A.
Authority. These policies, procedures, rules, and regulations are
established by the Board of Aldermen as the "Personnel Policy" of
the City.
B.
Purpose. The purpose of the Personnel Policy is the formulation of
sound personnel policies designed to promote efficiency and economy,
reward meritorious service, provide for the settlement of grievances,
develop, and maintain morale, and establish non-discriminatory standards
for the treatment of City employees.
C.
Intent. This Personnel Policy only outlines the major employment
policies of the City. These rules and regulations do not intend to
be and shall not be considered all-inclusive. The rules and regulations
are not intended to be a substitute for the good judgment, common
sense, and discretion of City personnel.
D.
Employment At Will. All employees are employed "at will" and the
City expressly reserves the legal right to discharge or terminate
employees at any time and for any reason. Likewise, employees have
the legal right to terminate their employment at any time and for
any reason. These personnel rules and policies are not a contract
and are not intended to create any contractual obligations on the
part of the City.
E.
Employment Categories.
1.
Full-Time. Any employee who has a regular work schedule of thirty-seven
and one-half (37.5) to forty (40) hours per week throughout the calendar
year.
2.
Part-Time. Any employee who works up to thirty-seven and one-half
(37.5) hours per week throughout the calendar year.
3.
Temporary/Seasonal. Any employee who works up to forty (40)
hours per week for only certain times during the year.
F.
LAGERS Eligibility. For purposes of the City's pension plan (LAGERS)
only, a full-time employee is one (1) who is regularly scheduled to
work more than twenty-five (25) hours per week throughout the year.
Temporary/seasonal employees are not eligible for this benefit.
G.
Changes In These Policies. As circumstances arise in which the City
may determine that changes to these policies are necessary, the City
reserves the right to change these policies at any time and reserves
the unilateral right to do so at any time without prior notice to
its employees. Accordingly, no statement on these rules and policies
is intended as a contractual commitment or obligation of the City
to any employee.
H.
Previous Policies. These personnel rules and policies supersede and
replace all previous rules and regulations.
I.
Consistent With Laws. These policies and procedures shall not be
inconsistent with but complimentary to related State and Federal laws
and regulations. If any provision becomes invalid due to subsequent
passage or interpretations of related legislation or court rulings
the remaining provisions shall not be invalidated.
J.
Personnel Policy Administration. The City Clerk or his or her designee
shall act as the Human Resources Director and be referred to as the
"HR Director" in this Personnel Policy. It shall be the responsibility
of the HR Director and the Mayor to administer, interpret and from
time to time recommend to the Board of Aldermen appropriate amendments
to the Policy.
K.
Conflicts. For employee grievances involving the City Clerk, the
Mayor shall serve as the HR Director.
[Ord. No. 21-4, 3-17-2021; Ord. No. 21-15, 9-1-2021]
A.
Mission. The City is committed to providing quality and effective
services to its residents and to the public at large.
B.
Values. The strength and future growth of the City is directly related
to the contributions made by each individual within the Organization.
To create the proper climate for employees to achieve maximum contribution:
1.
Employees will be placed in positions which best utilize their
aptitudes and skills without regard to age, race, color, creed, sex,
sexual orientation, political and religious affiliation, national
origin, disability or handicap, or marital status. Employees will
be offered the opportunity for self-development and advancement through
training and education as it benefits the City; and
2.
Employees will be respected for their personal worth and dignity.
They will be accorded fair and equitable treatment at all times through
a program of compensation and general working conditions that reflect
a spirit of social justice and social cooperation.
C.
Strategy. Commitment to the City's mission and values will result
in a desire on the part of each individual to excel in their work.
This can be measured by innovation and teamwork resulting in the implementation
of new and creative ideas.
1.
The success of this strategy will manifest itself in growth
in ability to serve, increased efficiency, greater productivity, positive
community relations and image projection, and access to resources
of all kinds.
[Ord. No. 21-4, 3-17-2021; Ord. No. 21-15, 9-1-2021]
For the City to fulfill its mission in the community, productive
and competent employees at all levels in the Organization must staff
the City. Accordingly, the City seeks to provide employment conditions
and policies which will attract, motivate, and retain highly qualified
employees.
[Ord. No. 21-4, 3-17-2021; Ord. No. 21-14, 8-4-2021; Ord. No. 21-15, 9-1-2021]
A.
Affirmative Action And Equal Opportunity Employer Policy.
1.
It is the policy of the City, as set forth by the Board of Aldermen,
to provide employment, training, compensation, promotion, and other
conditions of employment without regard to age, race, color, creed,
sex, sexual orientation, political and religious affiliation, national
origin, or marital status, and in full compliance with the Americans
with Disabilities Act.
2.
Appropriate job-related standards will be applied to the condition
of employment and will be maintained at a level consistent with the
growth of the City.
3.
To the extent possible, the City will seek out individuals with
the best qualifications and the most promising potential to meet its
employment requirements. Within its capacity, the City will provide
appropriate training and development to enable individuals to successfully
complete their probationary period and qualify for continued employment.
B.
Employment Policy. All employment will begin with a probationary
period to allow the employee the opportunity to demonstrate an ability
to perform the job and the City to assess performance. Unless otherwise
stated in the written job offer, the probationary period will cover
the first six (6) months of employment. The probationary period shall
be regarded as an integral part of the evaluation process and shall
be utilized for closely observing the employee's work and for securing
the most effective adjustment of a new, transferred or promoted employee
to the position, and for replacing any employee whose performance
does not meet the required work standards.
1.
Procedure.
a.
All applicants for employment must complete the City's official
job application form. An authorized representative of the City will
review all applications, check prior employment and personal references,
and verify appropriate application information.
b.
Applicants selected for employment will be issued a letter confirming
the offer of employment and stating pertinent details such as position
title, salary, nature of duties, date acceptance or rejection of the
offer is expected and any other special conditions of employment.
