[R.O. 2003 § 117.010; CC 1997 § 23.010]
The following terms shall have the following meanings when used in this Chapter:
ANNIVERSARY DATE
The day and month when an employee began his/her employment with the City. This date shall be used to compute the amount of vacation leave and sick leave earned and may be used to determine an employee's seniority status and/or date for salary review.
EMPLOYEE
1. 
Class A: All new employees (not including those hired as Class D or Class E employees) designated as full-time or part-time by the Mayor and Board of Aldermen shall be designated as Class A employees for a period of ninety (90) days. This ninety-day period is considered a probation during which the employee has an opportunity to demonstrate proper conduct and abilities for the position for which employed. Such an employee may be dismissed at any time during the probationary period for the same reasons as any other employee, including for the good of the service. At the end of the ninety (90) days, the new employee's work will be evaluated and either:
a. 
The status of the employee will be changed to Class B; or
b. 
The probationary period will be extended for up to ninety (90) days, at the discretion of the Mayor and Board of Aldermen. If probation is extended, after the duration of the extended probationary period, the employee's work will be evaluated again and if sufficient deficiencies are found, the employee will be terminated for the good of the service. Upon satisfactory completion of the probationary period, the employee shall be given Class B status.
2. 
Class B: A Class B employee is one designated full-time by the Mayor and Board of Aldermen and is assigned to a position which requires forty (40) or more hours per week and is established due to regular and ordinary employment needs of the City. A Class B employee may participate fully in the Employee Benefit Plan.
3. 
Class C: A Class C employee is one who is designated as part-time by the Mayor and Board of Aldermen and who is assigned to a position which requires less than forty (40) hours per week and is established due to regular and ordinary employment needs of the City. A Class C employee may not participate in the Employee Benefit Plan unless special authorization is received from the Mayor and Board of Aldermen.
4. 
Class D: A Class D employee is one who is assigned to a position which requires full-time or part-time service, is established due to unusual or seasonal circumstances, and will continue for a specified period of time. Class D employees do not participate in the Employee Benefit Plan.
5. 
Class E: A Class E employee is one who is assigned to a position by the Mayor and Board of Aldermen at a time when the need for immediate help is required due to circumstances which preclude the normal recruitment procedure being used. The Mayor and Board of Aldermen may waive the standard procedure as established by these policies and fill these emergency positions as they may determine necessary. A Class E employee is not eligible to participate in the Employment Benefit Plan.
6. 
Class F: A Class F employee is one with a volunteer status. Any person working for the City as a volunteer is granted that volunteer status at the discretion of the Mayor and Board of Aldermen. A Class F employee is not eligible to participate in the Employee Benefit Plan.
JOB CLASSIFICATION
An employee's major area of responsibility and his/her classification in the City organization. Job classification shall not be construed to mean that the particular job is the employee's sole work responsibility or function. All employees will be utilized as needed. Job classifications (job descriptions) will be prepared by the City Administrator.
[R.O. 2003 § 117.020; CC 1997 § 23.020]
All vacancies occurring in the City service shall be filled in accordance with Section 115.070 of this Code.
[R.O. 2003 § 117.030; CC 1997 § 23.030; Ord. No. 937-00 § 1, 3-27-2000; Ord. No. 1133-15 § 1, 3-23-2015]
A. 
Except as otherwise approved by the Board of Aldermen, the following residency requirements for City employees will apply:
1. 
All Class A and Class B employees of the City of Gallatin, Missouri, shall reside within a twenty-five (25) mile radius of the City limits of the City of Gallatin, Missouri.
2. 
The Chief of Police shall reside within a five (5) mile radius of the City limits of the City of Gallatin, Missouri.
3. 
City Police Officers shall reside within a five (5) mile radius of the City limits of the City of Gallatin, Missouri, but, with the approval of the Chief of Police and the City Administrator, may reside within a twenty-five (25) mile radius of the City limits of the City of Gallatin, Missouri.
[R.O. 2003 § 117.040; CC 1997 § 23.040; Ord. No. 990-02 § 3, 10-28-2002]
Any employee of the City (Class A through F) may resign by submitting in writing to the Mayor and Board of Aldermen such resignation stating the reasons therefor and the effective date of the departure from employment by the City. A minimum of two (2) weeks' advance written notice to the Mayor and Board of Aldermen is required before leaving the employment of the City; however, three (3) days' absence from the job without authorized leave or written resignation shall constitute a resignation. Failure to give such notice shall mean the forfeiture of the employee's right to any benefits from accrued vacation leave.
