Cross Reference — As to no smoking regulations, ch.
217.
[CC 1988 §23.010; Ord. No. 746 §1, 4-1-1991; Ord. No. 851 §1, 1-4-1993; Ord.
No. 1615 §1, 6-18-2001; Ord. No. 3427 §1, 7-6-2015; Ord. No. 4428, 10-17-2022]
A. Application. Under the authority of the Board of Aldermen to establish
policy for the effective, efficient and ethical operation of a personnel
system for the employees of the City of Lake Saint Louis, the rules
and regulations contained hereunder shall serve as the governing policies
for all City employees.
B. Administration. The policies and procedures shall be administered
by the City Administrator or his/her designated representatives upon
approval or amendment by the Board of Aldermen.
C. Administrative Directives. The City Administrator may supplement
this personnel manual as he/she feels necessary by issuing administrative
directives concerning all aspects of City employment, duties, personnel
regulations, etcetera. Any administrative directive dealing with personnel
practices, requirements or regulations shall be considered a part
of this manual and will supersede any conflicting part of the manual.
D. Revision. This Code shall be subject to revision at any time. Any
and all revisions shall be forwarded to employees upon the effective
date of such revisions.
E. Departmental Rules And Regulations. Any departmental rules and regulations
shall not conflict with the provision of these policies.
F. Equal Opportunity Employer. The City of Lake Saint Louis is an equal
opportunity employer, and it is the policy of the City to provide
equal employment opportunities to applicants and employees solely
on the basis of merit and without regard to factors such as race,
religion, national origin, political affiliation, age, sex, sexual
orientation, gender identity, disability, or other classifications
identified and protected by applicable Federal, State, or local law.
G. Disclaimer.
1.
This benefits summary and personnel manual is not intended to
create a contract of employment. Rather, it is simply intended to
describe the City of Lake Saint Louis and its present policies and
procedures. These policies and procedures, which supersede all prior
policies and procedures, may and likely will be changed from time
to time as the City of Lake Saint Louis deems appropriate. Further,
your employment and compensation can be terminated, with or without
cause, and with or without notice, at any time at the option of the
City of Lake Saint Louis. An employment-at-will relationship exists
between the City and its employees.
2.
No one has the authority to make verbal statements of any kind
which are legally binding on the City of Lake Saint Louis.
[CC 1988 §23.100; Ord. No. 746 §1, 4-1-1991; Ord. No. 851 §1, 1-4-1993; Ord.
No. 1176 §1, 4-21-1997; Ord. No. 1512 §2, 6-5-2000; Ord.
No. 3307 §§1 — 2, 8-18-2014; Ord. No. 3427 §1, 7-6-2015; Ord. No. 3694 § 1, 6-5-2017; Ord. No. 4428, 10-17-2022]
A. Recruitment And Appointments. The City shall recruit applicants to
positions without regard to race, creed, national origin, religion,
sex, sexual orientation, gender identity, age, disability or political
affiliation. Appointments to all positions of employment with the
City shall be made upon the basis of merit. Education, experience,
physical condition and acquired skills shall form the foundations
of comparisons of applicant qualifications.
B. Affirmative Action. The City will, to the best of its ability, hire
and promote in such a manner as to assure equal employment opportunities
to minorities, women and the disadvantaged.
C. Appointing Authority.
1.
The City Administrator has the authority to appoint, promote
or remove from service all employees of the City, except as otherwise
provided by law and City ordinances.
2.
At the discretion of the City Administrator, department heads
may screen applicants, test, conduct the interviews and recommend
to the City Administrator a candidate for the open position.
D. Position Classification And Pay Plans. City executive and administration
personnel shall initiate action to develop comprehensive position
classifications and pay plans for all regular employees filling permanent
positions.
E. Pay Rates And Job Classification. Pay rates and job classifications
for all employees, except for appointed officials, shall be determined
by the City Administrator on an annual basis.
F. Employment Physical. Employment may be contingent on a successful
physical examination and drug screening test, at City expense. The
location and doctor for this physical shall be designated by the City.
G. Driver's License Requirements. All job applicants are required to
have and maintain a valid Missouri driver's license if the position
requires use of a motor vehicle. In addition, employees who are required
to operate commercial vehicles shall be required to have and maintain
appropriate commercial driver's license in accordance with State law.
I. Relatives In City Service.
[Ord. No. 4558, 9-18-2023]
1.
The hiring of persons who are immediate family members of City
Officials is prohibited for permanent part-time or full-time positions.
2.
Definitions. As used in this Section, the following terms shall
have the meanings indicated:
IMMEDIATE FAMILY MEMBER
Spouse; children (including stepchildren); parents and siblings
and the respective in-laws; stepparent; and uncle, aunt, nephew and
niece.
3.
If two (2) employees become married to each other or become
otherwise related as immediate family members, they may continue to
be employed by the City, provided that neither position has direct
or indirect supervision over the other position, there are no special
scheduling requirements, and the relationship does not create any
job performance problems. If any problems occur that are attributable
to the relationship, appropriate action will be taken, including possible
disciplinary action and/or termination of one (1) of the individuals.
4.
If a supervisory relationship does exist or other potential
work-related problems are identified prior to marriage between employees,
transfer to other departments may be considered, if available. Employees
must be qualified, and a vacancy must already exist to accommodate
such a transfer. The transfer shall be made as soon as a change can
be effected, but in no event shall such a situation exceed ninety
(90) days. If such transfer of one (1) of the employees cannot be
accomplished for whatever reason within ninety (90) days of the marriage,
one (1) of the employees, as determined by the department head in
consultation with the affected employees, must resign his/her employment,
or shall be terminated from employment on the basis of such factors
as criticality of position and past job performance.
5. Under no circumstance shall any employee of the City be involved
in the supervision, hiring, termination, discipline, promotion, or
performance evaluation of another employee of the City who is an immediate
family member. No immediate family to any City employee may be employed
in the same department.
J. Nepotism.
1.
Any public officer or employee who by virtue of his/her office
or employment names or appoints to a City office or position, whether
compensated or not, any relative within the fourth degree of consanguinity
(blood) or affinity (marriage) shall forfeit his/her office or employment.
2.
Any "public officer" is defined as anyone who is elected or
appointed who is vested with some portion of the sovereign power of
the City whether compensated or not.
3.
"Public employee" is defined as anyone who is paid with public
funds or who performs services for a public entity (whether full-
or part-time) who does not qualify as an independent contractor.
[CC 1988 §23.110; Ord. No. 746 §1, 4-1-1991; Ord. No. 2982 §1, 6-20-2011; Ord.
No. 3306 §§1 — 2, 8-18-2014; Ord. No. 4428, 10-17-2022]
A. Objective. The probationary working period shall be regarded as an
integral part of the examination process and shall be utilized for
closely observing newly appointed or promoted employee's work, for
securing the most effective adjustment of a new employee to their
position, and for rejecting any employee whose performance does not
meet the required work standards.
B. Duration.
1.
General Employees.
a.
The probationary period for general employees, whether originally
appointed or promoted, shall be a minimum period of six (6) months
and may be extended at the discretion of the department head with
the approval of the City Administrator. A general employee on probation,
who is transferred to a new position or is promoted, shall begin a
new six (6) month period of probation for that position upon assuming
the new position. However, a transfer or promotion alone will not
affect an employee's use of entitled leaves.
b.
Upon recommendation of the department head and with the approval
of the City Administrator, an employee may be removed from probation
earlier than six (6) months but not sooner than three (3) months.
A copy of this recommendation must be filed with the Finance Director
upon approval from the City Administrator.
2.
Public Safety Employees.
a.
The probationary period for Police Officers who do not possess
appropriate certification at the time of appointment, and are required
to attend formal instruction to attain the necessary certification
to perform the requirements of the position, shall serve a minimum
probationary period of six (6) months and a maximum of twelve (12)
months from the date of initial appointment.
b.
Police Officers possessing the required certification at the
time of their employment shall serve a minimum probation period of
six (6) months. All public safety employees who are transferred to
a new position or are appointed to a higher position within the respective
services shall serve a probationary period of not less than six (6)
months. However, a transfer or promotion alone will not affect an
employee's use of entitled leaves.
c.
Upon recommendation of the department head and with approval
of the City Administrator, those employees who are serving a six (6)
month probationary period may be removed from probation earlier than
the six (6) months but not sooner than three (3) months. A copy of
this recommendation must be filed with the Finance Director upon approval
from the City Administrator.
C. Regular Full-Time Status. Only upon written recommendation by the
appointing authority and approval by the City Administrator shall
an employee be granted regular full-time status in the municipal service.
D. Salary Increase During Probationary Period. Employees shall not be
eligible for a merit salary increase until they have satisfactorily
completed their respective probationary periods. Employees are eligible
for cost-of-living adjustments during their probationary period.
E. Release During Probationary Period. At any time prior to recommendation
and approval for regular full-time status, an employee may be released
by the appointing authority with approval of the City Administrator.
Notice of release shall be in writing and shall be served on the employee.
A copy of such notice shall be filed with the Finance Director. An
employee who is released and/or dismissed during the probationary
period or the extended probationary period shall not have the right
to appeal to the Personnel Board.
F. Rejection Following Promotion. Any employee who fails to qualify
during a probationary period following a promotional appointment shall
be reinstated to his/her former position if such position has not
been filled. If the position has been filled and there does not exist
a vacancy in a position for which they are qualified, the employee
shall be put on an eligibility list for the position they previously
held or for a new position for which they would qualify.
G. Extended Sick Leave During Probationary Period. Extended sick leave
shall be earned and accrued by the probationary permanent employees
and available for use.
H. Paid Time Off (PTO) Leave During Probationary Period. PTO shall be
earned by new permanent employees during the probationary period but
will only be available for use by the employee for an illness to the
employee or the employee's immediate family until this period has
been successfully completed. If the new employee does not complete
this probationary period, no PTO for that period shall be credited
to him/her. During the probationary period, employees must first use
accrued comp time before using accrued PTO. Employees who depart their
employment prior to completing probation will be paid for any accrued
but unused comp time but will not be paid for accrued but unused PTO.
[CC 1988 §23.120; Ord. No. 746 §1, 4-1-1991; Ord. No. 880 §1, 5-17-1993; Ord.
No. 1232 §1, 10-20-1997; Ord. No. 2359 §1, 11-6-2006; Ord.
No. 4219, 4-19-2021; Ord. No. 4428, 10-17-2022]
A. Work Schedules. Work schedules may vary according to the needs of
each department and shall comply with the Fair Labor Standards Act
(FLSA) and the Missouri Minimum Wage Law (MMWL) and all other applicable
State and Federal laws. The work schedule for each employee shall
be established by the department head, subject to approval by the
City Administrator.
B. Absent Or Late For Work. If an employee must be late for work or
absent, it is his/her responsibility to notify his/her immediate supervisor
or department head in accordance with departmental policies and procedures.
C. Overtime Notice. Employees required to work overtime shall be given
as much advance notice as is reasonably possible.
D. Work Hours.
1.
Police Officers. All full-time Police Officers for the City
of Lake Saint Louis shall work a twenty-eight (28) day work period
consisting of a maximum of one hundred seventy-one (171) hours before
overtime pay is computed. Police Officers will be paid with comp time
computed at straight time for each hour worked between one hundred
sixty (160) and one hundred seventy-one (171) hours. All hours spent
in court or dispatching between one hundred sixty (160) and one hundred
seventy-one (171) hours in the total worked hours reaching between
one hundred sixty (160) and one hundred seventy-one (171) will be
paid cash at straight time for these hours. Any Police Officer working
in excess of one hundred seventy-one (171) hours in a one (1) twenty-eight
(28) day work period will be paid overtime at the rate of time-one-and-a-half
(1 1/2) times his/her normal rate of pay.
2.
This work period will cover two (2) pay periods. Overtime hours
will be paid at the completion of each twenty-eight (28) day work
period.
3.
All hours in excess of one hundred sixty (160) hours in a twenty-eight
(28) day work period must be authorized in advanced by the department
head.
4.
Accrued comp time should be used as soon after it is earned
as possible and should not be carried beyond the end of each fiscal
year (June 30).
5.
All Other Employees. All other employees of the City of Lake
Saint Louis will be paid one and one-half (1 1/2) times their
normal rate of pay for all hours in excess of forty (40) hours per
week as established by the Fair Labor Standards Act.
6.
Holiday Pay Calculated. Police Officers and Dispatchers shall
be paid one and one-half (1 1/2) times their normal rate of pay
for all hours worked on a City holiday. Hours worked shall include
all hours worked measured from the time the employee's shift begins
on a holiday until the completion of their shift.
E. On-Call Duty — Public Works Employees.
1.
One (1) public works employee is required to be on-call for
emergencies throughout the year. This duty shall be for a period of
one (1) week per employee on a rotating schedule. Employees may volunteer
for this duty; should no one volunteer, this duty may be assigned
by the Public Works Director.
2.
The employee that is assigned to "on-call" duty shall carry
a pager for that week and is free to follow his/her own private pursuits
subject only to the requirement that he/she remain sober, remain within
the pager's range, and respond to pager calls.
3.
The "on-call" employee will be notified of any emergency by
the police dispatcher who will use a weekly pager assignment schedule
provided by the Public Works Director. Should the assigned "on-call"
employee not respond to the police dispatch center in person or by
telephone within ten (10) minutes of being paged, the dispatcher shall
call the next employee listed on the schedule. In addition, the "on-call"
employee must respond in person within one (1) hour of being paged.
4.
A pager assignment schedule shall be provided to the Finance
Director no later than the first day of each month and shall list
the employees assigned to "on-call" duty, by week, for the entire
month.
5.
The employee assigned to "on-call" duty will be compensated
at a weekly rate set by the City Administrator. The employee assigned
to "on-call" duty will be responsible to find a replacement employee
should he/she be unavailable at any time during his/her assigned "on-call"
week. The assigned "on-call" employee is responsible for compensating
the replacement employee at the daily rate, to be determined by the
City Administrator, each day that a replacement employee is used.
6.
Two (2) hours minimum overtime pay [at one and one-half (1 1/2)
times the regular hourly rate of pay] will be paid for all emergency
calls.
7.
