[R.O. 2006 § 145.010; CC 1975 § 23.010]
Each employee receiving an appointment or a promotion to a position
in the service of the City must serve a probationary period of six
(6) months before his/her appointment or promotion shall be considered
permanent. During the employee's six-month probationary period,
the employee's work habits, abilities, attitude, promptness and
other pertinent characteristics will be observed and evaluated by
his/her supervisor, department head or other appropriate City Officials.
If the probationary employee fails to meet required standards of performance,
he/she is to be dismissed or if he/she is a promoted permanent employee,
he/she may be restored to the position from which he/she was promoted
or to a comparable position. During the probationary period, the employee
is not eligible for employee fringe benefits, such as sick leave and
vacation, but will earn credit for those to be taken at a later date.
Wages for designated holidays falling within the probationary period
will be paid to probationary employees.
[R.O. 2006 § 145.020; CC 1975 § 23.020]
If at any time during the probationary period the supervisor
determines that the services of a City employee have been unsatisfactory,
the employee may be separated from his/her position without the right
of appeal or a hearing. The Mayor shall notify the employee in writing
at least seven (7) calendar days before the effective date of separation
of the reasons for the separation.
[R.O. 2006 § 145.030; CC 1975 § 23.030]
At the end of an employee's probationary period, if there
is reason to believe that the employee may develop the ability to
perform satisfactorily by an extension of the probation period, the
supervisor or department head may grant an extension not to exceed
sixty (60) days.
[R.O. 2006 § 145.040; CC 1975 § 23.040]
A.
At the end of each employee's six-month probationary period or extension granted under the authority of Section 145.030, the supervisor of the employee shall complete a probationary report and notify the Mayor in writing that either:
1.
The employee has successfully completed his/her probationary
period and is capable of performing the duties of the position satisfactorily
and is henceforth recommended as a permanent employee with all rights
and privileges due him/her; or
2.
The employee has not demonstrated ability to perform satisfactorily
the duties of the position and is recommended to be dismissed from
City Government service or if promoted from another position returned
to the previous or a similar position.
[R.O. 2006 § 145.050; CC 1975 § 23.050]
[R.O. 2006 § 145.060; CC 1975 § 23.060]
The minimum age for employment as a probationary employee shall
be eighteen (18) years of age, unless the Mayor shall in writing waive
the requirement. The minimum age for employment of seasonal employees
shall be sixteen (16) years of age. Seasonal employees shall not be
considered permanent employees of the City.
[R.O. 2006 § 145.070; CC 1975 § 23.070]
Employees of the City need not reside within the City.
[R.O. 2006 § 145.080; CC 1975 § 23.080]
All vacancies occurring in the service of the City shall, whenever
possible, be filled by promotion of a qualified employee within the
City service. However, the Mayor may authorize the recruitment of
applicants from outside the City service whenever he/she has reason
to believe that better qualified applicants are available than within
the City service. Promotion within the City service shall be based
on the qualifications of the person being appointed. Usually, the
first (1st) consideration in filling of vacancies will be given to
the most qualified senior applicant in the department in which the
vacancy exists. Next, consideration will be given to the most qualified
senior applicant from outside the department. If no acceptable applicant
is found within the City service, the vacancy will be filled from
outside the City service. The criteria used in the selection of the
most qualified senior applicant shall be based upon experience, performance,
evaluation and, where feasible, examination.
[R.O. 2006 § 145.090; CC 1975 § 23.100]
City employees shall not be appointed or retained on the basis
of their political activity. City employees shall not be coerced to
take part in political campaigns, to solicit votes, to levy, contribute
or solicit funds or support for the purpose of supporting or opposing
the appointment or election of candidates for any municipal office.
[R.O. 2006 § 145.100; CC 1975 § 23.110]
No City employee shall actively advocate or oppose the candidacy
of any individual for nomination or election to any municipal office,
but an employee may participate in political affairs at other levels
of government, provided such participation does not adversely affect
his/her performance as a City employee. Employees are expected to
exercise their right to vote in municipal elections, but shall not
engage in or participate in any other way in any municipal election.
