[HISTORY: This Chapter is derived from Ord. No. 143, 12-8-1998; Ord. No. 251, 10-13-2009; Ord. No. 295, 4-10-2014; Ord. No. 318, 6-9-2015; Ord. No. 343, 10-10-2017; and Ord. No. 352, 4-10-2018. Subsequent ordinance amendments are noted in the text at the location of the revised wording.]
A. 
The City of Leadington was incorporated as a Village in 1959. It was voted into a Fourth Class City in June of 1976.
B. 
The Mayor and four (4) members of the Board of Aldermen are elected by the residents at large to govern the City. The Board of Aldermen approves the budget and adopts ordinances and resolutions establishing the laws and policies and directs the day-to-day operations of the City Government.
C. 
The City delivers a wide range of municipal services to the residents and businesses of our community.
D. 
The purpose of the Personnel Manual is to provide information about the personnel policies and procedures of the City. Our goal is to provide all employees fair management, competitive salaries, good benefits, opportunities for personal growth, and a safe and pleasant workplace.
E. 
This manual outlines the employee benefits provided by the City and provides general information regarding, among other items, the fair and equitable settlement of all disputes, leaves of absence, and the equitable/non-discriminatory standards for selection, classification, and compensation. It is not, however, the intent of the City to grant any employee any contractual commitment, expressed or implied, by the issuance of this Personnel Manual.
F. 
The provisions of this Manual may be changed at any time without prior notice to employees.
If and when policies, benefits, or rules are changed, employees will be given replacement pages for those that have become outdated.
G. 
The Manual should provide most of the information about employment with the City. Employees are asked to read this Manual carefully and refer to it whenever questions arise. Specific questions or concerns should be addressed to the Mayor and the Board of Aldermen. Employees are encouraged to take this Manual home so that family members become familiar with City policies.
H. 
The City of Leadington requires all staff at all times to act honestly and with integrity and to safeguard the public resources for which they are responsible. The City of Leadington will not accept any level of fraud or corruption; consequently, any case will be thoroughly investigated and dealt with appropriately. The City of Leadington is committed to ensuring that opportunities for fraud and corruption are reduced to the lowest possible level of risk.
The following words, terms, and phrases, when used in this Manual, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.
CITY
The Municipal Corporation of the City of Leadington, Missouri.
DAY
A twenty-four-hour period of time beginning at 12:01 A.M. and continuing until 12:00 Midnight.
EXEMPT EMPLOYEE
A person whose position is excluded from specific provisions of federal and state wage and hour laws.
FULL-TIME EMPLOYEE
A person employed by the City on a constant and continuous basis, on a schedule of more than thirty-two (32) hours per seven-day work period, and whose primary source of income from employment is received from the City.
GENERAL EMPLOYEE
A full-time or part-time civilian employee of the City.
MANAGEMENT
The Board of Aldermen and the Mayor.
NON-EXEMPT EMPLOYEE
A person who, by reason of their position, is entitled to overtime pay under the specific provisions of Federal and State wage and hour laws.
PART-TIME EMPLOYEE
A person employed by the City on a schedule of less than thirty-two (32) hours per seven-day work period.
REGULAR EMPLOYEE
A person employed by the City who is not in temporary, seasonal, or probationary status.
RELATIVE
A person connected by consanguinity (blood) or affinity (marriage) within the fourth degree (first cousin) or their functional equivalent.
SEX
Gender at birth.
SWORN PERSONNEL
Commissioned Police Officers.
TEMPORARY OR SEASONAL EMPLOYEE
A person who is hired by the City as an interim replacement, to temporarily supplement the work force, or to assist in the completion of a specific project or the implementation of a season program. Employment assignments in this category are of a limited duration. Employment beyond any initially stated period does not imply a change in status. Temporary employees retain that status unless notified of a change.
WORKING DAY
A day on which the City's administrative offices are open. Generally Monday through Friday, excluding holidays. This would not apply to emergency personnel such as the Police or Fire Department.
A. 
Responsibility. The administration of these rules and regulations shall be the responsibility of the Board of Aldermen who will, from time to time, recommend appropriate amendments to maintain a fair and equitable system of personnel rules and regulations.
B. 
Applicability. The rules and regulations set forth in this Personnel Manual shall be applicable to all employees of the City, except when superseded by the provisions of written employment agreements or specific legislation adopted by the State Legislature or the Board of Aldermen. Any reference to gender shall be construed to mean male or female. These rules and regulations are not applicable to volunteers, Reserve Police Officers, Board of Aldermen, the City Attorney, or the Municipal Judge.
C. 
Management Right.
1. 
The Board of Aldermen of the City shall exclusively;
a. 
Determine the nature, scope and definition of the City organization, including classification, selection, number, retention, promotion, reorganization, transfer, deployment assignment, layoff, recall and scheduling of employees.
b. 
Determine the methods, means, tools and equipment, and personnel by which operations are to be conducted, including the right to contract and subcontract existing and future work.
c. 
Direct employees.
d. 
Discipline, suspend, demote, and/or terminate employees.
e. 
Require as a part of normal employee development that an employee fulfill the responsibility of the position and attain or maintain minimal skills of his/her classification.
f. 
Take the necessary measures to maintain optimum productivity in operations.
g. 
Determine the necessity for and assignment of overtime.
h. 
Determine the scope, priority, and amount of budget allocation.
2. 
The Board of Aldermen may establish administrative rules and procedures covering the following areas:
a. 
Hours of work/work schedules.
b. 
Pay periods.
c. 
Performance appraisals.
d. 
Personnel records and reports.
e. 
Temporary work assignment and transfers.
f. 
Use of City vehicles and equipment.
g. 
Outside employment.
h. 
Conflict of interest/ethics.
i. 
Safety procedures.
j. 
Job-related injury procedures.
k. 
Employee uniforms and attire.
l. 
Other related internal administrative personnel matters.
A. 
A copy of this Personnel Manual and revisions to this manual shall be distributed to all regular full-time employees. Regular employees shall acknowledge, in writing, that they have received and read this Manual in an employee's orientation when hired. The Manual will be reviewed and explained.
B. 
A copy of this Manual shall be made available to temporary or seasonal employees for their review in the office of the City Clerk.
A. 
Administration Of Plan.
1. 
New Employees. Generally, all new employees will be hired at a starting wage set by the Board of Aldermen.
2. 
Salary increases are set by the Board of Aldermen.
3. 
Salaries will be reviewed annually by the Board of Aldermen and any raises shall be at the discretion of the Board.
B. 
Performance Evaluations. An employee's performance shall be evaluated by the Board of Aldermen after ninety (90) days of employment and again at one (1) year and annually thereafter. This review shall be communicated to the employee utilizing forms approved by the Board of Aldermen. The employee shall be given an opportunity to discuss this review with the Board of Aldermen and shall sign the form stating that he/she has done so. The Board of Aldermen shall review and approve all evaluations, with the exception of the Police Department. The Chief of Police is responsible for reviewing and evaluating all patrol officers. These evaluations shall be presented to the Board of Aldermen for approval. The Chief of Police will be evaluated by the Board of Aldermen.
A. 
Applicability.
1. 
All full-time non-exempt employees shall be compensated at the rate of one and one-half (1 1/2) times their hourly rate for all hours worked outside the employee's regularly scheduled work week. The work week, for purposes of this Section, shall be defined as forty (40) hours within the period beginning at 12:01 A.M. Sunday morning and proceeding for seven (7) full continuous days until midnight of the following Saturday.
2. 
Part-time non-exempt employees will be compensated for all hours worked in excess of their regularly scheduled work week on the same basis as full-time employees; i.e., hours worked in excess of forty (40) hours in a seven-day period will be compensated at the rate of one and one-half (1 1/2) times the employee's hourly rate.
B. 
Overtime On Designated Holidays. Non-exempt employees who are called to work on a holiday shall be paid at the rate of one and one-half (1 1/2) times the employee's hourly rate for all hours worked. This overtime compensation shall be in addition to regular pay received for the holiday.
C. 
Call-Outs. If an employee is called to work outside of a normally scheduled work day or is called back to work after having completed a regularly scheduled work day, the minimum time for which compensation will be made will be two (2) hours. An employee is not considered to have returned to work until he/she arrives at the assigned job site. Employees are not acting within the scope of their employment in traveling to or from work.
D. 
Mandatory Overtime. Employees may be required to work in excess of their regularly scheduled work day. If so directed by the Board of Aldermen, said employees shall be compensated pursuant to the policies set forth in this section.
A. 
Comp time is accrued at a rate of not less than one and one-half (1 1/2) hours for each hour the employee is authorized to work in excess of the forty-hour work period. Example: 60 hours actually worked - 40 hour work week = 20 hours of overtime x 1.5 = 30 hours of comp time.
B. 
The accrual of comp time is limited. The maximum accrual of comp time for all City employees is forty (40) hours. If additional overtime hours are accrued, the employee must be paid overtime compensation at the regular rate earned by the employee at the time.
C. 
Request to accrue comp time must be made by the employee in writing on their time sheet. It should be made freely and without pressure or suggestion.
D. 
The employee requesting the use of already accrued comp time must make a written request for time off. All requests will take into account the day-to-day operations and manpower needs of the municipality and will not unduly disrupt municipal operations.
E. 
If an employee has accumulated unused comp time at the time of termination of employment, they will be paid at the rate of the employee's regular pay rate upon termination or the employee's average pay rate for the last three (3) years of employment, whichever is higher.
A. 
Equal Opportunity. No person employed by the City or seeking employment from the City shall be appointed, promoted, demoted, removed or in any way favored or discriminated against because of their race, color, religion, national origin, sex, ancestry, political affiliation, age as it relates to employment, or physical disability.
B. 
Nepotism.
1. 
Commencing on the effective date of this Manual, relatives of the Mayor and the Board of Aldermen may not be employed by the City. Relatives of other employees may not be employed in the same department or in a position involving supervision of, or by, said relative.
2. 
If two (2) employees marry while working in the same department, one (1) must transfer to another department if both are to continue working for the City. If no position is available for which one (1) of them is qualified, one (1) of the two (2) employees will be separated from the City service and placed on a priority re-hire list.
