[Ord. No. 96, §§ 1 — 3, 1-8-1952; Code 1965, § 4.20; Ord. No. 4048, § 1, 4-10-2007]
No person shall be offered employment by the City or appointed to any office of the City (including any appointment made for the purpose of filling a vacancy for elective office) who is related as husband, wife, brother, sister, mother, father, son, daughter, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of any person then holding a City elective office.
This section shall not be construed to terminate or otherwise limit the continued employment of any employee of the City or appointed official of the City who holds such employment or office immediately prior to the time his relative of the degree described in subsection (a) of this section is duly elected, or appointed, and is sworn into his elected or appointed office. This section also shall not be construed to prohibit or otherwise limit the City, solely due to the relationship between any employee or appointed official and any such relative then holding a City elective office, from considering for promotion or advancement or from promoting or advancing such employee or appointed official in accordance with the City's standard policies and normal procedures.
The City permits family members (parent, spouse, child, sibling, grandparent, grandchild, aunt, uncle, cousin, in-law or step relative) to work for the City. The City will not, however, consider, accept or allow employment of a family member whose employment would result in a supervisor/subordinate relationship or possible conflict of interest.
Due to the potential for conflicts of interest, negative employee morale, and appearance of favoritism, the City will not permit or allow a dating or romantic relationship between a supervisor/subordinate, between department heads or between the City Administrator and any other employee.
[Ord. No. 52, §§ 1 — 3, 8-8-1950; Code 1965, § 4.21]
The Board of Aldermen shall, in the case of persons entering military service, and in other cases for good cause may, by resolution, grant leaves of absence not exceeding 90 days to elected or appointive officials of the City, either with or without continuance of compensation. If compensation is granted and the officer is indebted to the City in any manner, the compensation shall first be applied to the reduction or discharge of such indebtedness.
If the officer granted a leave of absence does not resume his duties at the expiration of the time for which the leave was granted, the office shall be declared vacant. In case a person enters military service, the Board of Aldermen may by further resolution grant an extension of leave for a period not exceeding 30 days, either with or without continuance of compensation.
All resolutions of the Board of Aldermen granting leaves of absence as herein provided shall designate who shall perform the duties of the officer on leave.
[Ord. No. 768, §§ 1, 2, 4-23-1963; Code 1965, § 4.24; Ord. No. 4767, § 1, 6-27-2017]
It shall be the policy of the City to provide workers' compensation, health, accident and salary continuation insurance and other benefits to the best of its ability for the protection of the employees and for their welfare and security and as an inducement for employees, present and future, to remain in the employ of the City. The provisions of ordinances fixing salaries of employees shall be deemed to be in addition to all provisions made by the City for insurance and benefits as above set forth on which the City pays the premiums or dues.
Smoking cessation/biometric screening programs, established. The City Administrator is authorized to establish programs for smoking cessation and biometric screening, and may provide incentives and/or penalties for City employees and their covered family members to participate in such programs, including discounts in monthly health insurance premiums and such incentives and discounts are subject to and conditional upon annual aldermanic appropriation. The City Administrator, or his or her designee, may establish rules and guidelines consistent with this chapter regarding administration of and participation in these programs.
[Ord. No. 521, §§ 1 — 6, 5-12-1959; Code 1965, § 4.19]
Personnel covered. The provisions of this section apply to all full-time salaried appointive officials of the City and to all full-time salaried employees, except, in both cases, those that may be specifically employed for a limited period of time or for specific purposes which are of a temporary or nonpermanent nature, and also except those officials, employees, agents and other persons employed or appointed under contract.
Appointive officials. Appointive officials appointed by the Mayor with the approval of the Board of Aldermen and nonelective full-time officials appointed by the Board of Aldermen shall hold office until their successors are appointed and have qualified.
Salaried employees. Full-time salaried employees of the City, however appointed, shall be deemed employed for an indefinite period during good behavior and while able to perform the duties assigned to them.