No employee shall respond to "on-call" duty if he/she has consumed
any alcohol during the previous eight (8) hours.
8.
Any employee who fails to respond or make arrangements for a
replacement during his/her "on-call" duty will be subject to disciplinary
action as set forth in this Chapter.
9.
"On-call" employees who feel additional manpower is needed to
respond to an emergency are to contact the Public Works Director or
foreman for guidance on how to proceed.
10.
The employee who is assigned to "on-call" duty will be responsible
for the pager and will be held responsible should it become lost,
damaged or stolen while in his/her care.
[CC 1988 §23.130; Ord. No. 746 §1, 4-1-1991; Ord. No. 912 §1, 11-15-1993; Ord. No. 2359 §1, 11-6-2006; Ord. No. 2982 §1, 6-20-2011; Ord.
No. 4428, 10-17-2022]
A. Workweek. The workweek for all City employees shall commence at 12:01
A.M. Monday of each workweek. All employees shall be paid every two
(2) weeks.
B. Time Sheets.
1.
The pay for hourly employees and all other employees who claim
overtime, holiday or other special pay shall be clearly designated
on time sheets provided by the Finance Director. All work time claimed
shall be verified and signed by the employee, verified by the department
head and signed and given to the Finance Director.
2.
The time sheets shall verify the time worked, time off with
authorization, and all unexcused absences. Each department head shall
submit their hours worked on forms provided by the Finance Director.
These forms shall verify hours worked, sick hours used, ESL hours
used, and PTO hours used. No employee is authorized to work overtime
off the clock, and no one has the authority to instruct an employee
not to record overtime hours worked.
[CC 1988 §23.131; Ord. No. 746 §1, 4-1-1991; Ord. No. 1553 §1, 11-20-2000; Ord. No. 2359 §1, 11-6-2006; Ord. No. 2884 §1, 8-16-2010; Ord.
No. 2982 §1, 6-20-2011; Ord. No. 4219, 4-19-2021; Ord. No. 4428, 10-17-2022]
A. Overtime is based on hours worked in excess of forty (40) hours in a seven (7) day standard workweek. Different overtime provisions apply to Police Officers and are addressed in Section
117.040(D). For the purpose of computing overtime, hours worked shall include hours actually worked on the City's behalf, and any hours actually worked on a City holiday. Other time off, including sick pay, holiday pay, ESL pay, PTO pay and compensatory (comp) time off, is not considered hours worked for the purpose of calculating overtime. Overtime will be paid at one and one-half (1 1/2) times an employee's regular pay.
B. Hours worked in excess of a standard workweek by employees shall
be compensated by overtime payment at one and one-half (1 1/2)
times their straight hourly rate or by comp time off as determined
by the department head with written authorization by the City Administrator.
The employee's department head shall be responsible for notifying
the Finance Director of any compensatory time earned for each pay
period.
C. Compensatory time is compensation for overtime earned which is paid
in the form of one and one-half (1 1/2) hours off with pay for
each one (1) hour of overtime earned.
D. No employee shall be permitted to accumulate and/or retain more than
forty (40) hours of compensatory time. Any overtime work, which will
result in the accumulation of compensatory time in excess of the forty
(40) hour limit, shall be compensated with overtime pay. Employees
are encouraged to take accrued compensatory time off as workload allows
in order to minimize compensatory time balances. All employee comp
time shall be expended by the last day of the fiscal year unless there
is written authorization by the City Administrator allowing said compensatory
time to carry over into the next fiscal year.
[Ord. No. 4528, 7-17-2023]
E. Upon termination of employment, any employee who has accumulated
compensatory time off shall be paid for unused time at his/her final
rate of pay.
F. Exempt employees shall not accrue compensatory time nor be paid for
overtime worked.
G. If a full-time permanent employee is called back to work a non-scheduled
shift by their supervisor without receiving twenty-four (24) hour
notice for an emergency, those hours worked shall be compensated by
overtime payment at one and one-half (1 1/2) times their straight
hourly rate. For purposes of this Section, an "emergency" is defined
to mean a status authorized by a department head.
H. Working overtime without authorization may result in disciplinary
action up to and including termination of employment.
[CC 1988 §23.140; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
Under no conditions will it be the policy of the City to make
payroll advances, except in emergency situations as approved by the
City Administrator.
[CC 1988 §23.150; Ord. No. 746 §1, 4-1-1991; Ord. No. 2982 §1, 6-20-2011; Ord.
No. 4428, 10-17-2022]
A. Separation With Notice. Upon separation from City employment within
two (2) weeks' advance notice, a regular employee will be paid any
salary earned, overtime, holiday time and PTO leave (if not on probation).
B. Separation Without Notice. If an employee voluntarily terminates
employment without giving advance notice of two (2) weeks, accumulated
PTO shall not be paid to the employee, unless otherwise authorized
by the City Administrator.
C. Final Paycheck If Indebted To City. The final paycheck due any officer
or employee who may be indebted to the City shall be issued upon separation,
less any deductions for amounts owed to the City, including, but not
limited to, the cost of any unreturned, City-owned equipment or clothing.
[CC 1988 §23.160; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
A. Purpose.
1.
The purpose of employee performance evaluations is twofold.
The primary purpose of the evaluation is developmental in nature with
the emphasis being on developing the potential of the evaluated employee
so that both organizational goals and the employee's personal career
goals can be met. While supervisors are expected on a regular basis
to give employees feedback on their performance, the formal performance
evaluation should be viewed by both the supervisor and employee as
a time for clearly communicating job expectations and an assessment
of the employee's performance in measuring up to these expectations.
2.
A secondary function of employee performance evaluations is
administrative, the results of which shall be considered in determining
salary increases and decreases within the limits fixed by the City
Administrator and as a factor in determining the promotion, demotion,
transfer or dismissal of an employee.
B. Policy.
1.
It is the policy of the City to evaluate each employee at least
once each year, in January, after the successful completion of the
probationary period. Probationary employees shall be evaluated at
the end of each three (3) month period.
2.
Performance evaluations shall be conducted by supervisors at
least annually and such evaluations shall be reviewed with each employee.
3.
Performance evaluations shall be conducted on forms provided
by the City Administrator, signed by the supervisor and employee,
and filed in the employee's personnel file.
4.
The employee's signature on the performance evaluation instrument
is not to be construed as agreement with the supervisor's ratings.
The signature merely signifies that the employee has reviewed the
evaluation and discussed it with the supervisor.
[CC 1988 §23.170; Ord. No. 746 §1, 4-1-1991; Ord. No. 3828, 3-19-2018; Ord. No. 4428, 10-17-2022]
City employees shall not be appointed or retained on the basis
of their political activities. No City employee shall actively advocate
or oppose the candidacy of any individual for nomination or election
to any City of Lake Saint Louis office, but an employee may participate
in political affairs at other levels of government, provided such
participation does not adversely affect his/her performance as a City
employee. Employees may exercise their right to vote in City elections
but shall not engage in or participate in any other way in any Lake
Saint Louis public official election. Failure to comply with these
provisions is grounds for immediate dismissal. This Section shall
not apply to any first responder while off duty and not in uniform.
[CC 1988 §23.200; Ord. No. 746 §1, 4-1-1991; Ord. No. 880 §1, 5-17-1993; Ord No. 1176 §1, 4-21-97; Ord. No. 3307 §§1 —
2, 8-18-2014; Ord. No. 4428, 10-17-2022]
A. Report To Work On Time. It is expected that employees shall report
to work on time, use their available working hours to the best advantage
of the City, and leave only after their regular working hours.
B. Employee Actions.
1.
The actions of employees of the City reflect not only upon the
employee but also on the whole organization. Pride in the community
and the work performed is encouraged. Each employee should act in
a respectful, professional and responsible fashion so as to be as
much above criticism as is possible given the circumstances.
2.
All requests on the part of City personnel for donations of
money, goods or services for the benefit of the City, one (1) of its
departments, boards or volunteer organizations shall be referred to
the City Administrator prior to making any such requests. The City
Administrator shall make a determination as to whether or not said
solicitation shall proceed, and whether or not said solicitation should
be approved by the Board of Aldermen.
3.
All selling or soliciting of goods, services or money by City
employees intended to benefit the City must be approved by the City
Administrator in advance of such activity.
4.
Employees shall follow the ICMA Code of Ethics, which are posted
in City Hall, to the best of their ability.
5.
Employees shall not engage in any conduct which impairs their
ability to perform their official duties or causes the City to be
brought into dispute.
6.
Employees shall be neat not only in appearance but in their
surroundings, and shall keep their place of work as neat as possible.
7.
City employees shall uphold the Constitution of the United States
of America and of the State of Missouri and the ordinances of the
City of Lake Saint Louis and all other State and City laws.
8.
City employees shall make no private promises of any kind binding
upon the duties of the office since a government employee has no private
word which can be binding on public entity.
9.
City employees shall expose corruption wherever discovered.
10.
A City employee in his/her official capacity shall not assist
in the sale of any goods or services by permitting his/her endorsement
of said goods or services to be used for advertising purposes.
11.
Employees shall be held financially responsible for damages
or losses due to their negligence.
C. Courtesy.
1.
City employees shall be courteous to the public. Employees shall
be tactful in the performance of their duties, shall control their
tempers and exercise the utmost patience and discretion, shall not
engage in argumentative discussion even in the face of extreme provocation.
In the performance of their duties, employees shall not use coarse,
violent, profane or insolent language and should not express any prejudice
concerning race, religion, politics, national origin, lifestyle or
similar personal characteristics.
2.
Notwithstanding the above, no employee shall be expected to
withstand abuse, discrimination or unreasonable provocation. In the
event of such a situation, the employee is strongly urged to retreat
and report the incident to his/her immediate supervisor for resolution.
D. Dating/Personal Relationships.
1.
The City forbids supervisory/management personnel from entering
into a dating relationship with any employee whom he or she supervises.
This policy applies to all employees without regard to the gender
or sexual orientation of the individuals involved.
2.
Employees are encouraged to keep all aspects of personal relationships
with any coworker out of the workplace. Work-related problems that
occur, in full or in part, due to personal relationships between coworkers
will be dealt with just as any performance issue. If the performance
problem is not corrected, one (1) or both of the employees may be
terminated from employment if the City Administrator determines this
to be in the best interest of the City.
[CC 1988 §23.210; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
All employees are expected to dress appropriately for their
required duties. Cleanliness and good grooming is expected of all
personnel. Departments requiring uniforms shall establish their own
proper dress code to supplement overall appearance requirements of
the City. A department director may require an employee to leave his/her
job without pay when the attire or the employee's general appearance
is considered inconsistent with departmental policy. City uniforms
shall not be worn when the employee is off duty unless authorized
by the department head or City Administrator.
[CC 1988 §23.220; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
Coffee breaks and other interludes in the work schedule are
a privilege rather than a right. Under normal circumstances one (1)
coffee break within each four (4) hours of work will be assumed reasonable.
However, during emergencies such breaks may not be permitted. Whenever
it becomes clear an employee or group of employees abuse the coffee
break privilege, the City Administrator may take action to restrict
the number, amount of time or location of such breaks.
[CC 1988 §23.240; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
A. Employees shall arrange and conduct their personal financial affairs
so that creditors and collection agencies will not have to make use
of the offices of the City for purpose of making collections.
B. The City shall not become actively involved in a non-adjudicated
claim of indebtedness posed by an employee's creditor. In the event
that a creditor has obtained a court judgment against a City employee
relative to a garnishment or wage assignment, the City shall comply
with such judgment.
C. The City will use payroll deductions to obtain reimbursement for
any money owed to the City for goods or services provided by the City
to the employee. Such reimbursements include, but are not limited
to, tuition assistance, uniforms and equipment, use of City facilities,
etc.
[CC 1988 §23.250; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
Reporting to work in a drugged or intoxicated condition, consuming
intoxicating beverages or drugs on the job, or having alcoholic beverages
or drugs concealed on City property are prohibited actions.
[CC 1988 §23.260; Ord. No. 746 §1, 4-1-1991; Ord. No. 2201 §1, 8-15-2005; Ord.
No. 4428, 10-17-2022]
A. Equipment And Supplies. Equipment and supplies purchased with City
funds, or provided by other governments, shall be used exclusively
for public purposes. Employees shall not use or permit the use of
City-owned or controlled property for private gain or advantage.
B. Vehicles.
1.
City-owned vehicles, other than Police Department vehicles,
are generally available to employees to facilitate performing job-related
duties and shall be used for official business whenever possible and
practical. City employees are expected to use City-owned automobiles
solely for that purpose. City vehicles may not be used for personal
purposes unless specifically pre-authorized by the City Administrator.
The employee using the vehicle is responsible for tracking mileage
related to personal use and turning that mileage into Finance. When
an employee is "on call," it is that employee's responsibility to
report personal use mileage to Finance.
2.
Members of an employee's family or unauthorized personnel are
not permitted to drive City-owned vehicles.
3.
Police Department vehicles shall be used when performing City
duties and in accordance with written policies established by the
Chief.
4.
All policies in regard to the use of City-owned vehicles must
comply with current IRS regulations as they apply to employer-provided
vehicles.
5.
Any questions concerning the current IRS regulations should
be directed to the Finance Director.
[CC 1988 §23.265; Ord. No. 783 §§1 — 2, 12-16-1991; Ord. No. 1095 §1, 6-3-1996; Ord. No. 4428, 10-17-2022]
A. General.
1.
Harassment will not be tolerated by the City of Lake Saint Louis,
Missouri.
2.
This harassment policy applies to all officers and employees
of the City of Lake Saint Louis, including, but not limited to, full-
and part-time employees, elected officials, appointed officials, permanent
and temporary employees, and employees working under contract for
the City.
3.
Every employee shall be required to acknowledge his/her receipt
of this policy in writing. A copy of that acknowledgement shall be
kept on file in the City. Department heads and supervisors shall also
be responsible for insuring that all employees under their direction
are familiar with this policy.
B. Sexual Harassment.
1.
