[R.O. 2006 §125.010; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A.
The Board of Aldermen is authorized and directed to adopt rules and
regulations for the administration of the City human resources system.
The rules are designed to facilitate efficient and economical services
to the public and to provide a fair and equitable system of human
resources management.
B.
It is the purpose of these rules to set forth the principles and
procedures, which will guide the City in the administration of its
human resources program. They are intended to establish an efficient,
equitable and functional system of human resources administration
based on merit principles, which govern the appointment, promotion,
transfer, layoff, dismissal, discipline, and other related conditions
of employment. These rules do not constitute a contract between the
City and its employees.
C.
These rules shall not be construed as limiting in any way the power
and authority of any department manager to make departmental rules
and regulations governing the conduct and performance of employees.
Departmental rules and regulations shall not conflict with provisions
of these rules. Departmental rules shall be approved by the City Administrator
and shall be published and a copy furnished to each employee to whom
they apply. Such rules and regulations, when approved, published,
and distributed as herein provided, shall have the force and effect
of rules of that department, and disciplinary action may be based
upon breach of any such rules and regulations.
[R.O. 2006 §125.015; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
Board actions relative to the human resources policies and regulations
shall be filed with the City Clerk and maintained in a special file
for the purpose of consistency. Duplicate copies shall be filed with
the City Administrator and the Human Resources Generalist.
[R.O. 2006 §125.020; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 08.01 §2, 1-3-2008; Ord.
No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 13.57 § 5, 9-19-2013; Ord. No. 14.42 § 1, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
The following terms, whenever used in these rules, shall be
defined as follows:
The assignment of a single position to its proper class in
accordance with the duties performed, and the authority and responsibilities
exercised.
The following positions shall be deemed appointed officials:
City Administrator, City Clerk, Chief of Police, Building Official,
City Planner, Public Works Director, City Engineer, City Treasurer,
and City Attorney.
[Ord. No. 23.73, 10-5-2023]
The officers of the City who, in their individual capacities
or as a board, commission, the Mayor, or Board of Aldermen, have the
final authority to make the appointment to the position to be filled.
The City of Osage Beach.
City Administrator as used in these rules shall be the appointed
City Administrator or individual named by the City Administrator to
act in his/her behalf on these matters.
All positions sufficiently similar in duties, authority and
responsibility to permit grouping under a common title and the application
with equity of common standards of selection, transfer, promotion
and salary.
Employees shall be classified as full-time, temporary/seasonal,
part-time, PRN, contractual, appointed, or intermittent.
All positions of full-time status employment in the service
of the City except members of boards and commissions and officers
of the City.
The Human Resources Commission established as provided elsewhere
in these regulations.
A direct or indirect interest that conflicts substantially
with an employee's official duties and responsibilities.
The movement for disciplinary purposes of an employee from
one class to another class having a lower maximum rate of pay.
Full-time employee designated broad areas of responsibility
within the City.
Staff member designated by the City Administrator to represent
him/her in human resources matters.
A person whose name is on an employment list.
APPOINTED OFFICIALThe following positions shall be deemed appointed officials: City Administrator, City Clerk, Chief of Police, Building Official, City Planner, Public Works Director, City Engineer, City Treasurer, and City Attorney.
[Ord. No. 23.73, 10-5-2023]
CONTRACTUAL EMPLOYEEAny employee who receives compensation and other benefits as provided for in individual contracts negotiated between the employee and the City.
EXEMPT EMPLOYEEAn employee that does not qualify for overtime benefits as defined by the Fair Labor Standards Act.
FULL-TIME EMPLOYEE
[Ord. No. 20.32, 5-21-2020]
An employee who regularly works at least thirty-two (32) hours
per week on a year-round basis and who has successfully completed
the probationary period and has been appointed as a full-time employee.
For the purpose of the definition of full-time employees eligible for benefits under Section 125.240, the City Administrator shall have the authority to direct the use for the alternate definition "full-time employee under pandemic illness emergency," set forth below, for any employee impacted by staffing or hours reductions where the Mayor has declared a pandemic illness emergency under Section 125.120(F) of this Code.
FULL-TIME EMPLOYEE UNDER PANDEMIC ILLNESS EMERGENCYAn employee who regularly works at least twenty-four (24) hours per week on a year-round basis and who has successfully completed the probationary period and has been appointed as a full-time employee.
INTERMITTENT EMPLOYEEAn employee who fills a position that requires a large degree of flexibility in the number of hours worked either on a daily, weekly, monthly, or annual basis.
NON-EXEMPT EMPLOYEEAn employee that does qualify for overtime benefits as defined by the Fair Labor Standards Act.
PART-TIME EMPLOYEEAn employee who regularly works less than thirty-two (32) hours per week on a year-round basis. Part-time employees are excluded from benefits and the appeal process under these rules.
PRN STATUS EMPLOYEEAn employee who works on an as needed basis. PRN status employees are excluded from benefits and the appeal process under these rules.
PROBATIONARY EMPLOYEEAny employee serving a probationary period. They are excluded from the appeals process under these rules.
TEMPORARY/SEASONAL EMPLOYEEA classification of employees who may work up to forty (40) hours per week or more, but not on a year-round basis and who are excluded from benefits and the appeal process under these rules.
Providing or performing a service, or participation by an
employee in any enterprise, public or private, which results in or
anticipation of receiving wages, compensation, or other consideration
of value. Employment does not include unpaid volunteer work for a
charitable or civic organization, unless that work falls outside the
criteria detailed in the Secondary Employment Policy.
[Ord. No. 17.55 §§ 1 —
2, 8-3-2017]
A list of names of persons who have applied for employment
in the classified service and have qualified for consideration by
demonstrating their fitness for such employment.
A list of names of persons who are presently employed in
the classified service and who have qualified for promotion to a higher
class.
EXAMINATIONCONTINUOUS — An open competitive examination which is administered periodically and as a result of which names are placed on an employment list. Such examinations shall be conducted as the needs of the City dictate.
EXAMINATIONOPEN COMPETITIVE — An examination for a particular position, which is open to all persons meeting the qualifications of that position.
EXAMINATIONPROMOTIONAL — An examination for a particular position, admission to the examination being limited to full-time and probationary employees in the classified service who meet the qualifications of that position.
The City Administrator administers the comprehensive human
resources program as established by the Osage Beach Code of Ordinances.
Includes all records kept by the Human Resources Generalist
or in the Human Resources System of any type.
[Ord. No. 18.21, 4-19-2018]
The following positions shall be deemed the Management Team: the appointed officials, as defined within Chapter 125, Assistant City Administrator, Human Resources Generalist, Airport Manager, IT Manager, Public Works Operations Manager, and the Parks and Recreation Manager.
[Ord. No. 23.01, 3-2-2023]
A salary increase granted on the basis of meritorious service
within the limits of a pay range established for a class.
Favoritism shown to relatives of employees or the Mayor and
Board of Aldermen especially in appointment to desired positions.
Relatives shall include all persons related to the fourth degree by
either consanguinity or affinity.
As defined in the Fair Labor Standards Act except as per Section 125.050(G).
All law enforcement, records, "911" center, and ambulance
employees.
A trial period during which an employee is required to demonstrate
fitness for the position to which appointment may be made after review
of actual performance of the duties of the position by the probationary
employee.
The movement of an employee from one class to another class
having a higher maximum rate of pay.
Those persons belonging to a class which, because of race,
color, religion, sex, national origin, handicap or age, is protected
by State or Federal law.
The appointment of a person who possesses the minimum qualifications
established for a particular class and who has been appointed to a
position in that class subject to successful completion of the probationary
period.
The movement of an employee, for reasons other than promotion
or demotion, from one class to another class having a higher or lower
maximum rate of pay.
Secondary employment refers to two (2) types of employment,
extra-duty employment and off-duty employment.
[Ord. No. 17.55 §§ 1 —
2, 8-3-2017]
EXTRA-DUTY EMPLOYMENT: An extra-duty assignment for Police Officers,
Paramedics, or EMTs, or other approved City employees, at an assigned
location within City limits for duties or services to be performed
by a City employee on behalf of a third party, an outside organization,
company, or individual, pursuant to an approved agreement between
the City and the third party.
OFF-DUTY EMPLOYMENT: Commonly referred to as outside employment.
A job, duty, or activity performed by a City employee in which wages,
compensation, or other consideration of value is received from a third
party, includes, but not limited to, another organization, company,
or individual. This includes self-employment, contract work, and any
other agreement for services made by a City employee with a third
party.
Operation of any vehicle or piece of equipment capable of
causing physical injury to an employee or members of the public.
Unwelcome sexual advances, requests for sexual favors and
other verbal or physical conduct of a sexual nature that takes place
when submission to the sexual advance is a condition of keeping or
getting a job, or a condition of other human resources action, whether
the remarks were explicit or implicit. Sexual harassment also occurs
when sexual conduct unreasonably interferes with a person's work performance
or creates an intimidating, hostile work environment.
A full-time employee whose workweek is other than Monday
through Friday, 8:00 A.M. — 5:00 P.M.
A person who has been designated as a supervisor and has
the authority and responsibility for overseeing, scheduling, and performance
of other employees.
The temporary relief from duty of an employee during a period
of inquiry into actions of the employee.
The temporary separation from service of an employee without
pay for disciplinary purposes.
The change of an employee from one position to another in
the same pay range.
[Ord. No. 18.21, 4-19-2018]
All records made, kept, acquired or in any way in possession
of the City or any of its supervisors, agents or employees regarding
the hiring, firing, disciplining or promoting of individual employees,
including, but not limited to, evaluations performance reviews and
any other record which may be considered in any decision to hire,
fire, discipline or promote any particular employee, where personal
information about the employee is discussed or recorded, or when there
is a discussion or decision as to whether to hire, fire, promote or
discipline any particular employee, and all other personal information
relating to the performance or merits of individual employees are
hereby declared to be closed.
[R.O. 2006 §125.030; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.08 § 1, 4-3-2014; Ord. No. 14.42 §§ 2 — 3, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A.
Non-Covered Parties.
1.
Volunteers, elected officials, police reserves, contractual,
intermittent, seasonal, temporary, and PRN employees are not covered
by these rules unless specifically included.
2.
Appointed officials are not covered by these rules except under
the following Sections. The Board may provide additional benefits
to appointed officials upon Board action.
[Ord. No. 23.80,[1] 11-16-2023]
[1]
Editor's Note: As it affects this Subsection, this ordinance
shall be in full force and effect on January 1, 2024.
B.
Affirmative Action Program And Equal Opportunity Policy.
1.
This Section covers all City employees, volunteers, and police
reserve.
2.
No City employee shall discriminate against any applicant who
seeks employment with the City or any fellow City employee as regards
hiring, removal, work assignment or disciplinary action.
3.
No question on any test or on any application form shall be
framed as to attempt to elicit information concerning sex, race, color,
ancestry, national origin, political or religious opinions, handicaps,
or affiliations of any applicant. The City Administrator may gather
such information for statistical purposes prior to employment.