[R.O. 2006 § 145.110; CC 1975 § 23.120]
[R.O. 2006 § 145.120; CC 1975 § 23.130]
No full-time employee of the City shall accept outside employment,
whether part-time, temporary or permanent, without prior written approval
from the Mayor. Each change in outside employment shall require separate
approval. Approval shall not be granted when such outside employment
conflicts or interferes, or is likely to conflict or interfere, with
the employee's municipal service. Such approval, however, shall
not be arbitrarily withheld. Employees may not engage in any private
business or activity while on duty. No employee shall engage in or
accept private employment or render any service for private interest
when such employment or service is incompatible or creates a conflict
of interest with his/her official duties.
[R.O. 2006 § 145.130; CC 1975 § 23.140]
It shall be the duty of each employee to maintain high standards
of conduct, cooperation, efficiency and economy in their work for
the City. Whenever work habits, attitude, production or personal conduct
of any employee falls below a desirable standard, supervisors should
point out the deficiencies at the time they are observed. Corrections
and suggestions should be presented in a constructive and helpful
manner in an effort to elicit the cooperation and good will of the
employee. Whenever possible oral and/or written warnings with sufficient
time for improvement shall precede formal discipline.
[R.O. 2006 § 145.140; CC 1975 § 23.150]
A.
All employees of the City are employees at will. The purpose of this
Section is to promote efficiency by establishing normal procedures
which will serve as a guide to administrative action concerning various
personnel activities but nothing contained herein shall be construed
to change the status of any "at-will" employee or to grant a right
of judicial review. (This Section is not applicable to appointed officers
of the City who are subject to discipline or dismissal by the Mayor
and/or the Board of Aldermen as provided by Section 79.240, RSMo.)
B.
It shall be the duty of all City employees to comply with and to
assist in carrying into effect the provisions of the City's personnel
rules and regulations. No permanent employee shall be subject to corrective
or disciplinary action except for violation of established rules and
regulations and such corrective or disciplinary action shall be in
accordance with procedures established by the personnel rules and
regulations.
1.
Employee's and supervisor's responsibilities.
a.
It is the duty of every employee to attempt to correct any faults
in his/her performance when called to his/her attention and to make
every effort to avoid conflict with the City rules and regulations.
b.
It is the duty of every supervisor to discuss improper or inadequate
performance with the employee in order to correct the deficiencies
and to avoid the need for disciplinary action.
2.
Corrective action. The supervisor or department
head shall issue warnings, reprimands and censures for improper conduct
or inadequate performance. If a warning, reprimand or censure is issued,
the supervisor or department head shall advise the employee in writing
of the employee's errors or failures and a copy of the written
information shall be placed in the employee's personnel file.
If the warning, reprimand or censure is for inadequate performance,
the employee shall be given at least fifteen (15) working days to
improve performance before any disciplinary action may be taken.
3.
Personnel file documentation. The deterioration
of an employee's conduct is often a progressive problem and every
effort should be made to reverse this trend as soon as it is apparent.
Based on this philosophy, careful documentation should be made of
improper conduct or inadequate performance and the employee's
personnel file should contain relevant evidence to show corrective
actions taken prior to the imposition of disciplinary action.
4.
Grounds for disciplinary action. The following
are declared to be grounds for disciplinary action against an employee.
a.
Conviction of a felony or other crime involving moral turpitude
or repeated convictions for misdemeanor and/or traffic offenses.
b.
Documented inadequate performance, inefficiency, incompetency
or negligence in the performance of duties.
c.
Unauthorized absence from work or repeated tardiness.
d.
Failure or refusal to comply with a lawful order or to accept
a reasonable and proper assignment from a supervisor.
e.
Refusal or neglect to pay just debts. Maintenance of effort
to pay debts must be shown to avoid disciplinary action.
f.
Subsequent physical or mental impairment of such a nature that
the employee is unable to perform his/her duties.
g.
Misappropriation, destruction, theft or conversion of City property.
h.
Careless, negligent or improper use of City property, equipment
or funds.
i.
Behavior that adversely affects the City or the employee's
ability to perform assigned duties.
j.
Falsification of any information required by the City.
k.
Failure to promptly report accidents or personal injuries to
the proper official.
l.