C. 
Employment Eligibility Verification.
1. 
Aliens who are not authorized to work in the United States because they have entered the country illegally or because their immigration status does not permit employment may not be hired by the City. In order to demonstrate eligibility to be hired under the Immigration Reform and Control Act of 1986, a prospective employee must provide documentation verifying both his/her identity and employment eligibility. Immigration form I-9 is to be used for this purpose. It is to be filled out and signed by the Mayor or the City Clerk and submitted to the Board of Aldermen at the time an employee is to be hired.
2. 
Employees with questions or seeking more information on immigration law issues are encouraged to contact the City Clerk. Employees may raise questions or complaints about the immigration law compliance without fear of reprisal.
A. 
Emergency Appointments. When a vacancy occurs in a position that is necessary to carry out City business without interruption, except for a short period of time, and no suitable list of candidates exists for selections, the Board of Aldermen may appoint a person to fill the vacancy. The duration of this emergency appointment shall not exceed six (6) months, or until an appointment can be made through established procedure.
B. 
Publicity. The Board of Aldermen shall determine the nature and extent of publicity required to obtain a reasonable number of qualified applicants for each vacancy. All positions shall be announced to the public through a standard announcement form and/or other mass media at least eight (8) calendar days in advance of the last date for filing applications. Job announcements with open application submission dates must remain open at least seven (7) calendar days, and may therefore be closed by the Mayor when sufficient applicant response has been achieved.
C. 
Applicant Screening Process.
1. 
The screening of applicants shall include oral interviews; evaluation of experience, education, and training and reference checks. The process may also include, but not be limited to, any of the following as determined by the Board of Aldermen:
a. 
Written examinations.
b. 
Performance evaluations.
c. 
Background investigations.
d. 
Other tests which measure the applicant's ability to perform the essential job functions.
2. 
Reasonable measures shall be taken by the Board of Aldermen to establish the reliability and validity of the various screen processes.
D. 
Re-Employment Of Former City Employees. Former employees shall be required to compete for a position with any other qualified applicants. No retroactive reinstatement of employee's accrued vacation or sick leave shall be given in the event a former employee is re-hired; and eligibility for accruals of leave or other forms of compensation, based on longevity, shall begin with the last date of hire and not the total time with the City.
E. 
Laid-Off Or Demoted Employees. Full-time employees laid off or reduced to a lower classification due to a reduction in force or reassignment of priorities, duties and/or projects, shall rank ahead of other individuals competing for the same position.
F. 
Part-Time, Temporary, And Seasonal Appointments.
1. 
If a position is to be filled for a limited time only, appointments may be made from the list of eligible applicants interested in City employment. A temporary or seasonal appointment shall not affect an applicant's eligibility for full-time employment.
2. 
Part-time, seasonal, and temporary positions shall be filled in the manner described above. Former employees may be re-hired to fill temporary positions with re-screening.
3. 
All part-time, temporary, and/or seasonal appointments shall be approved by the Board of Aldermen.
G. 
General Examination Provisions.
1. 
The Board of Aldermen may refuse to examine an applicant or, after examination, may disqualify an applicant and remove the name from further consideration if:
a. 
The applicant is found to be lacking in any of the preliminary requirements established for the position.
b. 
The applicant is disabled or inhibited to an extent that would render the individual unable to perform the essential functions and responsibilities of the position.
c. 
The applicant has been found to have conflicting interests that may impair or compromise total effectiveness in a given classification, including criminal background, narcotic or alcoholic addictions, business interests, and/or related area;
d. 
The applicant has made a false statement of material facts on the application;
e. 
The applicant has used or attempted to use political pressure or bribery to secure an advantage;
f. 
The applicant has previously been discharged or has had an unsatisfactory service record with the City;
g. 
The applicant has presented an application beyond the formal deadline or has failed to sign the application form;
h. 
The applicant requests such an action;
i. 
An ample number of better qualified candidates is available for the position.
2. 
An individual's application and examination records shall not be opened to public inspection; however, the individual's record shall be available for inspection by the applicant.
3. 
The examination records of all persons who are appointed to positions shall be kept in the employee's personnel file and shall be retained throughout their employment for at least five (5) years subsequent to their separation.
4. 
All new appointees may be required to pass a physical examination, to be paid for by the City, and be certified by the physician as physically qualified to perform the duties of the position they seek before their appointment may be finalized.
5. 
The Board of Aldermen may, as applicable and needed, utilize an applicant's examination results established and administered.
H. 
Probationary Period.
1. 
The probationary period shall be regarded as an integral part of the hiring process. It shall be utilized for evaluating the employee's capabilities, work habits, and overall performance; for securing the most effective adjustment of a new, transferred, or promoted employee to the position; and for replacing any employee whose performance does not meet the required work standards.
2. 
Every person transferred, promoted, appointed, or re-appointed to a position with the City shall be required to complete successfully a probationary or qualifying period of at least three (3) months' continuous duration, except Police Officers who shall be required to complete successfully a probationary period of at least six (6) months' probationary period.
3. 
The probationary period shall begin immediately upon appointment to a position. The probationary period may be extended by the Board of Aldermen for a period of time not to exceed ninety (90) days to compensate for time missed as a result of injury, illness, military leave, or other approved extended leave.
4. 
Time spent in an "acting" capacity prior to receiving an appointment to the same classification and department shall be considered as time spent as a probationary employee in that position.
5. 
Upon satisfactory completion of an initial probationary period, employees enter regular employment status. Employment status is not changed during a second probationary period that results from promotion or transfer.
6. 
Temporary/seasonal employees shall be regarded as probationary employees, regardless of length of service.
I. 
Termination During Probation. At any time during the probationary period, the Board of Aldermen may terminate an employee with or without cause, and with or without notice. An employee terminated during the probationary period will not be given the opportunity to appeal his/her termination.
A. 
Termination Date. The official termination date of employment with the City shall be the date of the employee's last day in attendance at work, and all eligible accrued leave shall be paid through the date of termination. Payment shall be made on the next pay date following the date of termination; however, the City Clerk may make payment sooner in extenuating circumstances with permission from the Board of Aldermen.
B. 
Resignation.
1. 
All employees are expected to give at least ten (10) working days' prior notice to the effective date of their resignation in order to leave in good standing, unless other arrangements are approved by the Board of Aldermen. Failure to comply with this rule shall be entered on the permanent personnel record of the employee. Upon tendering of a resignation, an employee will be ineligible to receive sick leave pay for absences that occur during his/her remaining tenure with the City, unless previous arrangements have been made and approved by the Board of Aldermen.
2. 
If an employee begins full-time employment elsewhere or maintains and operates a business on a full-time basis while on leave of absence, he/she will be considered to have voluntarily resigned from employment with the City as of the day on which the leave of absence began.
C. 
Disability.
1. 
An employee may be demoted or separated for disability when the employee cannot perform the essential functions of the position because of physical or mental impairment. The City may require an employee to be examined by a physician of the City's choice for the purpose of determining an employee's ability to perform the essential functions of his/her position. This service shall be paid for by the City.
2. 
A disabled employee that has been demoted to a position for which he/she is able to perform the essential functions shall be compensated in accordance with the rate for that position. If a position is not available, the employee may be placed on a priority list for a position for which the employee is qualified.
3. 
An employee who does not return to work and thereafter cannot perform the essential functions of his/her position within one (1) year of the occurrence of the disabling event shall be separated from employment City service. Any requests for an extension of time shall be submitted, in writing, to the City Board of Aldermen.
4. 
Reasonable accommodations will be made to applicants and employees with known disabilities by structuring the job or the work environment in a manner that will enable the person with a disability to perform the essential functions of the job.
D. 
Termination.
1. 
Terminated employees shall be removed from their position as promptly as possible and officially notified that such action is being taken on or before the effective date of termination.
2. 
If the employee wishes to appeal the termination, he/she may do so only as provided in these rules.
E. 
Return Of City Property. An employee leaving the City service for any reason and who has City-owned equipment or property in his/her possession shall return such equipment or property in acceptable condition to the appropriate person before receiving their last paycheck. Failure to return said property shall result in an amount being withheld from the employee's paycheck equal to the value of the property or in an amount necessary to repair or restore said property to an acceptable condition.
F. 
Layoff/Reduction Of Work. The Board of Aldermen may reduce the hours of work of an employee or lay off an employee when it is deemed necessary by reason of shortage of work, funding, abolition of the position or change of duties or organizational structure or other reasons that are outside of the employee's control and which do not reflect discredit on the employee's performance.
G. 
Order Of Layoff And Recall. Layoff and recall of employees shall be made in inverse order of current performance ratings of employees in the job involved. In the event current performance ratings are not available or the ratings of employees shall be equal, the order of layoff shall be placed on a priority recall list for a maximum of one hundred eighty (180) calendar days.
H. 
Death. In the event of death of an employee, all compensation due in accordance with the policies of the City shall be paid to the legal representative of the employee's estate or any other individual having legal capacity to represent the decedent's interests.
A. 
Purpose And Intent. It is the obligation and expectation of all employees to conduct their normal day-to-day activities in a businesslike manner, within established rules of good conduct. Violations of rules and regulations require appropriate action by the Board of Aldermen.
B. 
Communication Of Rules. Every effort will be made by the Board of Aldermen to counsel employees on the purpose and intent of various rules and regulations in order to encourage genuine cooperation and corrective action.
C. 
Progressive Counseling And Disciplinary Steps. Whenever possible, discipline shall be of an increasingly progressive nature in order that the employee be given an opportunity to improve. The progressive steps being:
1. 
Counseling, Violations of rules and regulations shall be explained to the employee by the Board of Aldermen, indicating the corrective steps to be taken to prevent recurring violations.
2. 
Oral Reprimand. Step "a" shall be repeated by the Board of Aldermen representing a warning that any reoccurrence of the rule infraction will result in more severe discipline, up to and including termination. At the time the oral reprimand is given, it will be clearly explained to the employee that a written record will be kept in the employee's personnel file in the City Clerk's office. If no further action is taken on the matter that resulted in an oral reprimand, all written records of such reprimand shall be destroyed after twelve (12) months have elapsed.