4.
Selection procedures used to hire, assign, or promote employees
or candidates for employment shall be regularly reviewed by the City
Administrator to insure that they are truly related to the job and
that the requirements for a particular job are realistic and job related.
5.
The City Administrator shall serve as the affirmative action
officer for the City and shall supervise and oversee the selection,
promotion, assignment and disciplinary procedures of the City. Each
department manager shall be held fully responsible for insuring that
the intent of the affirmative action plan is aggressively pursued
in his/her department.
6.
A person's sex will not be used as a hiring or promotional requirement,
except where a person's sex is a bona fide requirement of the job.
7.
The City Administrator will determine the requirement for each
position. All hiring in the classified service shall be done at the
direction of the City Administrator.
8.
The City Administrator will also serve as employee counselor
and shall assist employees in obtaining a job or personal counseling
services from available sources. All employees are encouraged to discuss
their employment, assignment and promotional possibilities with the
City Administrator after informing the supervisor.
9.
All jobs not filled by other provisions of these rules and offered
to the public will be published by any means approved by the City
Administrator.
10.
Persons and organizations interested in assisting persons in
obtaining employment with the City will be advised of job openings
if their interest is made known in writing to the City Administrator.
11.
Present employees shall be given equal opportunity in filling jobs as provided by these regulations in Section 125.100(A).
C.
Political Activity. In addition to any restrictions on political
activities that may apply to the City employees by reason of any State
Statute or Federally-aided program subject to the Federal Election
Campaign and Federal Political Activities Act, the following restrictions
shall govern City Officers and employees:
1.
No person who holds any compensated appointed City position
shall make, solicit or receive any contribution to the campaign funds
of any candidate for municipal office or take any part in the management,
affairs, or political campaign of any such candidate; but he/she may
exercise any other rights of a qualified elector. No employee shall
prepare, circulate, or file an initiative or referendum petition with
respect to his/her own conditions of employment.
2.
Any employee or officer who seeks nomination or becomes a candidate
for public office in Osage Beach or a public office, which might conflict
with the public interests of Osage Beach, shall immediately request
a leave of absence during the campaign and if elected to office, shall
immediately resign his/her position in the City of Osage Beach service.
The provisions of this Section shall not apply to elected officials
running for re-election. The Board of Aldermen shall determine whether
a political office outside the City of Osage Beach conflicts with
the public interests of Osage Beach.
3.
No officer, agent, clerk, or employee under the government of
the City, and no candidate for any City office shall, directly or
indirectly, solicit or receive, or be in any manner concerned in soliciting
or receiving, any assessment, subscription, contribution, or political
service, whether voluntary or involuntary, for any political purpose
whatsoever from anyone on the lists or holding any position under
the provisions of this Chapter. No officer or employee in the competitive
service shall, directly or indirectly, solicit or receive, or be in
any manner concerned in soliciting or receiving, any assessment, subscription
or contributions, whether voluntary or involuntary, for any purpose
affecting his/her working conditions from any person other than an
officer or employee in the competitive service.
4.
Nothing in this Section shall be construed to prevent employees
and officers from:
a.
Becoming or continuing to be members of any political party,
club, or organization;
b.
Attending political meetings;
c.
Expressing their views on partisan political matters outside
of working hours and off City premises;
d.
Circulation of petitions on a public question except as hereinabove
restricted; or
e.
Voting with complete freedom in any election.
5.
Political Activity Of First Responders. Nothing in the foregoing Subsection (C)(1) through (4) of this Section 125.030 shall prohibit any "first responder," defined as any person trained and authorized by law or rule to render emergency medical assistance or treatment, including, but not limited to, emergency first responders, police officers, ambulance attendants and attendant drivers, emergency medical technicians, mobile emergency medical technicians, emergency medical technician-paramedics, registered nurses or physicians from engaging in any political activity while off duty and not in uniform, from being a candidate for elected or appointed public office, or from holding such office unless such political activity or candidacy is otherwise prohibited by State or Federal law. In any situation where there is a conflict between this Subsection (C)(5) and Subsection (C)(1) through (4) as applied to a first responder, this Subsection (C)(5) shall control. In all other situations Subsection (C)(1) through (4) shall remain in full force and effect.
D.
Violation Of Rules. Violation of the provisions of these rules shall
be grounds for disciplinary action.
E.
Amendment And Revision Of Rules. An interested person to the City
Administrator may suggest proposed amendments and revisions of these
rules. The City Administrator will refer these suggestions, with his/her
comments, to the Board for action. The Board may, by ordinance, change
or modify these rules. Amendments and revisions to these rules shall
become effective upon adoption of an appropriate ordinance by the
Board of Aldermen.
F.
City Administrator. The human resources program established by this
Chapter shall be administered by the City Administrator or his/her
designee, who shall be responsible for administering the classification
and compensation plan, benefit program, recruiting, testing, performance
rating system, and related programs. The City Administrator or his/her
designee shall be responsible for training, health and safety, wage
and salary administration, benefit and service award programs, human
resources relations, human resources research studies and for employee
counseling. The City Administrator or his/her designee shall:
G.
Employee Human Resources Records. The City Administrator and the
Human Resources Generalist shall maintain a human resources file,
to be known as the employee's human resources file, on each employee.
Employees have the right to review their individual human resources
folder and to have copies of any materials. They may request that
any material be removed from their folders. Denial of such a request
may be appealed. Employees have the right to prepare and submit a
rebuttal to any material in the file. Employee's access to his/her
human resources file shall be scheduled at the convenience of the
employee and the Human Resources Generalist and shall be reviewed
only in the presence of the Human Resources Generalist and the employee.
H.
Access To Human Resources Records. Human resources files shall be
protected from access by persons other than the following:
1.
City Administrator;
2.
Human Resources Generalist;
3.
Information may be shared with the City Attorney at the discretion
of the City Administrator;
4.
Information systems employees may have access by virtue of their
information systems responsibilities;
5.
Department managers for employees of his/her department(s);
6.
Supervisors for employees directly supervised; and
7.
The employee.
|
A City employee who reveals any information contained in another
employee's human resources records to any person except as provided
for herein shall be subject to disciplinary action.
| ||
|
The following information is generally available without authorization
from the employee through the Human Resources Generalist:
| ||
|
1.
|
Verification of data sufficient to insure proper identity of
an employee; and
| |
|
2.
|
Verification of current employment status.
| |
|
3.
|
Requests for kinds of information not included above may only be considered when accompanied by a signed authorization from the employee or as provided in Subsection (I) below.
| |
I.
Request For Materials. Records subpoenaed or otherwise received in
connection with some legal action or investigation must be submitted
in itemized form. Items not specifically identified will not be provided.
When an investigator seeks information, only the material specifically
identified and requested shall be disclosed, and the Human Resources
Generalist shall check the investigator's credentials. If there is
any doubt concerning the validity of the credentials or appropriateness
of the information requested, a written request for the material including
verification of the credentials may be required before disclosure.
All such requests shall be directed to the Human Resources Generalist.
For the purposes of this Section, "investigator" shall be an individual
specifically named by a court of competent jurisdiction.
J.
Conflict Of Interest. In addition to State Statutes regulating and
defining conflict of interest, no employee shall accept any gift,
favor, or service that might reasonably tend to improperly influence
the officer or employee in the discharge of official duties.
No employee of the human resources office, or examiner, or other
person shall defeat, deceive or obstruct any person in his/her right
to examination, eligibility, certification or appointment under this
act, or furnish to any person any special or secret information for
the purpose of affecting the rights or prospects of any persons with
respect to employment in the City of Osage Beach.
No employee shall have a direct or indirect financial interest
that conflicts substantially with his/her official duties and responsibilities;
nor accept or solicit a fee, payment or expense, gratuity or any other
thing of monetary value; nor influence or coerce others in the City
Government to gain a financial or other advantage for themselves or
a family member or other interest; nor engage directly or indirectly
in a financial transaction as a result of or primarily relying on
information not available to the general public, nor accept contemporaneously
with his/her City employment, any other employment for compensation
that would tend to conflict with City duties or tend to reflect unfavorably
upon the appearances and purposes of the City of Osage Beach.
K.
Nepotism. In addition to any restrictions or prohibitions placed
upon the employment of relatives by the Missouri Constitution, the
following guidelines are set in place:
1.
Persons related to an elected official of the City shall not
be employed by the City during the tenure of said elected official
unless the employment precedes the election.
2.
Persons related to an appointed official or any member of the management team, as defined within Chapter 125, shall not be employed by the City in any department during the tenure of said appointed official or management team member. This Section shall not apply to persons employed by the City in their positions as of August 15, 2014.
3.
Persons related to each other shall not be employed by the City
in the same department. This shall apply to all City employees. For
purposes of this Section, employees working within the departments
of Law Enforcement, 911 Center, and Ambulance shall be considered
as working within one (1) department and employees working within
the Public Works Department, all employees under the direction of
the Public Works Director, shall be considered as working within one
(1) department.
4.
For purposes of determining the applicability of this Section
to candidates for employment by the City, the term "related" shall
be defined to include any relationship by blood or marriage within
the fourth degree.
5.
Every employee shall promptly disclose to the City Administrator any relationship covered under this Section. The failure of any employee to make this disclosure in a prompt and timely manner shall be a violation of Sections 125.150(B)(1) and (16) of this Code and will be subject to discipline under this Code.
6.
In the event that the City Administrator considers a waiver of any of these rules under Section 125.030(K) concerning nepotism to be in the best interest of the City, the City Administrator shall refer the matter to the Board of Aldermen for its consideration in a closed session of the Board after proper notice pursuant to Section 610.021.3, RSMo. The Board of Aldermen may vote to grant a waiver of these rules under Section 125.030(K) if it is in the best interest of the City and does not violate Article VII, Section 6, of the Missouri Constitution and any other constitutional provisions, statute, or ordinance.
[Ord. No. 23.80,[2] 11-16-2023]
[2]
Editor's Note: As it affects this Subsection, this ordinance
shall be in full force and effect on January 1, 2024.
L.
Gender. When any subject matter, party or person is described or
referred to by words imparting the masculine or feminine, the other
sex shall be deemed included.
M.
Secondary Employment. In order to ensure the integrity of public service, to reduce conflicts of interest, reduce risks to the City and public health and safety, and to ensure proper and efficient use of public resources, the City finds it necessary to govern all secondary employment. Denial of secondary employment may be appealed under Section 125.170. Refer to Secondary Employment Policy dated 08/03/2017.
[Ord. No. 17.55 §§ 1 —
2, 8-3-2017]
[Ord. No. 14.42 §4, 9-4-2014]
A.
In the event that any City employee is charged with any crime, felony
or misdemeanor under State or Federal law the following procedure
shall apply:
1.
The employee shall immediately report to his or her supervisor
the charge, date, court, and any involvement with City personnel or
property and the terms of the bond or other release as those terms
affect the employee's duties with the City or interaction with City
personnel.