[R.O. 2003 § 117.050; CC 1997 § 23.060]
Unauthorized tardiness or absence may result in corrective or disciplinary procedures being followed.
[R.O. 2003 § 117.060; CC 1997 § 23.070]
An employee may hold another job outside of City employment, provided that it does not interfere with duties of the City job, there is no conflict with the employee's regular working hours, it does not affect the employee's efficiency in his/her work and does not conflict or interfere with the interests of the City. An employee of the City may not engage in outside business activities while on duty, nor may City property be used for any outside employment by any employee.
[R.O. 2003 § 117.070; CC 1997 § 23.080]
No employee of the City shall have a financial interest, direct or indirect, in any contract to which the City is a party, nor shall any employee be financially interested, directly or indirectly, in the sale or purchase of any City property, real, personal or mixed, including, but not limited to, land, material, supplies or services except on behalf of the City. An employee of the City shall not accept entertainment, money or gifts offered by or on behalf of suppliers or contractors currently serving or potentially serving the City.
[R.O. 2003 § 117.080; CC 1997 § 23.090]
Every employee is expected to perform his/her job in an efficient, effective manner with the utmost consideration for his/her own personal safety as well as the safety of others. If an employee should encounter conditions which are felt to be dangerous to other employees or to the public, he/she should report such conditions to his/her supervisor immediately. All accidents shall be reported to the supervisor immediately and also to the City Clerk. If an injury requires medical attention, a fellow employee shall accompany the injured employee to a physician as may be required. The City Clerk shall notify the Mayor and Board of Aldermen immediately of any accident upon its being reported to him/her. Such report shall include the name of any injured employee(s), the time, location, and the details pertaining to the cause and nature of the accident.
[R.O. 2003 § 117.090; CC 1997 § 23.100]
No employee shall use City-owned vehicles or equipment for his/her own personal use, the personal use of any employee or other person. Any employee of the City who drives a City-owned vehicle must have the appropriate Missouri chauffeur's or operator's license. Only those authorized by the Mayor and Board of Aldermen may ride in or on City vehicles. Unlawful or improper use of City-owned vehicles is cause for disciplinary action, including termination.
[R.O. 2003 § 117.100; CC 1997 § 23.110]
It is the policy of the City of Gallatin to discourage overtime work except when required to safeguard public health, safety and/or property. Overtime allowance will apply to all employees except those found to be exempt under the Fair Labor Standards Act, as amended.[1] Non-exempt employees who work in excess of the minimum number of hours in the workweek or work period will be paid one and one-half (1 1/2) times their hourly rate for all hours in excess of the number of allowable hours. All paid leave time worked (if an employee is required to work on a holiday, for the hours worked on that day – Midnight to Midnight – he/she will receive pay both for working and for the holiday hours) or away from the job will be included in calculating allowable hours. Non-exempt employees, when required to work outside their normal work schedule, may, with the approval of their supervisor, be allowed time off their normal work schedule for needed rest, etc. Such hours will not be included in calculating allowable hours.
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
[Ord. No. 1154-16 § 1, 2-8-2016]
A. 
Compensatory time shall only be granted to employees eligible for overtime.
B. 
Compensatory time accruals shall not exceed forty (40) hours per individual, subject to further restrictions pursuant to department rule and regulations, and compensatory time accruals shall be paid upon separation at a rate not less than:
1. 
The average regular rate received by the employee during the last three (3) years of employment; or
2. 
At the final regular rate received by the employee, whichever is higher.
C. 
Employees shall be given an option of receiving paid overtime remuneration or compensatory time off. Employees should sign an agreement as to which option is being elected. Employees may only make one (1) election per pay period.
D. 
An employee moving from an overtime eligible position to an overtime exempt position shall be paid for all compensatory time on the books in the employee's paycheck that includes final hours worked in the overtime eligible position.
[R.O. 2003 § 117.110; CC 1997 § 23.120; Ord. No. 949-00 § 1, 12-26-2000; Ord. No. 990-02 §§ 1 — 2, 10-28-2002]
No retired employee will receive paid group health or life insurance benefit after retirement from the City of Gallatin. Employee will be able to have continued coverage through COBRA if they choose to do so.
[R.O. 2003 § 117.120; CC 1997 § 23.130; Ord. No. 990-02 § 5, 10-28-2002; Ord. No. 1008-03 § 1, 10-20-2003]
A. 
