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]
(a)
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.
(b)
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]
(a)
The Personnel Director shall have the power and be required to:
(1)
Hold competitive examinations for all appointments in the classified
service;
(2)
Prepare and maintain a job classification system covering all administrative
positions in the classified and unclassified services;
(3)
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;
(4)
Appoint, pursuant to the rules established by the Civil Service Board
of the City, persons eligible to fill vacancies in the classified
service;
(5)
Appoint and remove all employees in the unclassified service except
as otherwise provided;
(6)
Report at least annually in writing to the Civil Service Board regarding
the operation of the personnel program; and
(7)
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]
(a)
The Civil Service Board shall have the power and be required to:
(1)
Advise the Board of Aldermen and Director of Personnel on the problems
concerning personnel administration;
(2)
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;
(3)
Approve civil service rules;
(4)
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;
(5)
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;
(6)
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;
(7)
Review the classification and pay plan annually; and
(8)
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]
(a)
The administrative service of the City is hereby divided into the
classified and unclassified service as follows:
(1)
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.
(2)
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]
(a)
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:
(1)
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;
(2)
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;
(3)
Certification to the appointing authorities of up to three names
standing on the appropriate eligible list for the purpose of filling
a vacancy;
(4)
Temporary appointments to meet emergencies, in absence of an eligible
list;
(5)
The appointing authority shall be the department head; and
(6)
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]
(a)
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:
(1)
The applicant is physically unfit to perform the duties of the
position.
(2)
The applicant has been convicted for the use of drugs or intoxicants.
(3)
The applicant has been convicted of a felony.
(4)
The applicant made false statements on the application.
(5)
The applicant has an unsatisfactory employment record that demonstrates
unsuitability for employment with the City.
(6)
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]
(a)
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.
(b)
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] § 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.
[1]
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.
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:
The victim as well as the harasser may be a woman or man.
The victim does not have to be of the opposite sex.
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.
The victim does not have to be the person harassed but could
be anyone affected by the offensive conduct.
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]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