Sexual harassment is unwelcome conduct which may include pinching,
grabbing, patting, propositioning, making either explicit or implied
job threats or promises in return for or submission to sexual favors,
making inappropriate sex-orientated comments on appearance, including
dress or physical features, telling embarrassing sex-oriented stories,
displaying sexually explicit or pornographic material, no matter how
it is displayed, or sexual assaults by supervisors, employees, or
non-employees when any of the foregoing unwelcome conduct affects
employment, makes the job environment hostile or distracting, or unreasonably
interferes with work performance.
2.
Sexual harassment is behavior with sexual content or overtones
that is unwelcome and offensive. It can consist of sexually oriented
"kidding" or jokes, physical contact such as patting, pinching or
purposely rubbing up against another person's body, demands or requests
for sexual favors tied to promise of better treatment or threats concerning
employment, discriminating against an employee for refusing to "give
in" to demands or requests for sexual favors, or offering favors to
one (1) in return for sexual favors.
3.
The definition of sexual harassment includes conduct directed
by men toward women, men toward men, women toward men, and women toward
women.
C. Harassment.
1.
The City of Lake Saint Louis is committed to courteous and considerate
treatment of its employees at all times as an accepted standard of
behavior. Consequently, we are committed to a work atmosphere that
is free of tension caused by any form of conduct that results in any
level of physical or mental harassment, including, but not limited
to, animosity engendered by inappropriate religious, racial or sexual
conduct or comments.
2.
Any form of harassment related to race, color, sex, sexual orientation,
gender identity, religion, national origin, age, citizenship status,
disability, or any other status protected by applicable law is a violation
of this policy and will be treated as a disciplinary matter. For these
purposes, the term harassment includes, but is not limited to, slurs,
jokes, other verbal, graphic, or any physical conduct relating to
an individual's race, color, sex, sexual orientation, gender identity,
religion, national origin, age, citizenship status, disability, or
any other status protected by applicable law. The harassment of others
will not be tolerated. In particular, an atmosphere of tension created
by ethnic or religious remarks or animosity, unwelcome sexual advances,
requests for sexual favors or other conduct of a sexual nature does
not belong in our workplace.
3.
Harassment includes any form of behavior that ridicules, intimidates,
hurts, damages property, or frightens another. It can consist of "kidding,"
jokes, or making inappropriate comments on one's appearance, including
dress and physical features.
4.
When any verbal or physical conduct unreasonably interferes
with any individual's work performance or creates a physically or
mentally intimidating, hostile or offensive work environment, we urge
the offended individual to notify his/her department head or the City
Administrator so that he/she may have an opportunity to investigate
and deal with the problem. All inquiries will be held in the utmost
confidence, but the matter will be investigated and dealt with expeditiously.
D. Making Harassment Complaints.
1.
Any employee who feels he/she is subjected to harassment should
immediately contact one (1) of the persons below with whom the employee
feel the most comfortable. Complaints may be made orally or in writing
to:
a.
The employee's immediate supervisor.
b.
The employee's department head.
2.
Employees have the right to circumvent the normal employee chain
of command in selecting a person to whom to make a complaint of harassment.
3.
The employee should be prepared to provide the following information:
a.
Complainant's name, department, and position title.
b.
The name of the person(s) committing the harassment, including
their title if known.
c.
The specific nature of the harassment, how long it has gone
on, specific dates and times of incident if possible, and any employment
action (demotion, failure to promote, dismissal, refusal to hire,
transfer, etc.) taken against you as a result of the harassment.
d.
Witnesses to the harassment, if any.
e.
Whether you have previously reported this incident of harassment
and, if so, when and to whom.
E. Reporting And Investigation Of Harassment Complaints.
1.
The City Administrator is the person designated by the City
to be the investigator of complaints of harassment. The City Administrator
may delegate the investigation to another City employee at his/her
discretion or to an outside investigator, where appropriate. In the
event the harassment complaint is against the City Administrator,
the investigator shall be a municipal employee appointed by the Mayor.
2.
When an allegation of harassment is made by any employee, the
person to whom the complaint is made shall immediately prepare a written
report of the complaint and submit it to the City Administrator or,
in the event the harassment complaint is against the City administrator,
to the Mayor. The investigator shall make and keep a written record
of the investigation, including notes of verbal responses made to
the investigator by the person complaining of harassment, witnesses
interviewed during the investigation, the person against whom the
complaint of harassment was made, and any other person contacted by
the investigator in connection with the investigation. The notes shall
be made at the time the verbal interview is in progress.
3.
The City Administrator shall, within a reasonable time, no later
than thirty (30) days from the date the incident is reported (unless
legitimate circumstances prevent otherwise) determine whether the
conduct of the person against whom a complaint of harassment has been
made constitutes harassment. In making that determination, the City
Administrator shall look at the record as a whole and at the totality
of circumstances, including the nature of the conduct in question,
the context in which the conduct, if any, occurred, and the conduct
of the person complaining of harassment. The determination of whether
harassment occurred will be made on a case-by-case basis.
4.
If the City Administrator determines that the complaint of harassment is founded, he/she shall take immediate and appropriate disciplinary action against the employee found guilty of harassment, consistent with his/her authority outlined in Section
117.480.
5.
The disciplinary action shall be consistent with the nature
and severity of the offense and any other factors the City Administrator
believes are necessary in fostering equality and efficiency in the
administration of the City, including, but not limited to, the effect
of the offense on employee morale, public perception of the offense,
and the light in which it casts the City. The disciplinary action
may include demotion, suspension, dismissal, warning or reprimand.
A determination of the level of disciplinary action shall also be
made on a case-by-case basis.
6.
A written record of disciplinary action taken shall be kept,
including verbal reprimands.
7.
In any event an employee found guilty of harassment shall be
instructed not to retaliate in any way against the person making the
complaint of harassment or to witnesses or any other person (s) connected
with the investigation of the complaint of harassment.
F. Against The City Administrator. Upon receipt of a report on the investigation of a complaint of harassment against the City Administrator, the Mayor shall present the report to the Board of Aldermen. If the Board of Aldermen determines that the complaint of harassment is founded, it shall discipline the City Administrator consistent with its authority under Section
117.480.
G. Against An Elected Official. Upon receipt of a report on the investigation
of a complaint of harassment against an elected official, the Board
of Aldermen shall discipline an elected official in whatever manner
it deems appropriate, consistent with its authority under State law.
H. Harassment Committed By Non-Employees. In cases of harassment committed
by a non-employee against a City employee in the workplace, the City
Administrator shall take all lawful steps to insure that the harassment
is brought to an immediate end.
I. Obligation Of Employees.
1.
Employees are not only encouraged to report instances of harassment,
they are morally obligated to report such harassment in a timely manner.
Harassment increases the City's liability exposure and it is the duty
of each employee to reduce the City's exposure.
2.
Employees are obligated to cooperate in every investigation
of harassment, including, but not necessarily limited to, coming forward
with evidence, both favorable and unfavorable, to a person accused
of harassment, fully and truthfully making a written report or verbally
answering questions when required to do so by an investigator during
the course of an investigation.
3.
Employees are also obligated to refrain from filing bad faith
complaints of harassment.
4.
Disciplinary action shall also be taken against any employee
who fails or refuses to cooperate in an investigation of alleged harassment,
or who intentionally files a false complaint of harassment.
[CC 1988 §23.267; Ord. No. 1349 §1, 10-5-1998; Ord. No. 4428, 10-17-2022]
A. General Policy. The City of Lake Saint Louis is committed to providing
to employees a safe environment. The City will not tolerate acts of
violence committed by or against City employees while on City property
or while performing City business at other locations. Any such act
will be investigated and addressed in a way to prevent a reoccurrence.
The City intends to use reasonable legal, managerial, administrative
and disciplinary procedures to secure the workplace from violence
and to reasonably protect employees from harm.
B. Description Of Workplace Violence. Workplace violence in this policy
shall mean an act or behavior that:
1.
Is physically assaultive.
2.
A reasonable person would perceive as obsessively directed,
e.g., intensely focused on a grudge, grievance or romantic interest
in another person and reasonably likely to result in harm or threats
to persons or property.
3.
Consists of a communicated or reasonably perceived threat to
harm another individual.
4.
Would be interpreted by a reasonable person as carrying potential
for physical harm to the individual.
5.
Is a behavior or action that a reasonable person would perceive
as menacing.
6.
Involves carrying or displaying weapons, destroying property
or throwing objects in a manner reasonably perceived to be threatening.
7.
Consists of a communicated or reasonably perceived threat to
destroy property.
C. Making A Complaint.
1.
Any employee who feels he/she has been subjected to workplace
violence should immediately contact one (1) of the persons below with
whom the employee feels the most comfortable. Complaints may be made
orally or in writing to:
a.
The employee's immediate supervisor.
b.
The employee's department head.
2.
Employees have the right to circumvent the normal employee chain
of command in selecting a person to whom to make a complaint of workplace
violence.
3.
The employee should be prepared to provide the following information:
a.
Complainant's name, department and position title.
b.
The name of the person(s) committing the violence (including
their title if an employee of the City).
c.
The specific nature of the violence and specific date and time
of the incident.
d.
Witnesses to the incident, if any.
e.
Whether you have previously reported this incident and, if so,
when and to whom.
D. Reporting And Investigation Of Workplace Violence.
1.
The City Administrator is the person designated by the City
to be the investigator of complaints of workplace violence. The City
Administrator may delegate the investigation to another City employee
or outside investigator at his/her discretion. In the event the complaint
is against the City Administrator, the investigator shall be a municipal
employee appointed by the Mayor.
2.
When an employee makes a complaint of workplace violence, the
person to whom the complaint is made shall immediately prepare a written
report of the incident and submit it to the City Administrator or,
in the event the complaint is against the City Administrator, to the
Mayor.
3.
The City Administrator shall make and keep a written record
of the investigation, including notes of verbal responses made to
the investigator by the person complaining of workplace violence,
witnesses interviewed during the investigation, the person against
whom the complaint was made, and any other person contacted by the
investigator in connection with the investigation. The notes shall
be made at the time the verbal interview is in progress.
4.
The City Administrator shall, within a reasonable time, no later
than thirty (30) days from the date the incident is reported, determine
whether the conduct of the person against whom a complaint has been
made constitutes violence. In making that determination, the City
Administrator shall look at the record as a whole and at the totality
of circumstances, including the nature of the conduct in question,
the context in which the conduct, if any, occurred, and the conduct
of the person complaining of violence. The determination of whether
violence occurred will be made on a case-by-case basis.
5.
If the City Administrator determines that the complaint is founded,
he/she shall take immediate and appropriate action.
6.
If the complaint is against an employee, disciplinary action
shall be consistent with the nature and severity of the offense and
any other factors the City Administrator believes are necessary in
fostering equality and efficiency in the administration of the City,
including, but not limited to, the effect of the offense on employee
morale, public perception of the offense, and the light in which it
casts the City. The disciplinary action may include demotion, suspension,
dismissal, warning or reprimand. A determination of the level of disciplinary
action shall also be made on a case-by-case basis.
7.
A written record of disciplinary action taken shall be kept
in the employee's personnel file, including verbal reprimands.
8.
In any event, an employee found guilty of workplace violence
shall be instructed not to retaliate in any way against the person
making the complaint or to witnesses or any other person(s) connected
with the investigation of the complaint.
E. Complaint Against The City Administrator. Upon receipt of a complaint
against the City Administrator, the Mayor shall prepare or have prepared
a report and shall present the report to the Board of Aldermen. If
the Board of Aldermen determines that the complaint of violence is
founded, it shall discipline the City Administrator.
F. Complaint Against An Elected Official. Upon receipt of a report on
the investigation of a complaint against an elected official, the
Board of Aldermen shall discipline the elected official in whatever
manner it deems appropriate, consistent with its authority under State
law.
G. Violence Committed By Non-Employee. In cases of violence committed
by a non-employee against a City employee in the workplace, the complaint
will be investigated and addressed in a way to prevent a reoccurrence
of a violent incident.
H. Obligation Of Employee.
1.
Employees shall report all instances of workplace violence in
a timely manner.
2.
Employees are obligated to cooperate in any investigation of
violence, including, but not necessarily limited to, coming forward
with evidence, both favorable and unfavorable to a person accused
of violence, fully and truthfully making a written report or verbally
answering questions when required to do so by an investigator during
the course of an investigation.
3.
Disciplinary action shall be taken against any employee who
fails or refuses to cooperate in an investigation of alleged violence,
or who intentionally files a false complaint of workplace violence.
[CC 1988 §23.270; Ord. No. 746 §1, 4-1-1991; Ord. No. 1493 §1, 3-6-2000; Ord.
No. 2359 §1, 11-6-2006; Ord. No. 2378 §1, 11-20-2006; Ord.
No. 4428, 10-17-2022]
A. Solicitation Of Gifts Prohibited. City employees and officials are
prohibited from directly or indirectly soliciting any gifts or gratuities
from any persons doing or seeking to do business with the City. Further,
employees and officials shall not accept or receive any gifts or gratuities,
directly or indirectly, whether in the form of money, services, loans,
travel, entertainment, hospitality, things or promises or in any other
form under circumstances in which such could reasonably be expected
to influence the performance of official duties, or where it could
reasonably be presumed to be a reward for any official action.
B. Acceptable Gifts. Nevertheless, modest and customary business hospitality
and entertainment listed below may be accepted by employees and officials
without being in violation of this Section provided such gestures
are unsolicited by employees and officials and are not made in exchange
for any action or promise of specific action. This policy is not intended
to isolate employees and officials from normal social practices where
gifts among associates and friends are appropriate for certain occasions.
1.
A gift is defined as:
a.
Occasional complimentary lunches or dinners.
b.
Occasional tickets to sporting or cultural events.
c.
Entry or other associated fees for sporting activities.
d.
Modest holiday gifts of less than fifty dollars ($50.00) in
value.
e.
Occasional invitations to hospitality suites at meetings and
conventions.
Any other product, merchandise or service given as a gift other
than the above is specifically prohibited.
|
2.
A gift does not include:
a.
Campaign contributions which are reported under Chapter 130,
RSMo.
b.
Compensation from an employer, a sole proprietorship or a partnership.
c.
Coffee, donuts and similar refreshments as a normal courtesy
incidental to the conduct of a business meeting or work activity.
d.
Costs of attending events or functions in official City capacity.
C. Reporting Requirements.
1.