Being under the influence of, or unauthorized possession of,
alcohol, narcotics or other drugs while on duty or proceeding to or
from work.
m.
The receipt of more than three (3) written censures, warnings
or reprimands.
n.
Improper use of sick and medical leave.
o.
Discrimination toward a fellow employee or member of the public
based on race, sex, religion, national origin, disability or age.
5.
Disciplinary action available.
b.
Permanent employees may be disciplined by being suspended without
pay, reduced in pay or class or removed or dismissed by the Mayor
of Greenfield. Suspension without pay shall not be for a period of
more than thirty (30) working days, unless the suspension is for an
indeterminate period awaiting the outcome of an administrative appeal
or judicial proceeding involving the employee.
6.
Notice of disciplinary action. A written notice
of disciplinary action shall be given to the employee by the Mayor
stating the reasons for the discipline and the date it is to take
effect. Written notice of the grounds for the disciplinary action
must be provided to the employee at least ten (10) working days before
the effective date of the discipline, unless for good cause the Mayor
in writing, giving his/her reasons therefor, orders its immediate
imposition.
7.
Right to a hearing. All permanent employees
receiving discipline are granted the right to a hearing. Within five
(5) days after receipt of written notice of disciplinary action, the
employee may file a written request for a hearing before the Mayor.
If the discipline to be imposed is dismissal, the employee shall be
placed on suspended status without pay pending the hearing and any
appeal. The hearing shall be held within ten (10) days of receipt
of the request for a hearing. The hearing shall be conducted in an
informal manner and the employee shall have the right to appear and
be heard in person or by counsel. Within five (5) days after the hearing
the Mayor shall issue a written decision either affirming, modifying
or reversing the disciplinary action. If the Mayor determines that
discipline shall be imposed, he/she shall set forth in a written decision
the type of discipline to be imposed, the specific grounds on which
the action is taken and the effective date thereof, which shall be
extended for a period no less than five (5) days from the date of
the written decision. A copy of the written decision shall be immediately
delivered to the employee in any manner that certifies that the employee
received notice of the decision.
8.
Right of appeal. Within five (5) days after
the issuance of the written decision by the Mayor, the employee may
file a written request for appeal before the Board of Aldermen. The
appeal hearing shall be presided over by the President of the Board
of Aldermen and shall be scheduled no later than ten (10) days after
receipt of the written appeal. The appeal shall be open to the public
and shall be conducted in such a manner as to allow the employee the
right to appear and be heard in person or by counsel and to present
relevant evidence and testimony before the Board. Within five (5)
days of the appeal hearing the President of the Board shall issue
the written finding of the Board. The decision of the Board shall
be final and effective immediately. If the Board of Aldermen determines
that discipline shall not be imposed, the record of the disciplinary
action shall be removed from the employee's personnel record
and the employee shall be entitled to all regular pay and benefits
during any time in which the discipline order was in effect.
9.
Failure to appear. If the employee fails to
appear at the hearing or the appeal hearing, the employee will be
deemed to have waived his/her right to a hearing and/or appeal. In
the sound discretion of the officer presiding, the hearing or appeal
hearing may be rescheduled if the employee is unable to attend the
scheduled hearing by reason of illness or other good cause shown.
10.
Filing of request and decisions. All requests
for hearing and decisions or orders required by this Chapter shall
be deemed filed upon delivery to the City Clerk at his/her normal
place of business at City Hall.
[R.O. 2006 § 145.150; CC 1975 § 23.160]
A.
The
most effective accomplishment of the work of the City requires prompt
consideration and equitable adjustment of the employee grievances.
It is the desire of the City to adjust the causes of grievances informally
and both supervisors and employees are expected to make every effort
to resolve problems as they arise.
1.
An employee may present his/her grievance or have an employee
committee selected by the employee present his/her grievance to his/her
supervisor or department heard.
2.
All grievances shall be submitted in writing to the City Clerk
who shall forward a copy thereof to the employee's supervisor
for action.
3.
If satisfaction is not achieved by the above procedure within
ten (10) working days, the grievance shall then be presented to the
Mayor.
4.
