manual. Employees are also encouraged to make suggestions for improvements
in the policies and procedures.
E.
The City Clerk shall interpret the provisions of this
policy 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 the policies and procedures manual will
be made available to all employees.
[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
As used in this Article, the following terms
shall have the meanings indicated:
Shall include 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.
Shall include department heads, supervisors and all others
paid a salary by the City.
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.
An employee working the full standard work week of the department
who has satisfactorily completed the 60-calendar day probationary
period.
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 or has otherwise been specifically categorized
as a permanent part-time employee.
A full-time employee who has not completed the probationary
period of 60-calendar days satisfactory full-time employment.
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; Ord. No. 21-06-01, 6-10-2021]
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 employee for 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 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; Ord. No. 21-06-01, 6-10-2021]
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; Ord. No. 21-06-01, 6-10-2021]
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.
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 City Superintendent of 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.
[1]
Editor's Note: Ord. No. 21-06-01 also changed the title of
this Section from "Employee Eligibility, Application, Requirements"
to "Eligibility, Application, And Employee Requirements."
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).
[1]
Editor's Note: Ord. No. 21-06-01 also changed the title of
this Section from "Immigration Compliance" to "Immigration Law Compliance."
[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
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; Ord. No. 21-06-01, 6-10-2021]
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 co-worker
by any employee may lead to disciplinary action, up to an 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; Ord. No. 21-06-01, 6-10-2021]
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 (CITY) 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 Work Place Act of 1998 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.
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
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 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.)[1] Violation of this policy will result in disciplinary action
up to and including termination.
[1]
Editor's Note: See 41 U.S.C. § 8101 et seq.
D.
CITY PROPERTY
ILLEGAL DRUGS
Definitions. As used in this policy and the attached
tables:
Includes all property, facilities, land, parking areas, buildings,
structures, automobiles, trucks and all other vehicles, whether owned,
leased or used by the City.
Include, 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 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 (GSMS) 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 devise.
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 re-checked 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 prove negative and the individual
not be 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 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
and their property on City property. Employee property, includes,
without limitation, handbags, lunchboxes, 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.
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.
|
This policy is made for the maximum safety and well being 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.
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"FOR CAUSE" TESTING GUIDELINES
| ||
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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:
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|
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 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.
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[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
Smoking is not allowed in City-owned building
or City-owned enclosed equipment.
[Ord. No. 21-06-01, 6-10-2021]
A.
Employees
shall avoid any interest or activity which improperly influences,
or gives the appearance of improperly influencing, the conduct of
their official duties.
B.
Employees
shall not use their public positions in a manner designed to create
personal gain.
C.
Employees
shall not disclose confidential information gained by reason of their
public position, nor shall employees use such information for personal
gain or benefit.
D.
Employees
shall use and maintain City-owned equipment, materials and supplies
in an efficient manner which will conserve future usefulness.
E.
Employees
shall use City-owned equipment, materials and supplies solely for
purposes related to the performance of City business.
F.
Employees
shall approach their duties with a positive attitude and constructively
support open communication, dedication, and compassion.
G.
Employees
shall conduct their duties with courtesy toward customers, co-workers,
and the general public recognizing the diverse background, characteristics
and beliefs of all those with whom they conduct City business.
[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
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; Ord. No. 21-06-01, 6-10-2021]
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; Ord. No. 21-06-01, 6-10-2021]
A.
Insurance.
1.
Employees eligible for health and life insurance
must be regular full-time employees. Health and Life Insurance benefits
do not go into effect until the first day of the following month after
the employee's probationary period (60 days) is up.
2.
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, (a leave
of absence without pay) has not terminated his/her employment, 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 18-month period must be paid in advance
by the first day of the month due.
3.
An employee that is sixty-five (65) years old
or older can choose to opt out of the City's health insurance. The
City shall compensate that employee an additional three hundred dollars
($300.00) per month salary provided that the employee obtains the
appropriate health coverage.
B.