3. 
Written Reprimand. The report from the Board of Aldermen shall indicate, but not be limited to: the date, time of the infraction of the rule involved, prior record of similar violations, and efforts made by the Board of Aldermen to correct the problem indicated. Written reprimands shall become part of the employee's file after the employee is notified and the infraction is reviewed with and signed by the employee or a witness upon the employee's refusal to sign.
4. 
The Board of Aldermen shall be authorized to terminate an employee after the employee has received an oral reprimand and a written reprimand.
D. 
Written Reprimand/First Offense. The first offense of any rule violations require a written reprimand due to the seriousness of the violation. Documentation to support the seriousness of the offense and propriety of the action taken shall be provided by the Board of Aldermen and shall be placed in the employee's personnel file.
E. 
Cause For Termination. The first violation of any rule may require the bypass of steps described in Subsection (C)(1) through (4) above in the disciplinary procedure. In the interest of directing the orderly and efficient operation of services and activities of the City, an employee may be terminated if he/she:
1. 
Violates any of the provisions or regulations of this Manual or departmental rules;
2. 
Is offensive in his/her conduct in public or toward the public;
3. 
Violates any lawful official regulation or order or fails to obey any proper direction made and given by the Board of Aldermen;
4. 
Uses, possesses, or is under the influence of illegal drugs or alcohol while on duty;
5. 
Is incompetent or inefficient in the performance of the duties of his/her position;
6. 
Is careless or negligent with the monies or other property of the City or takes any property of the City for his/her personal use or for sale or gift to others;
7. 
Is excessively absent or tardy;
8. 
Induces or attempts to induce an officer or employee in the service of the City to commit an unlawful act in violation of any lawful or official regulation or order;
9. 
Abuses sick leave;
10. 
Fails to notify his/her superior of a condition that could impair his/her ability to perform his/her duties in a safe manner;
11. 
Uses or possesses, while on duty, any object in such a manner as to utilize it as a weapon capable of injuring another person;
12. 
Fights while on duty, or engages in threatening, intimidating, or violent behavior, or acts in a manner that could reasonably cause physical injury to another person;
13. 
Disregards established safety rules;
14. 
Destroys or, without authorization, uses or removes City-owned property;
15. 
Is absent without leave or fails to give proper notice of absence;
16. 
Uses or attempts to use bribery or political pressure to secure appointment, promotion, or advantage;
17. 
Materially falsifies an application or makes any false statement, certificate, mark rating, or report in regard to any test, certification, or appointment; or attempts to commit any fraud that violates the merit principles of personnel administration;
18. 
Gives or receives any consideration, monetary or otherwise, to or from any person or organization for or in connection with any test, appointment, proposed appointment or proposed promotion;
19. 
Has had revoked or suspended his/her driver's license or other license or certification required as a condition of employment;
20. 
Takes from any person for his/her personal use, any fee, gift or other valuable in the course of his/her work or in connection with it, when such gift or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons; accepts any bribe, gift, token, monies, or other things of value intended as an inducement to perform or refrain from performing any official act; engages in any of extortion or other mean of obtaining money or other things of value through his/her position in the service of the City;
21. 
Discloses official or confidential records or information, unless directed to do so by the Board of Aldermen. This shall not be interpreted as infringing upon an employee's right to freely express opinions or to comment on policy or other community issues;
22. 
Fails to satisfactorily improve performance within ninety (90) days of an area rated unacceptable on an employee evaluation form;
23. 
Conducts outside business interests during working hours or on City property;
24. 
Other infractions or misconduct may be sufficiently grave to warrant discharge even though they have been specifically covered in the preceding list;
25. 
Refuse to take or fails to pass any drug test.
F. 
Investigation And Report. Report violations of a City or Departmental rule or regulation will be investigated by the Board of Aldermen. The investigation will be made with the purpose of ascertaining the facts of the alleged offense. In the investigation of a written complaint, a copy of the complaint and report of the investigation will be placed in the Department's file. The report shall include a written statement from the employee against whom the complaint was filed.
A. 
Eligibility Of Benefits. The following benefits will be given as approved by the Board of Aldermen.
B. 
Descriptions. The following benefits will be provided to regular full-time employees of the City:
1. 
Group medical and dental insurance.
2. 
Life, accidental death and dismemberment.
3. 
IRA retirement plan.
4. 
Participation in employee training programs.
5. 
Holidays.
6. 
Vacation.
7. 
Sick leave.
8. 
Other leaves and benefits as approved by the Board of Aldermen.
9. 
Up to three (3) days funeral pay for immediate family; spouse, child, mother, father, daughter-in-law, son-in-law, mother-in-law, father-in-law, brother or sister. Other family members; aunt, uncle or grandparent, shall be paid for the day of the funeral only. Any special circumstances will be considered for approval.
C. 
Group Medical And Dental Insurance.
1. 
The City provides a group hospitalization insurance plan to all full-time employees. The total cost of this insurance program is paid by the City. Employees pay for insurance coverage for dependents. Information on medical insurance is available from the City Clerk.
2. 
Group medical insurance benefits begin on an employee's first day of employment and ends on the last day of employment.
D. 
Life Insurance And Disability Insurance.
1. 
All regular full-time City employees will be eligible for life insurance coverage provided by the City. Employees are also covered by short-term disability insurance.
2. 
Life insurance and disability insurance coverage begins on the first day of employment.
E. 
Retirement Plan. An employee who: 1) earned at least five thousand dollars ($5,000.00) in compensation during any one (1) calendar year prior to the year they become eligible to participate in a Simple IRA; and 2) expects to receive at least five thousand dollars ($5,000.00) in compensation during the calendar year they become eligible to participate in a Simple IRA is given an opportunity to participate in a Simple IRA. For each employee who meets the minimum criteria per the guidelines/restrictions of the Simple IRA as to what is to be contributed to the plan, the City will pay the annual fee and make a matching contribution of the employee's elective deferrals on a dollar-for-dollar basis up to three percent (3%) of the employee's compensation subject to any matching contribution limits established by the Internal Revenue Service.
[Ord. No. 428, 10-10-2023]
F. 
Professional Dues. Employees may, with the approval of the Board of Aldermen, have professional organization dues paid by the City, provided the membership benefits the employee in completing assigned duties and responsibilities. Membership payments shall be subject to the availability of funds as provided in the budget.
G. 
Uniforms And Clothing Maintenance. Employees required to wear uniforms will be provided with such clothing allocations as deemed appropriate by the Board of Aldermen. The employee shall be required to wear the uniform clothing and to return the full allocation of garments upon separation from City service. The City shall replace uniform clothing damaged through natural wear on the job, but not due to negligence by the employee. The employee shall wear uniform clothing only en route to and from work and while on duty.
H. 
Holidays.
1. 
All regular full-time employees shall be entitled to the following holidays for which they shall receive full pay at their standard rate. In order for an employee to receive pay for a holiday, that employee must have been present at work on the day immediately preceding and immediately following the holiday, or have been on an approved leave of absence with pay for the day or days absent.
a. 
New Year's Day.
b. 
Martin Luther King's Birthday (third Monday in January).
c. 
Presidents' Day.
d. 
Good Friday.
e. 
Memorial Day.
f. 
Independence Day.
g. 
Labor Day.
h. 
Veterans Day.
i. 
Thanksgiving Day and the day after.
j. 
Christmas Eve Day.
k. 
Christmas Day.
l. 
New Year's Eve Day.
2. 
Employees who work on a holiday will receive one and one-half (1 1/2) their standard rate of pay, plus an additional eight (8) hours holiday pay.
I. 
Personal Days. All regular full-time employees shall be entitled to two (2) personal days subject to the approval of the Board of Aldermen after six (6) months of continuous service. Any personal days must be requested two (2) weeks in advance unless extenuating circumstances exist. All personal days must be taken during the calendar year when accrued, at a time approved in advance, and there will be no accrual of personal days from year to year.
J. 
Vacation.
1. 
Employee's vacations shall be based upon the years of continuous service to the City of Leadington. Employees shall receive:
*One (1) week vacation after one (1) year of service.
*Two (2) weeks vacation after two (2) years of service.
*Three (3) weeks vacation after ten (10) years of service.
*Four (4) weeks vacation after twenty (20) years of service.
Vacation leave normally shall be scheduled at least ten (10) working days in advance and shall be granted in accordance with the rates set forth above, provided it does not interfere with other operating requirements, order of request, and/or seniority of employees. Forty (40) hours pay for one (1) week of vacation. Employee may take one (1) week only in pay without taking time off. If you have vacation time you cannot take days off without pay, you must use vacation time. After three (3) days without pay, you may be questioned by the Board. Special circumstances will be considered for approval.
K. 
Sick Leave. All regular full-time employees shall be entitled to five (5) sick days for each calendar year. Sick days must be used during each current year and will not accrue from year to year. No sick time will be paid to the employee upon their termination or resignation as an employee of the City.
L. 
Witness And Jury Duty.
1. 
The City encourages employees to appear in court for witness duty when subpoenaed or summoned for jury duty. If employees have been subpoenaed or otherwise requested to testify as a witness by the City, the State of Missouri, or the United States, they will be paid for the entire period of witness duty if scheduled to work.
2. 
Employees will be granted unpaid time off to appear in court as a witness when requested by a party other than those mentioned above. Employees are free to use any available paid vacation time to receive compensation for the period of absence.
M. 
Social Security. All employees shall participate in the Federal Old Age, Survivors, Disability, and Health Insurance Program. Employees' contributions are deducted each pay day pursuant to federal law.
N. 
Family Leave (FMLA).
1. 
Purpose.
a. 
Enactment of the Family/Medical Leave Act (FMLA) was predicated on two (2) basic concerns: the needs of the American work force, and the development of high-performance work organizations. Congress felt that when a newborn or newly adopted child arrives or a serious family medical problem occurs, employees should not have to choose between taking the time needed to attend to such important events and the loss of their job and health coverage. The FMLA is intended to promote a healthier balance between work and family responsibilities, ensuring that family development and cohesiveness are encouraged by this nation's public policy. It's also felt that FMLA will benefit employees, too. Family and medical leave policies are seen as an important attraction in recruiting and retaining employees, and promoting employee loyalty, involvement and commitment to their employers' business goals and operations.
b. 