The letter will be signed by the Mayor or HR Director, as appropriate.
The letter is not a contract for employment.
c.
Selection of the City Clerk will be made by the Board of Aldermen pursuant to Section 115.090 of the Twin Oaks Municipal Code. Employment of all other employees will be made by the Board upon recommendation by the Mayor and the HR Director.
d.
Basic personnel policies will be discussed with a prospective
employee, by the appropriate person, during the interview process.
After employment is confirmed, the new employee will be given a copy
of the Personnel Policies and Procedures Manual.
e.
During the probationary period, the Mayor and the HR Director
will evaluate and discuss job progress with the new employee. At the
end of the probationary period, the Mayor and the HR Director will
render a written evaluation, and a decision will be made by the Board
of Aldermen regarding the employee's retention. New employees will
be subject to the same personnel practices as those in effect for
all employees.
f.
During this probationary period, an employee may be dismissed;
and there shall be no right of appeal or grievance upon such dismissal.
g.
The HR Director will be responsible for the administration of
personnel issues in accordance with the City's policy of Equal Employment
Opportunity and Affirmative Action, and in accordance with State and
Federal laws. The Board of Aldermen will be consulted on such matters
as appropriate.
C.
Anti-Discrimination Policy. It is the firm commitment of the Board
of Aldermen to prohibit any type of employee discrimination or harassment.
The City will not tolerate the discriminatory actions or harassing
behavior by an employee aimed at another employee, elected official,
vendor, or resident of the City.
1.
Policy. It is the policy of the City that all employees should
be able to enjoy a working atmosphere that is free from all forms
of discrimination. Discrimination infringes on every employee's right
to a comfortable and productive work environment and undermines the
integrity of the employment relationship. No employee, male or female,
should be subjected to repeated, unsolicited, or objectively unwelcome
conduct, either verbal or physical. The City is committed to provide
a positive working environment in which each employee is respected
as an individual and can realize his or her full potential, with equal
opportunity for advancement and personal growth. Consistent with this
commitment, the City strictly prohibits all forms of discrimination
and any employee who is found to have engaged in discriminatory activity
will be subject to immediate corrective action, up to and including
termination of employment.
2.
Definitions.
a.
Sexual harassment consists of unwelcome sexual advances, request
for sexual favors, or other verbal or physical conduct of a sexual
nature where:
(1)
Submission to such conduct is made a term or a
condition of employment; or
(2)
An employment decision (such as promotion or job
assignment) is based on acceptance or rejection of such conduct; or
(3)
Such conduct interferes with an employee's work
performance or creates an intimidating, hostile or offensive work
environment.
b.
Sexual harassment takes a variety of forms and may involve employees
in any job and at any level of responsibility. Although it would be
impossible to list all forms of sexual harassment, the City has set
out some examples of conduct which would violate the City's Harassment
Policy:
(1)
Intentional physical contact of a sexual nature,
such as touching, fondling, pinching, patting, or grabbing another
employee; or
(2)
Making unwelcome or persistent sexual advances
toward another employee; or
(3)
Making sexual comments, jokes, noises, or gestures
to, or in the presence of, another employee; or
(4)
Using explicit or derogatory sexual terms about,
or in the presence of, another employee, displaying sexually explicit
or sexually oriented materials in the workplace, including, but not
limited to, magazines, posters, calendars, photographs, sketches,
or cartoons; or
(5)
Granting or promising preferential treatment to
an employee in exchange for submitting to or participating in sexual
conduct; or
(6)
Threatening an employee, with termination, demotion,
poor evaluation or other detrimental or retaliatory conduct to obtain
sexual favors; or
(7)
Retaliating in any way against an employee who
has complained of, or reported, sexual harassment, or who has participated
in the investigation of such conduct.
c.
Other forms of harassment may include:
3.
Reporting. Any employee who believes that he/she has been the
victim of harassment as defined herein, or who has witnessed or has
knowledge of such behavior, is required to report such conduct to
the HR Director (or the Mayor, if it involves the HR Director) immediately.
4.
Employee Grievance Procedures.
a.
It shall be the policy of the City to give individual employees
an opportunity to discuss their complaints; to ensure employee concerns
are reviewed in a timely manner, and to provide procedures to handle
concerns expressed by the employee. Any employee who is aware of an
employee harassing or discriminating against someone shall notify
the HR Director immediately (or the Mayor, if it involves the HR Director).
An employee who fails to report such actions may be subject to disciplinary
action, up to and including termination. No employee will be subjected
to any form of retaliation for making a good faith report or participating
in a grievance investigation.
b.
The HR Director shall attempt to resolve the matter promptly
and fairly. Following the discussion between HR Director and employee
the HR Director shall ask if the employee believes the grievance has
been settled. If the employee informs the HR Director the oral discussion
settled the issue, the HR Director shall make a note of same and place
in the appropriate personnel file(s). If the employee informs the
HR Director the oral discussion failed to settle the issue, the HR
Director shall have the employee submit a written report with supporting
documents to the HR Director for the purpose of conducting an informal
investigation. The informal investigation shall be conducted by the
HR Director or his/her designee. To resolve the grievance, he/she
will consider the facts, conduct the informal investigation as necessary
and appropriate. The HR Director's decision shall be in writing and
shall be delivered to the complaining employee ten (10) days following
the date on which the HR Director received the employee's written
report. If it is determined corrective action is needed, prompt remedial
action will be taken.
c.