If the retail value of such gifts received in any calendar year
from such person, organization or corporation to an employee or official
does not exceed fifty dollars ($50.00), then the gifts may be accepted
and no reporting is required. Gifts of alcohol are strictly prohibited.
This exclusion is not meant to prohibit employees from accepting alcohol
served in a hospitality suite or special event.
2.
If the retail value of such gifts received in any calendar year
from such person, organization or corporation to an employee or official
exceeds fifty dollars ($50.00), the employee or official must notify
the City Administrator, in writing, about the gift's offer and the
City Administrator shall decide if the gift may be accepted. In the
case the City Administrator receives a gift that exceeds fifty dollars
($50.00), the City Administrator must notify the Mayor, in writing,
about the gift's offer and the Mayor shall decide if the gift may
be accepted and make a report to the Board of Aldermen about each
request. Reports required by this Section shall be considered public
records.
D. Awards. Any award given in recognition of service by a professional,
social or service organization and any food, lodging, honorariums,
registration or similar courtesies given by such organizations in
exchange for presentations or other services to the organization may
be accepted regardless of value, but shall be reported as provided
herein.
E. Non-Discrimination. Under no circumstances shall any City employee
discriminate against any individual or business or professional entity
with respect to City business on account of the failure of such individual
or entity to offer business hospitality or entertainment of the type
described hereinabove.
[CC 1988 §23.280; Ord. No. 746 §1, 4-1-1991; Ord. No. 2611 §1, 7-7-2008; Ord.
No. 4428, 10-17-2022]
A. Employees are permitted to engage in outside employment subject to
the following restrictions:
1.
Any outside employment is secondary to City employment and shall
not interfere with proper performance of City employment and shall
not bring embarrassment or criticism to their department or the City.
Employees should report to work refreshed and ready for work.
2.
No employee shall accept pay or compensation from anyone for
time during which he/she is reimbursed by the City.
3.
Employees are prohibited from working for any contractor or
company that has a contract adopted by ordinance with the City.
4.
No employee shall accept employment that requires the use of
City equipment, facilities or materials.
5.
Any doubtful case should be taken up with the City Administrator
if it may involve a conflict of interest.
6.
No employee shall accept employment while on sick or injury
leave with the City.
7.
Department heads shall be notified of any outside employment.
[CC 1988 §23.290; Ord. No. 746 §1, 4-1-1991; Ord. No. 2359 §1, 11-6-2006; Ord.
No. 4428, 10-17-2022]
A. Employee Responsibility. It is the responsibility of all City of
Lake Saint Louis employees to conduct themselves in a manner that
is safe to the employee, fellow employees and the general public.
It is an employee's duty to report to his/her supervisor or members
of the Safety Committee any condition or practice which he/she thinks
might be unsafe. Equipment which is felt to be unsafe should not be
operated and the unsafe condition should be reported immediately.
B. Safety Committee And Safety Manual. All provisions of the City of
Lake Saint Louis Safety Manual are to be followed at all times as
are any safety regulations which may be part of the department regulations.
All employees will be provided a copy of the City of Lake Saint Louis
Safety Manual upon employment and whenever it is updated. Forms acknowledging
the receipt of this manual and its updates are to be signed by all
employees and returned to the Finance Director and kept in their personnel
file. The Safety Committee shall be established by the City Administrator.
C. Personal Accidents.
1.
When an employee is injured on the job, he/she must report the
injury immediately to his/her supervisor and obtain medical assistance.
All employees of the City are covered under workers' compensation.
These benefits usually consist of compensation and all medical expenses.
As soon as possible, a report of the accident should be completed
and furnished to the Finance Director so as not to jeopardize the
injured employee's rights to workers' compensation benefits or medical
expenses. Even if the injury is slight and no lost time is involved,
a report must be made. This is necessary to protect the employee in
case a future disability results because of the injury. The workers'
compensation report shall be completed by the injured employee and/or
his/her supervisor and signed by the supervisor. The forms which are
necessary to report accidents are available in each department's office
or in the office of the Finance Director. It is the employee's responsibility
to submit all bills received to the Finance Director as soon as possible.
2.
The responsible department head will in all cases submit an
accident report to the Safety Committee describing the accident, the
probable causes, and any preventative action taken. The Safety Committee
shall review the report and make recommendations to the City Administrator.
D. Vehicle Accidents.
1.
Equipment operators involved in accidents must notify the Lake
Saint Louis Police Department immediately for investigation and report.
He/she should also notify his/her supervisor and department head.
The department head shall notify the Finance Director immediately
so that the insurance carrier may be apprised of the accident.
2.
An equipment operator involved in an accident with a City vehicle
outside the City limits must notify the appropriate Law Enforcement
Agency immediately for an investigation and report. He/she shall also
notify his/her department head and request that a copy of the accident
report be submitted to the Finance Director.
3.
The responsible department head will in all cases submit an
accident report to the Finance Director and the Safety Committee describing
the accident, the probable causes, and any preventative action taken.
The Safety Committee shall review the report and make recommendations
to the City Administrator.
E. Hazards. All employees will be alert to any conditions anywhere in
the City which may cause accidents or injury and shall report such
conditions immediately to their supervisors and the Safety Committee.
The City will promptly investigate such conditions and if it finds
the conditions unsafe, will take appropriate corrective action.
[CC 1988 §23.300; Ord. No. 746 §1, 4-1-1991; Ord. No. 2673 §1, 11-17-2008; Ord.
No. 4428, 10-17-2022]
All personnel records are kept by the Assistant City Administrator
or the City's Administrator's designee and are confidential. Under
certain circumstances, however, the City can and will release certain
information, as a matter of public record, to third parties without
the specific approval or consent of the employee. Such disclosures
will be limited to verification of periods of employment, compensation
and eligibility for rehire by the City. Under all other circumstances,
an employee or former employee must sign a release form provided by
the Human Resource Coordinator before information concerning the employee's
work history or employment will be provided to anyone. Employees releasing
personnel information without proper authorization may be subject
to disciplinary action. Upon request, employees or former employees
may inspect their personnel files during normal work hours. Employees
should notify the Human Resource Coordinator of any changes in address,
name, phone number or other information concerning your employment.
[Ord. No. 4428, 10-17-2022]
As to travel provisions, see Section
115.080. As to expense reimbursement, see Section
110.025 of this Code.
[CC 1988 §23.330; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
A. Purpose Of Policy. To clarify and establish a standard regarding
drug and alcohol use and sale in our workplace. It should be noted
that while this policy details the City's prohibition against the
use of alcohol and drugs in the workplace, it is the position of the
City that it would prefer to help, rather than punish, employees with
this type of problem.
B. Prohibited Acts Or Conditions. The following acts or conditions are
prohibited:
1.
Use or sale of alcohol, drugs or controlled substances on City
premises or in City vehicles.
2.
Being under the influence of alcohol, drugs or controlled substances
during working hours or on City premises.
3.
Smoking is prohibited during public meetings.
C. Policy Definitions.
1.
Drugs and controlled substances include illegal drugs, lawfully
possessed prescriptions and over the counter drugs which may impair
alertness, judgment or coordination.
2.
Under the influence is a condition which impairs alertness,
judgment or coordination, affects ability to work in a safe and productive
manner, creates a safety risk to the employee, co-worker or the public
or property and may be manifest by having a detectable level of drugs
or alcohol in the body.
D. Discipline Actions. The City reserves the right to counsel and discipline
employees found in violation of this policy in the following ways
depending on severity of the circumstances:
E. Drug And/Or Alcohol Testing. Drug and alcohol testing of blood, urine
and other appropriate medical tests may occur in the following circumstances:
1.
Consent required as a condition of employment for all new employees.
2.
When appearance, behavior or involvement in an accident raise
reasonable suspicion of impairment or fitness to work.
3.
Routinely following an accident involving an injury as part
of a physical exam.
[CC 1988 §23.340; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
In the event of catastrophe or extreme emergency where the health,
welfare or safety of the public is threatened, or where lives and/or
property are endangered, a department head or his/her designate may
require employees to report to work for extended periods. During these
extreme situations, management may require employees to perform tasks
that are not reflected in their job descriptions. In these situations,
the appropriate department head reserves the right to employ such
persons as may be needed for the duration of the emergency.
[CC 1988 §23.400; Ord. No. 746 §1, 4-1-1991; Ord. No. 2144 §1, 3-7-2005; Ord.
No. 3191 §1, 7-15-2013; Ord. No. 4428, 10-17-2022]
A. Employee Coverage. The City will provide all permanent employees
working at thirty (30) hours per week with group medical, dental and
life insurance. It shall be the option of the employee if he or she
wishes to subscribe to the single or family coverage plan. From time
to time the Board of Aldermen may revise the City's insurance plan.
B. Continue Coverage After Termination. Federal law (COBRA) permits
employees and covered dependents to choose to continue health and
dental coverage, at group rates, in certain instances, where coverage
under the plan would otherwise end. Any employee may continue this
coverage, for up to eighteen (18) months, should he or she terminate
employment for any reason other than "gross misconduct." Dependents
of employees may continue their coverage upon the employee's death,
upon divorce, or upon legal separation. In all instances, the person
continuing the coverage will pay the full premium with no contribution
on the City's part. See the Finance Director for additional information.
C. Non-Retaliation Policy. An entity covered by the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) may not intimidate,
threaten, coerce, discriminate against or take any other retaliatory
action against an individual who exercises his/her privacy rights,
files a complaint, participates in an investigation or compliance
review or opposes the entity's privacy policy if he/she has a good
faith belief that it is unlawful.
D. Non-Waiver Of Rights Policy. An entity covered by HIPAA cannot require
individuals to waive their right to file a complaint as a condition
for treatment, payment, enrollment in a health plan or eligibility
for benefits.
[CC 1988 §23.410; Ord. No. 746 §1, 4-1-1991; Ord. No. 1900 §1, 9-23-2003; Ord.
No. 2982 §1, 6-20-2011; Ord. No. 4428, 10-17-2022]
A. Who Is Covered. All employees of the City of Lake Saint Louis are
covered by workers' compensation insurance as required by Missouri
State law while performing assigned duties.
B. On The Job Injury. Any employee sustaining an injury while on duty
must obtain medical treatment at an authorized location and must obtain
a written release prior to being allowed to return to work. A list
of authorized locations and providers will be posted in each department
and can be obtained from the Finance Department.
C. Report Of Injury. Immediately following any injury, the injured employee's
supervisor and/or the employee must fill out a Missouri Department
of Labor and Industrial Relations Division of Workers' Compensation
"Report of Injury" form and a supervisor's investigation report and
submit them to the Finance Director. The Finance Director will complete
the forms and file them with the workers' compensation insurance carrier.
These forms must be filed within forty-eight (48) hours of the injury.
Under no circumstances should the information be delayed longer than
the day following the injury.
D. Medical Bills. All hospital or medical bills and correspondence received
by the employee must be submitted to the Finance Director who will
forward them for payment to the City's workers' compensation insurance
carrier. These bills should be turned in as soon as they are received.
E. Compensation.
[Ord. No. 4494, 5-1-2023]
1.
Employees' absence resulting from an injury sustained on the
job shall receive compensation as provided by the City's workers'
compensation insurance carrier. The City may pay to employees in full-time
employee categories, as additional compensation, the difference between
the full-time employee's average salary or wages based on a forty
(40) hour workweek and the amount paid by the workers' compensation
insurance carrier from the date of injury on the job, provided the
following conditions are met:
a.
The required forms were completed immediately following the
injury as required by Missouri workers' compensation law and submitted
to the Finance Director.
b.
The employee received and continues to receive necessary treatment
for the injury from a physician or hospital approved by the City.
c.
The physician, approved by the City, recommends that the employee
is not fit to perform the duties of an employee of the City.
d.
The employee does not receive disability insurance benefits
provided by the City.
e.
The injury was not the result of or caused by the failure of
the employee to follow all regulations, directives, rules, guidelines,
etc., of the Personnel Manual or Safety Manual of the City of Lake
Saint Louis.
2.
The City will only pay additional compensation for a period
not to exceed one hundred and eighty (180) calendar days from the
date of injury.
3.
If the employee has not returned to work after one hundred and
eighty (180) calendar days, the employee shall receive compensation
as provided by the City's workers' compensation insurance carrier
and be eligible to use accrued PTO, ESL, sick or compensatory time.
4.
The City Administrator or their designee shall periodically
contact the treating physician to determine the date that the employee
may return to work and any medical conditions on employee's work duties.
The City Administrator may grant a temporary leave of absence for
the employee not fit to return to work, but for a period not to exceed
one hundred twenty (120) days. The City Administrator may thereafter,
at their discretion, grant up to one (1) year of temporary leave of
absences, provided the employee is unable to perform employee duties
for medical reasons as a result of the work-related injury.
[CC 1988 §23.420; Ord. No. 746 §1, 4-1-1991; Ord. No. 1398 §1, 2-1-1999; Ord.
No. 1997 §1, 4-5-2004; Ord. No. 4428, 10-17-2022]
A. Social Security. All employees of the City of Lake Saint Louis are
covered by Social Security.
B. LAGERS.
1.
The City of Lake Saint Louis participates in the Missouri Local
Government Employees Retirement Systems (LAGERS) under the non-contributory
benefit plan LT-8 with rule of eighty (80) and out.
2.
All employees who are employed in a position normally requiring
at least fifteen hundred (1,500) hours annually become members of
LAGERS as a condition of their employment with the City of Lake Saint
Louis.
3.
All eligible employees, at the time they are hired, must complete
a membership form which is provided by the Finance Director.
4.
After six (6) full months of employment, the City will contribute
the full portion of an employee's retirement program based on the
employee's wages. If the employee's date of employment is any day
other than the first calendar day of the month, the six (6) month
waiting period will start the first day of the month following the
month in which he/she was employed.
5.
A new employee who had previously been a member of LAGERS at
another City may be eligible to start immediately with no six (6)
month waiting period. See the Finance Director for more information.
C. Deferred Compensation Plan. All permanent full-time employees may
participate in a payroll deduction 457 Deferred Compensation Plan.
Forms may be obtained from the Finance Director.
[CC 1988 §23.430; Ord. No. 746 §1, 4-1-1991; Ord. No. 1095 §2, 6-3-1996; Ord.