Retirement.
1.
Regular full-time employees (after six (6) months)
are eligible for retirement benefits through the LAGERS program. There
is a four percent (4%) mandatory employee contribution per the LAGERS
plan selected by the City.
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; Ord. No. 21-06-01, 6-10-2021]
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, employees may
go to any licensed medical facility.
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; Ord. No. 21-06-01, 6-10-2021]
Employees may receive a leave of absence, not
to exceed one hundred twenty (120) working hours 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 one hundred twenty (120) hours
if Guard or Reserve unit is activated.
[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
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; Ord. No. 21-06-01, 6-10-2021]
A.
The Family and Medical Leave Act of 1993 (FMLA) allows
an eligible employee twelve (12) work weeks of unpaid leave in 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; Ord. No. 21-06-01, 6-10-2021]
The standard paydays for all employees are every
other Friday. When a payday falls on a holiday, deposits will be distributed
on the last working day before the holiday. Any monthly employee shall
be paid on the last payday of the month. All employees will be paid
by direct deposit. It will be the responsibility of the employee to
provide updated information not less than seven (7) working days prior
to payday in order to ensure payment.
[1]
Editor's Note: Former Section 135.200, Lost Checks, was repealed
6-10-2021 by Ord. No. 21-06-01.
[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
The City of Salisbury does not extend payroll
advances or personal loans.
[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
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 (15) minute break in each four (4) hour work
period, which includes travel time to and from work location to break
location. If the allowed break is not taken it is waived 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; Ord. No. 21-06-01, 6-10-2021]
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 to unscheduled time off
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; Ord. No. 21-06-01, 6-10-2021]
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 thru Wednesday. Holiday,
sick days, vacation or personal days taken will count toward forty
(40) hours. 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 appearance 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; Ord. No. 21-06-01, 6-10-2021]
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; Ord. No. 21-06-01, 6-10-2021]
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 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 overtime rate. Call-outs will get paid overtime
rate even if forty (40) hours of actual worked hours have not been
met for that week. Call-out time begins when employee arrives at City
Hall, Water Plant, Sewer Plant, Police Department or Street Department.
Time does not start when employee receives the call. 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; Ord. No. 21-06-01, 6-10-2021]
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; Ord. No. 21-06-01, 6-10-2021]
Compensation time granted only upon approval
of the department head.
[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
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; Ord. No. 21-06-01, 6-10-2021]
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; Ord. No. 21-06-01, 6-10-2021]
A.
A full-time regular employee will accrue twelve (12)
days (96 hours) of sick leave per year. Unused sick leave hours will
be allowed to accumulate until the employee has accrued a total of
three hundred twenty (320) hours (8 weeks) of sick leave. Sick leave
may be taken in no less than one-half (1/2) 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.
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 his or her 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 60-day probationary period
in order to be eligible for sick leave compensation. On the first
day of the month following completion of employee's 60-day probationary
period 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; Ord. No. 21-06-01, 6-10-2021]
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 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.
[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
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:
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.
Annual vacation leave must be taken; an employee cannot
work instead and get paid. Vacation pay will not be paid in advance.
E.
Employees must get permission from the supervisor
at least 48-hours notice before taking vacation. Supervisors may approve
exceptions to the 48-hour notice.
F.
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.
[Ord. No. 11-03-01 § 2, 3-10-2011; Ord. No. 21-06-01, 6-10-2021]
Each employee that has not completed his or
her sixty (60) days of probation shall be entitled to one (1) 8-hour
personal day after his or her sixty (60) days 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). 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; Ord. No. 21-06-01, 6-10-2021]
A fourteen (14) 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 employee
does not work all scheduled shifts in the 14-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; Ord. No. 21-06-01, 6-10-2021]
The City of Salisbury does not pay severance
pay. 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; Ord. No. 21-06-01, 6-10-2021]
A.
Disciplinary actions will generally follow the pattern
listed below in order of severity.
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 Aldermen.
[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.
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.