If the employee and HR Director believe the grievance has not
been settled following their initial oral discussion and informal
investigation, the HR Director shall promptly notify the Mayor of
the matter (or the President of the Board of Aldermen, if it involves
the Mayor) and have the option to handle the grievance in the following
ways:
(1)
Have the employee submit a written report with
supporting documents to the HR Director for the purpose of conducting
a formal investigation. The formal investigation shall be conducted
by the HR Director or his/her designee with the assistance of the
City Attorney or special legal counsel. The formal investigation shall
involve a full examination of the facts, which may include review
of the employee's written report and supporting documents, appropriate
discussions with all individuals concerned and further investigation
if necessary. Before any action is taken, the HR Director and the
City Attorney will review the findings of the investigation, including
the written reports and evidence accumulated and documented. A complete
written report will then be provided to the Board of Aldermen who
will, in Executive "Closed" Session, take such corrective action,
which may involve any level of corrective action up to an including
immediate termination of employment; or
(2)
Have the employee submit a written report with
supporting documents to the HR Director for the purpose of having
an independent third-party investigator conduct a formal investigation.
The Board of Aldermen, in Executive "Closed" Session, shall be advised
of the matter and decide if a third-party investigator should be hired
to conduct a formal investigation.
5.
Members Of The Public. If an employee feels harassed by a member
of the public, the employee should immediately notify the HR Director
so the City can endeavor to take immediate and corrective action,
if possible.
D.
Hours Of Work And Overtime Policy.
1.
Employees Exempt From Overtime. All City employees in executive
and administrative positions are "exempt" as defined by the Fair Labor
Standards Act, as amended (the "Act") and are therefore, not paid
overtime for hours worked in excess of forty hours (40) during the
work week.
2.
Employees Not Exempt From Overtime. All positions not specifically
identified as Executive or Administrative are designated as "non-exempt,"
and are paid at an hourly rate, and therefore eligible for overtime
compensation or the minimum wage provisions by said Act.
a.
Overtime. Although every effort will be made to avoid it, overtime
work may occasionally be required. The normal workweek for "non-exempt"
personnel is forty (40) hours with meals excluded. Non-exempt employees
are not permitted to work overtime without the prior approval of the
HR Director. Overtime compensation shall be at a rate of one and one-half
(1 1/2) times the hourly rate.
b.
Compensatory Time. It is the City's policy to compensate employees
entitled to overtime through compensatory time-off. Also known as
"Comp Time," compensatory time-off is defined as time-off in lieu
of overtime pay at a rate of one and one-half (1 1/2) hours for
each overtime hour worked. An employee using compensatory time-off
is paid at the regular rate of pay for the time-off. Only hours worked
in excess of forty (40) during a workweek will be counted as accrued
compensatory time-off. Vacation time, sick leave time, holidays and
other time off shall not be considered as hours of work for the purposes
of computing overtime. The HR Director may reschedule daily hours
or the workweek of any employee when necessary to successfully carry
out the City's business.
(1)
Compensatory time-off may be accrued to a maximum
of eighty (80) hours (the "Hours Cap") for all covered employees unless
waived for special circumstances by the Board. However, even if the
Board approves carry over of a covered employee's accrued compensatory
time in excess of the Hours Cap, on December 31 of the year following
Board approval of such carry-over, all accrued hours over forty (40)
shall be paid out as overtime compensation based upon the employee's
current hourly rate of pay.
(2)
Compensatory time that has not been utilized at
the time the employee severs employment with the City shall be paid
out as overtime compensation based upon the employee's current hourly
rate of pay.
c.
Tracking Compensatory Time. The HR Director or designee shall
document accrued Comp Time by converting overtime hours to accrued
Comp Time at the rate of one (1) hour of overtime equals one and one-half
(1.5) hours of Comp Time. In the situation where it is necessary to
pay an employee the cash equivalent of part or all accrued Comp Time,
the HR Director shall simply multiply the accrued Comp Time total
by the employee's current hourly rate of pay. The HR Director shall
regularly (at least quarterly) notify non-exempt employees of the
amount of their accrued Comp Time.
3.
Workweek. The standard work week (Sunday - Saturday) for staff
members exempt from the provisions of the "Act" will generally be
around forty (40) hours. However, due to the nature of their work,
exempt employees will need to be available for duty beyond the normal
work week such as night meetings and, on occasion, weekend City events.
The regular salary of these employees is considered full compensation
for the standard work week plus unplanned, irregular, or extra work
hours inherent in the performance of their assigned position functions.
4.
Call-Back Time. If a non-exempt employee is called to work outside
of a normally scheduled workday or is called back to work after having
completed a regularly scheduled workday, the minimum overtime for
which compensation will be made will be two (2) hours.
5.
City Hours Of Operation. City offices will be open as scheduled
throughout the year, unless closed due to bad weather or other reasons
by the decision of the Board of Aldermen.
E.
Employment Benefits And Policies. The City seeks to provide benefits
to all full-time and permanent part-time employees that, when combined
with salary, provide a reasonable foundation for economic security.
1.
General Benefits. All full-time and part-time employees are
covered by social security, worker's compensation, and unemployment
insurance from the first day of employment, in accordance with applicable
laws and regulations. Worker's compensation and unemployment insurance
costs are paid by the City; both employees and the City contribute
to the Social Security Fund (FICA).
2.
Pension Fund. The City offers a pension fund to all eligible
permanent employees called LAGERS (Local Association of Government
Employee Retirement System), using both employer and employee contributions.
For purposes of LAGERS only, a "full-time employee" is one (1) who
is regularly scheduled to work more than twenty-five (25) hours per
week throughout the year. Temporary employees are not eligible for
this benefit.
3.
Personal Spending Stipend. As part of an employee's compensation,
the City may contribute an annual predetermined amount (based on available
budgeted funds) to each employee or class of employees that may go
towards dependent childcare expenses, healthcare costs, college tuition,
savings, or any other use the employee may desire. The Board may set
the annual stipend by ordinance, resolution, motion, or by way of
the approved budget. Nothing herein shall require the stipend to be
uniform across all classes of employees and the Board may differentiate
from class to class. Temporary employees and part-time employees regularly
scheduled for less than twenty (20) hours per week are not eligible
for the stipend.
4.
Vacation Leave Policy.
a.
Only full-time and part-time employees regularly scheduled for
more than twenty (20) hours per week shall be eligible for paid vacation.
