State Law Reference
Employment of visually handicapped — RSMo. 209.180.
[Code 1965, § 4A.12; Ord. No. 1473, § 11, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
Any person who shall willfully or through culpable negligence violate this chapter or any regulation made pursuant hereto for which no punishment is provided herein, shall be guilty of an offense. The conviction of any such offense shall operate automatically to terminate his service and to vacate his position; any employee so removed from the service shall not be reinstated, re-employed, reappointed or in any manner shall re-enter the service of the City.
[Code 1965, § 4A.01; Ord. No. 1473, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
The purpose of this chapter is to establish for the City a system of personnel administration based on the merit principle and scientific methods governing the appointment, promotion, tenure, welfare, transfer, lay-off, removal and discipline of its employees. It is the policy of the City to provide equal and fair employment opportunities to all job applicants and to provide equal and fair advancement opportunities to City employees without regard to race, color, creed, national origin, age, sex or religion. All appointments and promotions to positions in the service shall be made solely upon the individual qualifications for the positions being filled.
[Code 1965, § 4A.13; Ord. No. 1473, § 12, 12-11-1973; Ord. No. 2000, § 2, 4-23-1985; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4206, § 1, 10-13-2009; Ord. No. 4553, § 1, 4-14-2015; Ord. No. 4597, § 1, 11-24-2015; Ord. No. 4646, § 1, 4-12-2016; Ord. No. 4810, § 1(Exh. A), 11-14-2017]
The City of Crestwood Civil Service Rules and Regulations dated February 8, 1985, are hereby adopted and incorporated herein by reference. This manual and all amendments thereto shall be deemed a part of this chapter, and shall have the same force and effect as if they were set out herein in full.
[Code 1965, § 4A.02; Ord. No. 1473, § 1, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
The Department of Personnel shall consist of a Personnel Director and a City of Crestwood Civil Service Board consisting of three members.
[Code 1965, § 4A.03; Ord. No. 1473, § 2, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
The City Administrator shall serve as and be the Personnel Director. Members of the Civil Service Board shall be appointed by the Board of Aldermen, which shall designate one of the three members as chairman; and they shall serve without compensation. Each member shall be a registered voter of the City and shall have resided therein for at least two years immediately prior to his appointment. The members of the Civil Service Board shall be persons in sympathy with the application of merit principles to public appointment. The members of said Board during their terms thereon shall hold no other public office or employment in the City and shall not hold, or be a candidate for, any political office.
The members of the Civil Service Board shall serve terms of three years, except that of the members first appointed, one shall be appointed for one year, one for two years and one for three years. Vacancies shall be filled by the Board of Aldermen by appointment for the unexpired term. A member of the Board can be removed by the Board of Aldermen for cause, after being given a written statement of the charges against him and after a public hearing thereon, if requested by him. A certified copy of the charges and a transcript of the record of any hearing thereon shall be filed with the City Clerk/Collector.
[Code 1965, § 4A.04; Ord. No. 1473, § 3, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
The Personnel Director shall have the power and be required to:
Hold competitive examinations for all appointments in the classified service;
Prepare and maintain a job classification system covering all administrative positions in the classified and unclassified services;
Prepare and submit to the Board of Aldermen and, upon its approval, maintain a pay plan for all administrative positions in the City service except as otherwise provided herein;
Appoint, pursuant to the rules established by the Civil Service Board of the City, persons eligible to fill vacancies in the classified service;
Appoint and remove all employees in the unclassified service except as otherwise provided;
Report at least annually in writing to the Civil Service Board regarding the operation of the personnel program; and
Prepare and recommend to the Civil Service Board such rules as he may consider appropriate to carry out the provisions of this chapter.
[Code 1965, § 4A.05; Ord. No. 1473, § 4, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4047, § 1, 4-10-2007; Ord. No. 4204, § 1, 10-13-2009]
The Civil Service Board shall have the power and be required to:
Advise the Board of Aldermen and Director of Personnel on the problems concerning personnel administration;
Make any investigation that the Civil Service Board may deem desirable concerning appropriate changes or additions to the civil service rules for classified employees or procedures or general policies that unfairly or adversely affect classified employees and report to the Board of Aldermen at least once a year in writing on its findings, conclusions and recommendations;
Approve civil service rules;
Hear appeals of grievances regarding claimed violations, misinterpretations or misapplications of the civil service rules and regulations, department rules and regulations or disciplinary action affecting employment with the City;
Perform such other duties with reference to personnel administration, not inconsistent with provisions of the City, as the Board of Aldermen may require by ordinance;
Meet quarterly, or as directed by the Mayor, Board of Aldermen, or chairman of the Civil Service Board, or as requested by the City Administrator;
Review the classification and pay plan annually; and
Render decisions on grievance appeals.