Vacation time is granted so that each employee shall be benefitted mentally and physically by a period of rest and relaxation during the year. Vacation shall be based on length of continuous service. Vacation time shall be approved by the Mayor and Board of Aldermen prior to the taking of vacation. Only upon separation shall payment be made in lieu of vacation and that in accordance with Sections of this Code pertaining thereto.
1. 
Class B employees and Class C employees who consistently work thirty (30) hours or more per week shall be entitled to vacation leave with pay based on the following schedule:
Years of Service Since Last Hiring Date
Hours Earned Each Month
=
Days Earned Each Year
0 – 10
6 2/3
10
10
10
15
Total maximum accumulation of vacation leave for these employees may not exceed one hundred sixty (160) hours.
2. 
A "year," as used in this Section, refers to an anniversary year, which is measured from anniversary date. Employees separating prior to six (6) consecutive months' service shall not be paid for any vacation leave credited. In case of an employee's death his/her surviving heirs or estate shall be paid for the employee's accumulated leave when such would otherwise be paid to the employee.
3. 
Scheduling Vacation.
a. 
Vacation leave shall be scheduled by the supervisors with the approval of the Mayor and Board of Aldermen. The following considerations shall control the scheduling of vacations:
(1) 
Minimum interruption of normal work schedule.
(2) 
Earliest request received.
(3) 
Seniority of employee.
(4) 
Employee's desire.
b. 
Supervisors shall limit the number of employees on vacation at any one time so that the necessary work can be completed without additional Class C or Class D employees. When too many employees desire the same vacation schedule and have requested such simultaneously, the senior employee shall be given preference. Employees having more than eighty (80) hours accumulated vacation may be required to split vacation time so that other employees may be granted vacation in accordance with their requests.
4. 
Vacation Entitlements And Minimums.
a. 
Class B and Class C employees shall not be entitled to any vacation leave during the first twelve (12) months of their employment. When the initial twelve (12) months of their employment is completed, such employees as otherwise allowed shall be eligible to take vacation leave based on leave hours accumulated from last hire date and these policies and procedures.
b. 
Class A, Class D, Class E and Class F employees are not entitled to vacation leave.
c. 
No City employee shall be eligible to take vacation leave which has not been earned.
d. 
It is recommended that vacation leave be scheduled for at least one (1) full week at a time. The Mayor and Board of Aldermen may approve vacation in smaller increments.
5. 
Beginning the first day of anniversary date of employee's employment date, the employee will be credited with allowable vacation hours. Employees may carry no more than three (3) weeks [one hundred twenty (120) hours] of earned vacation time into the next year. Vacation leave will be taken in either whole or half (1/2) day. Vacation leave must be pre-arranged and approved by supervisor one (1) week prior to taking leave with the exception of emergencies. Supervisor shall notify City Administrator of when an employee is taking vacation leave.
[R.O. 2003 § 117.130; CC 1997 § 23.140; Ord. No. 990-02 § 4, 10-28-2002]
A. 
The City is aware that illness and non-job-related injury may interrupt the services of an employee and has made accommodations for such occurrences. The following sick leave policy has been developed to ease the financial burden during absences from work and to provide a uniform and equitable benefit for City employees.
1. 
Class A employees, Class B employees and Class C employees who consistently work thirty (30) hours or more per week shall be entitled to sick leave with pay based on the following schedule:
Years of Service Since Last Hiring Date
Hours Earned Each Month
Days Earned Each Year
0+
8
12
Total maximum accumulation of sick leave for these employees may not exceed three hundred sixty (360) hours [forty-five (45) eight-hour days].
2. 
Class D, Class E and Class F employees are not entitled to sick leave.
3. 
No City employee shall be eligible to take sick leave which has not been earned.
4. 
Use Of Sick Leave. Sick leave may be granted for the following reasons only:
a. 
Employee illness.
b. 
Illness of member of employee's immediate family (immediate family as defined in Section 117.180 of this Chapter).
c. 
Medical, dental or optical treatment or diagnosis which is necessary during regular working hours. When possible, the employee's schedule will be adjusted by his/her supervisor to accommodate the above without use of sick leave or requiring the employee to lose any pay he/she would normally receive.
d. 
Quarantine due to exposure to contagious disease. A doctor's certificate showing that the employee should not work may be required if an employee takes more than three (3) consecutive days or when otherwise deemed appropriate by the Mayor and Board of Aldermen.
5. 
A "year," as used in this Section, refers to an anniversary year, which is measured from anniversary date to anniversary date.