Part-time employees regularly scheduled for less than twenty (20)
hours per week and temporary/seasonal employees are not eligible for
vacation benefits.
b.
Eligible employees will begin accruing vacation leave on their
first day of employment but are not eligible to use the vacation time
until six (6) continuous months of employment with the City are achieved,
unless waived for special circumstances by the Board.
c.
Vacation must be earned before it is taken and scheduled in
advance with approval of the HR Director. Full-time employees will
accrue vacation annually based on length of service according to the
following schedule:
(1)
120 hours - Employees will accrue 4.62 hours per
pay period for years of service through five (5).
(2)
144 hours - Employees will accrue 5.54 hours per
pay period for years of service six (6) through fifteen (15).
(3)
168 hours - Employees will accrue 6.46 hours per
pay period for years of service sixteen (16) plus.
d.
Part-time employees will accrue vacation annually based on length
of service according to the following schedule:
(1)
80 hours - Employees will accrue 3.08 hours per
pay period for years of service through five (5).
(2)
100 hours - Employees will accrue 3.85 hours per
pay period for years of service six (6) through fifteen (15).
(3)
120 hours - Employees will accrue 4.62 hours per
pay period for years of service sixteen (16) plus.
e.
City employees are encouraged to take their vacation time during
the current year. However, employees may carry over any remaining
unused vacation hours to a maximum of two hundred forty (240) hours
of vacation.
f.
Exempt employees' description of vacation time will be contained
in their Memorandum of Agreement.
5.
Sick Leave Policy.
a.
Sick Leave Is Not An Earned Benefit. Absence from scheduled
work, whether excused or unexcused, can lessen the City's efficiency.
Sick leave is a privilege granted in recognition of faithful service
when any employees are ill and unable to work; thus, unused sick leave
is not payable at the time of termination. Accrued sick leave may
be used in the following situations:
(1)
The employee is incapacitated for the performance
of assigned duties by sickness or injury; or periods of time required
for medical, surgical, dental, or optical examinations or treatment.
(2)
Members of employee's household: the employee is
absent due to an illness of the employee's spouse, children, other
relatives, or unrelated members of the employee's household, who require
the employee's personal care and attention.
(3)
Unusual Cases Will Be Handled On An Individual
Basis. The final decision concerning the usage of sick leave rests
with the HR Director and is based upon the degree to which the employee
is responsible for providing personal care and attention for a family
member, who may or may not reside in the household, or for another
member of the household. Merely visiting a relative or household member
who is ill or hospitalized would not justify usage of sick leave.
b.
Part-time employees regularly scheduled for less than twenty
(20) hours per week, temporary/seasonal employees are not eligible
for sick leave.
c.
Full-time employees accumulate sick leave at the rate of 4.616
hours per pay period with a maximum balance of two hundred forty (240)
hours. Sick leave can be taken in two-hour increments.
d.
Part-time employees regularly scheduled for more than twenty
(20) hours per week accumulate sick leave at the rate three and eight
hundredths (3.08) hours per pay period with a maximum balance of one
hundred eighty (180) hours. Sick leave can be taken in two-hour increments.
e.
New employees accrue sick leave starting with their first day
of employment but cannot use sick leave until after completing their
six-month probationary period.
f.
Chronic and pattern absenteeism, and or tardiness, or other
abuse of this policy will lead to disciplinary action up to and including
termination of employment. Examples of pattern absenteeism, include,
but are not limited to, absences on any Mondays or Fridays and/or
adjacent to a holiday(s).
6.
Holiday Policy.
a.
The City recognizes the following holidays as paid time off
for all full-time and part-time employees: New Year's Day, Martin
Luther King Jr. Day, President's Day, Memorial Day, Juneteenth, Independence
Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving,
Day before Christmas, and Christmas Day.
[Ord. No. 22-09, 6-1-2022]
b.
If a holiday falls on a scheduled workday of a part-time employee,
that employee will be paid for those regularly scheduled hours to
work. If a holiday falls on a non-scheduled workday of a part-time
employee, no pay will be recorded. Temporary/seasonal employees will
not work on that day and will not be paid.
c.
If any of the recognized holidays fall on a Saturday, the previous
Friday will be observed as the holiday. When any of the recognized
holidays fall on a Sunday, the following Monday will be observed as
the holiday. When any of the recognized holidays falls within a period
of paid leave, the holiday may be used in lieu of the paid leave.
Exempt employees who are required to work on a recognized holiday
will be given a substitute holiday to be taken within thirty (30)
days thereafter.
d.
Non-exempt employees who are required to work on a recognized
holiday will be paid at time and one-half (1 1/2). For example, a
part-time employee who works two (2) hours on a paid holiday will
receive three (3) hours of regular pay plus an amount of holiday pay
equal to their regularly scheduled workday. A full-time, non-exempt
employee who works a full day on a holiday will receive twelve (12)
hours of regular pay plus eight (8) hours of holiday pay.
7.
Jury Duty Policy. The City recognizes the civic duty of employees
to serve on juries when called. Full-time and part-time employees
performing jury duty will continue to receive their regular pay during
the period of service and may retain the jury fee. A copy of the jury
duty summons and jury duty service certification must be submitted
for placement in the employee's file. However, temporary/seasonal
employees will not be paid jury duty leave.
8.
Bereavement Leave Policy. Full-time and part-time employees
may be granted up to three (3) working days of leave without loss
of regular pay in the event of a death in the immediate family. If
the allowable number of days is not sufficient, additional days may
be taken as vacation time or unpaid leave. For the purpose of this
policy, "immediate family" is defined as follows: Spouse, parents,
father-in-law, mother-in-law, children, son-in-law, daughter-in-law,
siblings, grandparents, grandchildren, guardian, and significant other.
9.
Unpaid Leave Of Absence Policy.
a.