The Family/Medical Leave Act entitles the employee up to twelve (12) work weeks of unpaid leave in a given twelve-month period for the following reasons: (1) the birth of a child and to care for such child; the placement of a child for adoption or foster care; (2) the serious health condition of a spouse, son, daughter or parent; and (3) the employee's own serious health condition which prevents the employee from performing their own job.
2. 
Responsibility. It is the responsibility of the employee to coordinate requests for family/medical leave with their employer, the City of Leadington.
3. 
Policy. It is the policy of the City of Leadington to adhere to the requirements of the Family/Medical Leave Act of 1993 and continue to provide a "family friendly" environment between the employee and the City.
4. 
Procedure. When an employee requests to take Family/Medical leave, the following procedures will be adhered to. (An eligible employee must have worked for the City of Leadington at least twelve (12) months and for at least one thousand two hundred fifty (1,250) hours during the year preceding the requested leave.) The employee is allowed twelve (12) weeks of unpaid leave during January 1 through December 31 of each calendar year.
a. 
The employee shall inform his/her supervisor of impending leave and contact the City Clerk to determine eligibility and receive the necessary forms. Employees must give thirty (30) days' advance notice to the City of the need to take FMLA leave when it is foreseeable for the birth or placement of a child for adoption or foster care, or for planned medical treatment. When it is not possible under certain circumstances to provide such advance notice, notice must be given "as soon as practicable."
b. 
The employee should submit the request form (Appendix A) and the necessary following information:
(1) 
BIRTH of a son or daughter — Certification of physician or practitioner is required (see Appendix B[1]).
[1]
Editor's Note: Appendix B is included as an attachment to this Chapter.
(2) 
FOSTER CARE of a child — State forms are necessary to complete this action.
(3) 
SERIOUS HEALTH CONDITION of spouse, son, daughter, parent or employee — Certification of physician or practitioner is required (see Appendix B).
c. 
The City Clerk should notify the employee and the Mayor of approved leave.
d. 
If the submitted medical information is not sufficient, the City may request a second opinion at the City's expense. If the first and second opinions do not agree, the City and the employee will coordinate the selection of a physician for a third opinion at the City's expense. The third opinion will be final and binding.
e. 
The Federal requirement is for unpaid leave; however, the City requires that all sick and vacation time shall be used during the leave with any excess leave time being unpaid.
f. 
The City of Leadington will continue payment for its portion of the employee's health/dental plan premium. It is the responsibility of the employee to pay their portion of the insurance premiums. Should the employee be on unpaid leave, the premium shall be due the first business day of every month, check payable to the City of Leadington and remitted to the City Clerk.
g. 
The law allows an eligible employee to take intermittent leave or to take leave on a reduced schedule when the employee or a member of an employee's immediate family is seriously ill. If leave is foreseeable, an employee is required to try to schedule the leave so as not to unduly disrupt the City's operations.
(1) 
FMLA also permits an employee taking leave for birth, or because of placement for adoption or foster care, to take leave intermittently or by working a reduced work week. However, employees must receive prior approval from the Mayor.
(2) 
Consequently, employees will be able to use vacation and sick leave for whatever time needed, i.e., thirty (30) minutes, one (1) hour, etc., to cover approved leave.
h. 
The City may request periodic reports from the employee regarding the status of the employee and the employee's intent to return to work.
i. 
If an employee has taken leave because of their own serious health condition, the employee will be required to submit medical certification on the employee's ability to return to work. The certification should be submitted to the City Clerk prior to the return-to-work date.
j. 
The employee shall coordinate at all times any changes that may occur during family/medical leave with the City Clerk."
O. 
Hours Of Work.
1. 
All departments shall observe and keep office and working hours necessary for the efficient transaction of services as determined by the Board of Aldermen. General employees will be scheduled to work forty (40) hours in a seven-day work period. Sworn personnel will be scheduled to work one hundred sixty (160) hours in a twenty-eight-day period.
a. 
Rest Periods. All general employees shall receive a fifteen-minute rest period during each four-hour shift. The rest period shall be granted near the middle of each four-hour shift whenever feasible.
b. 
Meal Period. All general employees shall be granted a thirty-minute paid lunch period during each eight-hour work period. Whenever possible, this meal period shall be scheduled at the middle of each work day or work shift.
2. 
General employees are expected to take their full allotted meal period. Employees are not to perform work during their regularly scheduled meal period, unless specifically requested to do so. In that event, the meal period will be rescheduled, or the employee will be compensated for the time worked.
3. 
Sworn personnel policemen will be scheduled for meals as part of their regular schedule.
4. 
All hours of work, as well as hours of leave, shall be measured increments of fifteen (15) minutes, rounded to the next highest increment.
P. 
Employee Appearance. Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the image the City presents to citizens and visitors. Uniforms shall be required as and when specified. Business attire for non-uniformed employees shall conform to standards of modesty and good taste.
Employees who are required to use their personal vehicle to travel out of town outside of a ten-mile radius in the course of performing their duties for the City shall be reimbursed for said expenses in accordance with the rules and regulations set forth by the Board of Aldermen.
A. 
To serve the best interests of the employees, taxpayers and the City government, it is the policy of the City to restrict certain types of political activity without infringing upon the employee's right to exercise their suffrage as citizens. The purpose is to safeguard the employee from political pressure to support, financially or otherwise, any political party or person and to safeguard the interest of the public whom all employees serve without regard to their political opinions or affiliations.
B. 
No employee of the City shall make any contributions to campaign funds of any candidate for office of Alderman or Mayor, or political organizations supporting said candidates, nor shall any employee campaign for, or publicly support the candidacy of, any individual for the office of Mayor or Board of Aldermen.
C. 
No employee of the City, either full- or part-time, while on duty or while in uniform that identifies the individual as an employee of the City shall:
1. 
Canvass on behalf of any candidate, political party, or political issue;
2. 
Display a political picture, sticker, badge or button;
3. 
Attend a political rally, fund raising function, or other political gathering;
4. 
Circulate a sign or political petition; or
5. 
Serve as an election judge or clerk.
D. 
No employee shall place, or allow to remain, upon a City vehicle used by the employee in the course of employment any political picture, sticker, badge or button.
E. 
Nothing in this article shall be construed to restrict an employee's freedom to express an opinion or exercise the right to vote while off-duty.
F. 
No employee of the City shall use City equipment, personnel, facilities or resources to promote or help promote any civic, social, business or political candidate, or any non-City purpose without the expressed written consent of the Board of Aldermen.
A. 
Harassment is deliberate or repeated unsolicited verbal comments, gestures, physical contact, and/or acts that are unwelcome and/or create a hostile working environment; and/or where such acts are made a condition of employment or compensation. Unwelcome contact or acts of this nature that interfere with work productivity and/or operations of the City will not be tolerated.
B. 
If an employee is confronted by such an act and/or work environment, it shall be the employee's responsibility to report it to the City Clerk immediately. An investigation of all such charges shall be conducted promptly so as to determine the facts. The Board of Aldermen and/or the City Clerk shall, based upon the results of the investigation, take such action as deemed necessary to preclude such harassment from recurring and to determine the appropriate discipline, up to and including termination of the offender.
C. 
An accusation of harassment is treated confidentially. The City will take reasonable precautions to protect such information from inappropriate disclosure.
A. 
Employees should afford every citizen courtesy and consideration.
B. 
It is particularly important that a full and courteous explanation be given to a citizen when it is necessary to refuse a request or who the action requested is outside the jurisdiction of the City. In dealing with citizen complaints, particularly irate citizens, employees are encouraged to direct the individual to an appropriate City official for an explanation or assistance.
A. 
Employees are expected to follow City safety procedures and to take an active part in protecting themselves and their fellow employees at all times. Employees are urged to detect and report to the Board of Aldermen any hazardous conditions or unsafe practices in their workplaces and to make suggestions for their correction.
B. 
Employees operating or riding in City vehicles, or operating their personal vehicles on City business, must wear a seat belt.
C. 
All employees must report all accidents and injuries to the City Clerk immediately. Failure to make timely reports may jeopardize benefits should the injury later prove to be serious.
A. 
The City maintains a permanent personnel file on each employee. The personnel file contains such information as the employee's job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records. Personnel records of all employees shall be maintained by the City Clerk.
B. 
The records of the City Clerk and the Chief of Police shall be maintained by the Mayor.
A. 
All employees whose job requires that they drive a vehicle, whether the City's or their own, must possess a valid driver's license. All employees who operate a City vehicle must possess the required license for the type of vehicle which they are operating.
B. 
All employees required to have a driver's license are required to report to the City all convictions of moving violations within thirty (30) days and to notify the City of any suspension, revocation, cancellation, disqualifications, or out-of-service order by the end of the business day on which the employee receives said notice.
Personal use of telephones for long-distance and toll calls is not permitted. Employees should practice discretion in using City telephones when making local personal calls and may be required to reimburse the City for any charges resulting from their personal use of the telephone.
A. 
All City facilities and vehicles, and all containers therein, are subject to inspection at any time. Any personal items or City property contained within City facilities or vehicles may be inspected if there exists a reasonable suspicion that they contain contraband items.
B. 
Contraband items include the following:
1. 
Alcohol.
2. 
Illegal drugs.
3. 
Controlled substances.
4. 
Prisoner's property.
5. 
Stolen property.
6. 
Weapons.
7. 
Any other item that would substantiate an alleged violation of the Rules and Regulations of the City or a violation of the law.
C. 
The employee who has control over the area to be searched is to be notified prior to or at the time of the search and given the opportunity to be present during the search.
D. 
The searching party shall have as a witness at least one (1) other City personnel or Board of Aldermen.
E. 
Employees may use personally owned locks and containers to secure City or private property under their control. However, the placement or use of such devices does not extend to the employee any expectation of privacy over the item or area if said item or areas are within the City facility or vehicle.