6. 
If an employee leaves employment from the City of Gallatin, no unused sick leave will be paid to the employee. If an employee is off work for three (3) days or more, the employee must submit a doctors excuse to the City Administrator.
[Ord. No. 1162-16 § 1, 4-25-2016]
A. 
Employees eligible to accrue sick time shall be granted the ability to donate their accrued sick time to another eligible associate.
B. 
Employees are not required nor limited to the number of hours they can donate.
C. 
Sick time will be reduced for one employee and increased for the other employee for the same amount of hours within the payroll system.
D. 
The employee receiving the donated sick time will be paid out based on their current hourly wage.
[R.O. 2003 § 117.140; CC 1997 § 23.150]
A. 
It is the policy of the City of Gallatin to provide leave for employees who incur disabilities which can logically and medically be proven to be the result of accidental injury arising in the course of employment with the City. Injury leave shall be the necessary absence of an employee from duty because of an injury suffered while properly performing the duties of the position without negligence or misconduct on the part of the employee.
1. 
Length Of Leave.
a. 
Injury leave may be granted by the Mayor and Board of Aldermen for such time as the injured employee is unable to return to work due to service-connected injury; but in no event shall this be in excess of sixty (60) days. For the first three (3) days while on injury leave, the employee shall be paid at his/her normal salary, but exclusive of incentive pay, compensatory leave pay, sick leave pay, vacation pay, holiday pay, and other such allowances.
b. 
At the conclusion of the sixty-day period, an injured employee who is unable to return to work, as determined by the City's designated physician, may be placed on personal leave without pay or terminated for the good of the service at the discretion of the Mayor and Board of Aldermen, as permitted by State law. The decision to terminate an employee at the end of the injury leave period shall be made after consideration of such factors as the extent of the injury, supportive medical information, prognosis of condition, work record of employee, and other relevant information. If the employee is terminated, accrued vacation and any compensatory time will be allowed at the end of injury leave.
2. 
Temporary Total Disability Benefits.
a. 
All employees who incur disabilities which are logically and medically the result of accidental injury while on the job shall be entitled to all benefits provided by the Missouri State Workers' Compensation Law,[1] after three (3) calendar days.
[1]
Editor's Note: See § 287.010 et seq., RSMo.
b. 
Normal salary, exclusive of incentive pay, compensatory leave pay, sick leave pay, vacation pay, holiday pay and other such allowances, will be continued for the first three (3) calendar days only, for the days the employee was scheduled to work of the three (3), when such absence is supported by medical documentation.
3. 
Definition Of Injury And Accident. The definition of "injury" and "accident" shall be according to Missouri State law as it pertains to workers' compensation law.
4. 
Employee Responsibilities. The following procedures are to be followed when an injury is sustained, while on the job, requiring medical attention:
a. 
Employees shall report any injury received while on the job as soon as practical to their supervisor and to the City Clerk regardless of the extent of the injury.
b. 
Employees may use their personal physician at the hospital; however, the City reserves the right to have a City designated physician examine the employee. The injured employee or the employee's supervisor must obtain a medical authorization from the Mayor and Board of Aldermen prior to treatment. Exceptions to this procedure will be granted in case of an emergency.
c. 
The Mayor and Board of Aldermen shall receive a full report on any injury, signed by the employee, if possible, and the immediate supervisor. The City Clerk will then file the report of injury in accordance with the Missouri State Workers' Compensation Law.[2]
[2]
Editor's Note: See § 287.010 et seq., RSMo.
d. 
Employees on temporary total disability (TTD) shall return to duty at the earliest practical date, but in no case earlier than the date through which the employee is paid for temporary total disability by City's Workers' Compensation insurer (a doctor's release does not allow a worker to return to work on days for which TTD money is received). Employees desiring to return to duty but unable to work may be assigned to light or limited duty as recommended by the attending physician. Returning to work requires specific approval from the Mayor and Board of Aldermen.
e. 
Employees will be required to submit proof of continuing disability, as may be required by the City Personnel Officer or Board of Aldermen.
f. 
In the event that an injured employee seeks medical consultation and/or treatment which is not approved or prescribed by a City designated physician, the cost for such consultation and/or treatment shall not be paid by the City of Gallatin without approval of the Mayor and Board of Aldermen when a City designated physician is involved.
g. 
Any employee who shall receive payment for work performed for any employer, including being self-employed, other than the City of Gallatin while on temporary total disability will be subject to immediate dismissal for the good of the service. This provision shall also apply to employees who are self-employed or perform work in their private occupation while on temporary total disability or injury leave.