Due to the number of employees at the City being less than fifty
(50), employees are not eligible for leave under the Family Medical
Leave Act (FMLA). However, the City recognizes the need for extended
periods of leave due to a serious medical issue or the birth of a
child and has adopted a policy for granting an unpaid leave of absence
to eligible employees ("ULA").
b.
Eligibility. To be eligible for ULA, full-time and part-time
employees must have worked for the City for at least twelve (12) months
and for at least one thousand two hundred fifty (1,250) hours during
the year preceding the requested leave. ULA may be granted for medical
reasons; to care for a newly adopted, foster care, or newborn child;
to care for the employee's spouse, son, daughter, or parent with a
serious health condition; or because of an employee's own serious
health condition that makes the employee unable to work at all or
to perform the essential functions of the employee's job.
c.
Procedure. A request for ULA must be made, in writing, to the
HR Director and specify the purpose, length, and specific dates thereof.
The HR Director, with the approval of the Mayor, will notify the employee,
in writing, of the decision. The ULA shall be without pay, benefits,
accrual of vacation or accrual of sick leave for a period not to exceed
twelve (12) calendar weeks. ULA shall be granted only after all the
employee's accrued sick leave, parental leave, and vacation leave
have expired. ULA shall be supplemental to and not in addition to
use of sick leave, parental leave, and vacation leave for a ULA qualifying
leave.
d.
If ULA is granted hereunder because of a full-time and part-time
employee's medical condition, the employee may be required to submit
a statement from his/her attending physician which shall include the
date the serious health condition began; the physician's judgment
concerning the probable duration of the condition; the diagnosis of
the serious health condition; a statement of the course of treatment;
an indication of whether in-patient hospitalization is necessary;
and a statement that the employee either cannot perform any kind of
work or cannot perform the essential functions of his/her job. If
the ULA is to care for a family member, the employee may be required
to provide a statement from the family member's physician indicating
that it would be desirable or beneficial for the employee to provide
care for the family member.
e.
Full-time and part-time employees seeking to use leave under
this policy are required to provide thirty (30) days advanced notice
of the need to take leave if the need for the leave is foreseeable
based on an expected birth or placement of a child or planned medical
treatment for the serious health condition of the employee or family
member. If thirty (30) days' notice is not practical under the circumstances,
notice must be given as soon as practical. Notice should include the
reason for the requested leave, the anticipated start of the leave,
and the anticipated duration of the leave.
10.
Continuing Education Payment/Reimbursement Policy. The City
recognizes that attendance at selected outside seminars, conferences,
and/or workshops are mutually beneficial to the employee and the City.
Employees are encouraged to participate in continuing education activities
in areas related to their work and will be reimbursed for the cost
of pre-approved training, subject to the availability of funds and
prior written approval by the Board of Aldermen. Books and other required
class materials will not be reimbursable.
11.
Military Leave Policy.
a.
Any employee who is to perform active duty or training or inactive
duty or training in the Armed Forces of the United States, including
but not limited to active reserves, shall be granted a leave of absence,
as permitted by law. Further, an employee who leaves the City for
such military service may be paid accrued vacation for which the employee
is eligible from the City at the time of the leave of absence.
b.
Any employee who leaves his/her job to serve in the armed forces
is entitled to all rights provided for under State and Federal law
during the performance of military duty and, upon completion of the
military duty, the employee is entitled to reinstatement to his or
her former position or to a position equal in terms of seniority,
pay, and status to the one the employee left to go into the service
unless the City's circumstances have changed so much that it would
be impossible for this to be done. Those reinstatement rights are
conditioned upon the employee fulfilling the basic requirements for
reinstatement under Federal and State law.
c.
An employee who is reinstated following completion of military
service shall be eligible to take accrued vacation thirty (30) days
after reinstatement.
d.
In addition to a leave of absence otherwise authorized in these
rules, employees who are required to take annual periods of training
as members in organized units of the Reserve Corps of the Army, Navy,
Air Force, Marine Corps, Coast Guard, or the National Guard and who
are ordered to active duty, will be granted a leave of absence without
loss of time, pay, regular leave, impairment of job evaluation, or
any other benefits to which they may otherwise be entitled, upon proper
application through the HR Director and written approval by the Board
of Aldermen for the duration of said period of annual training not
to exceed fifteen (15) working days in any Federal fiscal year.
12.
Voting Time Policy. Any employee eligible and registered to
vote in any election held within this State, or any primary election
held in preparation for such election shall, on the day of such election,
be entitled to leave from duty (if on duty) which would allow three
(3) hours of voting time between the time of opening and the time
of closing the polls. This Section shall not apply to a voter on the
day of the election if there are three (3) successive hours while
the polls are open in which the employee is not on duty. The HR Director
may specify any three (3) hours between the time of opening and closing
of the polls during which an employee may be granted voting leave.
Generally, said leave shall not exceed one (1) hour of paid on-duty
time for each Election Day. Exceptions may be arranged with the approval
of the HR Director. Employees may be required to show current eligible
voter registration cards to the HR Director prior to release for voting
purposes and no employee shall be granted time off with pay for voting
who is not eligible to participate in a given election.
13.
Employment Restrictions Policy.
a.
No City employee shall solicit any contribution for the campaign
fund of any candidate for City office or take part in the political
campaign of any candidate for City office. All employees may exercise
their rights as a private citizen to express opinions and, if a registered
voter in the City, sign a nominating petition for any City candidate
and vote in any City election. Political affiliation, participation,
or contribution shall not be considered in making any City employment
decision. No City officer, employee, or member of a Board, or Commission
shall use official authority or official influence for the purpose
of interfering with or affecting the result of any election to or
nomination for a City office. No City officer, employee, or member
of a Board or Commission shall directly or indirectly coerce, attempt
to coerce, command, advise or solicit a City employee to pay, lend,
or contribute anything of value to a party, committee, organization,
agency, or person for political or electoral purposes.
b.