2.
Every six (6) months the employee shall report the status of
the case and the anticipated date of resolution of the matter.
3.
If the crime involves City property, other persons who are employees
of the City, a City contractor or their employees or in any other
way impacts on the business of the City, the supervisor and employee
shall report the matter to the City Administrator.
4.
For matters reported under Subsection (A)(3) above, the City Administrator shall take all necessary action to safeguard the City's interest, property and personnel.
5.
If in the opinion of the City Administrator the crime charged
or a conviction reflects on the performance of the employee's job
duties, or the City as a whole, the City Administrator may alter the
employees' work duties, suspend, and/or terminate. In no event shall
any altered work duties and/or suspension be in excess of six (6)
months. In the event that the City Administrator considers that an
employee's suspension should be extended longer than six (6) months,
the City Administrator shall refer the matter to the Board of Aldermen
for its consideration in a closed session of the Board held after
proper notice pursuant to Section 610.021.3, RSMo.
6.
This Section shall apply to all State and Federal felony and
misdemeanor charges, charges under the general ordinances of any city
and to those traffic charges, including City ordinance violations,
which involve alcohol and the operation of a motor vehicle, driving
on a suspended or revoked license, or leaving the scene of an accident.
7.
The failure of any employee to properly report a charge covered
by this Section or to abide by any of the provisions of this Section
shall subject the employee to discipline in the discretion of the
City Administrator, including termination.
[R.O. 2006 §125.040; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A.
Appointment Human Resources Commission. The Commission will
consist of the following members:
1.
Chairperson shall be the City Administrator or in the absence of
the City Administrator, the Assistant City Administrator who shall
vote only in case of a tie.
2.
Three (3) department managers who shall serve rotating four (4) year
terms appointed by the City Administrator.
3.
Three (3) employees who will be elected by the non-supervisory employees
and/or non-management employees and which will consist of one (1)
employee from the Police Department, one (1) employee from Administration
and one (1) employee from the Public Works and Airports Departments
to serve for four (4) years. No person shall serve successive terms.
4.
The City Clerk shall be the Secretary.
B.
Duties Of The Commission.
C.
Meetings. The Commission may hold special meetings upon
the call of the Chairman. A majority of the members shall constitute
a quorum for the transaction of business. Meetings shall be conducted
informally in accordance with such rules as may be adopted by the
Board. All members of the Commission shall be notified at least twenty-four
(24) hours before the special meeting.
[R.O. 2006 §125.050; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 05.54 §§1
— 2, 12-1-2005; Ord. No. 07.65 §§1 —
2, 12-6-2007; Ord. No. 08.35 §1, 12-22-2008; Ord. No. 09.55 §1, 12-22-2009; Ord. No. 12.07 §§1 —
2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 13.03 §1, 2-11-2013]
It is the policy of the City of Osage Beach that a Classification
and Compensation System be established and maintained to provide a
means to assist in recruiting, retaining, and rewarding qualified
employees. The Classification and Compensation System shall seek to
establish wage and salary ranges that are competitive with the labor
market.
The objectives of the system are as follows:
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1.
|
To maintain pay structures that are competitive with labor markets
from which employees are recruited and is reflective of the values
and goals of the City.
|
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2.
|
To ensure the most effective and efficient use of the City's
financial resources.
|
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3.
|
To provide a rational basis for making pay decisions eliminating
arbitrary salary assignments, thereby establishing and ensuring internal
fairness and equity.
|
A.
Preparation Of Plan. The City Administrator or the person
or firm employed for that purpose shall ascertain and record the duties
and responsibilities for all positions in the classified service and
shall recommend a classification plan for such positions. The classification
plan shall consist of classes of positions in the classified service
defined by class specifications, including job titles. The classification
shall be developed and maintained to insure that all positions substantially
similar with respect to duties, responsibilities, authority, and character
of work are included within the same class, and that the same schedules
of compensation may be made to apply with equity under like working
conditions to all positions in the same class. Job descriptions shall
reflect normal duties but shall not preclude the assignment of additional
duties as best meets the needs of the City.
B.
Maintenance Of The Classification And Compensation Plan. The Human Resources Generalist and City Administrator are responsible
for implementation and maintenance of the Classification and Compensation
System. These responsibilities include assessment of proposed new
positions, reassessment of existing positions, preparation and maintenance
of job descriptions and assignment of position titles and pay levels,
and maintenance of the overall City pay structure.
C.
Assessment Of New Positions.
1.
Following approval to create a new position, the supervisor completes
the job analysis questionnaire (JAQ) describing the duties to be assigned
to the position.
2.
The department manager submits the JAQ to the Human Resources Generalist
and City Administrator for assessment.
3.
The Human Resources Generalist conducts an assessment of the duties
and responsibilities of the position and, in consultation with the
City Administrator, assigns a position title and pay level.
4.
The department manager is notified in writing of the position title
and pay level.
D.
Reassessment Of An Existing Position.
1.
Except in unusual circumstances, requests for reassessment may be
made annually in concert with budget preparation. Each year the Human
Resources Generalist will notify departments of the period within
which any position reassessments must be considered. A review of a
position's classification is warranted when there has been a material,
significant, and permanent change in job duties. The supervisor or
department manager is responsible for recognizing such job changes.
Additionally, an employee who believes his or her job is not properly
classified may request a reassessment.
2.
When the supervisor and department manager concludes that a material,
significant, and permanent change in job duties has occurred, the
JAQ should be completed and sent through administrative channels to
the Human Resources Generalist.
3.
Upon receipt of a JAQ, an assessment of the duties and responsibilities
of the position will be made. This process usually includes an interview
with the employee and supervisor. Following a complete evaluation,
the Human Resources Generalist in consultation with the City Administrator
will determine if the job should remain as presently classified or
if a new classification is appropriate. The department manager is
notified in writing of the reassessment results.
E.
Periodic Position Review And Maintenance Of Job Descriptions. In order to ensure that jobs remain in the appropriate classification
and job descriptions are relevant, the Human Resources Generalist
is responsible for establishing procedures so that all positions are
reviewed every five (5) years.
[Ord. No. 21.81, 12-16-2021[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2022.
F.
Annual Review Of Pay Structure. It is the policy of the
City to pay at a level that is competitive with market rates for City
positions. Through annual review of the Pay Plan, the City Administrator
will recommend necessary modifications and the Board of Aldermen may
consider the need for any changes between the City's level of pay
and market pay level for jobs. Modification of the Pay Plan will be
based on changes in the market and the City's available resources.
The Human Resources Generalist will annually compare pay ranges
established in the Pay Plan with market pay for similar jobs.
G.
Individual Employee Pay Adjustments. Individual pay adjustments
may be made in any of the following ways:
1.
Merit and lump sum increases. Refer to Merit Increase
Policy dated 01/01/19.
[Ord. No. 16.86 §1, 12-1-2016; Ord. No. 18.60, 12-20-2018]
5.
Travel and expense. Refer to policy dated 08/03/17.
[Ord. No. 17.55 §§ 1 —
2, 8-3-2017]
6.
Uniform/dress. Refer to policy dated 8/21/14.
[Ord. No. 14.42 §5, 9-4-2014]
7.
City-wide merit adjustment. The Board of Aldermen
may authorize a City-wide merit adjustment. The Board may authorize
a percentile range for the adjustments.
8.
On-call pay.
[Ord. No. 21.81, 12-16-2021[7]]
a.
Employees will be paid a minimum of three (3) hours when called to
work during off-duty hours for emergency or imperative work that cannot
be addressed during business hours or as determined by the department
manager.
b.
An employee called out within three (3) hours or less from the start
of his/her regular scheduled shift shall be paid for actual hours
worked at his/her regular wage rate and mileage reimbursement does
not apply.
c.
Round trip mileage, calculated from the employee's residence to the
City (appropriate departmental location) and back to the residence,
shall be paid upon departmental authorization on call outs, excluding
exception listed above in item (b).
[7]
Editor's Note: This ordinance provided an effective date of
1-1-2022.
9.
Standby pay.
[Ord. No. 21.81, 12-16-2021[8]]
a.
Employees with predetermined positions requiring to be on standby
for a determined time period for the purpose of on-call status shall
receive seven (7) hours of his/her overtime rate per week (week =
a seven-day period and for time periods other than a week, paid hours
shall be prorated) to compensate for this on-call status.
b.
Employees are required to be able to report to work upon call-in
within a reasonable time period based on the equivalent travel time
from his/her specific residence.
c.
The same "fit for duty" expectations apply as if the employee is
reporting for work during his/her regular scheduled hours of work.
d.
Employees shall forfeit his/her scheduled standby if employee is
unable to perform the duties required for any reason and/or is unable
to report to work within the reasonable time frame stated above.
[8]
Editor's Note: This ordinance provided an effective date of
1-1-2022.
[R.O. 2006 §125.060; Ord. No. 06.11 §§1 — 6, 3-16-2006; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A.
Upon request, an applicant, employee or volunteer seeking employment
in Osage Beach, Missouri, or a criminal background check shall submit
one (1) set of his/her fingerprints taken by the Osage Beach Police
Department.
B.
Upon receipt of the fingerprints and the appropriate fees, the City
of Osage Beach will transmit the fingerprints and appropriate fees
(unless a satisfactory billing arrangement has been entered into between
the municipality and the Missouri State Highway Patrol) to the Missouri
State Highway Patrol. The Missouri State Highway Patrol will compare
the subject's fingerprints against its criminal file and, if no disqualifying
conduct is found therein, the fingerprints will be submitted to the
Federal Bureau of Investigation for a comparison with nationwide records.
The results of the Federal Bureau of Investigation check will be returned
to the Missouri State Highway Patrol, which will disseminate the State
and national results to the City of Osage Beach.
C.
If an employer or organization is a private entity, the City of Osage
Beach shall render a fitness determination based upon the results
of the criminal background check and communicate its fitness determination
to such private employer or organization. If an employer or organization
is a public entity, the City of Osage Beach shall:
D.
In rendering a fitness determination, the City of Osage Beach will
decide whether the record subject has been convicted of or is under
pending indictment for:
E.
A record subject may request and receive a copy of his/her criminal
history record information from the City of Osage Beach. Should the
record subject seek to amend or correct his/her record, he/she must
contact the Missouri State Highway Patrol for a State record or the
Federal Bureau of Investigation for records from other jurisdictions
maintained in its file.
F.
The City Clerk is directed to send a copy of this Section to the
following:
|
Missouri State Highway Patrol
| |
|
1510 East Elm Street
| |
|
P.O. Box 9500
| |
|
Jefferson City, Mo 65102-9500
| |
|
Attn: Access Integrity Unit
|
[R.O. 2006 §125.070; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A.
Announcement. All examinations for City employment not filled by the special conditions of Section 125.100 below will be published by any means approved by the City Administrator. Job announcements must also be sent to any interested individuals or groups active in assisting persons in obtaining City employment. The Human Resources Generalist must also take whatever steps may be necessary to insure public awareness of City employment opportunities. He/she may advertise outside the community when appropriate.