No. 1860 §1, 6-2-2003; Ord. No. 2359 §1, 11-6-2006; Ord.
No. 2982 §1, 6-20-2011; Ord. No. 4428, 10-17-2022]
A. Paid Leave. Upon death, the employee's designated beneficiary shall
receive compensation in an amount equal to the number of that employee's
earned and unused PTO days, holidays and sick leave hours [earned
prior to July 1, 2011, and up to a maximum of twelve hundred (1,200)
sick leave hours] based upon the employee's rate of pay at the time
of death.
B. Continue Dependent Medical Coverage.
1.
Under COBRA, dependents of employees may continue medical coverage,
upon the death of the employee, for a period of thirty-six (36) months
by paying to the City the required premium when due.
2.
Should the surviving spouse or dependent(s) elect to continue
medical coverage upon the death of the employee, the following schedule
will be used to determine the amount of premium due the City:
a.
One (1) through five (5) years of service: Surviving spouse
or dependent(s) are responsible for the entire premium cost as set
by the Finance Director.
b.
Six (6) through ten (10) years of service: Twenty-five percent
(25%) of the premium cost will be paid by the City for the first twelve
(12) months and seventy-five percent (75%) to be paid by the surviving
spouse or dependent(s). On completion of the first twelve (12) months,
the entire premium cost, as set by the Finance Director, will be the
responsibility of the surviving spouse or dependent(s).
c.
Ten (10) plus years of service: Fifty percent (50%) of the premium
cost will be paid by the City for the first twelve (12) months and
fifty percent (50%) to be paid by the surviving spouse or dependent(s).
On completion of the first twelve (12) months, the entire premium
cost will be the responsibility of the surviving spouse or dependent(s).
4.
This coverage shall not apply if the surviving spouse or dependent(s)
have medical coverage under a separate policy, including Medicare
or Medicaid.
[CC 1988 §23.510; Ord. No. 746 §1, 4-1-1991; Ord. No. 1860 §2, 6-2-2003; Ord.
No. 2037 §1, 6-21-2004; Ord. No. 2982 §1, 6-20-2011; Ord. No. 3450 §2, 9-8-2015; Ord. No. 4428, 10-17-2022]
A. Rate At Which Sick Leave Is Earned. Effective July 1, 2011, no employee
shall accrue additional sick leave. Any already accrued sick leave
will remain available for employees to utilize, but cannot be replaced
with further accruals.
B. Use Of Sick Leave.
1.
Employees may utilize their sick leave when unable to perform
their duties due to illness or injury of himself/herself.
2.
Only necessary medical, dental or optical care shall be recognized
as proper use of sick leave.
3.
Paid sick leave may be used for any FMLA qualifying event. Pursuant to Section
117.420 of the City's Code, FMLA certification may be required.
C. Notification By Employee. When the use of sick leave becomes necessary,
it is the responsibility of the employee to notify his/her immediate
supervisor prior to normal starting time that they will be on sick
leave. Unless proper notification is given, sick leave will not be
approved unless emergency conditions make it impossible to provide
notification.
D. Doctor's Statement. An employee will be required to submit a doctor's
certificate documenting illness when absent on sick leave for over
three (3) consecutive scheduled days. In addition, any time that an
employee uses sick leave, department heads may require a doctor's
certificate documenting an illness.
E. Sick Leave At Termination.
1.
No sick leave benefits of any kind shall be granted after notice
of termination of employment.
2.
Unused sick leave shall not be paid at termination.
G. Sick Leave At Retirement. An active employee, hired prior to July
1, 2011, who qualifies for retirement under the City's retirement
plan (LAGERS), and who applies for retirement and immediately retires
from active service, is eligible to receive payment for up to one
thousand two hundred (1,200) hours of accrued and unused sick leave.
H. Change Of Leave Status. An employee using PTO leave who becomes ill
or injured may, upon proper notice to and approval from the City Administrator,
have his/her leave status changed to sick leave.
I. Penalty. Claiming sick leave when physically fit, except as permitted
in these regulations, may be cause for disciplinary action, including
suspension or dismissal.
[CC 1988 §23.520; Ord. No. 746 §1, 4-1-1991; Ord. No. 1795 §1, 11-4-2002; Ord.
No. 2359 §1, 11-6-2006; Ord. No. 2982 §1, 6-20-2011; Ord. No. 3587 § 1, 10-3-2016; Ord. No. 4428, 10-17-2022]
A. Rate At Which PTO Is Granted. After having satisfactorily completed
his/her probationary period, each full-time employee shall accrue
PTO in accordance with the following schedule:
During the first five (5) years of service: one hundred forty-four
(144) hours per year
During the 6th through 10th year of service: one hundred eighty-four
(184) hours per year
11+ years of service: two hundred twenty-four (224) hours per
year
B. PTO Not Cumulative. PTO hours are not cumulative. However, employees
may carry up to the maximum number of the PTO hours granted in the
previous year to the following fiscal year. The City Administrator
may, at his/her own discretion, grant employees permission to carry
more hours if extenuating circumstances prevent an employee from taking
PTO earned, and if the request is made in writing to the City Administrator.
The City Administrator may carry more PTO hours to the following fiscal
year if the request is made to the Mayor and the Mayor approves the
request.
C. PTO Requests. PTO leave shall be requested in advance sufficiently
to allow the department head to arrange work schedules. At a minimum
PTO leave should be requested in advance by a period of time equal
to the length of the PTO period. In no case will PTO leave be granted
if not requested prior to the time off, unless due to illness for
which no advance notice could be given.
D. Notification By Employee. When the use of PTO becomes necessary due
to illness, it is the responsibility of the employee to notify his/her
immediate supervisor prior to normal starting time that they will
be using PTO. Unless proper notification is given, PTO will not be
approved unless emergency conditions make it impossible to provide
notification.
PTO of not more than three (3) days may be taken in the event
of a serious illness in the immediate family of an employee, provided
such illness is of such serious nature as to require the attendance
of a physician and is determined by the department head that the situation
in the immediate family required the presence of the employee. If
additional time is required, it must be approved by the City Administrator.
E. PTO Scheduling. PTO leave scheduling is a responsibility of the department
head. Department heads will take into consideration seasonal demand
and acceptable staffing in their respective activities. Priority will
be given in PTO scheduling based on a combination of job responsibilities,
needs of the community, tenure of the employee, and the timeliness
of the request.
F. PTO Denied. PTO may be denied in an emergency or when the granting
of PTO would result in insufficient staffing. The City Administrator
may, in an emergency situation, grant pay for PTO time in lieu of
PTO time off.
G. PTO At Termination. At termination of service, the City will either
grant PTO time or pay in lieu of time at the option of the City Administrator.
There will be no PTO pay for an employee leaving the job without notice
of resignation of at least ten (10) working days or that has not completed
his/her probationary period.
H. PTO Buyback Program. Once per year, at a time designated by the City
Administrator, employees will have the option to trade in up to four
(4) days of unused PTO to the City in exchange for fifty percent (50%)
of their normal rate of pay for those hours. Days traded in must be
in blocks of eight (8) hours, up to thirty-two (32) hours total. Employees
may not trade in days that are not yet granted.
I. PTO Leave For Part-Time Employees.
1.
PTO leave for permanent part-time employees shall be calculated
on a pro rata basis and computed by dividing their average number
of hours they are regularly scheduled per week by forty (40) times
the entitlement of full-time employees.
2.
Temporary or seasonal employees shall not earn nor be paid for
any PTO time.
[CC 1988 §23.530; Ord. No. 746 §1, 4-1-1991; Ord. No. 829 §2, 9-8-1992; Ord.
No. 2611 §2, 7-7-2008; Ord. No. 2884 §2, 8-16-2010; Ord.
No. 3562, 7-5-2016; Ord. No. 4219, 4-19-2021; Ord. No. 4428, 10-17-2022]
A. City Holidays. Unless the employee is required to be on regular duty,
the following holidays may be observed by City employees:
First day of January
|
Third Monday in January
|
Third Monday in February
|
Last Monday in May
|
Fourth day of July
|
First Monday of September
|
11th day of November
|
Fourth Thursday of November
|
Fourth Friday of November
|
24th of December
|
25th of December
|
|
B. Holiday Falls Upon A Saturday Or Sunday. When any of these holidays
falls upon a Saturday, the preceding Friday shall be considered the
holiday; and when these holidays fall on a Sunday, the following Monday
shall be considered the holiday. Police Officers and dispatchers shall
be exempt from this policy.
C. When calculating the rate of pay during the pay period with a holiday, the holiday hours shall be paid at the regular scheduled pay and only overtime as provided for in Section
117.060 shall be calculated at one and one-half (1 1/2) times an employee's regular pay.
D. Unauthorized Absence Preceding Holiday. If an unauthorized absence
occurs on the day preceding and/or following a holiday, the employee
shall not receive compensation for the holiday.
E. Rate At Which Holiday Leave Is Earned. Permanent part-time employees
shall be entitled to holiday pay for the hours they are assigned to
work on a day that is recognized as a holiday by the City. Seasonal
or temporary employees are not eligible for holiday pay.
[CC 1988 §23.540; Ord. No. 746 §1, 4-1-1991; Ord. No. 783 §3, 12-16-1991; Ord. No. 2359 §1, 11-6-2006; Ord. No. 2982 §1, 6-20-2011; Ord. No. 3450 § 1, 9-8-2015; Ord. No. 3641 § 1, 2-6-2017; Ord. No. 3868, 7-2-2018; Ord. No. 4428, 10-17-2022]
A. Rate At Which Extended Sick Leave Is Earned.
1.
Permanent part-time employees shall be entitled to ESL on a
pro rata basis computed by dividing their average number of hours
they are regularly scheduled per week by forty (40) times the entitlement
of full-time employees.
2.
Each full-time employee shall be granted ESL at a rate of one-half
(0.5) day for each month of continuous service from date of hire.
ESL shall accumulate to a maximum of one thousand forty (1,040) hours
and is transferable from year to year. ESL time no longer accumulates
once an employee reaches one thousand forty (1,040) hours.
B. Use Of Extended Sick Leave.
1.
For both full-time and part-time employees, ESL can only be
used starting with an employee's third consecutive day off work, or
17th consecutive hour of work, whichever is less. PTO or sick leave
must be used for the first two (2) days, or sixteen (16) hours, of
absence. If the employee does not have sufficient PTO or sick leave
available, any time between the exhaustion of PTO and sick leave and
the beginning of ESL will be unpaid. A day off is considered as one
(1) normal work shift, regardless of the number of hours in the shift.
Any exceptions to this rule require the written authorization of the
Department Head and the City Administrator.
2.
Employees may utilize their extended sick leave when unable
to perform their duties due to illness or injury of himself/herself.
3.
ESL may be used for any FMLA qualifying event. Pursuant to Section
117.420 of the City's Code, FMLA certification may be required. Two (2) days of PTO or sick leave must be used prior to the use of ESL, as per normal ESL usage rules.
C. Notification By Employee. When the use of ESL becomes necessary,
it is the responsibility of the employee to notify his/her immediate
supervisor as per the rules of PTO usage.
D. Doctor's Statement. Any time that an employee uses ESL, a doctor's
certificate documenting an illness must be provided to the department
head.
E. ESL At Termination.
1.
No ESL benefits of any kind shall be granted after notice of
termination of employment.
2.
Unused ESL shall not be paid at termination.
F. Change Of Leave Status. An employee using PTO who becomes ill or
injured may, upon proper notice to and approval from the City Administrator,
have his/her leave status changed to ESL for the period of time starting
with the third consecutive day off work or 17th consecutive hour.
G. Penalty. Claiming ESL when physically fit, except as permitted in
these regulations, may be cause for disciplinary action, including
suspension or dismissal.
[CC 1988 §23.550; Ord. No. 746 §1, 4-1-1991; Ord. No. 1854 §1, 5-19-2003; Ord.
No. 2982 §1, 6-20-2011; Ord. No. 4428, 10-17-2022]
A. Absent Due To Death Of Immediate Family Member. In the event of a
death in an employee's immediate family, he/she shall be granted a
maximum of three (3) workdays off with pay. For this purpose, immediate
family is defined as:
7.
Immediate family also includes members of the immediate family,
as defined above, of the employee's spouse.
8.
One (1) paid day of bereavement leave for an employee's other
relatives will be granted.
B. Pallbearer. Excused absence may be taken for not less than one-half
(1/2) day or more than one (1) full day to serve as pallbearer for
past or present City employees.
C. Excused Absences.
1.
Excused absence shall not be credited to sick or ESL time.
2.
In extenuating circumstances, the City Administrator may approve
leave for other relatives not listed. If additional time off is required
because the employee's absence from the family will create a hardship,
the department head may grant the use of sick leave, PTO, or ESL leave.
In the event of a current or former employee's death, employees who
wish to do so will be granted time off to attend the local funeral.
[CC 1988 §23.575; Ord. No. 1176 §1, 4-21-1997; Ord. No. 2572 §2, 2-19-2008; Ord.
No. 2705 §1, 2-17-2009; Ord. No. 2982 §1, 6-20-2011; Ord.
No. 4428, 10-17-2022]
A. Covered Employees. All permanent employees who have worked for the
City for at least twelve (12) months and have, in the previous twelve
(12) months, rendered at least one thousand two hundred fifty (1,250)
hours of service.
B. Leave Entitlement.
1.
Military FMLA leave: Eligible employees with spouse, child or
parent on covered active duty or called to covered active duty status
(or has been notified of an impending call or order to covered active
duty) may use their twelve (12) week entitlement to address certain
qualifying exigencies. Qualifying exigencies may include attending
certain military events, arranging for alternative childcare, addressing
certain financial and legal arrangements, attending certain counseling
sessions and attending post-deployment reintegration briefings. FMLA
also includes a special leave entitlement that also permits eligible
employees to take up to twenty-six (26) weeks of leave to care for
a covered service member during a single twelve (12) month period.
A covered service member is a current member of the armed forces,
including a member of the National Guard or Reserves, who has a serious
injury or illness incurred in the line of duty on active duty that
renders the service member medically unfit to perform his or her duties
for which a service member is undergoing medical treatment, recuperation
or therapy; or is in an outpatient status; or is on the temporary
disability retired list. For purposes of this policy, a "rolling"
twelve (12) month period will be used, measured backwards from the
date an employee uses FMLA leave.