Offices abolished. In the event any office or employment is abolished, the Board of Aldermen hereby declares it to be the policy of the City to make an effort to provide the affected appointive officials or employees with other employment of a similar capacity and a suitable nature, if available.
Employment policy. It is the policy of the City with respect to those appointive and full-time officials and full-time salaried employees who depend for their livelihood upon their compensation from the City, to assure such persons of permanency in their employment, as nearly as possible to that which might be experienced in private employment, to the extent possible in the best interests of the City as may be determined by the Board of Aldermen.
Terms concurrent with Mayor. Appointive officials and employees affected by this section whose terms are designated to run with that of the Mayor shall be deemed to be appointed for indefinite terms and must be removed from office or employment before a successor may be appointed.
[Ord. No. 4203, § 1 (Exh. A), 10-13-2009]
In accordance with the Family and Medical Leave Act of 1993 and as recorded in § 2-146 of the City's Municipal Code, the City of Crestwood adopts the following policy:
Definition. A family or medical leave of absence is defined as an approved absence available to eligible employees under certain circumstances for consecutive or intermittent periods of up to 12 weeks in any twelve-month period. [NOTE: The "rolling" year is described in subsection (4) below.].
Circumstances under which leave may be taken include:
The birth of a child.
The placement of a child with the employee for adoption or foster care.
Situations where an employee is needed to care for a child, spouse, or parent who has a serious health condition.
An employee's serious health condition which prevents him from performing the essential functions of his job.
Military Family Leave Section 585(a):
Military care giver leave. Eligible employees who are the spouse, son, daughter, parent or next of kin of a covered service member with a serious illness or injury incurred in the line of duty on active duty, will be able to take up to 26 work weeks of leave in a single twelve-month period.
Qualifying exigency leave. Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their twelve-week leave entitlement to address certain "qualifying exigencies." The specified qualifying exigencies are:
Short-notice deployment — Seven or fewer days before deployment;
Military events and related activities;
Childcare and school activities;
Financial and legal arrangements;
To spend time with the military member during rest and recuperation leave for up to five work days;
Post-deployment activities for 90 days following the military member's return; and
Additional activities not encompassed in the other categories, but agreed to by the employer and employee.
Definition of a serious health condition. A serious health condition is defined as an illness, injury, impairment, or physical or mental conditions that involve:
Inpatient care in a hospital, hospice, or residential medical care facility;
Absence from work for more than three consecutive full calendar days, that also involves continuing treatment by a health care provider (i) two or more times or two once, followed by a regimen of continued treatment; or
Treatment by a health care provider for a chronic or long-term health condition that if not treated, would likely result in a period of absence from work for more than three full calendar days, and for prenatal care.
Under the multiple-visit prong, the two visits must occur within 30 days of the beginning of the period of incapacity and the first visit must take place within seven days of the first day of incapacity.
Eligibility. Federal law governs which employees may be eligible for family or medical leave and provides certain conditions or limitations.
Use of paid leave required. If an employee is entitled to paid leave or time off under another City policy, the employee must take all of that time off prior to taking any unpaid leave under this policy. Paid leave shall run concurrently with the otherwise unpaid FMLA leave and shall be used, beginning with sick leave (if a qualifying sick leave event); once sick leave is exhausted, compensatory time shall be used; and once compensatory time is exhausted, vacation time. When an employee has taken all available accrued paid leave, any additional leave taken under this policy will be unpaid.
Requirements for leave — Medical certification. The City requires medical certification if an employee requests leave due to a serious health condition or to care for a seriously ill family member.
If it is the employee's own health condition, the medical certification must include, among other things, a statement from the treating physician that the employee is unable to perform the functions of his or her position, relevant medical facts concerning the condition, when the condition began and the likely duration of the requested leave.
If leave is required to care for a family member with a serious health condition, the medical certification must include an estimate of the amount of time the employee will be needed to care for the family member. The following conditions must be met:
Benefits during leave of absence. Employees taking family and medical leave under this policy are eligible to continue coverage under the City's existing group health plan for the duration of the leave under normal conditions and requirements. If an employee does not return to work after the completion of approved leave, the employee will be required to reimburse the City for premiums paid to maintain the employee's group health coverage unless the failure to return to work was for reasons beyond the employee's control. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of the leave.