The Mayor shall convene a hearing within ten (10) days to consider
the grievance. The employee, the supervisor, the department head and
any other interested party shall have the right to be heard. All City
employees shall be considered in the service of the City during the
course of the grievance hearing and each employee shall be paid at
his/her regular hourly rate for that time spent in the hearing.
5.
Following the hearing, the Mayor shall within ten (10) days
take whatever action is necessary including, but not limited to, a
recommendation to change the personnel rules and regulations or the
work practices of the City, a finding that the grievance is unjustified
or any other appropriate recommendation.
6.
No employee shall be disciplined or discriminated against in
any way because of his/her proper use of the grievance procedure.
[R.O. 2006 § 145.160; CC 1975 § 23.170; Ord. No. 2-2002 §§ 1 — 2, 6-26-2002]
A.
The
standard workweek for City employees shall commence on Saturday and
end the following Friday. Employees, other than department heads,
supervisors, law enforcement and fire protection personnel, working
more than forty (40) hours per workweek shall receive overtime pay
or compensatory time off. Department heads and supervisors should
work those hours necessary to assure the satisfactory performance
of their departments, but not less than forty (40) hours per week.
1.
The department head or supervisor shall assign to each employee
regular work duties and responsibilities which can normally be accomplished
within the established workday and work-week. However, occasionally
some overtime work may be necessary for proper performance of work
duties and responsibilities.
2.
When permanent employees are required to work extra or prolonged
shifts, the employee shall be paid overtime pay which shall be one
and one-half (1 1/2) times the employee's regular pay scale.
In lieu of overtime pay, the City may give the employee compensatory
time off at the rate of one and one-half (1 1/2) hours for each
hour of overtime worked.
3.
An employee who has left his/her normal place of work for his/her
home and is called back for overtime work shall be paid for overtime
with a minimum payment equal to one (1) hour's work.
4.
Temporary or probationary employees shall be entitled to overtime
pay as provided in Section 145.160(2).
5.
Law enforcement or Fire Department personnel shall receive overtime
pay or compensatory time off for all hours worked in excess of the
maximum hours allowable for seven (7) to twenty-eight (28) day work
periods as provided by Federal law.
[R.O. 2006 § 145.165; Ord. No.
13-2001, 11-20-2001]
A.
In
order to facilitate the keeping of accurate records of extra hours
worked by City employees and to ensure prompt payment or compensatory
time off for overtime hours worked:
1.
Any employee required to work extra or prolonged shifts shall
maintain a record of the date and time the extra hours are worked
and submit written documentation of the extra hours worked to the
City Clerk during or at the end of the pay period in which the extra
hours were worked.
2.
Failure of an employee to submit written documentation of extra
hours worked during or at the end of the current pay period shall
be conclusive proof that no extra hours were worked during that pay
period.
[R.O. 2006 § 145.170; CC 1975 § 23.180]
A.
All
permanent employees of the City shall receive normal compensation
for the eight (8) legal holidays listed below and any other days or
part of a day during which the public offices of the City shall be
closed by special proclamation of the Mayor with approval of the Board.
All regular part-time employees shall receive compensation in proportion
to the average number of hours normally scheduled to work. Probationary
employees shall be considered for purposes of this Section to be permanent
employees. Holidays to be observed are:
[Ord. No. 4-2008, 2-27-2008]
|
New Year's Day
|
January 1
| |
|
Martin Luther King, Jr. Day
|
Third Monday in January
| |
|
Presidents' Day
|
Third Monday in February
| |
|
Memorial Day
|
Last Monday in May
| |
|
Independence Day
|
July 4
| |
|
Labor Day
|
First Monday of September
| |
|
Thanksgiving Day
|
Last Thursday of November
| |
|
Veterans Day
|
Fourth Monday in October
| |
|
Christmas Day
|
December 25
|
B.
It
shall be the policy of the City to insure that all permanent employees
enjoy the same number of holidays each year. The standard shall be
the number of holidays in a particular year which will be celebrated
by employees working a forty-hour week, Monday through Friday. For
this group when a holiday fails on Sunday, the following Monday shall
be observed as the holiday. When a holiday falls on Saturday, the
preceding Friday shall be observed as the holiday. For permanent employees
whose workweek is other than Monday through Friday, the department
head shall designate the workday that shall be observed.