No employee, either full- or part-time of the City, while on
duty or while in uniform that identifies the individual as an employee
of the City shall canvass on behalf of any candidate, political party,
or political issue; display a political picture, sticker, badge, or
button; attend a political rally, fund-raising function, or other
political gathering; circulate or sign a political petition; or serve
as an election judge or clerk.
c.
No employee shall place, or allow to remain, upon a City vehicle
used by the employee in the course of employment any political picture,
sticker, badge, or button.
d.
Nothing in these regulations shall be construed to restrict
an employee's freedom to express an opinion or exercise the right
to vote.
e.
No City employee shall use City equipment, personnel, facilities,
or resources to promote or help promote any civic, social, business,
or political candidate, or any other non-City purpose without the
express written consent of the HR Director or the Board of Aldermen.
14.
Parental Leave Policy.
[Ord. No. 21-22, 12-1-2021]
a.
The purpose of this policy is to give parents additional flexibility
and time to bond with and care for their new child. Maternity/paternity/adoption
leave under this policy is paid leave, not required by law, and is
associated with the birth of an employee's own child or the placement
of a child with the employee in connection with adoption or foster
care. Such paid leave under this policy will not be charged against
the employee's other paid leave benefits; however, if the employee
is entitled to leave under the Unpaid Leave of Absence Policy for
such event, paid parental leave and ULA leave will run concurrently.
Please refer to the Unpaid Leave of Absence Policy for further guidance
on the ULA.
b.
This policy will be in effect for births, adoptions or placements
of foster children occurring on or after the effective date[1] of this amendment.
[1]
Editor's Note: Because the removal of the parental leave benefit
was inadvertent, the City shall continue to consider the benefit as
being in place since August 4, 2021.
c.
Eligibility. Eligible employees must meet the following criteria:
(1)
Be a designated full-time employee with at least twelve (12)
months of continuous full-time service at the time of birth or adoption
date.
(2)
In addition, employees must experience one (1) of the following
events:
(3)
The placement or adoption of a child by a new spouse (i.e.,
stepchild) is excluded from this policy.
d.
Leave Time. Employees will be granted paid parental leave in the
amount listed on the schedule below per 12-month period running from
the first date of parental leave, to cover their regularly scheduled
shifts for time off to bond with and care for the child. In the event
more than one (1) child is born or adopted at the same time, a maximum
of the hours listed below will be granted. In the event both parents
are employees of the City, a maximum of the hours listed below will
be given in total to the parents. The hours listed below are the maximum
that will be granted per occurrence.
(1)
Full-time employees shall be granted paid parental leave at
the rate of two hundred forty (240) hours (six (6), 40-hour workweeks)
per birth or adoption event.
(2)
All parental leave described in this policy shall be available
for a six-month period following the birth, adoption or placement
of a child.
(3)
Leave may be used intermittently during the six-month period,
but must be used in a minimum of one-week increments for ease of scheduling
and tracking purposes. If used intermittently, the weeks must be requested
in advance and pre-approved by the employee's supervisor.
e.
General Rights And Responsibilities.
(1)
An eligible employee shall initially notify the HR Director,
in writing, of the need for parental leave and include the estimated
timing of such leave at least sixty (60) calendar days in advance
of the need for parental leave, when possible. If the need for parental
leave is not foreseeable, an eligible employee must give notice of
the need to the HR Director as soon as practical.
(a)
Documentation from the physician with an estimated due date
or court documents providing the date of adoption or placement of
foster child must be provided.
(2)
Insurance benefits will continue to be provided during the paid
parental leave period at the same rate as offered to other active,
full-time employees. Paid leave benefits will continue to accrue.
(3)
Once the six (6) weeks of leave has been exhausted, employees
may request continued leave under other leave policies as applicable.
(4)
An employee who takes paid parental leave that does not qualify
for ULA leave will be afforded the same level of job protection for
the period of time that the employee is on paid parental leave as
if the employee were on ULA-qualifying leave.
(5)
Upon termination or resignation of employment, the employee
shall not be eligible for payment of any unused parental leave.
(6)
Disciplinary action, up to and including termination, may be
taken against an employee who uses parental leave for purposes other
than those described in this policy.
[Ord. No. 21-4, 3-17-2021; Ord. No. 21-15, 9-1-2021]
A.
Pay Period. All City employees will be paid bi-weekly. When the payday
falls on a City Holiday, employees will be paid the preceding workday.
1.
Procedure.
a.
Time records showing the hours worked and leave taken will be
maintained on a regular basis. Vacation and sick leave accruals will
be maintained by the HR Director or his/her designee on each employee's
attendance report.
b.
Time and attendance records, signed by each employee, will be
submitted to the HR Director for approval and verification signature
at the end of each pay period.
c.
All full-time employees are required to take an unpaid thirty
(30) minute break mid-day for wellness purposes.
2.
Supplementary Employment. Any employee who wishes to engage
in supplementary employment may do so without jeopardizing their employment
with the City, subject to the following conditions:
a.
The proposed activity is approved by the Board of Aldermen.
b.
The activity will not harm the City's public relations image.
c.
The activity will not interfere with the individual's work or
work schedule at the City.
d.
There is no potential for a conflict of interest.
e.
The activity will not require the use of the City's facilities,
equipment, supplies, or other personnel.
3.
Professional And Other Memberships. Participation in community
activities and professional organizations is encouraged when such
activities are consistent with the mission of the City and do not
interfere with the employee's work or work schedule. Payment of dues
will be reviewed prior to the approval of the upcoming year's budget
and may be approved as available by the Board of Aldermen during the
budget process.
[Ord. No. 21-4, 3-17-2021; Ord. No. 21-15, 9-1-2021]
A.
General Policy. Employees required to travel on City business, and/or
who incur other authorized expenses on behalf of the City, will be
reimbursed under the travel reimbursement procedure.
1.