B.
Application Forms. Applications shall be made as prescribed on the
job announcements. Application forms shall require information covering
training, experience, and other pertinent information, and may include
certificates of one (1) or more examining physicians, references and
fingerprinting. All applications must be signed by the person submitting
the application, electronic signatures shall be considered signed
for the purpose of submitting an electronic application.
C.
Disqualification. The City Administrator shall reject any application
that indicates that the applicant does not possess the minimum qualifications
required for the position. Applications may be rejected if the applicant
is unfit for the performance of the duties of the position to which
he/she seeks appointment, has made any false statement of any material
fact, or has practiced any deception or fraud in his/her application.
[R.O. 2006 §125.080; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A.
Nature And Types Of Examinations. The selection techniques
used in the examination process shall be impartial and shall be job
related. Examinations shall consist of selection techniques that will
fairly test the qualifications of candidates. Such tests may be, but
are not necessarily limited to, applications, achievement and aptitude
tests, other written tests, evaluation of daily work performance,
work records, medical tests, oral examinations, or any combination
of these or other accepted tests.
B.
Promotional Examinations. Promotional examinations may be conducted whenever, in the opinion of the City Administrator, the needs of the service require such examination. Promotional examinations may include any selection technique mentioned in Subsection (A) above, or any combination of techniques. Only full-time or probationary employees who meet the requirements set forth in the promotional examination announcements will normally compete in promotional examinations. The City Administrator may, however, open promotions to later entry when deemed necessary.
C.
Notification Of Examination Results. Each candidate in a
promotional examination shall be given written notice of the results
thereof.
D.
Review Of Examination Papers. Any candidate shall have the
right to inspect his/her own examination papers within ten (10) calendar
days after the notice of examination results are mailed or posted.
Any error in computation, if called to the attention of the City Administrator
within this period, shall be corrected. Such correction shall not,
however, invalidate appointments previously made.
[R.O. 2006 §125.090; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A.
Employment Lists. As soon as possible after the completion
of an examination for which employment lists are maintained, the Human
Resources Generalist shall prepare and keep available an employment
list consisting of the names of candidates who qualified in the examination.
B.
Duration Of Lists. Employment lists shall remain in effect
for a period prescribed by the City Administrator, unless sooner exhausted,
and may be extended prior to their expiration dates by the City Administrator.
In no event shall an employment list remain in effect for more than
one (1) year.
C.
Re-employment Lists. The names of full-time employees who
have been laid off shall be placed on appropriate re-employment lists
in the order of total continuous cumulative time served in probationary
and full-time status. Such names shall remain thereon for a period
of one (1) year unless such persons are re-employed. Employees who
have been laid off shall assume the responsibility for advising the
Human Resources Generalist of a current address and telephone number
where they may be reached in the event that appropriate jobs become
open. In the event reasonable attempts by the Human Resources Generalist
to contact an employee who has been laid off fail, that employee shall
be removed from the re-employment list until such time as he/she contacts
the Human Resources Generalist and advises him/her of an address and
telephone number where he/she may be reached.
D.
Removal Of Names From List. The name of any person appearing on an employment, re-employment or promotional list shall be removed by the City Administrator if the eligible person requests in writing that his/her name be removed; if he/she fails to respond to a notice sent by certified mail to his/her last known address; or for any of the reasons specified in Section 125.070(C) of these rules. The names of persons on promotional employment lists who resign from service shall automatically be dropped from such lists.
[R.O. 2006 §125.100; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A.
Appointment. Full-time positions deemed vacant by the City Administrator shall be opened to all City employees for a five-day period. Such jobs shall be communicated to all employees. Applicants shall meet the minimum qualifications specified in the relevant job description and shall be selected by merit and qualifications. Vacant department manager positions may not be posted, although the City Administrator will review the qualifications of current City employees to assure that equal opportunity is afforded them in filling the vacancy. Any of the selection techniques outlined in Section 125.080(A) above of these rules may be used if more than one (1) qualified applicant applies for a position posted under this rule. The employee selected will be required to serve a minimum six-month training period/probationary period.
B.
Training Positions. The City Administrator may place an individual
in any vacant job as an on-the-job training position. Upon placement,
the City Administrator may set the length of the training period.
Upon successful completion of the training period, the trainee may
be appointed if a full-time position is available. An employee not
successful in meeting the job criteria at the end of the training
period shall be returned to his/her previous position or a comparable
position as best meets the needs of the City. Persons not previously
City employees placed in training positions may be terminated at any
time.
C.
Temporary Employees. The City Administrator may authorize temporary
hiring as best meets the needs of the City.
[R.O. 2006 §125.110; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A.
Regular Appointment Following Probation Period. All original
appointments shall be tentative and subject to a probationary period
of not less than six (6) months actual service. The City Administrator
may establish a longer probationary period for specified classes.
The probation period may be extended by the City Administrator.
B.
Objectives Of The Probationary Period. The probationary
period shall be regarded as a part of the testing process and shall
be utilized for closely observing the employee's work and for securing
the most effective adjustment of a new employee to the position. The
department manager concerned shall evaluate all probationary employees
in accordance with established City policies. The department manager
concerned shall communicate in memorandum form indicating how the
individual has been trained, counseled and given every reasonable
opportunity to perform the duties of the position, and if the employee
should be given regular status, probation extended, or terminated.
C.
Rejection Of Probationer. During the probationary period,
an employee may be terminated without right of appeal. Notification
of termination in writing shall be forwarded to the probationer and
a copy filed with the probationer's file.
D.
Completion Of Probation. Upon successful completion of the
six-month probationary period, employees shall be eligible for a three-percent
increase in their base pay upon the recommendation of their supervisor
and approval by the City Administrator.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2022.
E.
Full-Time Employees.
1.
If a full-time employee is placed on three-month or six-month
probation due to the result of a merit evaluation or a disciplinary
action, biweekly meetings will be scheduled with the employee and
the Department Manager/Supervisor to review the employee's progress.
The City Administrator will be notified and given regular updates
as to the progress being made. If the probation was a result of a
merit evaluation, at the end of the probation, if the employee has
brought his or her performance up to "meets expectations," he or she
will receive a merit increase for the remaining months of the annual
evaluation. The employee will be reevaluated again on his or her regular
annual evaluation date, but will not be reimbursed for the months
spent on probation.
[Ord. No. 14.42 §6, 9-4-2014]
2.
If an employee is placed on three (3) month probation and has not
improved his/her performance, the employee will be given an additional
three (3) months to improve. If no improvement is made at that time,
he/she will be terminated immediately. At no time will a probation
period be extended beyond six (6) months.
3.
When possible, the employee should be provided at least ninety (90)
days' warning of the developing problems. This can be done through
informal counseling and oral and written reprimands. Records of these
actions should be kept by the supervisor, with copies of reprimand
forms sent to the department manager and the Human Resources Generalist.
[R.O. 2006 §125.120; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 07.65 §3, 12-6-2007; Ord.
No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 7, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A.
Attendance. Employees shall be in attendance at their work in accordance
with the rules regarding hours of work, holidays, and leaves. All
departments shall keep daily attendance records of employees, which
shall be reported to the City Administrator in the form and on dates
specified. Employees that are absent after exhausting all leave balances
will be subject to disciplinary action up to and including termination.
Failure on the part of an employee, absent without leave, to return
to duty within twenty-four (24) hours may be grounds for immediate
discharge.
B.
Annual Vacation Leave. The purpose of annual vacation leave is to
enable each eligible employee to return to his/her work mentally refreshed.
All full-time employees in the classified service shall be granted
annual vacation leave with pay.
[Ord. No. 23.80,[1] 11-16-2023]
1.
Full-time employees shall receive vacation credits at the following
rates:
|
Years of Service
|
Vacation Earned
|
|---|---|
|
0 to beginning of full-time employment
|
1 x standard workweek, excluding overtime
|
|
1
|
1 x standard workweek, excluding overtime
|
|
2 to 4
|
2 x standard workweek, excluding overtime
|
|
5 to 9
|
3 x standard workweek, excluding overtime
|
|
10 to 14
|
4 x standard workweek, excluding overtime
|
|
15 +
|
5 x standard workweek, excluding overtime
|
2.
Vacation is granted at the end of each year of service, excluding
vacation time credited at the time of hire to be used within the first
year of full-time service. For example, vacation earned for the first
year of service, one (1) x standard workweek, excluding overtime,
belongs to the employee and is available on their first year of service
date. The employee will be credited with appropriate hours of vacation
after each year of uninterrupted service as outlined hereinabove.
The vacation leave granted for the previous year must be used prior
to the end of the year when it is granted or the employee forfeits
all rights to use or ownership. Also, see subparagraphs (3) and (4)
below.
3.
The times during a calendar year at which an employee may take his/her vacation shall be determined by the department manager with due regard for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such that an employee cannot take part or all of his/her annual vacation in a particular service year, such vacation shall be taken during the following service year. Length of service shall be used to resolve conflicts over vacation period between employees of the same class. Also, see Subsection (A) hereinabove and subparagraph (4) herein below.
4.
No employee may accrue more vacation leave than could be earned
in twelve (12) months of service without written permission of the
department manager and the City Administrator. If employee is hospitalized
while on vacation, those days will be charged to available personal
leave with approval of the City Administrator or department manager.
5.
In the event one (1) or more municipal holidays fall within
an annual vacation leave, such holiday shall not be charged as vacation
leave; and the vacation leave shall be extended or credited accordingly.
6.
Employees who have satisfactorily completed probation and who
terminate employment shall be paid in a lump sum for all granted vacation
leave earned, but not used or forfeited, prior to the effective date
of termination.
7.
Employees with ten (10) or more years of continuous service
may, at their option, request to be paid-out up to one (1) week of
available vacation balance at the employee's current hourly/salary
rate in lieu of using said available vacation credit. Requests shall
be made in writing to the HR Generalist, and approved by the employee's
department manager, at least two (2) weeks prior to desired payroll
date for pay-out.
[1]
Editor's Note: As it affects this Subsection, this ordinance
shall be in full force and effect on January 1, 2024.
C.
Personal Leave. This category of leave shall be granted to all full-time
employees within the classified service. This type leave is to allow
employees to take time during normal working hours to handle their
personal tasks. This leave is a benefit, not a right, of the employee
and therefore the needs of the City shall be paramount when deciding
if this leave may be granted.
1.
Use of personal leave must be approved by the supervisor. This
approval should be sought in advance of the use of personal leave.
In exceptional cases, such as illness, the supervisor should be notified
within one-fourth (1/4) hour of the start of the workday or according
to departmental rules. If additional notification is required, the
supervisor may deny use of personal leave.
2.
Personal leave may be used in increments as small as fifteen
(15) minutes.
3.
Personal leave may be accumulated without limit, however, because
this is a benefit and not a right of the employee, there will not
be any compensation for accrued personal leave upon, or prior to,
an individual's separation from City service. The individual has no
right to "use up" accrued personal leave prior to separation.