A. 
The City has a responsibility to provide continued and uninterrupted service to the citizens of the City of Leadington. This responsibility can only be fulfilled when each employee is present during work hours scheduled. Punctuality and regular attendance are essential to the proper functioning of the City.
B. 
Excessive absenteeism, tardiness, or failure to comply with the proper notification procedures will be considered as grounds for disciplinary action, up to and including termination.
A. 
The City does not respond to oral requests for references. All requests must be in writing and on employer letterhead. In the event an employee leaves the City service, the City may be able to provide references to potential employers, depending upon the circumstances, employment history, etc. However, an employee must first sign a "reference release" waiver allowing the City to release reference information beyond merely confirming employment with the City for a specific period of time in a specific position.
B. 
Employees are not under any circumstances to respond to any requests for information regarding another employee unless it is part of an assigned job responsibility. If it is not, it should be forwarded to the Office of the City Clerk.
A. 
Statement Of Purpose; Responsibility Of Employee; Responsibility Of City. The purpose of this policy is to establish consistent and clearly defined guidelines for the handling of substance abuse cases involving City employees, and to comply with federal mandates relating to the provision of a drug- and alcohol-free working environment for its employees, thereby enhancing the ability of City employees to deliver safe and efficient service to the community. Nothing in this policy is intended nor shall be construed as a limitation on the power and authority of the City of Leadington to take disciplinary action under any other personnel ordinances, rules and regulations which are not inconsistent with this policy.
1. 
Responsibility Of Employee.
a. 
It is the individual responsibility of each employee and applicant for employment to read, understand and abide by the provision of this policy. Any questions an employee has about the application of this policy may be directed to supervisory personnel within the employee's own department, or to the administrator of the Employee Assistance Program.
b. 
Employees with substance abuse problems are personally responsible for seeking evaluation and undertaking rehabilitation. The City encourages such employees to seek help through the Employee Assistance Program, which will be administered in such a manner as to provide confidentiality for those who seek treatment. Any employee who is aware that he/she is dependent upon alcohol or drugs and who either voluntarily admits his/her dependency to his/her departmental supervisor or voluntarily seeks treatment through the Employee Assistance Program for his/her problem shall not be subject to discipline for having admitted that he/she has such a problem, nor for seeking treatment for such problem.
c. 
Those employees who conceal substance abuse problems from supervisors and do not voluntarily seek help through the Employee Assistance program place their employment with the City in jeopardy. In the event a concealed substance abuse problem adversely affects job performance, causes or contributes to misconduct either on or off duty, or causes an employee to become involved in criminal activity or proceedings, the employee will be subject to formal discipline as prescribed in this policy.
d. 
Employees who are ordered by supervisory personnel to seek treatment for substance abuse problems through the Employee Assistance Program may also be subject to formal discipline for actions which are in violation of this policy.
2. 
Responsibility Of The City Of Leadington. Management for the City of Leadington recognizes that cooperation between employees and management is essential in dealing with the problems caused by substance abuse. The official policy of the City of Leadington shall be to encourage and assist City employees in voluntarily seeking treatment for substance abuse problems through the Employee Assistance Program. In appropriate cases, as an alternative to or in conjunction with formal disciplinary proceedings, an employee may be ordered to seek assistance for substance abuse problems through the Employee Assistance Program. The Employee Assistance Program will be administered in accordance with the specific provisions set out in subsequent sections of this policy.
B. 
Application Of Policy; Definitions.
1. 
The provisions of this policy shall apply to all employees of the City and all applicants for employment with the City, regardless of their status or duration of employment. The City of Leadington shall apply this policy in a manner which is consistent with its obligations under State and Federal law.
2. 
The terms "controlled substance," "deliver," "drug," "drug paraphernalia" and "manufacture" as used herein shall have the same meanings as set out in Chapter 195 of the Revised Statutes of Missouri, as amended. The terms "controlled substance" and "drug" as used herein shall in all instances include prescription drugs, unless specifically excluded.
ALCOHOL TEST
Testing of a sample of breath or blood to determine the percentage by weight of alcohol in the blood of the tested subject.
DOT EMPLOYEE
Any employee of the City subject to the regulations, provisions, restrictions, rules and conditions prescribed by the Department of Transportation of the Federal Highway Administration under 49 Code of Federal Regulations Part 382 et seq., including, but not limited to, such persons as are subject to DOT regulations who shall operate a commercial motor vehicle in interstate or intrastate commerce, or who are subject to the commercial driver's license requirements of 49 CFR Part 383.
DRUG TEST
A urinalysis test, consisting of an initial screening test followed by a confirmatory test in the event the results of an initial screening test are positive.
EMPLOYEE
A person appointed to a position in the City service for which he/she is compensated on a full-time or part-time basis. The term "employee" refers to both male and female employees, and the use of the pronoun "he" and "his" in this policy shall in all instances be read to refer to both male and female employees.
EQUIPMENT HANDLING POSITION
All positions in which the employee is regularly required as a part of his/her duties to operate motorized equipment such as dump trucks, solid waste packer trucks, tractors, bulldozers, earth scrapers, road graders, large backhoes, front end loaders, street sweepers, tank trucks or any other type of heavy-duty self-propelled equipment, excluding automobiles and pickup trucks.
INTOXICANTS
Any beverage or substance containing alcohol for human consumption.
PUBLIC HEALTH POSITION
All health service positions in which the job duties require an employee to deliver or assist in the delivery of hands-on diagnosis or treatment of patients; operate, repair, maintain or sterilize equipment used in the delivery of health care services; or prepare, dispense, stock or otherwise handle prescription drugs.
PUBLIC SAFETY POSITION
All positions falling within the following categories:
(1) 
Law enforcement;
(2) 
Jail detention officers; and
(3) 
Firefighting personnel.
REASONABLE SUSPICION
A suspicion based upon objective facts and circumstances from which an ordinarily careful and prudent supervisor could conclude that an individual is in possession of or under the influence of drugs or alcohol while on City property or while on duty. Circumstances which constitute a basis for determining reasonable suspicion include, but are not limited to:
(1) 
A pattern of abnormal or erratic behavior while on duty;
(2) 
Information provided by a reliable and credible source;
(3) 
Direct observation of drug or alcohol possession or use;
(4) 
Presence of the physical symptoms of drug or alcohol use, such as glassy or bloodshot eyes, odor of intoxicants on breath, slurred speech, poor balance, poor coordination, or impaired reflexes;
(5) 
An admission of possession or use of drugs or alcohol by the employee.
C. 
Prohibited Acts; Disciplinary Actions.
1. 
Grounds For Disciplinary Action Or Denial Of Employment. Applicants for employment may be denied employment, and employees may be subject to disciplinary action up to and including dismissal from employment, for the commission of any of the following acts:
a. 
Reporting for work, performing work, or applying for work while under the influence of illegal drugs, prescription drugs, or intoxicants, and causing or creating an unreasonable risk of damage to property or injury to any person;
b. 
Using, selling, possessing, manufacturing or delivering controlled substances or drug paraphernalia at any time or place except as authorized by law, whether on or off duty;
c. 
Consuming intoxicants while on duty, or possessing intoxicants on City property with the intent to consume them while on duty, except in cases where such consumption is permitted or required in the line of duty;
d. 
Providing or selling intoxicants to any other person while on duty, except in cases where such activity is permitted or required in the line of duty;
e. 
Testing positive for the presence of drugs or alcohol following completion of testing procedures authorized by Subsection (D) of this policy;
f. 
Failing or refusing to submit a test sample within two (2) hours after the time a request for a test sample was made, causing or attempting to cause the adulteration of a test sample, submitting or attempting to submit a false test sample, or otherwise obstructing the process of testing for the presence of drugs or alcohol;
g. 
Failing to report any alcohol- or drug-related conviction under Federal or State law to an employee's supervisor within five (5) days after such conviction, in compliance with the requirements of the Federal Drug-Free Workplace Act of 1988.
2. 
Termination Specifically Authorized. Termination of an employee shall be specifically authorized when:
a. 
The employee has sold or attempted to sell controlled substances, whether on or off duty;
b. 
The employee has possessed or has manufactured a controlled substance under circumstances that create a reasonable inference that the employee intended to sell the controlled substance, whether on or off duty;
c. 
The employee has used or has been found to be in unauthorized possession of illegal drugs while on duty; or the employee has been found to be on duty while under the influence of illegal drugs, prescription drugs, or intoxicants and has caused or created an unreasonable risk of damage to property or injury to any person;
d. 
The employee has failed or refused to submit to a test sample within two (2) hours after the time a request for a test sample was made, has caused or attempted to cause the adulteration of a test sample, or has submitted or attempted to submit a false test sample following a request for submission of a test sample;
e. 
The employee has previously been ordered by the appointing authority to seek treatment for a substance abuse problem through the Employee Assistance Program, or any treatment facility, and has subsequently committed a new offense involving substance abuse which would constitute grounds for discipline under the provisions of this policy.
3. 
Disciplinary action shall be independent of all other proceedings. Disciplinary action which may be undertaken pursuant to this policy shall constitute an independent administrative action against the employee involved, and shall not be dependent upon or controlled in any manner by any other civil, administrative or criminal proceedings which are or may be instituted against the employee.
D. 
Testing For Presence Of Alcohol And Drugs; When Authorized; What Substances Will Be Tested For.
1. 
Pre-Employment Testing. Effective as of the date of adoption of this policy;
a. 
A copy of this policy shall be provided to each applicant for employment with the City, who shall at the time of application sign and date the attached Receipt of Substance Abuse Policy and Consent to Drug and a Alcohol Testing form, which shall then be made a permanent part of the applicant's file. This form shall be competent evidence in any subsequent proceedings that the applicant has received notice of the provisions of this policy and has consented to testing under the provisions stated herein. A refusal by any applicant to execute this form shall constitute grounds for denial of employment.
b. 