2.
Basic FMLA leave may be approved for a maximum of twelve (12)
weeks in a twelve (12) month period. For purposes of this policy,
a "rolling" twelve (12) month period will be used, measured backward
from the date an employee uses any family leave. The City requires
that the employee substitute any accrued, unused PTO, ESL, or accrued
sick leave as part or all of the twelve (12) week period. This act
guarantees the right to a leave without pay for all eligible employees.
An eligible employee is entitled to a total of twelve (12) workweeks
of leave during any twelve (12) month period for one (1) or more of
the following reason(s).
a.
The birth of a son or daughter of the employee in order to care
for such son or daughter.
b.
The placement of a son or daughter with the employee for adoption
or foster care.
c.
The need for the employee to care for the spouse, child or parent
of the employee when such spouse, son, daughter or parent has a serious
health condition.
d.
An employee's serious health condition that makes the employee
unable to perform the essential functions of his/her position.
3.
A "serious health condition" is an illness, injury, impairment,
or physical or mental condition that involves hospitalization or continuing
treatment by a doctor. The term "serious health condition" is intended
to cover conditions or illnesses affecting one's health to the extent
that in-patient care is required, or absences are necessary on a recurring
basis or for more than a few days for treatment or recovery. Examples
include heart attacks, most cancers, strokes, severe respiratory conditions,
spinal injuries, appendicitis, pneumonia, injuries caused by serious
accidents on or off the job, pregnancy, the need for prenatal care,
childbirth and recovery from childbirth.
4.
When in-patient care is not involved, the regulations require
that the absence from work, or incapacity in performing other daily
activities in the case of a family member, be for a period of more
than three (3) days in addition to requiring the continuing treatment
of a health-care provider.
5.
The entitlement to leave for birth or child placement expires
one (1) year after the date of childbirth or placement. Childbirth
or placement leave is to be taken in one (1) block of time up to twelve
(12) weeks, unless the employee and the City agree otherwise.
6.
An employee's entitlement to leave for a serious health condition
may be taken intermittently or on a reduced-time schedule that reduces
the regular workday or workweek. If the employee requests intermittent
leave or leave on a reduced-time schedule that is foreseeable because
the employee has a planned medical treatment, then the department
head, with approval from the City Administrator, may transfer the
employee temporarily to another position for which the employee is
qualified. The department head, with approval from the City Administrator,
may place the employee in an alternate job that would better accommodate
the recurring periods of leave than would the employee's regular job
but the City may not reduce the pay and benefits of the employee in
the alternate job.
7.
In cases in which the need for leave is foreseeable, such as
an expected birth or planned medical treatment, the employee is required
to provide his/her department head or City Administrator with at least
thirty (30) days' notice before the date the leave is to begin, along
with a written declaration of intent to return to work after the leave.
When circumstances prevent the employee from giving the thirty (30)
days' notice, the employee is to provide notice as soon as practicable.
In cases of leave for planned medical treatment, the employee is required
to make a reasonable effort to schedule the treatment so as not to
unduly disrupt the City's operations.
8.
If a husband and wife both work for the City, they are limited
to a total of twelve (12) weeks of leave in a twelve (12) month period
for childbirth, placement or caring for a sick parent.
C. Verifying Leave Requests.
1.
Employees are required to verify the need for leave due to a
serious medical condition of the employee or a member of the employee's
family. In general, requests for leave will be granted based on a
certification issued by a health-care provider. The employee is required
to provide upon request and in a timely manner a copy of such medical
certification to his/her department head who shall forward it to the
City Administrator for approval.
2.
Section 103(b) of the Act describes sufficient certification.
All certificates must contain three (3) statements:
a.
The date when the serious health condition began.
b.
The probable duration of the condition.
c.
The appropriate medical facts known by the health-care provider
regarding the condition.
3.
If the leave request is to care for a family member, the certificate
must contain a statement that the employee is needed to provide such
care.
4.
If the leave request is for the employee with a serious medical
condition, the certificate must include a statement that the employee
is unable to perform the functions of his/her position.
5.
If the leave request is for planned medical treatment and the
employee wants intermittent leave or leave on a reduced-time schedule,
the certificate must state the dates when the treatment is to begin
and the duration of the treatment. If the intermittent leave request
is necessitated by a serious medical condition of the employee or
a member of the employee's family, the certificate must state that
there is a medical necessity for the intermittent leave and how long
the leave will be needed.
D. Validity Of Leave Requests. Should the City Administrator doubt the
validity of the leave request it may require the employee to obtain
a second opinion from a second health-care provider of the City's
choice. The City bears the cost of obtaining the second opinion. If
the second opinion conflicts with the original medical opinion, then
the City Administrator may require, at the expense of the City, that
the employee obtain a third opinion from a health-care provider mutually
agreed upon by the City and the employee. The opinion of the third
health-care provider is final and binding on the City and the employee.
E. Employment And Benefits Protection.
1.
The basic thrust of the Act is guaranteed leave; an essential
element of that guarantee is the right of the employee to return either
to the position he/she left when the leave began or to an equivalent
position with the same benefits, pay, and other terms and conditions
of employment. Section 104(a) specifies that right and requires the
City to maintain coverage for the employee under any group health
plan for the duration of the leave. The City may subsequently recover
premiums paid if the employee fails to return to work (unless the
employee suffers a continuation of the serious medical condition).
The City may require the employee to furnish medical certification
that the employee is able to resume work.
2.
Section 104(b) creates an exception to the general rule of full
restoration of employment benefits. The City may deny reinstatement
to a salaried employee who is among the highest-paid ten percent (10%)
of the City's work force, but only if such denial is necessary to
prevent substantial and grievous economic injury to the operations
of the City.
F. Prohibited Acts And Means Of Enforcement.
1.
Section 105(a) makes it unlawful for the City to interfere with,
restrain or deny the exercise of any right under the Act or to discharge
or otherwise discriminate against an employee who opposes practices
made unlawful by the Act. The Act further provides, at Section 105(b),
that it is unlawful to discharge or otherwise discriminate against
an employee because the employee files a charge under the Act or otherwise
participates in any inquiry or proceeding under the Act.
2.
Investigative authority, as set forth in Section 106 of the
Act, is vested in the United States Department of Labor (DOL). The
City is to maintain records demonstrating compliance with the Act;
the records may be inspected as often as once a year by DOL and more
often if DOL has reasonable cause to believe a violation of the Act
has occurred. DOL is given authority to investigate complaints and
to issue subpoenas.
[CC 1988 §23.580; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
Leave for military duty will be granted in accordance with the
Missouri State Statutes and the Uniformed Services Employment and
Reemployment Rights Act (USERRA). Advance notice of military service
is required, unless military necessity prevents such notice or it
is otherwise impossible or unreasonable. Such leave shall be granted
upon submission of verifiable military orders. Only permanent employees
of the City are entitled to military leave as authorized by law.
Employees returning from military leave will be placed in the
position they would have attained had they remained continuously employed
or a comparable one (1) depending on the length of military service
in accordance with USERRA. They will be treated as though they were
continuously employed for purposes of determining benefits based on
length of service.
[CC 1988 §23.590; Ord. No. 746 §1, 4-1-1991; Ord. No. 1176 §1, 4-21-1997; Ord.
No. 4428, 10-17-2022]
A. Employees serving on jury duty shall receive full pay for the duration
of that jury. A permanent employee shall be granted pay for time he/she
is absent from scheduled duty to serve as juror in court. Any pay
resulting from this condition shall be submitted to the Finance Director.
B. In no event shall compensation be granted for court time that is
required as a result of an employee action against the City of Lake
Saint Louis. An employee who has initiated suit against the City may
still use accrued comp time for court visits but will not otherwise
receive compensation for time off.
[CC 1988 §23.610; Ord. No. 746 §1, 4-1-1991; Ord. No. 2982 §1, 6-20-2011; Ord.
No. 4428, 10-17-2022]
A. Leaves of absence without pay other than those specified in other
Sections of these rules and regulations may be granted for medical
and personal purposes. The subsequent provisions shall apply regarding
these leaves of absence without pay.
B. Exhausted Accrued Leave. Employees may be granted medical leaves
of absence after accrued sick leave, PTO, and ESL days have been exhausted.
All absence due to illness or injury (other than work-related injury),
after accumulated sick leave has been exhausted, will be without pay
unless otherwise determined by the City Administrator.
C. Personal Leave.
1.
Any full-time employee may apply for a personal leave of absence
without pay. "Personal leaves of absence" are defined as a leave of
absence without pay in which an employee desires to be absent from
his/her regular job for a specified period of time due to personal
need. The personal leave of absence may be granted by the employee's
department head with the approval of the City Administrator for a
period not to exceed thirty (30) calendar days. Extensions of such
leave may be granted at the discretion of the City Administrator.
No personal leave of absence shall be granted for purposes of pursing
other employment.
2.
An employee returning to work following a personal leave of
absence shall be placed in his/her former position if the position
still exists or be placed in a substantially equivalent position if
it does not.
D. Physical Examination May Be Required. Any employee returning to work
from a leave of absence without pay may be required to undergo a physical
examination at the City's expense. This is to determine if the employee
is capable of returning to his/her former position.
E. Maintain Medical Coverage. If an employee desires to maintain health
insurance coverage through the City for the duration of a leave of
absence without pay, such requests shall be directed to the City Administrator.
F. PTO Or ESL Leave Not Accrued. An employee on a leave of absence without
pay shall not accrue PTO or ESL leave for the duration of the leave
of absence. Seniority shall not accumulate for employees on a leave
of absence without pay unless such leave has been granted as the result
of a work-related injury.
G. Leave Of Absence Request. It is understood that this Section only
gives an employee the right to request a leave of absence. Granting
of the request shall be on the basis of the merit of each individual
request.
H. Position Not Guaranteed. Approval of a leave of absence without pay
does not guarantee that the position of the employee will be available
at the end of the leave period.
[CC 1988 §23.620; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
No employee shall absent himself/herself from duty without permission
of his/her department head as provided herein. Any employee absenting
himself/herself from duty without leave or permission will be subject
to disciplinary action and for the second offense may be discharged
from City service. Employees who are absent from work and allege adverse
weather conditions when such authorization is not granted by the City
Administrator shall be charged with being absent without leave.
All employees are required to call in to report absences. Any
employee who fails to call in or report to work for a period lasting
three (3) days will be considered to have abandoned their job. In
such instances, the employee's separation will be processed as a voluntary
resignation.
[CC 1988 §23.630; Ord. No. 1575 §1, 2-5-2001; Ord. No. 2982 §1, 6-20-2011; Ord.
No. 4428, 10-17-2022]
A. City facilities (excluding emergency services) may be closed due
to inclement weather at the discretion of the City Administrator.
Regularly scheduled hourly employees will be compensated for the time
they were scheduled to work subsequent to work cancellation. Employees
will not be compensated for time missed prior to closing of City facilities.
For this time, employees must use accrued PTO time with the approval
of their supervisor.
B. Hours paid but not worked due to cancellation do not count in the
calculation of overtime and comp time.
[CC 1988 §23.710; Ord. No. 746 §1, 4-1-1991; Ord. No. 783 §4, 12-16-1991; Ord. No. 3311 §1, 9-2-2014; Ord. No. 3325 §1, 10-6-2014; Ord. No. 3427 § 1, 7-6-2015; Ord. No. 3729 § 1, 8-23-2017; Ord. No. 3828, 3-19-2018; Ord. No. 4428, 10-17-2022]
A. All employees are expected to comply with the provisions of the Personnel
Manual and the Safety Manual of the City of Lake Saint Louis and with
generally accepted norms of work behavior which will reflect favorably
on the personnel system and the City. It is the City's philosophy
that discipline is to be used to help correct behavior rather than
to punish. Consistent action will be taken in similar circumstances
so that all employees are treated with fairness and uniformity.
B. In conjunction with the personnel rules and regulations, the legal
principles of affirmative action, Title I of the Americans with Disabilities
Act of 1990 and the Americans with Disabilities Act Amendments Act
of 2008 (ADA Amendments Act), no employee shall be reduced in pay
or position, laid off, suspended, demoted or discharged or otherwise
discriminated against for race, creed, national origin, religion,
sex, sexual orientation, gender identity, age, disability or political
affiliation.
C. Since violations of certain regulations are more serious than others
and because each situation must be weighed individually, no specific
disciplinary action is mandatory. Depending upon the severity and
frequency of the infraction, one (1) of the following actions may
be taken:
1.
Verbal Warning.
a.
When a minor infraction of conduct occurs, the department head
will meet with the employee to discuss the infraction. An explanation
of the unacceptable conduct will be made as well as recommendations
for corrective measures. The employee will be advised that reoccurrence
of the infraction will result in more serious disciplinary action.
A written accounting of the verbal reprimand will be placed in the
employee's personnel file.
b.
Verbal warnings may be removed from the employee's personnel
file, upon request of the employee, and with his/her department head's
approval, one (1) year from the time of the infraction.
2.
Written Reprimand.
a.
Moderate offenses or failure to respond to a verbal warning
will result in the issuance of a written warning. The department head
shall state, in writing, the nature of the infraction, prior record
of similar misconduct and the date and time the incident occurred.
One (1) copy shall be placed in the personnel file, and one (1) copy
shall be given to the employee. A meeting, as described under "verbal
warning," will be held with the employee to fully explain the action
being taken.
b.
Written reprimands may be removed from the employee's personnel
file upon request of the department head to the City Administrator.
Such request shall be made no earlier than one (1) year from the time
of the reprimand and shall include an updated performance evaluation
report.
3.
Suspension. It shall be understood that a suspension is a temporary
relief from duty which may be imposed on an employee as a penalty
for substandard performance, violation of departmental rules or regulations,
administrative instructions or repeated lesser infractions. An employee
may also be suspended for the duration of an investigation of alleged
violations of City or departmental rules and regulations as well as
criminal charges. A suspension from work (with or without pay) may
be invoked by the City Administrator upon the recommendation of an
employee's department head. The length of the suspension will be determined
by the City Administrator and will depend on the seriousness of the
offense. A written statement shall be submitted to the employee specifying
reasons for the suspension. This statement will be included in the
employee's personnel file.