[Code 1965, § 4A.06; Ord. No. 1473, § 5, 12-11-1973; Ord. No. 1511, § 1, 6-25-1974; Ord. No. 1648, § 1, 2-22-1977; Ord. No. 1999, § 2, 4-16-1985; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4050, § 1, 4-10-2007; Ord. No. 4205, § 1, 10-13-2009]
The administrative service of the City is hereby divided into the classified and unclassified service as follows:
The unclassified service shall include elected officials, City Administrator, police chief, Fire Chief, Public Works Director, Parks and Recreation Director, City Attorney, prosecuting attorney(s), municipal judge(s), and all other individuals designated as contract, temporary or seasonal employees, unless otherwise designated to be included by the Board of Aldermen.
The classified service shall comprise all positions not specifically included in paragraph (1) of this section.
[Code 1965, § 4A.07; Ord. No. 1473, § 6, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
The Civil Service Board shall hold a public hearing upon the rules recommended by the Personnel Director at which all persons interested may be heard. After such a hearing, the Board shall approve or reject the rules wholly or in part, or may modify them and approve them as modified. The rules approved by the Board shall then become effective when approved by the Board of Aldermen. The rules shall include provisions for:
Open competitive selection procedures to ascertain the relative fitness of all applicants for appointments in the classified service, which procedures shall be practical, shall relate to matters which fairly measure the relative fitness of applicants to discharge the duties of the positions which they seek and must take account of their character, training and experience, and no question in any verbal or written context shall relate to political, or religious opinion, affiliations or service;
Standardization in the classification of all positions in the classified service of the City, which classification into groups and subdivisions shall be made on the basis of duties and responsibilities and so arranged as to promote the filling of the higher grades, so far as practicable, through promotion;
Certification to the appointing authorities of up to three names standing on the appropriate eligible list for the purpose of filling a vacancy;
Temporary appointments to meet emergencies, in absence of an eligible list;
The appointing authority shall be the department head; and
Screening of applicants by department advisory boards prior to final appointment by the department head.
[Code 1965, § 4A.08; Ord. No. 1473, § 7, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
There shall be kept in the office of the Personnel Director an application register in which shall be entered the names and addresses and the order and date of application of all applicants for the civil service selection procedure and the offices or employments which they seek. All applications shall be on forms prescribed by the Civil Service Board.
[Code 1965, § 4A.09; Ord. No. 1473, § 8, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
All persons who, at the time this chapter is adopted, are holding a position hereby placed in the classified service of the City, shall be deemed to hold such positions as though appointed in accordance with the provisions hereof. Any vacancies thereafter occurring shall be filled from eligible lists in the manner herein provided.
[Code 1965, § 4A.10; Ord. No. 1473, § 9, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
Any employee under the classified service who shall be discharged or reduced in rank or compensation shall be presented with written reasons for such discharge or reduction as specified in the City grievance procedure manual.
[Code 1965, § 4A.11; Ord. No. 1473, § 10, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4050, § 1, 4-10-2007]
The Personnel Director may reject any application which indicates that the candidate does not possess the minimum qualifications required for the position. Applicants may also be disqualified for the following reasons depending on the circumstances:
The applicant is physically unfit to perform the duties of the position.
The applicant has been convicted for the use of drugs or intoxicants.
The applicant has been convicted of a felony.
The applicant made false statements on the application.
The applicant has an unsatisfactory employment record that demonstrates unsuitability for employment with the City.
The applicant has failed to submit his application or provide requested information within the prescribed time limits.
[Code 1965, § 4A.12; Ord. No. 1473, § 11, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
No person in the classified service of the City or seeking admission thereto shall be appointed, promoted, reduced, removed or in any way favored or discriminated against because of his race, color, creed, national origin, age, sex or religious affiliation. No person in the classified service of the City or seeking admission thereto shall be appointed, promoted, reduced, removed or in any way favored or discriminated against because of his race, color, creed, national origin, age, sex or religious affiliation. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any selection procedure, certification or appointment held or made under the personnel provisions or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or the rules and regulations made thereunder. No appointive salaried officer or employee of the City shall continue in such public office. No person seeking appointment to or promotion in the classified service of the City shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with his appointment, proposed appointment, promotion or proposed promotion.
[Ord. No. 3392, § 1, 12-12-1995; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4052, § 1, 4-10-2007]
The City hereby adopts the alcohol and controlled substance policy, including the testing for alcohol and controlled substances, which is contained in Chapter 13 of the City's Civil Service Rules and Regulations, as may be amended from time to time by the Board of Aldermen.
[Ord. No. 4617, § 1, 1-26-2016]
Unless expressly provided otherwise in an employee's written employment agreement, those employees who are not in the classified service shall accrue annual vacation leave in the amounts and in a manner consistent with Chapter X, Section 5 of the Civil Service Rules and Regulations of the City.