Out-Of-Town Travel. When out-of-town travel is required, air,
bus, personal vehicle, or train transportation may be used; however,
reimbursement will be made at the lowest rate of air coach fare, or
mileage, whichever is less. Reimbursement for hotel/motel accommodations
will be made for the actual costs incurred for a single room with
bath, unless otherwise authorized. When accommodations are required
for an extended period of time, weekly rates will be obtained if available.
Miscellaneous expenses, such as tips, meter fees, bridge tolls, etc.,
are considered usual expenses and will be reimbursed on a reasonable
actual cost basis. Receipts for accommodations, transportation, meals,
and off-street parking should be obtained and submitted with the expense
account.
2.
Travel Within The St. Louis Area. Employees using their own
personal vehicles for City business will be reimbursed for such use
at the current rate and according to the rules established by the
Internal Revenue Service. Employees are responsible for their own
auto insurance when using their personal vehicles while on City business.
The City requires valid copies of driver's license and current auto
insurance for all employees who use their personal vehicle for business.
Rental car expenses will not be reimbursed unless the amount is found
to be less expensive than the current rate of mileage per the IRS
standard.
B.
Employees delegated to attend luncheon and dinner meetings as City
representatives will be reimbursed for all time and expenses incurred
in doing so.
[Ord. No. 21-4, 3-17-2021; Ord. No. 21-15, 9-1-2021]
A.
Confidential Personnel Folder. A confidential personnel folder will
be maintained by the City on each employee. Information contained
in this file will include data pertinent to the individual's employment,
such as their application form, reference checks, work history, job
descriptions(s), performance evaluations, disciplinary actions, counseling
records, commendations, etc. Personnel folders are available only
to the employee, the HR Director, Mayor, and the Board of Aldermen.
Personnel folders are available once quarterly to each employee for
their review if requested. An employee wishing to add, delete, or
change any file items must submit a written request to the HR Director,
identifying the item(s) involved, the desired actions and the reasons
therefore. Inquiries relative to earnings or job performance must
be submitted, in writing, to the HR Director on business or credit
agency letterhead, and the employee must give written permission for
such information to be released. Only written inquiries will be acknowledged.
Inquiries should be addressed to the HR Director and will be limited
to employment confirmation, position, title, and length of service.
B.
Performance Evaluation. For the purpose of employee development and
salary administration, each employee's performance will be reviewed
and evaluated annually on or near the employee's anniversary date
of employment or at a date determined by the HR Director. The performance
evaluation will be based primarily on how well the employee addressed
the responsibilities outlined in the description of their position.
All employees will be asked to sign their evaluations verifying that
they received the evaluation and that the performance discussions
were held. The employee's signature does not necessarily indicate
that the employee agrees with the evaluation. In the event of any
disagreement over any part of the evaluation, the employee may file
a written statement to that effect and that statement will be attached
to the evaluation and become an integral part of the employee's personnel
folder.
[Ord. No. 21-4, 3-17-2021; Ord. No. 21-15, 9-1-2021]
A.
It shall be the duty of all employees to maintain high standards
of conduct, cooperation, efficiency, and economy in their work for
the City. The HR Director shall endeavor to organize and direct the
work of their units in a manner calculated to achieve these objectives.
B.
Whenever work habits, attitude, production, or personal conduct of
an employee falls below a desirable standard, the HR Director shall
point out the deficiencies at the time they are observed (or as soon
as practical thereafter).
C.
Oral and written warnings with reasonable time for improvement and
subsequent review shall precede formal discipline, whenever, in the
judgment of the HR Director, any infraction is readily correctable.
D.
When an oral warning is given, the HR Director shall explain the
infraction to the employee and indicate corrective measures that shall
be taken. The HR Director will inform the employee that his/her conduct
must improve or he/she will face more severe disciplinary action.
The employee may be asked to sign an acknowledgement that the oral
warning took place. A record of this warning will be placed in the
employee's personnel file, and the employee will receive a copy.
E.
A written admonition may be used for more serious infractions or
in cases where the same rule has been broken. The HR Director shall
state, in writing, the nature of the infraction leading to the disciplinary
action and prior warnings, if any. The admonition shall include what
improvement is expected, the time limits for this improvement to occur,
and consequences if the improvement goal is not met. The employee
should read and sign the warning in the presence of the HR Director.
One (1) copy of the warning will be placed in the employee's personnel
file, and one (1) copy will be given to the employee.
F.
Corrective actions shall, at all times, be promptly administered
and executed, thoroughly documented, appropriate to the infraction
committed, and shall never be used on account of political considerations,
personal bias, or prejudice.
G.
Any disciplinary action shall be documented and explained to the
employee. Eligible employees may appeal disciplinary actions against
them pursuant to the City's grievance procedure, but they may not
appeal a termination of employment.
H.
Terminations. Terminations of employment with the City will be classified
under one (1) of the following:
1.
Resignation. A termination is classified as a "Resignation"
when it has been voluntarily initiated by the employee. To remain
in good standing and be eligible for rehire, the employee must submit
their written letter of resignation at least ten (10) working days
in advance. If the employee's continued employment is determined by
the City to be detrimental to the City, the resignation may be effective
immediately and employment may be terminated immediately. Under these
circumstances, the resigning employee would be eligible to receive
ten (10) working days of regularly scheduled pay plus vacation pay
accrued until date of resignation notice. Employee will not be compensated
for accrued sick leave.
2.
Discharge. A termination will be classified as a "Discharge"
when it has been determined that the employee's activities have not
been in the best interests of the City and/or the employee is guilty
of conduct contrary to the policies and procedures of the City. An
employee discharged will be paid only for time worked plus accrued
vacation. The employee will not be compensated for accrued sick leave.
Examples of conduct for which an employee may be discharged, include,
but are not limited to
a.
Conviction of a felony while an employee of the City.
b.
Misappropriation of City funds, supplies or materials.
c.