All applicants for employment with the City shall be subject to mandatory testing for the presence of drugs and alcohol in accordance with the testing procedures herein set out, except that City employees who apply for such positions and who have successfully completed testing as a condition of employment with the City shall not be subject to re-testing under this subsection. Applicants subject to mandatory testing who are conditionally appointed to a public safety, public health, or equipment handling position with the City or who shall be employed by the City as a DOT employee shall be required to undergo drug testing within the fourteen (14) days following their conditional appointment to such position. The mandatory testing provisions of this subsection shall not apply to the promotion or transfer of a public safety, public health, equipment handling or DOT employee within his/her own department.
c. 
Applicants for all employment positions for the City of Leadington shall be subject to testing for the presence of drugs or alcohol if a reasonable suspicion exists that the applicant is or has been under the influence of drugs or intoxicants during the pre-employment process, or if a reasonable suspicion exists that the applicant has used controlled substances at any time prior to the filing of his/her application for employment with the City.
d. 
Applicants who test positive for the presence of drugs or alcohol may be denied employment pursuant to the provisions of Subsection (C) of this section.
2. 
Testing Of Current Employees. Effective as of the date of adoption of this policy:
a. 
A copy of this policy shall be provided to every City employee, and each employee shall be required to sign and date the attached Receipt of Substance Abuse Policy and Consent to Drug and Alcohol Testing form, which shall then be made a permanent part of the employee's file. This form shall be competent evidence in any subsequent proceedings that the employee has received notice of the provisions of this policy and has consented to testing under the provisions stated herein.
b. 
All current City employees shall be subject to testing for the presence of alcohol and drugs, including prescription drugs, upon reasonable suspicion that the employee is under the influence of alcohol or drugs while on duty. A request for the testing of an employee may be initiated by any supervisor who has a reasonable suspicion that the employee is under the influence of alcohol or drugs while on duty. Testing shall be authorized if the request is approved by the highest ranking departmental supervisor available to review the request for testing. Those supervisors with authority to approve a request for testing include departmental heads and division heads, police chief, lieutenants, captains and majors, and battalion chiefs in the Fire Department. At such time as any employee shall be requested to submit to testing under this provision, he/she shall be immediately suspended from operation of any motor vehicle or mechanized equipment while on duty with the City, and may at the discretion of his/her supervisor be suspended from any other work duties designated by such supervisor until such time as it is determined that the test results are not positive.
c. 
An employee who has been ordered to seek treatment for a substance abuse problem through the Employee Assistance program shall be subject to random testing for the presence of alcohol or drugs during the twelve-month period following the date of notice of referral to the EAP.
d. 
Fifty percent (50%) of all City employees who occupy a public safety position, public health position, equipment handling position, and who are DOT employees shall be subject to random testing for substance abuse each calendar year. The selection of specific employees who shall be randomly tested and the method of testing shall be made by the independent certified testing agency referred to in this policy.
e. 
In the event any employee is involved in any motor vehicle accident in which any death or injuries are sustained by anyone involved in the accident, or in the event of any motor vehicle accident in which any vehicle is towed from the accident scene, all City employees operating any vehicle involved in the accident shall be required to submit to drug and/or alcohol testing within one (1) hour forty-five (45) minutes after such accident. Failure to timely submit to such testing shall be grounds for immediate termination of such employee.
3. 
Substances to be tested for.
a. 
Testing may be administered to detect the presence and concentration of any substance which acts on the central nervous system as a stimulant, a depressant, or has a disassociative effect. Those substances and concentration levels tested for will include, but are not limited to, the following:
Substance
Concentration
Alcohol
0.02% by weight of alcohol in blood
Amphetamines/methamphetamines ("speed")
300 ng/ml
Barbiturates ("downers")
300 ng/ml
Benzodiazepines (tranquilizers: e.g., valium)
300 ng/ml
Cannabinoids (marijuana, hashish)
50 ng/ml
Cocaine
300 ng/ml
Methadone
500 ng/ml
Methaqualone (quaaludes)
1 mcg/ml
Opiates (codeine, heroin, morphine)
300 ng/ml
Phencyclidine (PCP, "angel dust")
75 ng/ml
Propoxyphene (Darvon)
300 ng/ml
b. 
Drugs not otherwise included in the preceding categories will be tested to the concentration levels for which testing is customarily accurate, as stated in the manufacturer's specification for the particular test kit or method to be used.
A "positive" test result with respect to any of the foregoing shall be a result which exceeds the minimum concentrations set forth hereinabove.
E. 
Testing Procedures: Independent Testing Agency; Confidentiality; Confirmation Of Results; Consequences Of Positive Results; Referral To Employee Assistance Program; Expungement Of Records; EAP Records Confidential.
1. 
Testing Agency. Drug and alcohol testing shall be performed by an independent certified laboratory or such other independent, qualified examiner of the City's choice. All testing shall be performed in accordance with accepted scientific standards. Due care shall be taken by the testing agency to respect the dignity and privacy of individuals required to give test samples. The testing agency shall be responsible for maintaining appropriate chain of custody procedures for all test samples. The testing agency shall be required to retain unused portions of each test sample that has initially shown a positive result for the presence of drugs or alcohol in order that additional testing may be performed on the sample on behalf of the tested employee.
2. 
Confidentiality. All information regarding the testing of applicants and employees shall be confidential. Laboratory reports and test results shall not be placed in an employee's general personnel file, but shall be kept in a separate confidential medical file that will be securely kept under the control of the Director of Personnel. The Director is authorized to release the contents of the confidential medical file only on a strict need-to-know basis of management-level members of the staff of the Mayor, the City's legal advisors, the personnel Department and the employee's department; to the Board of Aldermen upon request of the Boards; and to the tested employee upon request of such employee. Disclosure without employee consent is also authorized if: (a) production of the information is compelled by law, or by judicial or administrative process; (b) the information has been placed at issue in a formal dispute between the City and the employee; (c) the information is to be used in administering an employee benefit plan; or (d) the information is needed by medical personnel for the diagnosis or treatment of the employee and he/she is unable to authorize disclosure.
3. 
Confirmation Of Test Results. A drug test sample which initially yields a positive result shall be tested a second time using a gas chromatography/mass spectrophotometry (GC/MS) test. If the second test confirms the initial positive test results, the employee or applicant shall be notified of the results in writing. The notification shall identify the particular substance(s) found, and shall specify the concentration level. An employee or applicant whose second test confirms the original positive test result may, at his/her own expense, have additional testing conducted on the original test sample at a qualified laboratory of his/her own choice.
4. 
Consequences Of Confirmed Positive Test Result.
a. 
Job Applicants. Job applicants will be denied employment with the City if an initial positive test result has been confirmed by the GC/MS test.
b. 
Current Employees. An employee whose initial positive test result has been confirmed by the GC/MS test is subject to disciplinary action up to and including termination in accordance with the provisions of Subsection (C) of this Section. Consequences of a positive test shall include the following:
(1) 
Alcohol Level Between 0.02% – 0.04%. In the event of a positive test indicating blood alcohol levels between 0.02% and 0.04%, the employee shall be immediately sent home from work for a period of at least twenty-four (24) hours. Additional disciplinary measure may be taken as warranted under the circumstances and as authorized under this policy. Any employee sent home from work under this subsection may use accrued sick leave or vacation time, as approved by his/her supervisor, during such twenty-four period.
(2) 
Alcohol Level Between 0.04% – 0.10%. In the event of a positive test indication a blood alcohol level between 0.04% and 0.10%, the employee shall be immediately referred to the Employee Assistance Program, in accordance with Subsection (E)(5) of this policy. Additional disciplinary measures may be taken as warranted under the circumstances and as authorized under this policy.
(3) 
Alcohol Level In Excess Of 0.10%. In the event of a positive test indicating a blood alcohol level in excess of 0.10%, the employee shall immediately be terminated from employment with the City.
(4) 
Positive Drug Test — Illegal And Non-Prescription. In the event of a positive drug test for illegal and non-prescription drugs, the employee shall immediately be terminated from employment with the City.
(5) 
Positive Drug Test — Prescription Medication. In the event of a positive drug test for any medication prescribed by a licensed physician on behalf of an employee at the time of testing, the results of said test shall be submitted to an independent qualified Medical Review Officer appointed by the City. The Medical Review Officer shall review the test information and results, consult with each physician prescribing any such medication and make an independent determination of whether such drugs were, in fact, lawfully prescribed at the time of the test, and whether the employee was then taking such medication in accordance with such prescription. In the event of a determination by the Medical Review Officer that such drug or drugs were not lawfully prescribed or were not taken in accordance with such prescription, the employee may be subject to termination by the City.
c. 
Disciplinary Response In Addition To Minimum Sanctions. Except where termination of employment is mandated under this policy, and in addition to any other minimum sanctions, penalties or disciplinary measures required under this Policy, factors to be considered in determining any additional disciplinary response shall include, but are not limited to the following:
(1) 
The employee's work history, including length of employment, current level of job performance, past disciplinary actions imposed, including a consideration of whether the employee has been previously disciplined or referred to treatment for substance abuse problems;
(2) 
The job classification of the employee;
(3) 
The specific circumstances which cause the testing to be required, including consideration of whether the employee's actions caused injury to property or to any person, or created an unreasonable risk of injury to property or to any person;
(4) 
Previous efforts on the part of the employee to deal with his/her substance abuse problem; and
(5) 
The degree to which continued employment of the individual would either enhance or impair the ability of the affected City department to deliver safe and efficient service to the community, including consideration of whether public trust and confidence in the City service would be adversely affected.
5. 
Mandatory Referral To Employee Assistance Program.
a. 
As an alternative to or in conjunction with formal disciplinary proceedings which may be instituted against an employee for violation of the provisions of the policy, an employee may be ordered to seek assistance for a substance abuse problem through the Employee Assistance Program (EAP). The appointing authority is authorized in appropriate cases to suspend the imposition of formal discipline (e.g., dismissal, demotion, reduction of compensation, suspension without pay) for a period not to exceed one (1) year, pending the successful completion of assessment, counseling and rehabilitation by the employee. Written notice of mandatory referral to the EAP shall be given to the employee.
b. 