4.
Personal leave shall accrue at the following rates and only
accrue when full-time employees are in a paid leave status:
a.
Full-time employees who normally work an eight-hour shift and
the annual number of hours worked is two thousand eighty (2,080) hours,
then the employee shall accrue eight (8) hours personal leave on the
first paycheck of the following month.
b.
Full-time employees who normally work a twelve-hour shift and
the annual number of hours worked exceeds two thousand eighty (2,080),
then the employee shall accrue twelve (12) hours personal leave on
the first paycheck of the following month.
5.
Probationary employees will accrue personal leave during probationary
period but cannot use personal leave until the successful completion
of the probationary period.
6.
Employees who do not use any personal leave in a given calendar
year and have accumulated a minimum of eighty (80) hours may cash
in the hours earned that year, over the eighty (80) minimum, at a
rate of one-hour pay for each two (2) hours cashed in. This will be
paid on the last pay period in December.
7.
Employees that leave the service of the City in good standing
after ten (10) years of employment and have accrued more than six
(6) weeks of personal leave may convert their personal hours to 401A
retirement dollars based on the following vesting schedule with a
maximum payout of ten thousand dollars ($10,000.00) Amount not to
exceed maximum contribution in the 401A for the calendar year.
D.
Donation Of Leave. Refer to the donation of leave policy dated 08/03/17.
[Ord. No. 17.55 §§ 1 —
2, 8-3-2017]
E.
Occupational Leaves.
1.
Workers' Compensation. An employee injured while performing
assigned duties shall be entitled to the provisions of the Workers'
Compensation Act. Refer to the Workers' Compensation Policy dated
04/06/17.
2.
Maternity/Paternity Leave. Shall be according to the Family
Medical Leave Act. Refer to the FMLA Policy dated 03/15/12.
3.
Bereavement Leave. Paid leave may be granted in the event of
the death of a member of the employee's immediate family. Immediate
family shall consist of the employee's spouse, children, parents,
stepparents, brothers, stepbrothers, sisters, stepsisters, grandparents,
step-grandparents, grandchildren, or step grandchildren or spouse's
children, parents, stepparents, brothers, stepbrothers, sisters, stepsisters,
grandparents, step-grandparents or other dependents. No more than
three (3) working days bereavement leave shall be granted in each
case. Personal time may be taken for any additional time needed.
4.
Educational Leave. The City Administrator may authorize special
leaves of absences, with or without pay, for any period not to exceed
six (6) calendar months in any one (1) calendar year for attendance
at a school or university for the purpose of training in subjects
relating to the work of the employee which will benefit the employee
and the City service.
5.
Military Leave. Leave of absence to perform military duties
mandatory — discrimination against militia members a misdemeanor
— hours of leave, how computed.
a.
All employees of the City of Osage Beach who are or may become
members of the National Guard or of any reserve component of the Armed
Forces of the United States shall be entitled to leave of absence
from their respective duties without loss of time, pay, regular leave,
impairment of efficiency rating, or of any other rights or benefits
to which otherwise entitled for all periods of military services during
which they are engaged in the performance of duty or training in the
service of this State at the call of the Governor and as ordered by
the Adjutant General without regard to length of time and for all
periods of military services which they are engaged in the performance
of duty in the service of the United States under competent orders
for a period not to exceed a total of one hundred twenty (120) hours
in any Federal fiscal year.
b.
Before any payment of salary is made covering the period of
the leave, the employee shall file with their immediate supervisor
an official order from the appropriate military authority as evidence
of such duty for which military pay is granted, which order shall
contain the certification of the employee's commanding officer of
performance of duty in accordance with the terms of such order.
c.
No member of the organized militia shall be discharged from
employment by the City because of being a member of the organized
militia, nor shall be/she be hindered or prevented from performing
any militia service he/she may be called upon to perform by proper
authority nor otherwise be discriminated against or dissuaded from
enlisting or continuing his/her service in the militia by threat or
injury to him/her in respect to his/her employment. Any employee of
the City violating any of the provisions of this Section is guilty
of a misdemeanor.
d.
Notwithstanding the provisions of any other administrative rule
or law to the contrary, any person entitled to military leave pursuant
to the provisions of subparagraph (a) of this Subdivision shall only
be charged military leave for any hours which that person would otherwise
have been required to work had it not been for such military leave.
The minimum charge for military leave shall be one (1) hour and additional
charges for military leave shall be in multiples of the minimum charge.
e.
Any individual released from active duty with the National Guard
of any reserve component of the Armed Forces of the United States
shall report to the City for return to active status with the City
within thirty (30) days of release from active duty. Failure to contact
the City may result in a loss of benefits under this Section.
6.
Leave Of Absence Without Pay. The City Administrator may grant
a full-time or probationary employee a leave of absence without pay
or change in seniority. No such leave shall be granted except upon
written request of the employee, setting forth the reason for the
request; and the approval shall be in writing. Upon expiration of
a regularly approved leave, the employee shall be reinstated in the
position held at the time leave was granted or in a comparable position.
Failure on the part of an employee on leave to report promptly upon
expiration of his/her leave may be cause for discharge. No leave benefits
or time in grade accrues to individuals while in this status.
7.
Jury Leave. Every employee of the City who is required to serve
as a trial juror shall be entitled to absent themselves from their
duties with the City during the period of such service or while necessarily
being present in court as a result of such call. Under such circumstances,
the employee will be compensated one hundred percent (100%) by the
City in addition to any compensation received as a result of jury
duty.
8.
Family And Medical Leave. Family and medical leave shall be
granted pursuant to provisions of the Family and Medical Leave Act
of 1993 (FMLA). The FMLA entitles the employee up to twelve (12) workweeks
of unpaid leave in a given twelve-month period. The twelve-month period
shall be established on the first day family and medical leave is
granted. Proper certification must be provided prior to leave being
granted. Time in grade shall not accrue while on unpaid family and
medical leave. Refer to Family and Medical Leave Policy and procedures
dated 03/15/12.
9.
Holidays.
a.
The holidays to be observed by full-time employees except shift workers
are:
(1)
New Year's Day.
(2)
Dr. Martin Luther King, Jr. birthday.
(3)
Presidents' Day.
(4)
Memorial Day.
(5)
Juneteenth.
(6)
Independence Day.
(7)
Labor Day.
(8)
Columbus Day.
(9)
Veterans Day.
(10)
Thanksgiving Day.
(11)
Friday after Thanksgiving.
(12)
Christmas Eve.
(13)
Christmas Day.
(14)
Any Monday immediately preceding a City holiday which falls
on a Tuesday.
(15)
Any Friday immediately following a City holiday
which falls on Thursday.
b.
All full-time employees of the City shall receive normal compensation
for the legal holidays listed above and any other days or part of
a day during which the public offices of the City shall be closed.
All full-time employees shall receive eight (8) hours' holiday pay
except ambulance personnel, 911 dispatchers, and law enforcement patrol
officers will receive twelve (12) hours, and airport employees will
receive eight (8) or ten (10) hours depending on the airport workweek
hours. Probationary employees shall be considered for purposes of
this Section to be full-time employees.
c.
It shall be the policy of the City to ensure that all full-time
employees enjoy the same number of holidays each year. The standard
shall be the number of holidays in a particular year which will be
celebrated by employees when a holiday falls on Sunday, the following
Monday shall be observed as the holiday. When a holiday falls on Saturday,
the preceding Friday shall be observed as the holiday. In such years
when Christmas Day falls on a Saturday, affecting the observance of
the Christmas Eve holiday, the preceding Thursday and Friday shall
be observed as the Christmas Eve and Christmas Day holidays respectively.
In such years when Christmas Eve falls on a Sunday affecting the observance
of the Christmas Day holiday, the following Monday and Tuesday shall
be observed as the Christmas Eve and Christmas Day holidays respectively.
d.
Any regular employee in the City service who shall be required
to perform work or render services on a regularly scheduled holiday
shall:
(1)
Receive a day off at his/her regular pay rate in
lieu of the holiday missed; or
(2)
At the option of the City he/she may be compensated
at the City's approved overtime rate for his/her service on the regularly
scheduled holiday. The recommendation for payment must be recommended
for approval by his/her department manager and approved by the City
Administrator.
e.
Shift Workers. Due to difficulty in scheduling, shift workers
shall receive the same number of paid hours, credited as special leave,
as other City employees receive in holiday hours. The hours of special
holiday leave will be credited to each employee's holiday leave bank
after each holiday is observed. No shift worker may carry over more
than twenty-four (24) hours of holiday leave from one (1) calendar
year to the next; requests for carryover must be in writing. All hours
of holiday leave not used or carried over shall be paid for on a special
paycheck in December of each year. Upon separation, any accumulated
or approved carryover holiday leave hours shall be paid to the employee.
[2]
Editor's Note: As it affects this Subsection, this ordinance
shall be in full force and effect on January 1, 2024.
F.
Pandemic
Illness Leave.
[Ord. No. 20.20, 3-17-2020]
1.
The Mayor shall have the authority to declare a Pandemic Illness
Emergency for the purpose of activating this Subsection for a period
of time of up to ninety (90) days which may be renewed as the Mayor
may order. During such time the following sick leave policy will be
used for all pandemic related absences.
2.
All regular, full-time employees will be provided with the availability
to borrow against personal leave yet to be earned, up to one hundred
twenty (120) hours of personal leave if all personal leave balances
have been exhausted. When personal leave hours are borrowed under
this Subsection, those borrowed personal leave hours shall be repaid
monthly as personal leave is earned, unless the employee uses such
leave for medical reasons for themselves or their dependents and such
use is approved by the City Administrator.
3.
To be eligible to borrow against personal leave yet to be earned,
an employee must have completed at least thirty (30) days of continuous
employment prior to the request for borrowed leave.
4.
An employee becomes eligible to borrow against personal leave yet
to be earned due to the declared Pandemic Illness Emergency when one
(1) of the following occurs:
a.
The employee is medically diagnosed as having the pandemic illness
or have symptoms consistent with the pandemic illness or is within
a high-risk category for the pandemic illness as described by public
health authorities.
b.
The employee's spouse, child(ren) or other member of the employee's
household is diagnosed as having the pandemic illness.
c.
The City receives notification that the employee's community of residence
is under quarantine as a result of a pandemic illness; and as a result,
the employee is unable to come to work.
d.
The City receives notification that the employee's spouse's workplace
or child(ren)'s school or daycare facility is subject to an order
of quarantine or is otherwise closed as a result of the pandemic illness,
and as a result, the employee is unable to come to work.
5.
The borrowing of personal leave balances due to a pandemic will be
treated the same as all other leave balances for purposes of pay and
leave accrual.
6.
Before returning to work, an employee must provide a release from
the treating physician stating that the employee is not contagious
and is otherwise medically able to safely return to work. If the employee
fails to provide such a statement upon return, the employee's immediate
supervisor must:
[R.O. 2006 §125.140; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A.