Return to active employment. The City requires that the employee provide a "fitness-for-duty" certification that he is able to return to work. The certification must address the employee's ability to perform the essential functions of his job. Also, where reasonable job safety concerns exist, the City requires a fitness-for-duty certification before an employee may return to work when the employee takes intermittent leave. Upon return from approved family and medical leave, most employees will be returned to his previous position if possible, or an equivalent position if his previous position is no longer available.
Intermittent leave schedule. Leave may be taken on a continuing or intermittent basis if medically necessary for a serious health condition of the employee or a family member or for qualifying exigencies. If leave is requested on a sporadic schedule or intermittent basis due to planned medical treatment, the City may require the employee to transfer temporarily to a different, equivalent position to permit the City to adjust to recurring periods of absence or a part-time schedule. For birth, adoption or foster care of a child, intermittent leave or a reduced work schedule must be requested by the employee and approved by the department head. The City may require that FMLA leave be taken in increments of one hour. [NOTE: The new regulations only allow transfer when the leave is for planned medical treatment.]
Notification and reporting.
When the need for leave is foreseeable (such as the birth, adoption or placement of a child and in cases of planned medical treatment), the employee must notify the City at least 30 days in advance of the requested leave, by written notice to the employee's department head. Within five business of receiving the employee's notice of the need for FMLA leave, the City will provide the employee with an "eligibility notice" and, if the employee is eligible, a "notice of rights and responsibilities". The eligibility notice tells the employee whether or not he had met the minimum qualifications for FMLA eligibility, and if not, at least one reason. The rights and responsibilities notice informs the employee of his rights and obligations under the Act.
Within five business days of obtaining sufficient information to determine whether the employee is entitled to FMLA leave (often after the employee provides a complete and sufficient medical certification), the City will provide a written "designation notice". This will inform the employee whether his requested leave will be designated as FMLA qualifying.
When the need for leave is not foreseeable, notice must be given in person (or by telephone in cases of medical emergencies) and may be given by the employee's spouse or other representative only if the employee is unable to do so.
When 30 days' advance notice is not possible, notice must be given as soon as practicable after the employee learns of the need for the leave.
When planning medical treatment, the employee should consult with his department head and supervisor when giving notice and shall make reasonable efforts to schedule the leave so as not to unduly disrupt the City's operations.
Employees must also notify the City if the requested leave is for a reason for which FMLA leave was previously taken or certified.
Legal requirements. FMLA makes it unlawful for any employer to: (a) interfere with, restrain, or deny the exercise of any right provided under FMLA; and (b) discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or state law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
Editor's Note: This ordinance also provided for the repeal of former § 2-146, as amended.
[Ord. No. 4509, § 1, 11-25-2014]
When collective bargaining with a labor organization is necessary, the Mayor with the approval of the Board of Aldermen will appoint a team ("team") for the purposes of collective bargaining and the team will be the exclusive agent for the City for collective bargaining negotiations. Provided, however, the team may only tentatively agree to negotiated terms during collective bargaining and no agreement or memorandum of understanding negotiated between a labor organization and the team shall be binding on the City unless finally approved by ordinance or resolution by the Board of Aldermen.
As provided for by ordinance, the City voluntarily recognizes certain labor organizations as being the sole collective bargaining representative for certain bargaining units, as such labor organizations were already representing such bargaining units prior to the City's adoption of these collective bargaining procedures.
If there is not a procedure established by existing law, with the exception of the labor organizations specifically listed and recognized by special ordinance, the City will not recognize any organization, association, employee group, union, professional group, or otherwise ("labor organization") as a collective bargaining unit of any eligible employees of the City unless there is:
A presentation by the labor organization of the adequacy of their representation by verifiable evidence and the appropriateness of the requested bargaining unit as set forth in subsection (e) of this section; and
An election determining and verifying whether the majority of the voting eligible employees in the bargaining unit want to be represented by the labor organization for the purposes of collective bargaining as set forth in subsection (g) of this section.