Failure to carry out job duties and responsibilities in an acceptable
manner.
d.
Violation of the City's "Conflict of Interest" Policy.
e.
Insubordination.
f.
Introduction, possession, distribution or use on City property
or in City equipment of intoxicating liquors or illegal controlled
substances (drugs) or proceeding to or from work under the influence
of liquor or an illegal controlled substance.
g.
Unlawful possession, use or distribution of any firearm(s) including
possession of a firearm on one's person on City property while at
work.
h.
Falsification of any City records.
i.
Harassment and/or intimidation.
j.
Violation of City policies applicable to employees.
k.
Inability or unwillingness to perform tasks necessary or required
of the job position (unrelated to a disability).
l.
The employee's continued employment is determined by the Board
of Aldermen to be detrimental to the City.
3.
Retirement/Separation Of Employment. An employee, whose termination
is the result of retirement or separation of employment, will be paid
through the last day of service, plus accrued vacation.
4.
Disability. If an employee is unable to perform the essential
functions of his/her position with or without reasonable accommodation
because of disability, the City may separate, transfer, or otherwise
dismiss that employee. The City reserves the right to require any
employee to undergo a physical or mental examination if the City determines
that there is an issue with respect to the employee's ability to perform
the essential functions of his/her job, or whether reasonable accommodation
is necessary to enable the employee to perform the essential functions
of the position.
5.
Return Of City Property. An employee leaving the City's service
for any reason and who has City-owned equipment or property in his/her
possession shall return such equipment or property to the HR Director
prior to receiving his/her last paycheck. Failure to return said property
may result in an amount being withheld from the employee's pay check
equal to the value of the property.
I.
Grievance Policy. All employees shall have the right, except as specified
herein, to utilize the grievance and complaint procedures of this
Chapter. The grievance and complaint procedures of this manual will
be available to full-time and part-time employees who work at least
twenty-five (25) hours per week, who are not serving a probationary
period, whether imposed due to a new position or for disciplinary
performance reasons.
1.
Purpose. The grievance procedure provides the employee with
a means of discussion and resolution of work-related grievances. The
procedure is intended as a means of resolving situations where employees
believe personnel policies have been or are being violated and are
not a means to contest management decisions.
2.
Time Limitations. Grievances must be filed with the HR Director
within ten (10) working days from the date of the alleged action (the
time limit may be extended to ninety (90) days upon showing by the
grievant that he/she did not or could not know of the alleged harm).
An employee may file a grievance, without fear of jeopardizing their
position, chances for promotion or salary advancement. Paperwork associated
with filing a grievance must be completed outside of scheduled working
hours. All documentation from the entire process will be maintained
in a single file.
3.
Procedure.
a.
Within ten (10) working days after the written grievance has
been submitted, the HR Director will meet with the employee to discuss
the grievance and what action, if any, should be taken. The HR Director
will issue a written response within five (5) business days of the
meeting.
b.
Should the HR Director's response not resolve the grievance,
the employee may, within five (5) working days after receiving the
report, request, in writing, a review by the Mayor. The Mayor will
arrange for a review of the situation within fifteen (15) working
days from the date of the request. Any decision of the Mayor will
be final.
4.
For any grievance involving the HR Director (or, City Clerk), the grievance procedure under this Subsection (I) shall substitute the Mayor for the HR Director.
5.
Grievance Records. In keeping with this Personnel Policy and Article III of Chapter 110, records pertaining to employee grievances are kept as confidential as possible and shall be deemed closed records pursuant to Section 110.150(A)(3) of the Twin Oaks Municipal Code and Section 610.021(3), RSMo. However, the identity of the person filing the grievance will usually by necessity be revealed to the respondent and witnesses. Retaliation against anyone availing themselves of the grievance procedures will not be tolerated.
6.
The grievance procedure set forth herein shall not be available
after termination of employment nor available to former employees.
[Ord. No. 21-4, 3-17-2021; Ord. No. 21-15, 9-1-2021]
A.
The City will make every effort to provide a drug free workplace.
Drug abuse in the workplace presents unacceptable dangers to our employees
and the integrity of the City. The City reserves the right to routinely
test employees for drug abuse as a condition of continuing employment
when reasonable grounds to suspect substance abuse exist.
B.
"Reasonable grounds to suspect substance abuse exists" is defined
as suspicion based on personal observation by the HR Director of an
employee's appearance, behavior, speech, or breath odor.
C.
Any employee involved in an injury or non-injury accident during
scheduled business hours may be required to submit to a drug test.
Failure to comply with this request for drug test will subject such
employee to disciplinary action up to and including discharge.
D.
All current and future employees will be required to acknowledge
receipt of a copy of this policy and comply with its provisions. A
copy of the substance abuse policy will be permanently posted in the
City office.
[Ord. No. 21-4, 3-17-2021; Ord. No. 21-15, 9-1-2021]
A.
This manual sets forth policies which concern your employment. It
has been and continues to be our practice to follow these policies
and treat employees fairly. From time to time, there will be revisions
to this manual and you will be notified of these changes. Exceptions
to these policies must be approved by the Board of Aldermen.
B.
It is necessary for us to make clear that this manual is not part
of a contract and no employee has any contractual right to the matters
set forth in this manual. Your employment is "at will." You are free
to voluntarily sever your employment. The City retains the right to
terminate employment with or without cause, as it deems necessary.
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ACKNOWLEDGMENT
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I, ________________________________________, an employee of
the City of Twin Oaks, Missouri, hereby certify that I have received
and read a copy of the City's Personnel Policies and Procedures Manual,
including those policies dealing with Confidential Information and
Substance Abuse.
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I further certify that I understand the importance of: (1) safeguarding
all confidential information that I encounter; (2) maintaining a drug
free workplace; and (3) the consequences should I violate either policy
in this regard.
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X
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Employee Signature
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Date
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X
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Employer Signature
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Date
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