4.
Demotion. Demotion shall be considered a change in job classification
from one (1) position to another with less responsibility and a lower
maximum rate of pay. This action is normally taken because of inefficiency,
or an employee's inability or lack of qualifications to perform the
duties of the position in which the employee is presently working,
or for disciplinary reasons. The demotion may be authorized by the
City Administrator only, and written notice shall be given to an affected
employee before the effective date.
5.
Termination. Upon the recommendation of an employee's department
head and with the prior approval of the City Administrator, an employee
may be discharged at any time for just cause.
6.
Appeals. Decisions of the City Administrator that result in
reduction of pay, suspension, demotion or termination of an employee
may be appealed to the Personnel Board in writing within ten (10)
days. Full-time Police Officers shall be granted, upon written request
made within forty-eight (48) hours of a disciplinary action that results
in a reduction of pay, suspension or disciplinary demotion, a meeting
with the City Administrator. At such meeting, the Police Department
shall provide a statement to the employee that details the reason
of the disciplinary action and the employee shall have the opportunity
to respond. In the case of Police Officers, the City Administrator
shall decide if the appeal should be heard by the Personnel Board
or the Police Review Board, depending on the nature of the appeal.
Said hearing will be private. Decisions from either Board may be appealed
to the Board of Aldermen within five (5) working days. The Board of
Aldermen's decision shall be final.
[CC 1988 §23.720; Ord. No. 746 §1, 4-1-1991; Ord. No. 3311 §1, 9-2-2014; Ord.
No. 4428, 10-17-2022]
A. Policy. It shall be the policy of the municipality to address grievances
of employees promptly and fairly. Within the framework of existing
laws and regulations, every effort shall be made to address grievances
in a manner mutually satisfactory to employees and management. Any
employee who believes he/she has received inequitable treatment because
of some conditions of his/her employment may personally appeal for
relief from that condition.
B. First Step.
1.
An employee shall take up all grievances with his/her immediate
department head.
2.
Department heads shall be responsible for receiving and acting
upon grievances of employees under their supervision. In the presentation
of grievances to supervisors, employees shall be free from restraint,
interference, discrimination or reprisal.
3.
If the grievance arises out of a matter over which the department
head has no control, the employee may request his/her department head
to carry such grievance on his/her behalf to the appropriate authority
regardless of his/her evaluation of the validity of the grievance.
C. Second Step. Employees who desire to appeal decisions of their department
heads in grievance matters may do so by appealing to the City Administrator.
Such appeals must be in writing, must be dated, and must fully state
the nature of the grievance and the steps which have been taken to
achieve its settlement. In no case, however, shall the employee submit
a grievance to the City Administrator without first giving notice
of such action to the employee's department head.
D. Third Step. Decisions of the City Administrator that result in reduction of pay, suspension, demotion or termination of an employee may be appealed to the Police Review Board/Personnel Review Board, in writing, within ten (10) days. For the rules and procedures of the Police Review Board/Personnel Review Board, refer to Section
120.070 of the Lake Saint Louis Municipal Code.
E. Final Step. The Police Review Board/Personnel Review Board's decision
may be appealed to the Board of Aldermen within five (5) working days
of receiving the decision from this hearing. Such appeals must be
in writing. The Board of Aldermen's decision shall be final.
[CC 1988 §23.730; Ord. No. 746 §1, 4-1-1991; Ord. No. 4428, 10-17-2022]
A. The City Administrator may dismiss or suspend an employee and such
dismissal or suspension shall separate the employee from pay status.
In so doing, the City Administrator shall state the cause for dismissal
or suspension, in writing. A copy of the written notice stating such
cause for dismissal shall be sent to the employee and also filed in
the employee's personnel file.
B. Suspension for an employee shall not exceed thirty (30) working days.
The following items constitute cause for dismissal and/or suspension;
however, causes for disciplinary action are not limited to the following:
1.
Failure to report for work when scheduled.
2.
Refusal to work overtime when necessary to keep essential services
operating.
3.
Dereliction of duties or shirking responsibilities.
4.
Repeated tardiness or unauthorized absences.
5.
Accepting a bribe in the form of money or other valuables.
6.
Conviction for a felony or violent misdemeanor.
8.
Insubordination or disobedience of superior's instructions.
9.
Failure to comply with orders of department head or supervisor.
10.
Misconduct, on or off duty, if it brings discredit to the City.
11.
Sleeping, gambling, drinking or being under the influence of
alcohol or narcotics while on duty.
12.
Gross negligence in performing duties.
13.
Making false report or other misrepresentation to superior.
14.
Claiming sick leave under false pretenses.
16.
Misappropriation, destruction, theft or conversion of City property.
17.
Employee subsequent to employment becomes physically or mentally
unfit for the performance of his/her duties.
18.
Willful disregard of others.
19.
Falsification of any information furnished to the City.
20.
Failure to properly report accidents or personal injuries.
21.
Neglect or carelessness resulting in damage to City property
or equipment.
22.
Repeated convictions during employment of misdemeanor and/or
traffic charges.
23.
Active participation in local municipal office elections other
than voting.
24.
Knowingly drive a City vehicle without a valid driver's license
or chauffeur's license.
25.
Failure to observe recognized or instructed safety practices,
including failure to use safety equipment such as eye protective devices
or safety shoes, and failure to follow established procedures.
26.
Failure to comply with a department head's direction to take
a drug or alcohol test.
[CC 1988 §23.810; Ord. No. 746 §1, 4-1-1991; Ord. No. 2374 §1, 11-20-2006; Ord. No. 2982 §1, 6-20-2011; Ord. No. 4428, 10-17-2022]
A. Resignation In Writing.
1.
Employees wishing to resign shall file with their department
head such notice, in writing, at least ten (10) working days before
such resignation shall be effective. This written resignation must
give a reason for leaving. Failure to comply with this regulation
shall result in the forfeiting of all accumulated PTO and other benefits.
2.
The resignation shall be forwarded to the Finance Department,
along with a evaluation of the employee's performance, and shall be
included in the employee's personnel file.
3.
A member of the Board of Aldermen wishing to resign shall file
with the Mayor such notice, in writing, and the Mayor shall forward
the written notice to the Board of Aldermen. If the written notice
is tendered to the Mayor during a Board of Aldermen meeting, the Mayor
shall forward the written notice to the Board of Aldermen at that
meeting. If the written notice is tendered to the Mayor after a meeting
has been adjourned, the Mayor shall forward the written notice to
the Board of Aldermen at the next regularly scheduled Board of Aldermen
meeting. The Board of Aldermen shall have the discretion to act immediately
upon the resignation request by voting to accept the resignation or
they may wait one (1) meeting before voting to accept the resignation.
The resignation shall be effective once the remaining members of the
Board of Aldermen have voted to accept the resignation.
4.
A Mayor wishing to resign shall file with the President of the
Board of Aldermen such notice, in writing, and the President of the
Board of Aldermen shall forward the written notice to the Board of
Aldermen. If the written notice is tendered to the President of the
Board of Aldermen during a Board of Aldermen meeting, the President
of the Board of Aldermen shall forward the written notice to the Board
of Aldermen at that meeting. If the written notice is tendered to
the President of the Board of Aldermen after a meeting has been adjourned,
the President of the Board of Aldermen shall forward the written notice
to the Board of Aldermen at the next regularly scheduled Board of
Aldermen meeting. The Board of Aldermen shall have the discretion
to act immediately upon the resignation request by voting to accept
the resignation or they may wait one (1) meeting before voting to
accept the resignation. The resignation shall be effective once the
remaining members of the Board of Aldermen have voted to accept the
resignation.
B. Exit Interview. The City Administrator and/or designee shall conduct
an exit interview with all employees leaving City service and shall
file same in the employee's personnel file.
[CC 1988 §23.820; Ord. No. 2982 §1, 6-20-2011; Ord. No. 4428, 10-17-2022]
A. The City Administrator may lay off employees whenever such action
is made necessary by reason of shortage of work or funds, the abolition
of a position, or because of change in organization. However, no permanent
employee shall be laid off while there are seasonal, part-time or
probationary employees serving the same class of positions for which
the permanent employee is qualified, eligible and available.
B. Employees whose jobs have been eliminated and employees who have
been laid off shall receive fifty percent (50%) of their accumulated
ESL and sick leave.
[CC 1988 § 23.830; Ord. No. 928 § 1, 2-22-1994; Ord. No. 3325 § 2, 10-6-2014; Ord. No. 3729 § 2, 8-23-2017; Ord.
No. 4428, 10-17-2022]
A. Policy Statement.
1.
The City does not discriminate on the basis of disability in
its hiring or employment practices and complies with all regulations
promulgated by the U.S. Equal Employment Opportunity Commission under
Title I of the Americans with Disabilities Act of 1990 (ADA) and the
Americans with Disabilities Amendments Act of 2008 (ADA Amendments
Act).
2.
The City will provide reasonable accommodation for qualified
persons with disabilities who are employees, or applicants for employment,
and who can perform the essential functions of the job with or without
accommodations, in compliance with the Americans with Disabilities
Act of 1990 (ADA), Americans with Disabilities Amendments Act of 2008
(ADA Amendments Act), and all applicable Federal, State, and local
laws.
B. General Provisions.
1.
For any employee of the City who becomes permanently physically
or mentally disabled and is rendered incapable of performing the duties
assigned to his/her position, the City shall take all steps to reasonably
accommodate the employee and help overcome the particular impediment
involved, unless to do so would impose an undue hardship on the City.
2.
The provisions of this Section shall not be applied or construed
so as to deny any employee the right to request a leave of absence
as provided in these rules.
[CC 1988 §23.840; Ord. No. 746 §1, 4-1-1991; Ord. No. 2982 §1, 6-20-2011; Ord.
No. 4428, 10-17-2022]
When you leave the City for any reason, you are responsible
for submitting your final timecard and any City-owned property, including
uniforms and your employee I.D. card(s), to your department head who
will then notify the Finance Director that the final paycheck may
be released. Your final paycheck shall be issued on the next regular
payday and will include any unused PTO pay, provided that all of the
above-stated requirements have been met.
[CC 1988 §23.900; Ord. No. 1091 §1, 5-6-1996; Ord. No. 4428, 10-17-2022]
A. Policy.
1.
It is the policy of the City of Lake Saint Louis to provide
safe, dependable and economical services to its citizens and to provide
safe working conditions for its employees and to comply with the requirements
of Federal law and regulations related to the Drug Free Work Place
Act of 1988 and the Omnibus Transportation Employee Testing Act of
1991. It is also the policy of the City of Lake Saint Louis to provide
healthy, satisfying, working environments for its employees.
2.
To meet these goals, it is the policy of the City of Lake Saint
Louis to insure that its employees are not impaired in their ability
to perform assigned duties in a safe, productive and healthy manner;
to create a workplace environment free from the adverse effects of
alcohol and controlled substances abuse or misuse; to prohibit the
unlawful manufacture, distribution, dispensing, possession or use
of alcohol and controlled substances; and to encourage employees to
seek professional assistance when personal problems, including alcohol
and controlled substance dependency, adversely affect their ability
to perform assigned duties.
B. Purpose. 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 and controlled substances. It is also the purpose
of this policy to comply with all applicable Federal and State regulations
governing workplace alcohol and controlled substance abuse programs
mandated under the above-noted Acts. These Acts mandate urine drug
testing and breathalyzer alcohol tests for safety-sensitive positions
and prevent performance of safety-sensitive functions when there is
a positive test result. The Federal law has also established standards
for collection and testing of urine and breath specimens, the reporting
of certain drug-related offenses, protective measures for certain
employees tested, for the preservation of confidentiality, and for
certain reporting.
C. Applicability.
[Ord. No. 4501, 5-15-2023]
1.
This policy applies to all employees, including all safety-sensitive
employees who perform safety-sensitive functions as these persons
and activities are defined in the Omnibus Transportation Employee
Testing Act and its implementing regulations, including, but not limited
to, persons who are required to possess a commercial driver's license
(CDL) for the operation of a commercial vehicle and all commissioned
Law Enforcement Officers, dispatchers, emergency management personnel,
and supervisors and managers of these departments in the jurisdiction.
D. Definitions. As used in this Section, the following terms shall have
these prescribed meanings:
DELAY
Any failure to immediately report to the test site to participate
in the required testing under this policy.
E. Policy Administrator.
1.
Unless otherwise designated by the City Administrator, in writing,
the City Administrator shall be designated as the Controlled Substance
and Alcohol Policy Administrator for the City of Lake Saint Louis.
Any inquiries concerning this policy, its application, its administration
or its interpretation shall be made to the Policy Administrator.
2.
The Policy Administrator shall develop and maintain a current
list of the positions that are governed by this policy. The list shall
be available for inspection in the Human Resources office of the City
of Lake Saint Louis. Individuals who are applying for positions with
the City and affected employees shall be notified if their position
is covered by this policy.
3.
The Policy Administrator shall develop all forms necessary to
carry out the provisions of this policy, unless the forms are provided
under the Federal regulations. The forms shall be provided to appropriate
persons who are responsible for the implementation and management
of this policy.
F. Alcohol And Controlled Substances Prohibitions.
1.
An employee is prohibited from the operation of a commercial
motor vehicle and/or from engaging in any work-related functions for
alcohol related conduct:
b.
While having a blood alcohol concentration of two-hundredths
(0.02) or greater;
c.
Within four (4) hours of consuming alcohol;
d.
After refusing to submit to an alcohol test;
e.
From consuming alcohol within eight (8) hours after an accident
as specified in this policy.
2.
An employee is prohibited from the unauthorized use of a controlled substance (as defined in Section
117.290) at any time, whether on or off duty.
3.
An employee is prohibited from unauthorized possession of alcohol
while on duty.
4.
An employee whose job performance requires the possession of
a valid CDL and who loses the CDL for a violation of or as a consequence
of the law shall be subject to disciplinary action up to and including
termination from service. The employee shall notify the Policy Administrator
and the employee's immediate supervisor of the loss of the CDL. Failure
to notify the Policy Administrator of the loss of the CDL shall result
in immediate termination from service.