[R.O. 2003 § 117.150; CC 1997 § 23.160]
A. 
Employees shall be entitled to leave with pay at the rate of pay they are receiving at the time of such leave under the following special circumstances:
1. 
Pallbearer. Special leave may be granted up to one-half (1/2) day at the discretion of the employee's immediate supervisor for an employee to serve as a pallbearer.
2. 
Jury Duty. Special leave may be granted to an employee to serve when called to jury duty or otherwise required by subpoena to appear before a court or body with subpoena power. Pay received from the court for such service shall be paid to the City. Expense reimbursements made by the court shall be retained by the employee. The City will reimburse employees for expenses only when the court does not do so.
[R.O. 2003 § 117.160; CC 1997 § 23.170]
An employee shall be entitled to three (3) days' emergency leave with pay per anniversary year at the rate in effect at the time the leave is taken by an employee in case of a death or serious illness in his/her immediate family or emergency as determined by the appropriate employee supervisor. "Immediate family" shall mean spouse, mother, mother-in-law, stepmother, father, father-in-law, stepfather, grandfather, grandmother, sister, stepsister, brother, stepbrother, son, son-in-law, stepson, daughter, daughter-in-law and stepdaughter. Emergency leave shall be granted at the discretion of the appropriate City department supervisor and may be extended without pay or deducted from other accrued leave at the discretion of the Mayor and Board of Aldermen.
[R.O. 2003 § 117.170; CC 1997 § 23.180]
A. 
Maternity leave, leave without pay, shall be granted to any Class B employee for up to sixty (60) days and may be extended thereafter at the discretion of the Mayor and Board of Aldermen. The Mayor and Board of Aldermen may require a doctor's verification and certification in considering any request for extension of maternity leave beyond sixty (60) days. Any Class B employee may use his/her accrued sick leave to take time off for purposes of arranging for the adopted child's placement.
B. 
Paternity leave, leave without pay, shall be granted to any Class B employee for up to three (3) days.
[R.O. 2003 § 117.180; CC 1997 § 23.190]
A. 
Regular full-time employees who are members of the National Guard of Missouri, the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve or Coast Guard Reserve shall be entitled to a leave of absence on all days that they are under orders or authorization for active training duty or duty with troops or at field exercises for instruction. Leave without differential loss of pay is not to exceed fifteen (15) working days in any one (1) calendar year. The employee will be paid the difference between military pay and regular pay.
B. 
Such request for leave of absence shall be accompanied by a copy of official orders requiring such training.
C. 
All military leave shall be governed by Section 105.270, RSMo.
[R.O. 2003 § 117.190; CC 1997 § 23.200]
A. 
The workweek shall be from Saturday Midnight to Saturday Midnight.
B. 
City Hall shall be open Monday through Friday from 7:30 A.M. to 4:30 P.M., except for holidays. Employees' work schedules shall be established by their supervisor. Employees may be required to work more than eight (8) hours a day, on Saturday, Sunday or holidays, as necessary.
C. 
Employees may take two (2) fifteen (15) minute rest breaks during a workday; one (1) during the morning and one (1) during the afternoon, which shall be taken on the job site whenever possible. No special trips shall be made to cafes or convenience stores for rest breaks.
D. 
The lunch break shall normally begin at Noon and last for one (1) hour. Any changes or different lunch schedules shall be established by the employee's immediate supervisor. The employee's immediate supervisor will be responsible for determining when and where breaks may be taken.
[R.O. 2003 § 117.200]
All salaries shall be adopted by ordinance by the Board of Aldermen and shall be on file in the City offices.
[R.O. 2003 § 117.210; CC 1997 § 23.230]
A. 
Purpose.
1. 
This policy provides guidelines for the detection and deterrence of alcohol and controlled substance abuse. It also outlines the responsibilities of management and employees. It is the policy of the City of Gallatin to maintain a safe, healthful and productive work environment for all employees. To that end, the City will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee's ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale, or tends to undermine public confidence in the City's work force. Violations of the policy may result in discipline, up to and including termination.
2. 
In recognition of the serious duty entrusted to the employees of the City, with knowledge that substance abuse hinders a person's ability to perform duties safely and effectively, the following policy against such abuse is hereby adopted by the City of Gallatin.
B. 
Policy.
1. 