1.
An employee absent without authorized leave on the day preceding
and/or the day following a holiday shall not receive regular compensation
for the holiday.
2.
Any permanent employee in the City service who shall be required
to perform work or render services on a regularly scheduled holiday
shall receive a day off at his/her regular pay rate in lieu of the
holiday missed or, at the option of the City, he/she may be compensated
at the City's approved overtime rate for his/her service on the
regularly scheduled holiday.
[R.O. 2006 § 145.180; CC 1975 § 23.190]
A.
Every
employee in the City service holding a permanent status position and
having been in the service of the City for a period of twelve (12)
consecutive calendar months shall be allowed annual vacation leave
with pay. Vacation leave shall be granted on the basis of the number
of regularly scheduled hours in the standard work or duty day to which
the employee is assigned at the time of his/her vacation. Employees
with one (1) year of continuous service with the City shall be allowed
vacation leave at the rate of one (1) week. Employees with two (2)
years of continuous service shall be allowed two (2) weeks vacation.
Employees with ten (10) years of continuous service shall be allowed
three (3) weeks vacation. As used in this Section, a "week" shall mean the standard workweek.
1.
Vacation leave shall be taken during the year following its
accumulation.
2.
Vacation leave credit may not be carried from one year to the
next.
3.
Vacation leave must be taken in blocks of five (5) days each.
Exceptions may be granted with the written consent of the Mayor.
4.
Absence on account of sickness, injury or disability in excess
of that hereinafter authorized for such purposes may, at the request
of the employee and within the discretion of the department head,
be charged against vacation leave allowance.
5.
Records of vacation leave allowance and use shall be kept by
the person responsible for the employee's payroll payment. Vacation
leave scheduled shall be in regard to the seniority of employees,
to accord with operating requirements and, insofar as possible, with
the requests of the employees.
6.
When a regularly scheduled holiday occurs during the period
of an employee's vacation, an additional day of vacation shall
be granted.
[R.O. 2006 § 145.190; CC 1975 § 23.200]
A.
All
full-time City employees shall earn sick leave with full pay at the
rate of one (1) workday for each calendar month of service. Sick leave
shall accrue from the date of employment, but shall not be taken until
the successful completion of the six-month probationary period except
with the written permission of the Mayor. Sick leave may never be
taken in advance of earning the time. Sick leave may be accumulated
up to ninety (90) days.
1.
An employee may be eligible for sick leave for the following
reasons:
a.
Personal illness or physical incapacity.
b.
Quarantine of an employee by a physician.
c.
Illness in the immediate family requiring the employee to remain
at home. "Immediate family" shall mean spouse, children,
grandchildren, parents of the employee or any step-children or step-grandchildren
of the employee who were actually residing in the employee's
household prior to the illness.
2.
An employee who is unable to report for work because of one
(1) of the above reasons shall report the reason for his/her absence
to his/her supervisor within two (2) hours from the time he/she is
expected to report for work. Sick leave with pay shall not be granted
unless such report has been timely made. Documentation may be required
of the employee before any sick leave will be granted or payment made.
In all cases, sick leave with pay in excess of three (3) working days
shall be allowed only after presenting a written statement by a physician
certifying that the employee's condition prevented him/her from
appearing for work.
3.
An employee terminating from City service shall not be allowed
the use of sick leave in the last two (2) calendar weeks of employment.
Unused sick leave will not be compensated for in any way at the time
of resignation or dismissal of any employee.
4.
Abuse of the sick leave privilege can result in dismissal.
[R.O. 2006 § 145.200; CC 1975 § 23.210]
On recommendation of an employee's supervisor or department
head and upon the written order of the Mayor, an employee may be granted
maternity or paternity leave without pay for a period not to exceed
three (3) months or as otherwise required by law.
[R.O. 2006 § 145.205]
An eligible employee shall be provided up to the maximum number
of weeks of unpaid leave due to serious health conditions or the need
to care for a spouse, child or parent with a serious health condition
or upon the birth or adoption of a child as provided by Federal or
State law. The employee shall be required to provide documentation
from a health care provider supporting the need for leave.