Unless expressly provided otherwise in an employee's written employment agreement, unused annual vacation leave may be carried into the next calendar year provided it does not exceed 160 hours. This applies for all employees of the City including exempt and non-exempt employees and those in the classified service and those not in the classified service. If an employee is unable to take vacation leave during a calendar year because of requirements of the City, then a greater number of hours may be carried into the next calendar year with the prior approval of the Personnel Director. Any leave in excess of 160 hours must be scheduled and may only be taken by the end of the first quarter of the following year. A part-time employee will be allowed to carry over a prorated amount based upon his or her scheduled working hours.
[Ord. No. 4052, § 1, 4-10-2007]
The City of Crestwood prohibits harassment based on such factors as race, age, color, religion or creed, gender, national origin, ancestry, political affiliation, sexual orientation and mental or physical disability.
The City of Crestwood will not tolerate any conduct which constitutes harassment of any employee or any individual working for or on behalf of the City of Crestwood by any person, including co-workers, other City staff or officials, vendors, or any non-employee who is working in a City of Crestwood facility.
Editor's Note: This ordinance also provided for the repeal of former Art. II, derived from Ord. No. 3583, adopted 9-28-1999.
[Ord. No. 4052, § 1, 4-10-2007]
- Ethnic slurs, racial "jokes," offensive or derogatory comments or other verbal or physical conduct based on an individual's race/color constitute unlawful harassment if the conduct creates an intimidating, hostile, or offensive working environment or interferes with the individual's work performance. Harassment may also include offensive slurs, "jokes" or other similar unwelcomed conduct.
- SEXUAL HARASSMENT
- Harassment on the basis of sex includes unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment occurs when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
- Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
- (a) The victim as well as the harasser may be a woman or man.
- (b) The victim does not have to be of the opposite sex.
- (c) The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- (d) The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- (e) Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser's conduct must be unwelcomed.
[Ord. No. 4052, § 1, 4-10-2007]
Reporting violations. Employees are encouraged to report any incident of harassment by any City of Crestwood employee or any other person. Employees should report incidents promptly to their supervisor, department head or any other member of management with whom the employee feels comfortable. An employee is not required to complain first to his or her supervisor or department head.
Management employees who receive a complaint, or observe, or become aware of possible harassment must immediately report it to the Personnel Director and Mayor to ensure proper handling. Failure to do so will result in disciplinary action, which may include the management employee's dismissal. When the Personnel Director is informed of a possible harassment, he will immediately report this possible harassment to the Mayor. The Board of Aldermen will be given a notification of incident when a compliant is filed.
Investigating complaints. Every complaint or report of harassment will be investigated thoroughly and promptly. For any complaint which is lodged against a department head, or for any other complaint the Personnel Director deems appropriate, the Personnel Director, in consultation with the City Attorney, shall appoint an investigator who is not an employee of the City to conduct the investigation. For any complaint that is lodged against the City Administrator, the Mayor, in consultation with the City Attorney, shall appoint an investigator who is not an employee of the City to conduct the investigation.
All complaints will be handled as confidentially as possible, and only those individuals directly involved with or investigating the complaint will be informed of the investigation findings.
The investigation findings will be documented, and the complaining employee and alleged harasser will be kept advised of the progress of the investigation and of the investigator's findings and conclusions.
The City of Crestwood will not tolerate any form of retaliation against any employee for making a complaint about harassment, reporting a possible incident of harassment, or cooperating in the investigation of a complaint.
Discipline. In the case of City employees, if the investigation determines that harassment occurred, the City of Crestwood will discipline the offender and take any other appropriate remedial action. Disciplinary action for a violation of this policy can range from written warnings up to and including discharge, depending on the circumstances. With regard to acts of harassment by non-employees, remedial action within the ability of the City of Crestwood will be taken.
Appealing decisions. If the complaining employee is dissatisfied with the handling of the investigation and/or its findings and conclusions, the employee may submit a letter of appeal to his department head within seven working days of being notified of the findings and conclusions. The department head will review the investigation documentation and any other information and will provide a written response to the complaining employee within 15 working days. If the complaining employee is dissatisfied with the department head's decision, the employee may submit a letter of appeal to the Personnel Director within seven working days of being notified of the department head's decision. The Personnel Director shall review the decision of the department head and provide a written response to the complaining employee within 15 working days.
Where the department head is the subject of the complaint, the employee may submit a letter of appeal directly to the Personnel Director within 15 working days of being notified of the finding and conclusions of the investigation. The Personnel Director shall review the investigation documentation and any other information and provide a written response to the complaining employee within 15 working days.
If the employee is dissatisfied with the Personnel Director's written response, he may follow the appeal process outlined in Chapter IX, Section 3E for further review by the Civil Service Board.
Where the City Administrator as Personnel Director is the subject of the complaint, the employee may submit a letter of appeal directly to the Civil Service Board within 15 working days of being notified of the findings and conclusions.