In the event the employee does not complete assessment, counseling or rehabilitation, the appointing authority may, within the one-year period following the date of written notice of mandatory referral to the EAP, impose such formal discipline as is authorized under this policy. No formal discipline may be imposed for the underlying offense more than one (1) year after notice of mandatory referral to the EAP.
c. 
Any employee who is ordered to or who voluntarily submits to the Employee Assistance Program shall at all times be solely responsible for the payment of any costs and fees associated with such program, including any enrollment fee, any fees or expenses incurred for any professional or medical examination, tests, counseling, evaluation, treatment and follow-up services.
6. 
Expungement Of Records. Upon written request by the tested employee, all records relating to a request for and the results of drug or alcohol testing may be expunged from an employee's file and destroyed if the results of the testing do not show substance concentration level at or above the levels set out in Subsection (D); provided, that if the employee who has been tested files an appeal with the Board of Aldermen of the City, the records shall be preserved until the conclusion of all proceedings arising out of the appeal. This Subsection shall not apply to pre-employment testing authorized under Subsection (D) of this Section, and the results of pre-employment testing shall remain a permanent part of an employee's file in accordance with the provision of that Section.
F. 
Employee Assistance Program.
1. 
Administration Of The EAP. The Employee Assistance Program (EAP) will be administered by such individual as shall be appointed by the Mayor of the City of Leadington, by and with the consent of a majority of the Board of Aldermen, to serve for such term as is designated by the Mayor and Board of Aldermen. The Director and the EAP administrator shall develop necessary procedures to maintain confidentiality of records and to ensure that the functions of the Employee Assistance Program are properly carried out.
2. 
Functions Of The EAP. The Employee Assistance Program will function primarily as an intake and referral service for those employees who have either voluntarily sought help for substance abuse problems or who have been directed by the appointing authority to seek assistance through the program. Under the supervision of the Director, the administrator of the EAP will compile and maintain all information and records necessary to the task of referring employees to substance abuse treatment services, programs and institutions within the community. The administrator will monitor the progress of employees seeking treatment through the EAP to the extent necessary to document and verify proper administration of employee health care or other applicable benefit plans, including use of leave time.
3. 
Employee Use Of Leave Time While Involved With EAP. Employees who are receiving treatment for substance abuse problems through the EAP are entitled to use all forms of accumulated leave time available to them, including sick leave, vacation time and compensatory time. Should an employee who is receiving treatment through the EAP prefer to take a leave of absence without pay rather than utilize accumulated leave time, or should an employee exhaust all available leave time prior to receiving medical clearance to return to his/her work duties, the employee may request a leave of absence without pay. Such a request will be considered in light of all the circumstances of the case, including, but not limited to, the manpower needs of the affected City department, the medical needs of the employee, and the degree of good faith effort displayed by the employee in dealing with his/her substance abuse problem. Nothing herein shall be construed to require that leave of absence without pay must be granted in such cases; provided, however, that any provisions contained herein with respect to use of sick leave shall not in anywise be inconsistent with any other federal laws or regulations applicable to such employee.
4. 
EAP Records Confidential. All information regarding voluntary and mandatory referrals to the EAP shall be confidential. Records of the EAP shall not be placed in an employee's general personnel file, but shall be kept in a separate confidential file that will be securely kept by the administrator of the EAP under the supervision of the Director of Personnel. The administrator is authorized to release the contents of the confidential file only on a strict need-to-know basis to management-level members of the staff of the Mayor, the City's legal advisors, the Personnel Department and the employee's department; to the Board of Aldermen upon request of the Board; and to the tested employee upon request of such employee. Disclosure without employee consent is also authorized if: (a) production of the information is compelled by law, or by judicial or administrative process; (b) the information has been placed at issue in a formal dispute between the City and the employee; (c) the information is to be used in administering an employee benefit plan; or (d) the information is needed by medical personnel for the diagnosis or treatment of the employee and he/she is unable to authorize disclosure.
G. 
Appeal Rights. An employee who receives formal discipline (e.g., dismissal, suspension without pay, demotion, reduction in compensation) for violation of the provisions of this policy is entitled to appeal the same to the Board of Aldermen, whose decision thereon shall be final.
H. 
Statement Of Intent To Comply With Federal Law. In addition to the provisions stated in the text of this policy, and in accordance with the requirements placed on the City by the provisions of the Drug-Free Workplace Act of 1988, Pub. L, 100-690, Title V, Subtitle D, all employees of every department of the City of Leadington, Missouri, are hereby notified as follows:
1. 
The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on, about or within any property owned, leased, operated, used, maintained or occupied by the City of Leadington, Missouri, as a vehicle or site for the performance of work done in connection with a specific federal grant. Employees who violate this prohibition will be subject to disciplinary action up to and including termination, mandatory referral for substance abuse assessment, counseling and rehabilitation, or a combination of these actions, in accordance with the provisions of the Substance Abuse Policy of the City of Leadington.
2. 
In furtherance of the City's obligation to provide a drug-free workplace, the Employee Assistance Program shall establish a drug-free awareness program to inform employees about the following:
a. 
The dangers of drug abuse in the workplace;
b. 
The City's policy of maintaining a drug-free workplace;
c. 
Available sources for drug counseling, rehabilitation, and employee assistance for abuse problems; and
d. 
The penalties which may be imposed on employees who commit drug abuse violations in the workplace.
3. 
Every employee who is engaged in the performance of any work connected with a Federal grant shall be provided with a copy of this Statement and of the Substance Abuse Policy of the City of Leadington.
4. 
Every employee who is engaged in the performance of any work connected with a Federal grant shall, as a condition of employment under the grant:
a. 
Abide by the terms of this Statement and of the Substance Abuse Policy of the City of Leadington;
b. 
Notify the City of Leadington of any criminal drug stature conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
5. 
The City of Leadington will notify the Federal agency through which a grant is administered within ten (10) days after receiving notice under Subsection (D)(2) from an employee or otherwise receiving actual notice of such conviction.
6. 
The City of Leadington will take one (1) or more of the following actions within thirty (30) days of receiving notice under Subsection (D)(2), with respect to any employee who is so convicted:
a. 
Impose appropriate personnel action against such an employee, up to and including termination;
b. 
Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State or local health, law enforcement or other appropriate agency.
7. 
The City of Leadington shall make a good faith effort to continue to maintain a drug-free workplace through implementation of the provisions of this Statement and of the Substance Abuse policy of the City of Leadington.
I. 
Miscellaneous Provisions.
1. 
Independent Contractors. For purposes of implementing the provisions of this policy, the City shall engage independent contractors to conduct all substance abuse testing, and to serve as medical review officers and to serve as substance abuse professionals.
2. 
Coordination Of Policies. The Mayor shall endeavor to coordinate the policy contained herein with other City policies, ordinances and regulations in order to maintain consistency with each other. The provisions of this policy shall take precedence over any other policies, ordinances and regulations which may be inconsistent herewith. Regular City policies relating to discipline of employees shall at all times be followed, except to the extent the policy contained herein shall expressly provide otherwise.
3. 
Copies. Copies of the full policy shall be kept on file with the Leadington City Clerk, and master copies thereof shall be kept by the department head of each department of the City.
4. 
Assistance. Employees desiring assistance for substance abuse problems may contact the Mayor for referral for assessment, counseling or rehabilitation. Employees desiring additional information concerning the policy should contact the City Clerk.
A. 
Accounting Policies.
1. 
It shall be the policy of the City of Leadington to create and maintain accounting, billing and cash control policies, procedures and records which are consistent with General Accepted Accounting Principles (GGAP) and which meet the requirements of state and federal statutes and regulation.
2. 
The City of Leadington accounting, audit, and financial management policies are designed to:
a. 
Protect and secure the assets of the City.
b. 
Ensure the maintenance of accurate records of the City's financial activities.
c. 
Ensure compliance with governmental and private funder reporting requirements.
B. 
Cash.
1. 
Bank accounts are established as required by donors and funding requirements.
2. 
All checks written on the City of Leadington accounts require two (2) signatures.
3. 
All persons approved to sign checks have been formally approved by the City Board of Aldermen and Mayor.
4. 
The City Board of Aldermen and Mayor authorize all bank accounts and approve all check signers. The approval of signers shall be reflected in the Board Meeting minutes.
5. 
Banks are promptly notified of all changes of authorized check signers.
6. 
All checks are to be pre-numbered and accounted for by a check custodian (used, voided, and not used).
7. 
Voided checks are to be properly defaced and maintained.
8. 
Bank reconciliations to the general ledger are to be done monthly and provided to the Board of Aldermen and Mayor for their review.
C. 
Petty Cash.
1. 
Receipts or itemized slips are required for every disbursement. The City Clerk and Court Clerk will be responsible for verification of receipts and cash.
2. 
Petty cash should be used for such things as small and odd jobs, local travel and sundry items. It is not intended for purchases that can be made with designated suppliers. Activities or needs should be planned ahead so necessary funds will be available in the petty cash account.
3. 
The City Clerk will be responsible for the reconciliation and replenishment of the petty cash account.
D. 
Cash Receipts.
1. 
Two (2) individuals, such as the City Clerk and Court Clerk, open the daily mail, making a log of cash receipts, restrictively endorsing the payment, making note of any restrictions and account coding the receipts by receivable or revenue account.
2. 
The Court Clerk prepares bank deposit slip, listing each item.
3. 
Receipts are deposited daily by the City Clerk. The bank's stamped duplicated deposit slip is attached to the remittance documentation.
4. 
Cash is deposited in the appropriate bank account based on funding restriction.
E. 
Cash Disbursements.
1. 
Cash disbursements are made by check (with the exception of petty cash).
2. 
The Board of Aldermen and Mayor approve all invoices for payment.
3. 
Checks for payment are signed only when supported by approved invoices. (Checks will not be processed and signed in advance of proper invoicing approval procedures,)
4. 
Check signers compare data on supporting documents to checks presented for their signature.
5. 
Bank transfers are scheduled and investigated to ascertain that both sides of the transaction are recorded
6. 
Supporting documentation is noted as paid, check number, date paid, and general ledger account code. Supporting documentation is noted as approved for payment.