For a labor organization to show the adequacy of their representation by verifiable evidence and the appropriateness of the requested bargaining unit of eligible employees, the following must occur:
The labor organization must submit a written request for representative status containing (i) a specific written description of the bargaining unit sought, (ii) any proposed specific exclusions to the bargaining unit, and (iii) verifiable evidence in the form of a petition, or cards, containing verifiable signatures from the eligible employees showing that no fewer than 50% of the eligible employees of the proposed bargaining unit seek to be represented by the labor organization (collectively "unit description") to the City Administrator via certified mail addressed to the City Administrator.
Within 30 days of receipt of the unit description, the Mayor will appoint a committee of three members of the Board of Aldermen to consider the adequacy of the evidence of representation presented by the labor organization and the appropriateness of the requested bargaining unit.
Within 30 days of being appointed, the committee will determine whether sufficient information has been presented by the unit description to determine the adequacy of the evidence of the labor organization's representation.
If the committee finds that sufficient information has not been presented for a determination of the adequacy of the evidence of representation, the committee will send the unit description back to the labor organization for further specificity and request that the labor organization present additional information within 30 calendar days.
Once, and if, the committee finds that sufficient information has been presented by the unit description for a determination of the adequacy of the evidence of representation, the committee, in consultation with the City Attorney, will recommend that the Board of Aldermen either:
In evaluating the adequacy of the evidence of representation and the appropriateness of the proposed bargaining unit under subsection (e) of this section, the committee and the Board of Aldermen may consider, but are not bound by, precedent from other cities, other states, or under the National Labor Relations Act. The Board of Aldermen's decision with respect to the adequacy of the evidence of representation and the appropriateness of the bargaining unit will be final and binding.
If under subsection (e) of this section the Board of Aldermen accepts the adequacy of the evidence of representation of the labor organization and the appropriateness of the bargaining unit, the representative status of the labor organization will be determined as follows:
Within 60 days of the Board of Aldermen's acceptance, the City will hold a secret ballot election to determine whether the majority of the voting eligible employees in the proposed bargaining unit desire to be represented by the labor organization for purposes of collective bargaining. No labor organization which has not been previously recognized by the City by means of voluntary recognition or Missouri State Board of Mediation procedures will be recognized as representing any eligible employee by any other means.
The election will be held by secret ballot. The secret ballot will be on a form substantially similar to the form utilized by the National Labor Relations Board for conducting union elections. Any labor organization that seeks to represent the proposed bargaining unit and that can provide verifiable evidence that it represents at least 50% of the eligible employees of the proposed bargaining unit will be included on the secret ballot.
The election will be conducted by either the Federal Mediation and Conciliation Service or the Missouri Department of Labor (or their designee). In the event that both the Federal Mediation and Conciliation Service and the Missouri Department of Labor decline to conduct the election, the City Administrator will select an arbitrator to conduct the election by requesting a panel of five arbitrators from the Federal Mediation and Conciliation Service and then selecting one of the arbitrators from the list to conduct the election.
After the election has concluded, the person conducting the election will immediately and publicly count the ballots and issue a report on election ("report on election") indicating how many ballots were cast for representation by the labor organization and how many votes were cast against representation.
Any disputes concerning the election must be referred for decision to the City Administrator for consideration within seven calendar days of the date of the election. The decision of the City Administrator on such disputes will be final and binding.
If there is no dispute concerning the election, then the results of the election will become final seven days after the report on election is issued.
After the results of the election become final, if a majority of the voting eligible employees of the bargaining unit voted to be represented by the labor organization, the City will consider the labor organization as representing the eligible employees of the bargaining unit ("member").
No labor organization, recognized or otherwise, may seek to represent any single bargaining unit (or portion of any bargaining unit) by secret ballot more than once in any consecutive, twelve-month period.