Transfer. No employee shall be transferred to a
position for which he/she does not possess the minimum qualifications
unless the City Administrator authorizes an on-the-job training appointment.
If an employee transfers from one position to another position within
the same pay range, the employee's salary shall be within the salary
range of the new position.
[Ord. No. 14.42 §8, 9-4-2014]
B.
Promotion. Insofar as is consistent with the best interests
of the City, vacancies in the classified service may be filled by
promotion from within the classified service. Employees who are promoted
from one pay level to a higher pay level shall receive a three percent
(3%) increase for each pay level increase or the minimum salary level
for the new position.
C.
Reclassification. An employee may request a reclassification
to a position assigned a lower pay level. If the position requested
by the employee is in the career ladder or promotional path of the
employee, the employee's salary will be reduced only to the extent
required to bring the employee within the salary range of the new
position.
D.
Demotion. The City Administrator may demote an employee
who is unable to perform his/her required duties or for disciplinary
purposes. In this event, the employee's pay may be reduced to the
minimum of the new pay level. Written notice of the demotion shall
be given to the employee before the effective date of the demotion.
In the event the employee cannot be located, notice will be given
by certified mail to the employee's last listed mailing address.
E.
Suspension without pay. The City Administrator may suspend
an employee at any time for a violation of City Code. Suspension without
pay shall not exceed thirty (30) calendar days. Department managers
may suspend a subordinate employee for not more than three (3) working
days at any one (1) time, and not more than once in a thirty (30)
calendar day period. Any suspension shall be reported immediately
to the City Administrator.
F.
Suspension with pay. The City Administrator or department
managers may suspend an employee with pay for up to three (3) working
days for the purpose of conducting an investigation. The City Administrator
may authorize a longer period if necessary. All such suspensions shall
be reported immediately to the City Administrator.
G.
Reinstatement. Former employees with less than thirty (30)
days break in service may be reinstated at the same pay, benefits,
and seniority by the City Administrator. Other former employees, except
those on re-employment lists, will be treated in the same manner as
all other applicants and subject to all normal selection processes.
[R.O. 2006 §125.150; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 09.55 §2, 12-22-2009; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 9, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A.
Policy.
1.
It shall be the duty of all City employees to comply with and
assist in carrying into effect the provisions of the City's human
resources rules and regulations.
2.
It is the duty of every supervisor to discuss improper, inappropriate
or inadequate performance with their employees in order to correct
the deficiencies and to avoid the need to exercise negative disciplinary
action. The City reserves the right to skip one (1) or more steps
as necessary depending on the severity of the infraction.
3.
It is the duty of every employee to attempt to correct any improper,
inappropriate or inadequate performance, and make every effort to
avoid conflict with the City's rules and regulations and policies.
B.
The continuing employment of every employee in the City service shall
be contingent upon acceptable conduct, needs of the City, and satisfactory
performance of duties. Failure to meet such standards of conduct and
work performance for any of the following listed reasons, such reasons
not to be considered all-inclusive, are sufficient grounds for disciplinary
action, up to and including termination.
1.
Falsification of any information required by or presented to
the City.
2.
Absenteeism.
3.
Tardiness.
4.
If the employee is incompetent or inefficient in the performance
of his/her duties.
5.
Refusing to obey a reasonable order.
6.
A misdemeanor and/or felony charge and/or conviction. If in
the opinion of the City Administrator the crime charged or a conviction
reflects on the performance of the employee's job duties, or the City
as a whole, the City Administrator may alter the employees' work duties,
suspend, and/or terminate. In no event shall any altered work duties
and/or suspension be in excess of six (6) months. In the event that
the City Administrator may consider that an employee's suspension
should be extended longer than six (6) months, the City Administrator
may refer the matter to the Board of Aldermen for its consideration
in a closed session of the Board held after proper notice pursuant
to Section 610.201.3, RSMo.
7.
Misappropriation, destruction, theft, or unauthorized use of
municipal property.
8.
Prohibited political activities, under Section 125.030(C).
9.
Use of drugs, narcotics, or liquor affecting the employee's
job performance.
10.
Discrimination or harassment by an employee on the basis of
age, race, color, sex, national origin, marital status, handicap,
political or religious affiliations toward any other employee or applicant.
11.
Neglect or carelessness resulting in physical or legal damage
to municipal property or equipment.
12.
Abusiveness in attitude, language or conduct to fellow employees
or to the public.
13.
Acceptance of gratuities, kickbacks or bribes.
14.
Employee subsequently becomes physically or mentally unfit for
the performance of duties.
15.
Acts of misconduct.
16.
Willful disregard of orders.
17.
Failure to properly report accidents or personal injuries.
18.
Repeated convictions during employment on misdemeanors.
22.
Working unapproved overtime.
[R.O. 2006 §125.160; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A.
Termination. All non-probationary employees in the classified
service may be terminated for cause at any time by the City Administrator.
An employee who has been terminated shall be furnished a written statement
of the reasons for such action and shall be entitled to a hearing
if he/she so requests, as provided in these rules.
B.
Reduction In Force And/Or Hours. Under certain circumstances, it
may be necessary to eliminate employee positions or reduce hours due
to budgetary needs, program reductions, reorganization, changes in
needs or technology, or other business needs. The City Administrator
may, after appropriate work analysis and assessment, eliminate position(s)
through a reduction in force or institute a reduction in hours of
a position(s) due to necessity. Reduction in force may impact any
employee, and terminations/layoffs of employment may be a result of
the decision.
[Ord. No. 19.19, 4-18-2019]
1.
Reduction In Force. A "reduction in force (RIF)" is defined
as a separation from employment due to the elimination of a position
within a unit or department with the expectation that said position(s)
are to be eliminated.
a.
Employee(s) affected may be offered a transfer to an open position,
upon meeting the qualifications and job requirements of said position
offered, to prevent or postpone a termination.
b.
Selection of employee(s) to be laid off shall be based on the
needs of the City, job function, and performance.
c.
Notification of the reduction in force and stated layoffs to
the employee(s) shall be written and given as far in advance as practical
and in no case less than sixty (60) calendar days of the effective
date.
d.
Employees eligible for rehire shall be placed on the employment
list for up to eighteen (18) months and shall have priority hiring
status. Employees shall be recalled in order as they were placed on
the employment list and per job qualifications.
e.
Employees reinstated within eighteen (18) months following the
notification of said layoff may retain any unused or unpaid benefits
accumulated prior to being laid off and waiting periods regarding
insurance and retirement benefits, if any, per compliance with contractual
agreement and laws at that time. The employment date will be reinstated
to the original hire date. No leave benefits or time in grade accrues
while in the laid-off status, but vacation and personal accrual rates
will be assigned accordingly.
f.
Severance Pay And Agreement. Eligible employees shall receive
severance pay based on years of service upon signing a separation
agreement within an applicable time frame which shall include the
provision for separation, required release of claims, and applicable
terms and conditions.
(1)
Severance pay for employees who are terminated
due to a reduction in force shall be paid equivalent to one (1) week
of every year of service, not to exceed twelve (12) weeks but no less
than two (2) weeks.
(2)
Additionally, employees shall receive compensation
for their accrued vacation hours and comp time hours (non-exempt).
In addition, seventy-five percent (75%) of accrued personal hours
shall be converted to 401A retirement dollars.
(3)
Upon termination all severance pay due shall be
paid on the next regular payroll.
2.
Reduction In Hours. A reduction in hours is defined as the reduction
in the number of hours worked per week for any position within a unit
or department with the expectation that the said reduction is not
temporary in nature.
a.
Employee(s) whose hours are reduced due to a reduction of hours
to no less than eighty percent (80%) of their regular hours worked
per week shall retain the benefits which they were entitled to prior
to the reduction of hours.
3.
Exclusions. Term-limited positions where the duration of the position is defined at the time of hire does not apply as outlined in this Section 125.160(B).
C.
Resignation.
1.
An employee wishing to leave the classified service in good standing
shall file with the City Administrator through his/her department
manager a written resignation stating the effective date, at least
two (2) weeks before leaving the service, unless such time limit is
waived by the City Administrator. Failure to give notice as required
by this Section shall be cause for denying future employment by the
City.
2.
If the employee provides two (2) weeks' notice and the City chooses
not to use the services of the employee for those two (2) weeks, the
employee shall receive compensation for that two (2) week period as
per their normal work schedule.
[R.O. 2006 §125.170; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 17.25 § 1, 4-6-2017]
A.
Purpose Of Rule.
1.
To promote improved employer/employee relations by establishing
grievance procedures on matters for which appeal or hearing is not
provided by other regulations.
2.
To afford employees a systematic means of obtaining further
consideration of problems after every reasonable effort has failed
to resolve them through discussions.
3.
To provide that grievances shall be settled at the lowest supervisor
level possible. Persons closest to the problems usually have the most
knowledge and best solutions.
4.
To provide that grievance procedures be conducted as informally
as possible.
B.
Matters Subject To Grievance Procedure. Any full-time/intermittent
employee shall have the right to appeal under this Section, any decision
affecting employment or working conditions.
C.
Informal Grievance Procedures. Any employee who has a problem or
complaint should first try to resolve the matter through discussion
with the immediate supervisor without undue delay. Every effort should
be made to find an acceptable solution by informal means at the lowest
possible level of supervision. If, after this discussion, the employee
does not feel the problem has been satisfactorily resolved, the employee
shall have the right, under this Footstomper procedure, to discuss
the issue with the supervisor's immediate supervisor. Should the problem
remain unresolved, the employee shall initiate the formal grievance
procedure.
D.
Formal Grievance Procedure. Levels of review for problems not resolved
through the chain of command are listed below:
1.
First Level Of Review. The appeal should be presented in writing
to the employee's immediate supervisor, who shall render a written
decision within five (5) working days after the immediate supervisor
receives the appeal.
2.
Further Level Or Levels Of Review As Appropriate. If the employee
does not agree with the immediate supervisor's decision, or if no
answer is received in writing within five (5) working days after the
immediate supervisor receives the appeal in writing, the following
applies:
a.
The employee may appeal to the next level of supervision in
writing.
E.
Conduct Of Grievance Procedure.
1.
The time limits specified above may be extended to a definite
date by mutual written agreement of the employee and the reviewer
concerned.
2.
The employee may request the assistance of another person of
the employee's own choosing in preparing the appeal at any level of
review.
3.
Employees shall be assured freedom from reprisal for using the
grievance procedures.
[R.O. 2006 §125.180; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
A.
The provisions of this Section shall not be pursued until the employee has pursued the grievance procedures outlined in Section 125.170.
1.
Right of appeal. Any full-time employee in the classified
service shall have the right of appeal to the Human Resources Commission
for any suspension greater than ten (10) days or termination.
2.
Method of appeal. The appeal shall be a written
statement, addressed to the Human Resources Commission, filed with
the City Administrator, describing action appealed and relief requested.
Appeals must be filed within fifteen (15) calendar days of the date
of the decision to be appealed.