It is City policy that employees shall not report to work under the influence of alcohol or controlled substances, or have the odor of alcohol or controlled substances on their breath, or manufacture, ingest or possess, while on duty, or ingest while "on call" or during a period when they have been forewarned of a possible emergency call-out (snowstorms, severe windstorms, etc.). Employee shall not buy, receive, sell or provide controlled substances or alcohol to or from any other employee or to any person while such employee is on duty or have their ability to work impaired as a result of the use of alcohol or controlled substances. Exceptions to particular portions of this Subsection may be made only with the prior consent of the Mayor.
2. 
While use of medically prescribed medications and drugs is not per se a violation of this policy, failure by an employee to notify his/her supervisor, before beginning work, when taking medication or drugs that may interfere with the safe and effective performance of duties of operation of City equipment can result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician will be required.
3. 
Employees who are called in for service also should be aware that if they have been consuming alcoholic beverages in such quantities as to potentially interfere with the safe and effective performance of their duties or operation of City equipment prior to their call-in, they should notify their supervisors, at the time of the call-in or as soon as possible, otherwise such failure can result in discipline, up to and including termination.
4. 
During special, infrequent occasions such as retirement or holiday parties, consumption of alcoholic beverages may be allowed but only upon specific approval by the Mayor. On such authorized occasions, individual consumption of alcohol must be limited in order to avoid impairment of the employee's ability to perform his/her normal duties in a safe and efficient manner upon return to work. Further, if employee is instructed to cease alcohol consumption by the Mayor, the employee shall immediately comply.
5. 
Any employee whose off-duty use of alcohol or a controlled substance results in a violation of this drug policy, including, but not limited to, excessive absenteeism or tardiness, accidents, or inability to perform duties in a satisfactory manner shall be disciplined up to and including termination of employment.
6. 
The City reserves the right to search, without employee consent, all areas and property in which the City maintains joint control with the employee, or full control. All City vehicles are subject to search by appropriate management personnel.
7. 
Violations of this policy shall be grounds for disciplinary action, up to and including termination of employment. Refusal to submit immediately to an alcohol and/or controlled substance analysis when requested by management will constitute insubordination which alone will form a basis for discipline, up to and including termination of employment.
8. 
Employees reasonably believed to be under the influence of alcohol or controlled substances shall be prevented from engaging in further work and shall be instructed to wait a reasonable time until an authorized City representative can transport the employee from the work site.
C. 
Application.
1. 
Personnel. All employees of the City of Gallatin and all applicants for employment; however, the applicant substance abuse policy is limited to those matters contained within Subsections (I) and (J) of this Section.
2. 
Substances.
a. 
Alcohol.
b. 
Controlled substances, which shall be defined as any substance which an individual may not sell, possess, use or distribute under the laws of the Federal Government or the State of Missouri, as well as prescription drugs obtained without authorization or prescribed drugs and over-the-counter drugs not being used for their intended purposes.
D. 
Employee Responsibilities. An employee must:
1. 
Not report to work or be subject to duty while his/her ability to perform job duties is impaired due to alcohol or controlled substance use, on or off duty;
2. 
Not manufacture or possess or use, or have the odor of alcohol or controlled substances on his/her breath during working hours, on breaks, or during meal periods, while on City property in an official capacity, or while operating any City vehicle or equipment;
3. 
Not directly or through a third-party manufacturer, sell or provide controlled substances or alcohol to any person or any other employee while either employee or both employees are on duty or are "on call";
4. 
Submit immediately to alcohol and/or controlled substance analysis when requested by the Mayor or Alderman;
5. 
Notify his/her supervisor before beginning work when taking medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of City equipment; and
6. 
Provide within twenty-four (24) hours of request a current valid prescription for any drug or medication identified when a controlled substance screen/analysis is positive. The prescription must be in the employee's name. The City shall have the right to contact employee's physician to verify effects of prescription medication. Employee will be required to execute any medical release necessary to obtain this information.
7. 
Notify his/her supervisor of any criminal drug Statute conviction for a violation occurring while on duty or on call no later than five (5) days after such convictions.
E. 
Grounds For Analysis.
1. 
The City shall have the right, with or without cause, to require that an employee submit to urinalysis and/or other analysis for controlled substances and alcohol at any time while at work. "With cause" circumstances include, but are not limited to, the following:
a. 
Following each accident within the workplace resulting in property damage or personal injury, "property damage" shall mean all property but excluding City vehicles;
b. 
Where the City has reasonable suspicion that the employee is under the influence of and/or has recently ingested a controlled substance and/or alcohol;
c. 