[R.O. 2006 § 145.210; CC 1975 § 23.220]
A.
Employees may receive a leave of absence for military service in
conformance with State or Federal law.
B.
Any permanent employee who is drafted into the military service shall,
upon termination of his/her active service, be entitled to return
to the City service at a level equivalent to the position held on
his/her departure. This leave of absence shall not exceed the period
of time necessary to complete the period of active duty that he/she
has been involuntarily ordered to perform.
[R.O. 2006 § 145.220; CC 1975 § 23.230]
The Mayor may authorize special leaves of absences, with or
without pay, for any period not to exceed six (6) calendar months
in any one (1) calendar year for attendance at a school or university
for the purpose of training in subjects relating to the work of the
employee and which will benefit the employee and the City service.
The City may share in up to one hundred percent (100%) of the tuition
costs if the course is completed successfully. However, if the City
shares in the cost, the employee must remain in the City service for
one (1) month for each hour of course credit, after completion of
the course. If the employee fails in this obligation, the City's
portion of the tuition will be deducted from the employee's last
pay check. In the event that the course is not based on credit hours,
the employee's required length of stay after completion of the
course should be determined by the employee and the Mayor before the
course begins.
[R.O. 2006 § 145.230; CC 1975 § 23.240; Ord. No. 6-98 §§ 1 — 2, 6-2-1998]
An employee may be granted three (3) working days leave as needed
in the event of the death of his/her spouse, child, mother, father,
sister, brother, mother-in-law, father-in-law, grandmother, grandfather
or any other close relative or friend. Such leave shall not be deducted
from either sick leave or vacation leave. An employee shall receive
regular pay for up to three (3) days of funeral leave taken by reason
of the death of a spouse, child, mother, father, sister, brother,
mother-in-law, father-in-law, grandmother or grandfather. Leave taken
by reason of the death of any other relative or friend shall be without
pay.
[R.O. 2006 § 145.240; CC 1975 § 23.250]
A.
An employee shall be granted not more than five (5) days annual leave
with pay when required to be absent from work for jury duty or as
a trial witness. Such five-day leave taken for either of these purposes
shall not reduce accumulated vacation leave.
B.
Any payments received by the employee as a per diem allowance for
jury service (excluding travel pay) shall be offset against compensation
paid by the City under this Section.
[R.O. 2006 § 145.250; CC 1975 § 23.260; Ord. No. 6-98 §§ 1 — 2, 6-2-1998]
A.
A permanent
(full-time or part-time) employee who is temporarily disabled in the
line of duty shall receive pay equal to the difference between the
amount received from Workers' Compensation benefits and his/her
normal salary amount for the period of his/her disability without
charge against his/her vacation leave, but to be charged against his/her
sick leave, subject to the following conditions:
1.
Provided that the disability resulted from an injury or illness
sustained directly in the performance of the employee's work
as provided in the State Workers' Compensation Act.
2.
If incapacitated for his/her regular assignment, the employee
may be given other duties with the City Government for the period
of recuperation. Unwillingness to accept such an assignment as directed
by his/her department head or supervisor will make the employee ineligible
for disability leave during the time involved.
3.
A physician selected or approved by the City shall determine
the physical ability of the employee to continue working or to return
to work.
4.
Disability leave shall not exceed sixty (60) working days for
any one (1) injury.
[R.O. 2006 § 145.260]
The personnel policy of the City as set out in this Chapter
shall not be applicable to temporary, seasonal or part-time employees
who may be terminated or dismissed at will. Temporary, seasonal or
part-time employees shall have no right to a hearing or appeal from
such action.
[R.O. 2006 § 145.270; Ord. No.
9-2001, 6-5-2001]
A.
Policy Statement. It is the employment policy of
the City of Greenfield, Missouri, that:
1.
No employee shall use alcohol or non-prescribed controlled drugs
in the workplace or in operation of the employer's motor vehicles
or equipment.
2.
Every present and future employee of the City, as a condition
of maintaining his/her employment, shall submit to random drug and/or
alcohol use testing as herein provided.
3.