In the event that the majority of voting members of the bargaining unit vote to be represented by the labor organization for purposes of collective bargaining, the City's team will meet with the labor organization to confer and discuss wages, benefits and other terms and conditions of employment with the goal of reaching a mutually satisfactory proposed collective bargaining agreement to be submitted to the Board of Aldermen for approval.
The labor organization recognized by the City as representatives of any bargaining unit will be recognized by the City as the sole and exclusive collective bargaining representative for the purpose of collective bargaining on matters relating to wages, hours, and other terms and conditions of employment of the members in the recognized bargaining unit.
The City is committed to participating in good faith negotiations with any recognized labor organization representing any recognized bargaining unit and will abide by a collective bargaining agreement, in both letter and spirit, should one be signed by the Board of Aldermen and the labor organization and be ratified by the bargaining unit. Notwithstanding, and as set forth by the Missouri Supreme Court, the obligation to collectively bargain in good faith does not require that an agreement be reached or that a concession be made.
If the City and the labor organization reach an agreement on a proposed memorandum of understanding, the proposed agreement will be submitted to the Board of Aldermen for consideration. At that meeting, the Board of Aldermen will approve, reject, or hold the proposed memorandum of understanding open for further discussion.
The decision of the Board of Aldermen with regard to approving or rejecting a proposed memorandum of understanding will be final and binding. A memorandum of understanding that has been signed and ratified will have a finite duration within the terms of the agreement.
If after substantial negotiations the City's negotiating team and the labor organization are unable to reach agreement as to certain open items for which there has been no tentative agreement, and if there is not a procedure established by existing law or in an existing memorandum of understanding to address such an impasse, the City and the labor organization shall meet with the assistance of a mediator with the intent of said mediation being to resolve the impasse items. The mediator will either be mutually selected to by the parties or, if the parties are unable to agree on a mediator, shall be appointed by the Federal Mediation and Conciliation Service (FMCS). The mediator's compensation shall be divided equally between the City and the labor organization. If the labor organization is unwilling to agree in advance to pay for 1/2 of the mediator's fee, then the City shall have no obligation to submit the open items to a mediator. In advance of such mediation and in order to facilitate open dialogue during such mediation, the City and the labor organization shall agree that the negotiating positions taken by their respective representatives at such mediation shall not be disclosed outside of the mediation sessions. If after such mediation the City's negotiating team and the labor organization cannot reach an agreement on the terms of a proposed memorandum of understanding, the City's negotiating team may unilaterally submit its proposed memorandum of understanding to the Board of Aldermen for consideration as set forth above.
If there is not a procedure established by existing law, in the event that the majority of the members in a designated bargaining unit determine that they no longer wish to be represented by a recognized labor organization, they may revoke their designation of the labor organization by tendering a signed and dated petition for revocation to the City Administrator. Upon receipt of such a petition, the Mayor will appoint a committee of three members of the Board of Aldermen to consider the adequacy of the petition. If the committee determines that the petition to revoke representation is authentic and is signed by a majority of the members in a designated bargaining unit, the committee will so report to the Mayor and Board of Aldermen and the question of whether to revoke recognition of the labor organization as the bargaining representative of the employees in the bargaining unit shall be submitted to the Board of Aldermen.
In accordance with RSMo. 105.530, strikes and other unlawful conduct by any City employee, whether individually or in concert with others, including sympathy or wildcat strikes, sit downs, slow downs, and work stoppages, are prohibited.
Nothing in this section shall be construed to affect or supersede the authority of the Missouri State Board of Mediation.
[Ord. No. 4809, § 1, 11-14-2017]
A tuition reimbursement program for eligible employees is hereby established for employees who wish to continue their education at an approved learning institution. The City Administrator, or his or her designee, is authorized to establish rules and guidelines consistent with this section regarding the administration of, eligibility for, and participation in this program. No employee shall be reimbursed pursuant to this section in an amount exceeding $2,500 per calendar year. Funds available under this section shall be in an amount annually appropriated by the Board of Aldermen.