7. 
Account coding for each payment is reviewed for accuracy.
8. 
The City of Leadington finance and accounting staff will ensure that all costs paid through the utilization of external funding sources are recognized as ordinary, necessary, within the budget, are arm's length transactions, and do not deviate from established practices of the organization.
9. 
A cost will be considered reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the costs.
F. 
General Ledger Account Coding.
1. 
All cash receipts and disbursements are account coded and reviewed by the City Clerk.
2. 
A policy will be developed that documents the rationale used to allocate shared expenses among functions, grants, and/or contracts and reviewed periodically.
3. 
Funding from multiple sources may be kept in an account with other funding; however, it must be tracked independently.
G. 
Revenue.
1. 
Revenue is earned using the modified cash basis of accounting.
2. 
Cost reimbursement grants or contracts earn revenue when the expenses are incurred (not committed).
H. 
Expenses.
1. 
Expenses are charged directly to programs when specific identification is available.
2. 
Expenses are charged to programs based upon a shared cost rationale when the direct charge cannot be established.
3. 
Expenses are prohibited to be used for any purpose that is ineligible under a funding award.
4. 
Expenditures for each grant, loan, or contract are to be recorded according to the budget categories for that particular funding source. For each funding award, the City of Leadington will maintain records that allow for a comparison of outlays with approved budget amounts.
5. 
Before The City of Leadington seeks reimbursement from a funder, it will ensure that the costs for which it is seeking reimbursement are allocable to that funder. A cost will be considered allocable to an external funding source (unless otherwise prohibited) if it is treated consistently with other costs incurred for the same purpose in like circumstance and if:
a. 
The cost is incurred specifically for the award;
b. 
The cost benefits both the award and other work and can be distributed in reasonable proportion to the benefits received; or
c. 
Is necessary to the overall operation of the organization, although a direct relationship to any particular cost objective cannot be shown.
6. 
Any cost allocable to a particular award or other cost objective may not be shifted to other awards to overcome funding deficiencies, or to avoid restrictions imposed by law or by the terms of any award of funds.
I. 
Investment/Banking Policies. The City of Leadington Board of Aldermen and Mayor will approve the placement of assets not needed for immediate operations ensuring compliance with all contractual requirements and using the principles identified below.
1. 
Principles.
a. 
Minimize Risk. The Board of Aldermen and Mayor will define a minimum risk strategy that will be reviewed annually to ensure appropriate discharge of responsibilities to donors, lenders, and contractual relationships.
b. 
Maximize Investment Return. Within the parameters defined as "minimum risk," funds will be invested at the highest area interest/return available at the time of decision.
c. 
Support Local Banks And Institutions If Economically Feasible. "Local" is defined as having a physical presence for customer service within the City of Leadington service area.
2. 
Procedures.
a. 
Each quarter, the City Clerk or his/her designee will review with the Board of Aldermen and Mayor the projected cash needs of the City and the assets available for investment.
b. 
Each quarter, the Board will provide the City Clerk or his/her designee with guidance regarding investment and institutions.
c. 
The Board will designate a representative to consult with the City Clerk or his/her designee between meetings on such matters as investment period timeliness and institutional issues.
d. 
The City Clerk or his/her designee will contact local institutions as needed to determine the best rate of return for investments.
3. 
Banking Policy.
a. 
The City of Leadington will keep all funds invested in a federally insured bank.
b. 
Support Local Banks If Economically Feasible. All assets kept in bank accounts will be in banks defined as local. "Local" is defined as having a physical presence for customer service within the City of Leadington service area.
J. 
Budget Principles/Procedure. Structure of the budgetary process shall evolve from the mission and by-laws of the City of Leadington with consideration given to the requirements of any of the City's funding partners.
1. 
Budget Principles.
a. 
The budgetary process shall comply with the City's funding partners and in accordance with applicable state and federal laws.
b. 
The budgetary process shall comply with the guidelines and principles set forth by the Board of Aldermen and Mayor.
c. 
Annually, each program area shall identify and develop a plan for its operation. The budgets needed to execute the plan shall be developed by appropriate personnel, with concurrence from the City Clerk.
2. 
Procedures.
a. 
The City of Leadington City Clerk will prepare and submit an operating budget to the Board of Aldermen and Mayor thirty (30) days to sixty (60) days prior to the beginning of the new fiscal year and prior to submission to funding sources.
b. 
If budget submission is due to funding sources prior to sixty (60) days before the beginning of the fiscal year, the Board of Aldermen and Mayor will review a preliminary budget and adopt it if necessary.
c. 
The approved preliminary or final operating budget will become the blueprint for the budget submission to all outside funders.
d. 
Differences in budget line items between the City's operating budget and funders' approved budgets will be resolved in negotiations between the City Clerk and the funding agency.
3. 
Adjustment In Budget/Spending Plans.
a. 
Any adjustments of changes in spending policies/budget plans which vary by more than ten percent (10%) from the original approved budget will be initialed by the City Clerk and submitted for approval to the Board of Aldermen and Mayor.
b. 
These changes will be communicated, in writing, to funding sources as required by contractual agreements.
c. 
If proposed changes are unsatisfactory to the funder, the City Clerk will communicate this response to the Board of Aldermen and Mayor, who may authorize:
(1) 
Changing the budget/plan to one (1) which is satisfactory to the funder; or
(2) 
Entering into negotiations to develop a compromise satisfactory to the funder and the Board of Aldermen and Mayor.
d. 
After approval of the changes by all parties, the changes will be communicated, in writing, to all affected management staff.
A. 
The City Board of Aldermen established this Credit Card Policy permitting the use of City-issued credit cards to authorized City personnel. [To receive your assigned or temporary-use credit card, please read this Credit Card Policy and return the Credit Cardholder Agreement (Amendment "D"[1]) to the City Clerk's Office. Retain the Policy, a copy of the signed agreement and any future revisions for your reference.]
[1]
Editor's Note: The Credit Cardholder Agreement is included as an attachment to this Chapter.
B. 
Cardholder Responsibilities:
1. 
Ensure that the credit card is in compliance with the City of Leadington policy.
2. 
Only authorized employees of the City of Leadington may use the municipal credit card.
3. 
A municipal credit card may be used for the purchase of goods or services for only official business of the City of Leadington.
4. 
The employee using the credit card must submit receipts, documentation detailing the goods or services purchased, cost, date of the purchase and the official business explanation thereof.
5. 
Above said receipts and documentation must be submitted to the City Clerk's Office in a timely manner to reconcile against the monthly credit card statement.
6. 
The employee issued the card is responsible for its protection and custody and shall immediately notify the City Clerk's Office if the card is lost or stolen.
7. 
Municipal credit card users must notify vendors or merchants that the credit card transaction should be exempt from Missouri Sales and Use Taxes if it is used for the purchase of goods or services in the State of Missouri.
8. 
The credit card may not be used for cash advances, personal use or any other type of purchase not permitted under the City's Purchasing Policy.
9. 
Employees must immediately surrender the card upon termination of employment. The City reserves the right to withhold final payroll checks and payout of accrued leave until the card is surrendered.
A. 
The City Clerk is the administrator of this policy and shall be responsible for the issuance and retrieval of assigned municipal credit cards to personnel and generally for overseeing compliance with this policy.
B. 
The City Clerk(s) shall be responsible for:
1. 
Assisting and maintaining record of issuance and retrieval of municipal credit cards and overseeing compliance with this policy.
2. 
Accounting And Payment Of Expenses. All documentation must accompany invoices before payment is made.
3. 
Ensuring accuracy of the statement and that activity and account information is noted on the credit card statement for each line of entry.
4. 
The balance, including interest due on an extension of credit under the credit card arrangement, shall be paid for within thirty (30) days of the initial statement date.
5. 
Compliance with State of Missouri records retention requirements for safekeeping of statements and receipts for seven (7) years.
C. 
The total combined authorized credit limit of all credit cards issued by the City of Leadington shall not exceed five percent (5% )of the total budget of the City of Leadington City for the current fiscal year.
D. 
Any employee found guilty of illegal or unauthorized use of a municipal credit card may be subject to penalties allowed by law and/or disciplinary action(s) under the City's Personnel Policies up to and including termination.
A. 
Objectives.
1. 
To allow personnel access to efficient and alternative means of payment for approved expenses, especially expenses related to business travel and office supplies.
2. 
To improve managerial reporting related to store credit and credit card purchases.
3. 
To improve efficiency and reduce costs of payables processing.
B. 
Policies.
1. 
The City of Leadington Board of Aldermen will appoint person(s) approved to make purchases.
2. 
City of Leadington municipal credit cards will be issued to employees and Mayor only with approval of the Board of Aldermen.
3. 
Credit cards will only be used for City business purposes. Personal purchases of any type are not allowed. The following purchases are not allowed:
a. 
Alcoholic beverages/tobacco products.
b. 
Capital equipment and upgrades without Board approval.
c. 
Construction, renovation/installation.
d. 
Controlled substances.
e. 
Items or services on term contracts.
f. 
Maintenance agreements.
g. 
Personal items or loans.
h. 
Purchases involving trade-in of City property.
i. 
Rentals.
j. 
Telephones, related equipment, or services.
k. 
Any other items deemed inconsistent with the values of the City.
l. 
Cash advances on credit cards are not allowed.
4. 
Cardholders will be required to sign an agreement indicating they accept these terms. Individuals who do not adhere to these policies and procedures risk revocation of their credit card privileges and/or disciplinary action.
5. 
Cardholders should make every effort to ensure that purchases do not include sales tax. Tax-exempt certificates are available through the Accounting Department.
6. 
Sales tax may be paid for minimal expenditures from one-time vendors who refuse the exemption, but sales taxes should not be paid (select another vendor) where the purchases are for more substantial expenditures or are repetitively incurred.
Standard policies and procedures concerning the relationship between the City and its employees will be produced, in writing, and will be made available to all concerned. When the need for new or revised rules and regulations is indicated, the Board of Aldermen will repeal and/or make amendments to the Policy Manual as needed to make the Policy Manual fully functional and updated.