G. Controlled Substance And Alcohol Testing Provisions. Employees subject
to this policy shall be subject to controlled substances and alcohol
testing, including the following types of tests: pre-employment testing,
random testing (except as provided herein), reasonable suspicion testing,
post-accident testing, return to work testing, and follow-up testing
to rehabilitation programs.
1.
Pre-Employment Testing. Pre-employment urine drug testing shall
be required of all applicants for positions covered by this policy
as a condition of the application procedure. Future employment as
defined shall be considered as if the application was for original
entry into service for purposes of this policy. Receipt of satisfactory
test results is required prior to commencement of employment and/or
engaging in safety-sensitive functions, and the failure of a controlled
substance or alcohol test disqualifies an applicant from appointment
to employment for a period of at least one hundred twenty (120) days.
Evidence of the absence of controlled substances or alcohol dependency
from a substance abuse professional (SAP) and negative controlled
substance and alcohol tests shall be required prior to further consideration
of any employment, including reports from prior employers by an employee's
written authorization.
2.
Reasonable Suspicion Testing.
a.
Reasonable suspicion testing shall be used to determine fitness
for duty evaluations, including appropriate urine and/or breath testing,
when there are objective observable reasons to believe that a controlled
substance or alcohol use is adversely affecting an employee's job
performance or that the employee has violated this policy. Reasonable
suspicion referral for testing shall be made on the basis of documented
objective facts and circumstances which are consistent with the effects
of substance use. Reasonable suspicion observations and reports can
only be made by supervisory or management personnel who are trained
to detect the signs and symptoms of controlled substance and alcohol
use and who may reasonably conclude that an employee may be adversely
affected or impaired in the employee's work performance due to the
use of the controlled substance or alcohol. The observing supervisor
or manager, whether or not the person is the employee's immediate
supervisor, is required to complete the appropriate required documentation
concurrently with the observation and consideration to impose reasonable
suspicion testing.
b.
Reasonable suspicion testing shall be required and completed
whenever possible within two (2) hours of the observation, but in
any case no later than before eight (8) hours after the observation
for breath alcohol testing and thirty-two (32) hours for controlled
substance testing.
3.
Post-Accident Testing. Post-accident testing shall be required
to test employees after a vehicular accident has occurred in which
a fatality has occurred, or when a traffic citation is issued after
an accident, or testing may be required where injury to a person requires
transport to a medical treatment facility, or disabling damage to
one (1) or more vehicles requires towing from the accident site to
occur. Testing shall include both breath alcohol and urine drug testing
of the employee(s). Post-accident testing shall be required and completed
whenever possible within two (2) hours of the accident occurrence,
but in any case no later than before eight (8) hours after the accident
for breath alcohol testing and thirty-two (32) hours for controlled
substance testing. An employee involved in an accident shall refrain
from alcohol consumption for eight (8) hours following the accident.
4.
Random Testing. Random testing shall be conducted on all persons
covered by this policy. Random testing shall be unannounced and conducted
with unpredictable frequency throughout the year using an established
scientifically-based selection method. Testing shall be conducted
whenever and as ordered by appropriate supervisory personnel, but
no less frequently than required by Federal law and regulations. A
minimum of twenty-five percent (25%) of the persons covered under
this policy shall be tested yearly for alcohol. A minimum of fifty
percent (50%) of the persons covered under this policy shall be tested
yearly for substance abuse.
5.
Return To Work Testing. Return to work urine drug and alcohol
testing for all employees covered by this policy may be required for
anyone who previously tested at five-hundredths (0.05) or above on
blood alcohol concentration or has tested positive for controlled
substance. If return to work testing is required, the employee must
test negative before being permitted to return to work. Employees
may also be required to be evaluated and released to return to work
by a SAP before being permitted to return to work if deemed necessary
under the circumstances.
[Ord. No. 4501, 5-15-2023]
6.
Follow-Up Testing.
a.
Follow-Up Testing Of Employees Returning To Work May Be Required.
Employees who have tested at five-hundredths (0.05) or above on blood
alcohol concentration or have tested positive for controlled substance
may be required to submit to frequent unannounced random urine drug
and breath alcohol testing six (6) times in the following twelve (12)
months after returning to work. If deemed necessary, such random testing
may be continued for a period of up to sixty (60) months from the
employee's return to work date.
[Ord. No. 4501, 5-15-2023]
b.
Any employee who questions the results of a required urine drug
test under this policy may request that an additional test be conducted.
The test must be conducted on a split sample that was provided at
the same time as the original sample and the test analysis shall be
conducted at a different qualified laboratory than where the original
test was conducted. All costs for employee-requested testing shall
be paid by the employee unless the second test invalidates the original
test. An employee's request for a retest must be made to the Medical
Review Officer (MRO) within seventy-two (72) hours of the notice to
the employee of the initial test result. Requests made after the seventy-two
(72) hour limit will only be accepted if the delay was due to documentable
facts that were beyond the control of the employee.
c.
The method of collecting, storing and testing the split sample
required under this policy shall be consistent with the procedures
established in Code of Federal Regulations 49 CFR Part 40.
7.
Failure To Test.
a.
Any employee who fails to submit to the required testing under
this policy is considered to have tested positive and may be subject
to immediate termination.
b.
Any employee ordered to test shall report immediately to the
test site upon being ordered to submit to testing. No delay of any
type may be granted or taken. Delay in reporting by the employee shall
be treated as a refusal to test. Failure to provide a sufficient sample
or for providing an adulterated sample shall be considered as a refusal
to test and may be grounds for immediate termination.
H. Testing Controls.
1.
Alcohol.
a.
Federal regulations require breath testing to be done on evidential
breath testing devices approved by the National Highway Safety Administration.
An initial screening test is conducted first. Any result that is less
than two-hundredths (0.02) blood alcohol concentration is considered
negative. If the blood alcohol concentration is two-hundredths (0.02)
or greater, a second confirmatory test must be conducted. Any employee
who tests with a blood alcohol concentration of two-hundredths (0.02)
to forty-nine thousandths (0.049) may be tested two (2) more times
within a one (1) hour period. If blood alcohol remains above two-hundredths
(0.02), the employee will be removed from service without pay and
will be required to take transportation home as directed by the Policy
Administrator or the employee's supervisor. Follow-up testing will
not be done for at least eight (8) hours from the time the initial
test was completed. An employee shall not be permitted to return to
work until having tested with a blood alcohol concentration of less
than two-hundredths (0.02).
b.
Any employee who is found to have engaged in prohibited alcohol
conduct under this policy shall be immediately removed from work-related
activity. An employee who has tested at five-hundredths (0.05) or
above for blood alcohol concentration or has tested positive for controlled
substance shall not be permitted to return to work until the employee
is:
(2) Complies with the rehabilitation contract if such
is required; and
(3) Has tested negative in a follow-up test.
2.
Controlled Substance.
a.
Controlled substance testing is conducted by analyzing an employee's
urine specimen performed at a laboratory certified and monitored by
the U.S. Department of Health and Human Services for the following
controlled substances:
(1) Marijuana (THC metabolite).
(4) Opiates (including heroin).
b.
The testing for controlled substances is a two (2) stage process.
First, a screening test is conducted. If the test is positive for
one (1) or more of the controlled substances, a confirmatory test
is conducted for each identified controlled substance. The confirmatory
test is a gas chromatography/mass spectrometry (GC/MS) analysis.
3.
Any employee who tests positive on the confirmatory test shall
be interviewed by the City of Lake Saint Louis Medical Review Officer
(MRO). After reviewing the information from the MRO and considering
any additional information from the employee, the Policy Administrator
may remove the employee from work-related activity. The employee may
also be required to be evaluated by an SAP, comply with rehabilitation
if required, and have a negative follow-up test before being permitted
to return to work.
[Ord. No. 4501, 5-15-2023]
I. Employment Assessment.
1.
An employee who tests positive for the presence of controlled
substances or alcohol above the minimum thresholds set forth in the
Federal regulations shall be evaluated by a SAP. The SAP shall evaluate
each employee who tests positive to determine what assistance, if
any, the employee needs in resolving problems associated with the
controlled substance or alcohol.
2.
Assessment by a SAP does not protect an employee from disciplinary
action or guarantee continued employment or reinstatement by the City
of Lake Saint Louis. The City disciplinary policy provides guidance
to the discipline that may be imposed, unless otherwise stated in
this policy.
J. Rehabilitation Effort.
1.
Any employee who is determined to be in need of assistance for
a controlled substance or alcohol-related problem under this policy
by the SAP may be permitted to enter into a rehabilitation plan approved
by the City of Lake Saint Louis, provided the employee agrees to adhere
to the terms of the rehabilitation contract with the City.
2.
Rehabilitation assistance may only be granted to an employee
once while employed by the City of Lake Saint Louis. Failure to complete
the rehabilitation assistance plan or to adhere to the rehabilitation
contract shall be considered a resignation by the employee from employment
with the City.
3.
The rehabilitation contract shall include the following terms
and conditions to be adhered to by the employee who is granted rehabilitation
assistance:
a.
The employee shall agree to undertake and successfully complete
the rehabilitation assistance plan established for the employee by
the SAP or by a rehabilitation professional accepted by the City;
and
b.
The employee agrees to refrain from any violation of this policy
and the use of controlled substances and alcohol consistent with the
plan of rehabilitation and this policy; and
c.
The employee provides release of all medical records for use
and review by the City relating to the rehabilitation assistance plan
for the assistance undertaken and compliance; and
d.
The employee agrees to unannounced random testing for the City
determined periods of time subsequent to the employee's return to
work consistent with this policy; and
e.
The employee agrees to submit to return to work testing demonstrating
that the employee is negative under controlled substance and/or alcohol
tests standards; and
f.
The employee agrees that any future controlled substance or
alcohol violation shall be considered as a resignation of the employee
from service without recourse.
K. Contractual Support Professionals.
1.
The City of Lake Saint Louis shall secure a contract with an
appropriately certified testing laboratory to conduct the controlled
substance testing analysis and reporting required under this policy
and under the Federal regulations in conformity with the standards
established under the Federal regulations. The City may contract for
the required alcohol testing or may perform the testing using qualified
City personnel who utilize appropriate testing equipment.
2.
The City shall engage the services of an independent contractor
to serve the City as the MRO properly credentialed and trained in
compliance with the Federal regulations, who shall not be an employee
of the City. The MRO shall, as a part of the engagement contract,
maintain all relevant records and provide the required reports that
the City needs to comply with the Federal reporting requirements.
3.
The City shall appoint a SAP for the providing of services under
this policy and in compliance with the Federal regulations.
L. Education And Training.
1.
The City shall provide all employees with a copy of this policy
and materials related to the effects of the use and/or abuse of alcohol
and controlled substances. The City shall also provide information
to employees regarding treatment and rehabilitation available. Employees
shall be required to confirm receipt of this policy and any revisions
and of the educational materials, in writing, noting the date of receipt
and acknowledgement by signature witnessed by the supervisor providing
the materials.
2.
The City shall develop and provide training for all supervisors
and managers who are responsible for the administration and enforcement
of this policy. The training, at a minimum, shall include at least
sixty (60) minutes of program on the physical and behavioral effects
on personal health, safety and on the work environment and performance
indicators on the effects of alcohol use and abuse, the side effects
of abuse, and the consequences of prohibited work-related activity
involving alcohol consumption. The training shall include an overview
of this policy and its implementation and application to employees.
The training, at a minimum, shall include at least sixty (60) minutes
of program on the physical and behavioral effect on personal health,
safety and on the work environment and performance indicators of controlled
substances use and abuse, the side effects of controlled substance
abuse, and the consequences of prohibited activity involving controlled
substances. Training shall also include a component related to objective
observation for reasonable suspicion testing, documentation and record
keeping. The training may include other components that the City Administrator,
the MRO and/or the SAP believe can enhance the City program administration
and awareness of problems and treatment related to alcohol and controlled
substance use. The training may also provide components related to
City sponsored or supported referral programs and employee assistance
efforts that are sanctioned to deal with alcohol and controlled substance
use and abuse problems.
M. Confidentially. All records developed and/or acquired pursuant to
this policy shall be maintained under strict confidentiality by the
City, the testing laboratory, the MRO and the SAP, when and as applicable.
The records shall be maintained separately from other personnel records
kept by the City and shall be kept in a secured location with other
medical records. Materials shall not be released to others without
the written consent of the affected employee, except under provisions
provided in the Federal regulations, as needed with regard to the
rehabilitation contract, in litigation or quasi-judicial and administrative
proceedings related to positive test results and/or to matters initiated
by an employee.
N. Disciplinary Issues.
1.
Unless otherwise specified in this policy, the City policies
related to disciplinary action shall be followed when imposing discipline
for violation of this policy.
2.
The acceptance by an employee of the rehabilitation assistance
plan and contract does not serve as a bar to imposing disciplinary
action related to violations of this policy.
3.
Any supervisor or manager who knowingly permits an employee
to violate this policy or engage in work activity while consuming
alcohol or a controlled substance or fails to enforce this policy
shall be subject to immediate termination from employment.
4.
This policy does not displace any other penalties that may be
imposed or be incurred as a result of violation of the City policy
or State and Federal laws or as provided in the workers' compensation
laws.
O. Coordination With Other Laws And Policies.
1.
This policy shall be administered in compliance with other Federal,
State and local laws related to employee health and welfare policies,
leave policies, benefit programs and other related policies with the
City of Lake Saint Louis. In the case of apparent conflicts between
this policy, other policies and applicable laws, the Policy Administrator
shall make the appropriate rulings to resolve the potential conflicts,
whenever possible.
2.
In the event that any part of this policy is judicially determined
to be in conflict with any law or to be in violation of any law or
is rendered ineffective because of some State or Federal legislative
enactment, that part(s) shall be void, but the remainder of the policy
shall remain in effect. Parts that are void or voided shall be replaced
as soon as possible so as to maintain the full effect of this policy
and/or to bring it into compliance with relevant laws.
P. Amendments. This policy is subject to amendment by the Policy Administrator
from time to time. Amendments that are made shall be provided to employees
upon adoption and shall become effective as provided by the Policy
Administrator.