Where the employee had failed prior urinalysis and/or other analysis for controlled substances and alcohol within the last twelve (12) months;
d. 
Prior to his/her return from drug or alcohol rehabilitation leave if such rehabilitation leave has been previously granted;
e. 
Prior to his/her return from any other leave during which the employee was subject to the use of prescribed or over-the-counter drugs or medication which could impair his/her ability to perform their job duties, or after the employee has been the subject of alcohol or drug treatment or rehabilitation; or
f. 
Following each vehicle accident where the value of the final assessment on the Driver Assessment Form is six (6) points or greater, provided below. (See "Driver Assessment Form" which is on file in the City offices.)
2. 
The City shall designate the physician, health care institution, clinic and/or laboratory (NIDA-certified[1] only for drugs) to carry out the provisions of such analysis, as well as the date and time of day the analysis shall be carried out. The City shall be responsible for the expenses incurred for the initial analysis.
[1]
Editor's Note: "NIDA" refers to the National Institute on Drug Abuse.
3. 
Each employee to be tested shall cooperate fully; execute and complete truthfully such documents and releases as may be required by the physician, health care institution, clinic and/or laboratory; and authorize a written report of the results and/or other relevant records and testimony to be submitted to the City.
4. 
Drugs to be tested for:
Drug Class
Screening Cut-Off Limit
(ng/ml)
Confirmation Cut-Off Limit
(ng/ml)
Amphetamines
1,000*
500*
Barbiturates
300
200
Benzodiazepine
300
300
Benzoylecgonine (cocaine metabolite)
300*
150*
Cannabinoids (THC)
100*
15*
Methadone
300
300
Methaqualone
300
100
Opiates
300*
300*
Phencyclidine (PCP)
25*
25*
Alcohol
Will conform to State of Missouri driving intoxication levels
*
Cut-off limits established by the Department of Health and Human Services in their Mandatory Guidelines for Federal Workplace Drug Testing Programs.
5. 
Test Methodology. Screening test will be performed with immunoassay type test and, upon finding a positive with the screen test, the sample will be confirmed by the use of a gas chromatography-mass spectrometry (GC-MS) test.
6. 
Specimen Collection Procedures. Collection will be unwitnessed but will be temperature tested for authenticity. The employee will observe the specimen sealed in a tamperproof sealed container, with container signed for and dated by collection site personnel.
F. 
Results Of Controlled Substance And/Or Alcohol Analysis.
1. 
If an employee complies with the analysis procedures as set forth above, but if the testing reflects the presence of a controlled substance (other than as per a physician's order):
a. 
On the first occasion, he/she shall be subject to discipline, including discharge, and/or immediately be placed on a rehabilitation leave described below, at the City's option. Should rehabilitation leave be utilized, the employee may use vacation or sick leave benefits if available, otherwise the rehabilitation leave shall be unpaid.
b. 
On the second such occasion, the employee shall be discharged.
2. 
If an employee complies with the analysis procedures as set forth above, but if the testing reflects the presence of alcohol:
a. 
On the first such occasion, he/she shall be subject to discipline, including discharge, and/or immediately be placed on a rehabilitation leave described below, at the City's option. Should rehabilitation leave be utilized, the employee may use vacation or sick leave benefits if available, otherwise the rehabilitation leave shall be unpaid.
b. 
On the second such occasion, the employee shall be discharged.
3. 
Challenges To Positive Results.
a. 
An employee may challenge the results of a positive test by notifying the Mayor, in writing, within twenty-four (24) hours of the employee's notice of such positive results.
b. 
All costs associated with the original specimen retest will be done by the employees presenting the challenge.
4. 
The purpose of the rehabilitation leave shall be to allow the employee to seek medical treatment, at his/her expense, with the goal of the employee returning to the workplace as a productive and safe employee. The rehabilitation leave shall operate as follows:
a. 
Within seven (7) days of the start of the rehabilitation leave, the employee shall submit to the City an initial written report of a health care institution, physician or clinic (reasonably qualified within the discretion of the City) outlining the plan of treatment for the employee, as well as the anticipated duration thereof. On an as-needed basis thereafter, the employee shall submit to the City a written report of the physician, health care institution or clinic outlining the employee's treatment and progress and confirming his/her cooperation therein.
b. 
