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HomeMy Public PortalAboutORD12557 BILL NO. 96-92 ` J SPONSORED BY COUNCILMAN Nilges ORDINANCE NO. JA AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,REPEALING ORDINANCE 12202 PERTAINING TO THE PERSONNEL POLICY MANUAL FOR THE MUNICIPAL ' SERVICE OF JEFFERSON CITY, MISSOURI,AND ENACTING A NEW ORDINANCE IN LIEU THEREOF. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: i. Section 1. Ordinance 12202 pertaining to the Personnel Policy Manual for the Municipal Service of Jefferson City, Missouri is hereby repealed. Section 2.The document entitled Personnel Policy Manual dated November 1, 1996, designated as Exhibit A and attached hereto is hereby adopted as the official personnel j rules and regulations for the municipal service of the City of Jefferson. j l i Section 3. This ordinance shall be in full force and effect November 1, 1996. I Passed: e C. , ��6 Approved: 'De c 3, f - Presiding Officer Mayor ATTEST: APPR VED As TO FORM: X Ao/ F f City Cl rk ---'City Co nselor y { F j 1 ' i t f . a i s• Y t ' t � ohm S` a ! . [ 1� PERSONNEL POLICY MANUAL bo k � f 0 F tip' "" spy V c M � N q } i } I 11 t NOVEMBER 1996 , Bob- 1 L ' r ' t ! t j t Q ' I r { Section 6-6. Completion of introductory period. . . . . . . . , . 17 � Section 6-7. Training period for promoted and transferred employees. , Section 6-8. Demotion during training period. 17 j 17 ARTICLE 7.POSITION CLASSIFICATION PLAN , . . . . . . . . . . . Section 7-1. The classification plan. 18 Section 7-2. Purpose of the classification plan, 18 Section 7-3. Administration of the classification plan. . . • . • . . • 18 Section 7-4, Classification of positions. 18 Section 7-5. Effect of classification changes on incumbent . . . . . . . . , • ' ' ' , • 19 ARTICLE 8. COMPENSATION PLAN 21 Section 8-1. Authority to establish salaries. . . . . . .• 21 Section 8-2. The compensation plan, . 21 Section 8-3, Standards for determination of pay ranges. 21 i Section 8-4. Amendment of the compensation plan, . . - 21 Section 8-5. Total remuneration. , I Section 8-6. Dual employment prohibited. . . . . . . . . . . . • . . .. . . 22 Section 8.7. Special assignments. . . . . . , 22 Section 8-8.Application of the compensation plan, . 22 i Section 8.9.Beginning salary. . . . . . . . . . . . . . .. . . . 23 Section 8-10. Salary increases and bonuses. . . . . . . . . . :: : : : : 24 Section 8-11. Pay rate adjustments. 24' Section 8-12. Temporary p ary assignment to higher level position. . . . . . . . . . . . 25 Section 8-13. Overtime and compensatory time. Section 8-14. Call back time. ' , ' ' ' ' ' ' ' ' ' , , • • • • • 25 : Section 8-15. Stand-by/on-call status. . . . . . . . . . • . . • . • • • . . . • . ' ' ' ' ' ' ' , • 27 27 Section 8-16. Emergency alert duty status. 27 '? Section 8-17. Pay periods;pay days. . . . . . . . . . . . . . . . . . . . . . .. . " " Section 8-18. Compensation for leave taken and hours worked above the work 28 schedule. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 9. PERFORMANCE APPRAISAL 28 ' Section 9-1.Responsibilities. . 28 Section 9.2.Employee performance appraisals, . . . . . . . . . . . .. . . . . . . . . . . . . 28 ARTICLE 10. WORK SCHEDULES AND ATTENDANCE . . . . . . , Section 10-1. Work schedules determined by department director. 29 29 i. Section 10-2. Required attendance. 29 Section 10-3. Inclement weather closings . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 29 ARTICLE 11. PAID HOLIDAYS 29 ARTICLE 12. VACATION LEAVE Section 12-1. Amount. . 30 Section 12-2. Accrual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30l` Section 12-3. Payment upon separation. . . . . . . . . . . . . • , , , , . , . . , . . , ; ; 3 i `✓ ii November 1, 1996 NNW- : h:-�5[4,:e... . ..�lii . .. • . ... ... �� .... >.� . �J..,r � �. ..... � . .. .1: t'tf. ... r :.elv f.•::7..+R=':t"•xsNrt,•t'SC PERSONNEL POLICY MANUAL TABLE OF CONTENTS ARTICLE 1-GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1-1. Purpose of rules. . . . . . . . . . . . . . . . . . . . . . . . . . • 1 Section 1-2. Positions covered by the rules. . . . . . . . . . . . . . . . . . . . . . . . . 1 v I Section 1-3. Administration of the rules: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - Section 1-4. Departmental regulations. 1 ARTICLE 2. DEFINITION OF TERMS . 2 I ARTICLE 3. GENERAL EMPLOYEE POLICIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 3-1.Equal Employment Opportunity. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 3-2. Affirmative Action Plan. . . .. . . . . 5 Section 3-3. Alcohol,Drug, and Controlled Substance Abuse. 5 Section 3-4:Acquired Immune Deficiency Syndrome(AIDS). 8 Section 3-5. Health and safety. . .. . . . .. . . . . . . . . . . • .. . . . . . .. . . 8 Section 3-6. Limitation of smoldng and tobacco use. 10 Section 3-7.Applicants and Employees with Disabilities. 10 Section 3-8. Attitude and appearance. . . . . .. . . . . . . . . . . 