3.
Notice. Upon the filing of an appeal, the City Administrator
shall set a date for a hearing on the appeal. The City Administrator
shall notify employee and supervisor of the time and place of hearing.
The employee will cooperate with Commission.
4.
Recommendations. The recommendations of the Human
Resources Commission shall be forwarded to the City Administrator.
[Ord. No. 12.43 §1, 12-21-2012]
A.
Responsibility For Training. The City encourages the training
of employees. Responsibility for developing training programs for
employees shall be assumed jointly by the City Administrator and department
managers. Such training programs may include lecture courses; demonstrations,
assignment of reading matter, or such other devices as may be available
for the purpose of improving the effectiveness and broadening the
knowledge of municipal officers and employees in the performance of
their respective duties.
B.
Credit For Training. Participation in and successful completion
of special training courses will be considered in making advancements
and promotions. Evidence of such activity shall be filed by the employee
with the Human Resources Generalist and his/her department manager.
C.
Training Reimbursement. Repayment for training may be made
by the City when the training is related to the employee's job. Such
repayment shall be by prior written arrangement with the employee's
department manager and the City Administrator, upon satisfactory completion
of the training course. Refer to travel and expense policy dated 05/01/05.
[1]
Editor's Note — Ord. no. 12.07 §1, adopted April
5, 2012, repealed section 125.190 "training of employees" in its entirety.
Former section 125.190 derived from R.O. 2006 §125.190; ord.
no. 05.22 §1, 6-2-2005. Subsequently, ord. no. 12.43 §1,
adopted December 21, 2012, replaced this section with "training of
employees".
[R.O. 2006 §125.200; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 05.62 §1, 12-15-2005; Ord. No. 09.55 §3, 12-22-2009; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 10, 9-4-2014; Ord. No. 15.69 § 1, 8-6-2015; Ord. No. 17.25 § 1, 4-6-2017]
A.
Employee Health. The health and physical condition of the employee
is an important factor in accident prevention and job performance.
The alert, physically fit, well-trained employee has fewer accidents
and performs more satisfactorily on the job.
B.
Pre-Employment Examinations. A pre-employment physical examination
may be made to determine whether or not the applicant is physically
and mentally fit to perform the specific task for which application
has been made, or to permit assignment to a job compatible with the
applicant's personal efficiency, safety, or health. The scope of a
pre-employment physical shall be sufficient to assure that an applicant
is physically capable of handling the duties of his/her position,
based upon bona fide requirements of the class. The result of a pre-employment
physical will be made a part of the permanent personal record of the
employee.
C.
Special Physical Examination.
1.
Employees who have been absent from work for health reasons
may be required to undergo a return to work physical or mental examination
unless waived by the City Administrator. Confirmation of the employee's
full capability or physical limitations incurred as a result of any
injury or illness shall be made a matter of record and noted in the
employee's human resources file. Supervisors shall use this information
in considering any subsequent job assignments.
2.
Transfer of an employee from one job to another, which may call
for a higher degree of physical or mental fitness, may require a medical
examination. When there is a question of the employee's physical or
mental fitness to perform the new job, the desirability of the transfer
will be evaluated by a physician selected by the City.
3.
Recurrence Of Disability. Any employee suffering a recurring
disability resulting from an accident or illness may be required to
be examined by a physician selected by the City at the beginning of
his/her disability or sick leave and again prior to the employee's
return to work. Any employee repeatedly suffering disability recurrence
on the same job should be considered for reassignment to a job that
is more compatible with his/her physical and mental capabilities.
D.
Safety.
1.
The City of Osage Beach recognizes the importance of individual
health and safety and the protection of the environment for the successful
operation of the City. As an organization, we are committed to conducting
our operations safely and to preventing loss, whether it be injury
or illness to people, damage to property or interruption of business
process, we strive to provide all the employees with the best possible
working conditions. We will make every reasonable effort to provide
guidance and assistance to eliminate or control occupational and environmental
hazards associated with the operation of the City.
2.
Employment with the City requires that all employees accept
responsibility for their own safety. City employees will make every
effort to prevent destruction of City property, equipment and materials
and to extend the same effort of protection of property and materials
of the general public.
3.
To accomplish our goal of individual health and safety, protection
of the environment, individual attitudes, practices and continued
cooperation are key to sustain and support our safety program. City
employees should follow all reasonable safe practices and the City
will provide the necessary tools, guidance and assistance for accomplishment.
Refer to Safety Policy dated 09/19/19.
[Ord. No. 17.55 §§ 1 —
2, 8-3-2017; Ord. No.
19.58, 10-3-2019]
[R.O. 2006 §125.210; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 12.07 §§1
— 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012]
The City of Osage Beach is committed to providing all its employees
with a workplace free of harassment. The City maintains a strict policy
prohibiting sexual harassment and harassment based on race, color,
national origin, religion, sex, physical or mental disability, age,
veteran status, or any other characteristic protected by applicable
law. These harassments by any employee, Commission member, Board member,
Mayor, member of the public, or employees of outside organizations
will not be tolerated. Refer to the Prohibited Harassment Policy dated
03/15/12.
[R.O. 2006 §125.220; Ord. No. 05.22 §1, 6-2-2005; Ord. No. 08.35 §2, 12-22-2008; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 11, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A.
The City of Osage Beach has an obligation to its employees to take
reasonable steps to assure a drug-free and safe place to work. The
City of Osage Beach also has an obligation to the citizens and to
the public at large to provide quality and safe services through a
policy and program prohibiting the use of illegal and controlled substances
and the misuse of alcohol by City employees.
B.
The City will not tolerate the use, abuse, possession or sale of
illegal and controlled substances or misuse of alcohol by any of its
employees, including part-time and seasonal employees. Drug and alcohol
testing will be an integral part of the City's program in order to
meet the goals of providing a safe and efficient service and a safe
and healthy workplace.
C.
The purpose of this policy is to assure worker fitness for duty and
to protect employees and the public from the risks posed by the use
of alcohol, illegal, and controlled substances. This policy is also
intended to comply with all applicable Federal and State regulations
governing workplace alcohol, illegal, and controlled substance abuse
programs. The United States Department of Transportation (DOT) 49
CFR Part 29 the "Drug Free Work Place Act of 1988," the "Omnibus Transportation
Act of 1991," and the DOT 49 CFR Part 40 requires certain reporting
of certain drug-related offenses, mandates urine drug testing and
breathalyzer alcohol tests for safety-sensitive positions, and other
positions when so noted, and prevents performance of their functions
when there is a positive test result.
D.
It is the City's policy to give in detail the prohibitions against
the use of alcohol and controlled substances in the workplace; however,
the City will make every effort to encourage employees to seek professional
assistance when personal problems, including alcohol, illegal, and
controlled substance dependency, adversely affect their ability to
perform assigned duties. Refer to the Drug Free Workplace Policy dated
8/21/2014.
[R.O. 2006 §125.230; Ord. No. 06.36 §§1 — 2, 7-6-2006; Ord. No. 06.48 §1, 10-5-2006; Ord. No. 09.55 §4, 12-22-2009; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 14.42 § 12, 9-4-2014; Ord. No. 17.25 § 1, 4-6-2017]
A.
Supplemental Employee-Related Policies.
1.
Americans with Disabilities Act (ADA) Policy dated 03/15/12.
2.
Information Technology Acceptable Use Policy dated 09/19/19.
[Ord. No. 19.58, 10-3-2019]
3.
Facility Access Policy dated 04/06/17.
4.
Vehicle and Equipment Policy dated 01/01/10.
5.
Tool Policy — Department of Public Works dated 01/01/10.
6.
Mobile Device Policy dated 09/19/19.
[Ord. No. 19.58, 10-3-2019]
B.
A copy of each of these policies are held on file in City Hall and
made a part hereof as if fully set forth herein.
[R.O. 2006 §125.240; Ord. No. 12.07 §§1 — 2, 4-5-2012; Ord. No. 12.43 §1, 12-21-2012; Ord. No. 19.30, 5-16-2019; Ord. No. 20.32, 5-21-2020]
A.
Insurance.
[Ord. No. 23.80,[1] 11-16-2023]
1.
The City provides the following insurance benefits to full-time employees
without cost: health, short-term disability, and group life. Health,
dental, and life insurance coverage for dependents of full-time employees
is optional to the employee. The City will provide a portion of the
cost of dependent coverage. Dental and vision insurance coverage is
offered to employees and dependents.
2.
Full-time employees who can provide proof of coverage from another
health insurance program may opt out of participating in the City's
health insurance program. The City will provide an incentive in the
amount of forty percent (40%) of the cost of single coverage to employees
who qualify for the opt-out program. Payments shall be spread evenly
over the pay periods in a calendar year. If an employee is no longer
an employee of the City, payments cease and the employee has no right
to any amounts not paid in the calendar year.
[1]
Editor's Note: As it affects this Subsection, this ordinance
shall be in full force and effect on January 1, 2024.
B.
Cafeteria Plan. Employees may take advantage of reducing
their taxable income through utilization of the cafeteria plan. Additional
supplemental insurance policies, such as cancer, accident, and intensive
care are available and premium amounts for these and dependent medical
are deducted from gross income prior to income tax deductions.
C.
Retirement Plans.
[Ord. No. 23.80,[2] 11-16-2023]
1.
The City will provide full-time employees six percent (6%) of
gross wages under Section 401A of the Internal Revenue Service Code
into the employee's account. The City will provide up to an additional
three percent (3%) match contribution of gross wages under Section
401A of the Internal Revenue Service Code into the employee's account
upon the employee's contribution of up to three percent (3%), which
may be in one-half percent (0.5%) increments. There is a five-year
vesting period. Employees should contact the Human Resources Generalist
for detailed information.
2.
Deferred compensation. All employees and elected
officials may elect to participate in a deferred compensation program
offered by the City. The City will not participate monetarily in this
program.
[2]
Editor's Note: As it affects this Subsection, this ordinance
shall be in full force and effect on January 1, 2024.
[Ord. No. 08.17 §1, 7-17-2008; Ord. No. 12.43 §1, 12-21-2012]
A.
Defense Of Suits And Claims. If a City Official, officer, employee or person protected, as defined in Subsection (C), requests the City defend him or her against any claim or action against him or her for an injury alleged to arise out of an act or omission occurring within the scope of his or her duties or employment as an officer or employee of the City and such request is made in writing no later than sixty (60) days after service of process or notification of impending claim or suit, the City shall investigate, defend, negotiate or compromise such claims, actions or judgments resulting from trial, on behalf of the officer or employee, as deemed appropriate by the City Attorney or his/her designee.
B.
Determination Within Scope Of Employment. It shall be within
the discretion of the City Attorney to determine whether a claim or
action arises out of an act or omission occurring within the scope
of employment. No elected official, appointed officer or employee
shall be entitled to defense on indemnification by the City for willful
and wanton acts or other acts outside the scope of employment.
C.