The employee will be provided a reasonable time, not to exceed sixty (60) days, to successfully complete the plan of treatment and obtain the necessary medical release to return to work. The employee must cooperate fully with his/her treatment provider so that such leave is not unnecessarily prolonged. Any employee who fails to cooperate fully with his/her treatment provider and/or unnecessarily prolongs their treatment program is subject to discharge. Any rehabilitation program involving sixty (60) days or more of the employee's time must be approved in advance by the City.
c. 
The employee shall give at least two (2) weeks' written notice of the date he/she intends to return to work, which notice shall be accompanied by the written report of the physician, health care institution or clinic reflecting that the employee can safely return and perform all work duties.
d. 
During the two-week notice period, the employee shall submit to analysis pursuant to those terms set forth above.
e. 
During and after the rehabilitation leave, the employee shall execute such documents as may be necessary to allow the City to consult with the physician, health care institution and/or clinic and to obtain copies of all of the pertinent records and reports; and to allow the physician, health care institution and/or clinic (and their agents) to testify in any proceeding arising as a result of this policy.
f. 
Upon successful completion of rehabilitation leave, the employee shall return to work.
G. 
Each employee who fails to comply with any or all of the above procedures and policies is subject to discharge.
H. 
Management Responsibilities And Guidelines.
1. 
Supervisors and/or department directors (hereinafter "supervisor") are responsible for consistent enforcement of this policy. Any supervisor who knowingly permits a violation of this policy by employees under his/her direct supervision shall be subject to disciplinary action, up to and including termination of employment.
2. 
Supervisors may request that an employee submit to a controlled substance and/or alcohol analysis when a supervisor has a reasonable suspicion that an employee is using or under the influence of a controlled substance and/or alcohol. "Reasonable suspicion" is a belief based on objective and statable facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of a controlled substance or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced.
For example, any of the following, alone or in combination, may constitute reasonable suspicion:
a. 
Slurred speech;
b. 
Alcohol on the breath;
c. 
Inability to walk a straight line;
d. 
An accident involving City property or City personnel;
e. 
Physical altercation;
f. 
Verbal altercation;
g. 
Behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority;
h. 
Possession of alcohol or controlled substances;
i. 
Information obtained from a reliable person with personal knowledge.
3. 
Any supervisor requesting an employee to submit to a controlled substance and/or alcohol analysis should immediately notify the Mayor or other City Alderman to meet him/her to observe the employee's behavior. Should the Mayor or Alderman concur that the employee appears to be in violation of the policy, the following procedure shall immediately be applied:
a. 
The supervisor should document in writing the facts constituting reasonable suspicion that the employee in question is using or under the influence of controlled substances and/or alcohol. This information shall be stated on the Substance Abuse Policy Report Form.
b. 
Any supervisor requesting an employee to submit to a controlled substance and/or alcohol analysis shall be responsible for the employee's transport to the City's designated physician, health care institution, clinic and/or laboratory where a controlled substance and/or alcohol test will be requested.
c. 
Any supervisor encountering any employee who refuses to submit to a controlled substance and/or alcohol analysis upon request should remind the employee of the requirements and consequences of this policy. Any employee refusing to submit to a controlled substance and/or alcohol test shall not be forced to submit to such testing. The supervisor shall wait a reasonable time until an authorized City representative can transport the employee home.
d. 
Supervisors shall not physically search employees.
e. 
Supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a prescription.
f. 
Supervisor noting illegal or criminal behavior with controlled substances should notify the Mayor for subsequent law enforcement action. No threats of police action should be made at anytime.
I. 
Applicant Testing.
1. 
Applicants for employment with the City may be subject to voluntary substance abuse analysis.
2. 
A positive result from a substance analysis may result in the applicant not being hired. The Mayor and Alderman shall decide whether the applicant may be hired after considering all relevant information, including discussions with the City health care provider, the applicant's medical history and position applied for.
3. 
An applicant may challenge the results of a positive test by notifying the Mayor, in writing, within twenty-four (24) hours of the applicant's notice of such positive results. All costs associated with the retest will be borne by the applicant presenting the challenge.
J. 
Confidentiality. Laboratory reports or test results shall appear in an employee's or applicant's confidential medical file. The reports or test results may be disclosed to City management on a strictly need-to-know basis and to the tested employee or applicant upon request. Disclosures, without patient consent, may occur when:
1. 
The information is compelled by law or judicial or administrative process;
2. 
The information has been placed at issue in a formal dispute between the employer and the employee or applicant;
3. 
The information is to be used in administering an employee benefit plan;
4. 
The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. All exceptions to this policy must be approved by the Mayor.