[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. 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.
[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.
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:
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, after three (3) calendar days.
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.
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.
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 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.
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:
c.
Inability to walk a straight line;
d.
An accident involving City property
or City personnel;
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.