Persons Protected. This Chapter applies to all City elected
officials, appointed officers, full-time employees, part-time employees,
seasonal employees and any other person employed by the City in any
other capacity and to members of City boards, advisory committees,
commissions, and other City entities and former City Officials, officers
and employees. This Chapter does not apply to employees of any other
public entity beyond those described above, even if that entity receives
funding from the City, in whole or in part, or to private persons
or firms doing business with the City. Independent contractors are
excluded from the coverage of this Chapter, unless such coverage is
specifically included in the contractor's contract.
D.
COMPROMISE
PERSONS PROTECTED
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
Includes settlements of claims or judgments.
Includes all persons included under Subsection (C).
E.
No Obligation For Punitive Or Exemplary Damages. In no event
shall this Section require the City to pay any part of a claim or
judgment for punitive or exemplary damages.
F.
No
Obligation To Defend Actions Eligible For Workers' Compensation. In
no event shall this Chapter require the City to defend or pay any
part of a claim or judgment for damages arising out of an action brought
against a City Official or employee by any person who was a fellow
official or employee at the time the claim arose, and who had a remedy
for the injury giving rise to such claim under the Workers' Compensation
Law, Chapter 287, RSMo.
G.
Written Authorization Required For Representation. If the City Attorney does not receive, in writing, the authorization from the person protected under Subsection (C) within the sixty (60) day period after service of process or other notification, the City Attorney may exercise his or her discretion to decline the defense and representation of said individual.
H.
Employee Retains Outside Counsel. If a person protected under Subsection (C) elects to retain outside counsel, there shall be no right to reimbursement for legal expenses or right of indemnification as provided by this Chapter.
I.
Notice To Employee Of Claim/Suit. In the event that service
of process is accepted by someone other than the named defendant but
who is a City employee or agent and legally capable of accepting service,
the City Attorney shall be immediately notified of such service. Furthermore,
upon receipt of notification of suit or claim, the City Attorney shall
give prompt notice to the individual being sued in order to apprise
said individual of the pending claim or litigation. Notification to
the individual shall include a brief statement from the City Attorney
reciting the nature of the suit or claim, a copy of this Chapter and
advisement that the employee or officer must elect to have the City
Attorney, or if the City has applicable insurance, the counsel as
designated by the insurer, defend the suit or claim and that such
election must be in writing within sixty (60) days.
J.
City Attorney To Be Solely Responsible For Conduct Of Litigation. Any investigation, defense, negotiation or compromise of any claim covered by this Chapter shall be conducted by the City Attorney, provided that in instances where circumstances require it, outside counsel may be retained by the City to conduct such representation. The retention of outside counsel in the defense of claims or suits shall be recommended at the discretion of the City Attorney to the Board of Aldermen for their consideration and review. If outside counsel is retained at the direction of the Board of Aldermen to represent a person protected under Subsection (C), the City Attorney shall notify the employee or official of said representation.
K.
Responsibility For Negotiations. The City Attorney shall be the sole agent authorized to negotiate on behalf of the City and any person protected under Subsection (C). Any independent act of compromise or settlement of claims by a person protected under Subsection (C) shall be grounds for forfeiture of the protection afforded under this Chapter.
L.
Employee's And Official's Cooperation. Any person protected under Subsection (C) seeking the benefit of this Chapter shall cooperate with the attorneys conducting any investigation and preparing any defense by assisting the attorneys in all respects including the making of settlements, the securing and giving of evidence, attendance at hearings and trials, helping them to obtain the attendance of witnesses at hearings and trials and to secure other evidence and keeping the attorneys notified of their whereabouts.
M.
Failure To Cooperate. A failure of any person protected under Subsection (C) to fully and completely cooperate with the attorneys conducting any such investigation and defense shall be grounds for forfeiture of any right or claim by those persons to protection or assistance from the City under this Chapter and of any claim for indemnification or reimbursement for any settlement or judgment.
N.
Exclusion Of Workers' Compensation Claims. This Chapter
does not cover City Workers' Compensation claims, which are covered
by Chapter 287, RSMo.
O.
Insurance. The City may in its discretion expend funds to procure one (1) or more policies of insurance to insure against all or any portion of the potential liabilities of the City and its officials, officers and employees. All persons eligible for coverage by such insurance shall cooperate with any counsel selected by the insurer and with the City Attorney as required by Subsection (L) or lose the protection of this Chapter pursuant to Subsection (M).
P.
Indemnification Limited By Insurance. Should the City or other entity elect to procure a policy of insurance, which policy covers an action or claim brought against a person protected under Subsection (C), that person's right to indemnification under this Chapter shall be limited by the policy limits of said policy of insurance.
Q.
City Liability. Nothing contained in the provisions of this Chapter shall be construed to broaden the liability of the City beyond the provisions of Sections 537.600 to 537.610, RSMo., nor to abolish or waive any defense at law or equity which might otherwise be available to any City Official, employee, entity or person protected under Subsection (C). For claims falling within the scope of Sections 537.600 to 537.610, RSMo., for a person protected under Subsection (C), right to indemnification under this Chapter shall be coextensive with and shall not extend beyond the limits of the City's liability as set out in those Sections; the City's liability limit and the right to indemnification shall be one and the same and there shall not be separate limits for each. Nothing in this Section shall be construed as a waiver of the City's immunity from liability for punitive damages under 42 United States Code Sections 1981 — 1988, or any other defense or immunity under that law on behalf of the City or any person protected under Subsection (C).
R.
Proper Expenditure Of City Funds. The establishment by this
Chapter of authority or defense and indemnification of claims or judgments
is deemed a necessary and proper public purpose for which funds of
this City may be expended.
S.
Satisfaction Of Judgments, Claims And Settlement Of Litigation. Judgments entered against person protected under Subsection (C), except judgments for punitive or exemplary damages, shall be self-executing and shall not require any further legislative action. The City Treasurer is authorized to pay any and all such judgments upon the advice of the City Attorney. Payment of judgments shall include all court-ordered costs and attorney's fees.
T.
Settlement Of Claims/Suits. Settlement of all claims and
suits not covered by an applicable policy of insurance shall be accomplished
only after recommendation of both the City Administrator and the City
Attorney and approval by resolution of the Board of Aldermen.
[Ord. No. 13.16 §1, 4-5-2013]
A.
Any
labor organization seeking designation as a bargaining agent to represent
employees of the City is to submit a specific, written description
of the bargaining unit sought, together with specific exclusions via
certified mail to the City Clerk addressed to the Mayor.
1.
Within fourteen (14) days of receipt, the Mayor shall appoint a three
(3) person Recognition Committee (consisting of the City Administrator
and two (2) members appointed from among the members of the Board
of Aldermen) which shall consider the appropriateness of the requested
unit and on behalf of the City either:
2.
The labor organization submitting the application can either accept
the Recognition Committee's decision regarding the bargaining unit
or appeal to the Board of Aldermen within fourteen (14) days of the
date of the Committee's decision.
3.
Any appeal taken pursuant to Subsection (2) above must be sent via certified mail and must be received by the City Clerk within fourteen (14) days after the Recognition Committee's decision is issued. The Board of Aldermen's decision with respect to the appropriateness of the bargaining unit shall be final and binding.
4.
In evaluating the appropriateness of the proposed bargaining unit,
the Board of Aldermen may consider, but is not bound by, precedent
from other Cities, other States and/or the National Labor Relations
Act.
[Ord. No. 13.16 §1, 4-5-2013]
A.
Within
forty-five (45) days after establishing the appropriate bargaining
unit, there will be a secret ballot election to determine whether
the majority of employees in the bargaining unit want to be represented
by the labor organization for purposes of collective bargaining.
B.
No
labor organization will be recognized as representing any employee
by any other means.
C.
The
election will be held by secret ballot. The ballot may be on a form
substantially similar to the form utilized by the National Labor Relations
Board for conducting union election, or as follows:
|
|
Shall [insert name of petitioning labor organization here] be
recognized as the bargaining agent for the employees of the [describe
bargaining unit as recognized by the City]?
| |
|
|
_____ YES
|
_____ NO
|
D.
The
election will be conducted by either the Federal Mediation Conciliation
Service or by 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 Board of Aldermen will select an arbitrator to conduct the election
by requesting a panel of five (5) arbitrators from the Federal Mediation
and Conciliation Service and then selecting one (1) of the arbitrators
from the list to conduct the election.
E.
After
the election has concluded, the person conducting the election will
immediately and publicly count the ballots and issue a report on election
indicating how many ballots were cast for representation by the labor
organization and how many votes were cast against representation.
F.
Any
disputes concerning the election must be referred for decision to
the Board of Aldermen for consideration within seven (7) days of the
election. The decision of the Board of Aldermen on such disputes will
be final and binding.
G.
If
there is no dispute concerning the election, then the results of the
election will become final seven (7) days after the report on election
is issued.
H.
After
the results of the election become final, if a majority of the members
of the bargaining unit voted to be represented by the labor organization,
the Board of Aldermen will recognize the labor organization as representing
the employees of the bargaining unit.
I.
No
labor organization may seek to represent any bargaining unit (or portion
of any bargaining unit) by secret ballot election more than once in
any consecutive twelve (12) month period.
J.
In
the event that the majority of the employees 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 Board of Aldermen. Upon receipt of such a petition, the Mayor
will designate a three (3) person Recognition Committee (consisting
of the City Administrator and two (2) members appointed from among
the members of the Board of Aldermen) to determine if the petition
to revoke representation is authentic. Upon the report of the Recognition
Committee, if the petition is determined to be authentic, the Board
of Aldermen shall then revoke recognition of the labor organization
as bargaining agent for that bargaining unit.
[Ord. No. 13.16 §1, 4-5-2013]
A.
In
the event that the majority of members of the bargaining unit vote
to be represented by the labor organization for purposes of collective
bargaining, a City negotiator, designated by the Mayor and approved
by the Board of Aldermen, 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.
1.
If the City negotiator and the labor organization reach agreement
on a proposed collective bargaining agreement, the proposed agreement
will be submitted to the Board of Aldermen as an agenda item for consideration
on their next scheduled meeting. At that meeting, the Board of Aldermen
will approve, reject or hold the proposed collective bargaining agreement
open for further discussion.
2.
If the City negotiator and the labor organization cannot reach an agreement on the terms of a proposed collective bargaining agreement after substantial negotiations, the City negotiator may unilaterally submit the City negotiator's proposed collective bargaining agreement to the Board of Aldermen for consideration as set forth in Subsection (1) above.
3.
The decision of the Board of Aldermen with regard to approving or
rejecting a proposed collective bargaining agreement shall be final
and binding.
[Ord. No. 13.16 §1, 4-5-2013]
In accordance with Section 105.530, RSMo., strikes and other
unlawful conduct by any employee, whether individually or in concert
with others (including sympathy, unfair labor practice or wildcat
strikes), sit-downs, slowdowns, work stoppages, boycotts, any acts
honoring a picket line, or any other acts that interfere with the
City's operations are prohibited.