Every present and future employee of the City as a condition
of maintaining his/her employment, shall submit to alcohol and/or
controlled drug use testing following an accident in which the employee
suffers an injury or in which that employee causes injury to the person
or property of another.
4.
Any employee who fails a test for alcohol use or controlled
drug abuse or who fails to submit to a test for alcohol or controlled
drug use may be discharged by the City.
5.
Any supervisor who knowingly permits an employee to violate
this policy or fails to enforce this policy shall be subject to immediate
termination from employment.
6.
Any person seeking employment or re-employment with the City
must agree in writing to submit to drug tests of urine for evidence
of marijuana, cocaine, opiates, phencyclidine (PCP), amphetamines
or other controlled substances and to allow the results of those tests
to be furnished to and used by the City. Those persons who do not
pass such test(s) shall not be employed.
B.
Procedures For Testing.
1.
Testing agency. The Mayor, on behalf of the
City, may contract with or enter into an agreement with a physician,
qualified laboratory or other qualified facility for testing of employees
by urinalysis or other non-invasive medical procedures for use of
alcohol or controlled drugs. No medical test requiring an invasive
procedure shall be administered without the employee's consent.
The physician or laboratory conducting the testing shall release test
results to the employee's supervisor. When a department head
or supervisor is tested, the test results shall be released to the
Mayor.
2.
Random testing. The Mayor shall coordinate
with the selected physician, laboratory or other facility doing the
testing to develop a procedure whereby all employees of the City are
subject to random testing by urinalysis or other non-invasive procedure
for alcohol or controlled drug use.
3.
Testing following an accident. The Mayor of
the City, or in his/her absence the department head or supervisor
of the employee involved in an accident or in which the employee injures
the person or property of another, shall require the employee to immediately
submit to a test for alcohol or controlled drug use. Testing shall
be by urinalysis or other non-invasive procedure.
C.
Disciplinary Action And Other Alternatives.
1.
Disciplinary action.
a.
Any employee failing to pass an alcohol or controlled drug use test may be discharged under the procedures set forth in Chapter 145 of the City Code. Any employee who fails to submit to a random test for alcohol or controlled drug use or who fails to submit to a test for alcohol or controlled drug use following an accident may be discharged under the procedures set forth in Chapter 145 of the City Code.
b.
Any employee while on duty or proceeding to or from work, who
is required to submit to an alcohol, drug or chemical test by any
Federal, State or local law enforcement agency and who fails to pass
that test, may be discharged.
2.
Treatment and rehabilitation. As an alternative
to discharge, the Mayor of the City, subject to approval of the Board
of Aldermen, may allow an employee to undertake a course of treatment
for alcohol or substance abuse. Cost of treatment shall be paid by
the employee and the City shall not assume responsibility for the
cost of such treatment. Successful completion of a treatment and rehabilitation
program may be considered by the Mayor and the Board of Aldermen in
its discipline of the employee, but shall not be a bar to discipline
or discharge.
3.
Confidentiality. All records developed and/or
acquired pursuant to this policy shall be maintained under strict
confidentiality by the City and the testing facility. The records
shall be maintained separately from other personnel records kept by
the City and shall be stored in a secure location with other medical
records. Test results and related records shall not be released to
others without the written consent of the affected employee, except
in cases of litigation or quasi-judicial or administrative proceedings
relating to positive test results and except in matters initiated
by an affected employee.
D.
Coordination With Other Laws And Policies.
1.
This policy does not displace any other penalties that may be
imposed or incurred as a result of violation of City policy or State
and Federal law or as provided in the Workers' Compensation law.
2.
This policy shall be administered in compliance with other Federal,
State and local laws in relation to employee health and welfare, leave
policies and benefit programs. In the event that any part of this
policy is judicially determined to be in conflict with any law or
in violation of any law or rendered ineffective because of some State
or Federal legislative enactment, that part shall be void, but the
remainder of the policy shall remain in effect.
E.
Amendment Of Policy. This policy may be amended
from time to time by the governing board of the City. This policy
statement shall be prominently displayed in the employees' work
areas. Conspicuous display of this policy in an employee's workplace
shall be deemed adequate notice to the employee of the policy and
any amendments thereto.
