City of Crestwood, MO Employees Generally

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/her relative of the degree described in Subsection (a) of this Section is duly elected, or appointed, and is sworn into his/her 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.

(d)

The City permits family members (parent, spouse, child, sibling, grandparent, grandchild, aunt, uncle, cousin, in-law or step relative) to be appointed to City advisory or volunteer boards, committees or commissions. No City official may participate in the appointment process of a relative as described in Subsection (a) of this Section.

[Added 4-13-2021 by Ord. No. 5139[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection (d) as Subsection (e).

(e)

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.

§ 2-142 Leaves Of Absence.

[R.O. 1985 § 2-142; 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 ninety (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/her 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 thirty (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.

§ 2-143 Insurance Benefits Generally.

[R.O. 1985 § 2-143; 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.

§ 2-144 (Reserved) [1]

[1]

Editor's Note: Former § 2-11, Workers' compensation, was repealed 5-28-2019 by Ord. No. 4963.

§ 2-145 Tenure Of Office.

[R.O. 1985 § 2-145; 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.

(d)

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.

(e)

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.

(f)

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.

§ 2-146 Family And Emergency Medical Leave.

[R.O. 1985 § 2-146; Ord. No. 4203,[1] § 1 (Exh. A), 10-13-2009]

In accordance with the Family and Medical Leave Act of 1993 and as recorded in Section 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 twelve (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/her from performing the essential functions of his/her 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 twenty-six (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:

[a]

Short-notice deployment — seven (7) or fewer days before deployment;

[b]

Military events and related activities;

[c]

Childcare and school activities;

[d]

Financial and legal arrangements;

[e]

Counseling;

[f]

To spend time with the military member during rest and recuperation leave for up to five (5) work days;

[g]

Post-deployment activities for ninety (90) days following the military member's return; and

[h]

Additional activities not encompassed in the other categories, but agreed to by the employer and employee.

(3)

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 (3) consecutive full calendar days, that also involves continuing treatment by a health care provider i) two (2) or more times, or ii) 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 (3) full calendar days, and for prenatal care.

Under the multiple-visit prong, the two (2) visits must occur within thirty (30) days of the beginning of the period of incapacity and the first visit must take place within seven (7) days of the first day of incapacity.

(4)

Eligibility. Federal law governs which employees may be eligible for family or medical leave and provides certain conditions or limitations.

To qualify for leave under this policy, an employee (including a part-time employee) must:
a.	Have been employed by the City for at least twelve (12) months; and
b.	Have worked at least one thousand two hundred fifty (1,250) hours during the twelve-month period prior to the commencement of the requested leave.
Portions of this policy may not apply to certain key executive and key administrative employees. Please check with the City Administrator or his/her approved designee to determine whether you are eligible.
An eligible employee is only entitled to a total of twelve (12) weeks leave in any given twelve-month period regardless of qualifying conditions that may arise in any twelve-month period, except for military caregiver leave.
A husband and wife who are both employed by the City are only entitled to a combined total of twelve (12) weeks of leave for the birth or placement of a child or for the care of a sick parent. Married employees will receive twelve (12) weeks each of leave for their own serious illness, or to care for a child with a serious illness.

(5)

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.

(6)

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:

The certificate must state when the health condition began;

The treating physician's judgment concerning the probable duration of the condition; and

Relevant medical facts concerning the health condition (such as diagnosis and course of treatment).

Under certain circumstances, the City may require a second medical opinion and a periodic reevaluation, for which the City will pay. If the medical certification provided by the employee and the second opinion differ, the City may require that a third opinion be obtained, which will also be paid for by the City.

(7)

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.

(8)

Return To Active Employment. The City requires that the employee provide a "fitness-for-duty" certification that he/she is able to return to work. The certification must address the employee's ability to perform the essential functions of his/her 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/her previous position if possible, or an equivalent position if his/her previous position is no longer available.

(9)

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 (1) hour. [NOTE: The new regulations only allow transfer when the leave is for planned medical treatment.]

(10)

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 thirty (30) days in advance of the requested leave, by written notice to the employee's department head. Within five (5) 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/she had met the minimum qualifications for FMLA eligibility, and if not, at least one (1) reason. The rights and responsibilities notice informs the employee of his/her rights and obligations under the Act.

Within five (5) 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/her 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 thirty (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/her 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.

(11)

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.

[1]

Editor's Note: This ordinance also provided for the repeal of former § 2-146, as amended.

§ 2-147 Collective Bargaining.

[R.O. 1985 § 2-147; Ord. No. 4509, § 1, 11-25-2014]

The City has a framework for collective bargaining, set forth in Subsections (b) through (q) of this Section, and this framework applies to certain regular employees of the City holding certain eligible positions ("eligible employees").

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.

(d)

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.

(e)

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 fifty percent (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 thirty (30) days of receipt of the unit description, the Mayor will appoint a committee of three (3) 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.

(3)

Within thirty (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.

(4)

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 thirty (30) calendar days.

(5)

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:

Reject the evidence of representation and deny the request;

Reject the bargaining unit as being inappropriate with specific written reasons for the rejection; or

Accept the adequacy of the evidence of representation, agree to the bargaining unit, and proceed with an election as set forth in Subsection (g) of this Section.

(f)

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.

(g)

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 sixty (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.