11 Section 3.9. Uniforms;clothing provisions. • 11 { Section 3-10. Commercial Drivers'License. . 11 ARTICLE 4. APPLICATIONS AND APPLICANTS . . . . . . . . . . . . • . . . . . . . . . . .. . 12 Section 4-1. Recruitment. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . • . . . 12 j Section 4-2.Application form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 4-3. Disqualification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. • . . 13 Section 4-4.Disqualification by reason of police record. . . . . . . . . . . . . . . . . . . 14 n Section 4-5. Examinations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 4-6.Examination administration. . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 4-7. Rating of examinations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 4.8. Medical examinations. . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 4-9. Residence requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 5. APPOINTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 15 Section 5.1. Appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 5-2. Appointment authority. Section 5.3. Appointment forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 5-4. Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 5-5. Promotion/Demotion. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 16 ARTICLE 6. INTRODUCTORY AND TRAINING PERIODS . . . . . . . . . . . . . . . . . . . . 16 Section 6-1. Purpose. 16 Section 6.2. Duration. . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 6-3. Evaluation and counseling. 16 Section 6.4. Extension of introductory period. . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 6-5. Termination during g introucto r}' period. 17 i November 1, 1996 7 I Section 17-3. Police. . . . . . . . . . . . • . . . . . . . . . • . . . . . . . . . .. . . . . . . . . . . . . 47 ARTICLE 18. RECORDS AND REPORTS . . • . . . . . • . . . . . . • . . . . . , • • 47 Section 18-1. Personnel records. . • . . . . . • . . . . . . . . . , • . .. . . . . . 47 Section 18-2. Service register. . . . . . . . ..... .. . . . . . .. .. . . . . . . . . . . .. . . . . . 47 Section 18-3. Reports. . . . • . . . . . .. . . • . . .. . . .. . . . 47 j Section 18-4. Public records. . . . . 47 ARTICLE 19. TRAVEL EXPENSES 48 Section 19-1. Policy. . . . . . . . . . . . . . . • . • . . . . . . • . . . . . . . . . . . . . . 48 Section 19-2.Travel advances. 48 Section 19-3. Reimbursable expenses. . . . . .. . . • . . . . .. .. . . . . . . . 48 Section 19-4. Non-reimbursable expenses. . . . . . .. . . . . . . . .. . .. . . . 49 Section 19-5. Vacation combined with official travel. . . . . .. . . . . . . . . . . .. . . . 49 Section 19-6. Travel reimbursement or repayment of advance to city. .. . . . . . • 49 Section 19-7. Use of personal vehicle for official business. .. .. . .. . . .. . .. .. . 49 Section 19-8. Use of City vehicles. • , •• , , , , , ,, ,• , , 49 Section 19-9. Reimbursement rates and rules, ; 49 ARTICLE 20. PROHIBITIONS AND PENALTIES . . . . . . . .. •. . . . . . .. . . . . . • 60 Section 20-1. Participation in political activities. .. . . . . . . . 50 Section 20-2. Discrimination and sexual harassment. 61 Section 20-3. Nepotism;restriction on employment of relatives. 51 Section 20-4. Outside employment. . . . . . . . . . . .. . . . . . . . .. . 51 Section 20-5. Conflict of interest. . . . . . . . . . . . .. 51 Section 20-6. Penalties. . . . . . . . . . . . . . . . . • . . . . . . . . . . . .. • . • . . .. . . . . . . 52 ARTICLE 21. MANAGEMENT RIGHTS . . . . . 52 ARTICLE 22. SAVINGS CLAUSE AND AMENDMENT . . . . . . . , f . . . . . . . . . . . • . . .. . . . . . . . . . . . . . . .. . . . . . . J2 Section 22-1. Savings clause. 52 Section22-2. Amendment. . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . 52 f November r; . �. -. �. �...' . RC7fi S£Atiu '�Fi•-:Y?e,�.:'q{�'*'�.r�vLF4.;y.:rt�;:t�?X,ri„,.l�:t„h,.n�. r;',ftw is1.:,..�,rJ. At.':da, ��. h j:J'. :r{,. :i. rt1.+°r.••�ert,�nr"��S>r•£r,'1'":7:'A. 1 ,F. � t Section 12-4. Holidays occurring during vacation period. . . . . . . . . . . . . . . . . . 32 Section 12-5. Police and fire department vacations. . . . . . . . . . . . . . . . . . . . . . 32 Section 12-6. Use of vacation leave. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . , . 32 ARTICLE 13. SICK LEAVE . . . . .. . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 13-1.Amount. . . . . . . . . . . . .. . . . . . . . . . . . . 32 Section13-2.When taken. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 13.3.Accrual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 13-4. Incentive program. . . . . . . .. . . . . . . . . . . . . :. . . . . . . . . . . . . . 33 ARTICLE 14. SPECIAL LEAVE . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . 34 Section 14-1.Approval authority. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 14-2. Court leave. . .. . . . .. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 14-3.Military leave. . . . . .. . . . . .. .. . . . .. . . . . . . . . . . . . . . .. . . . . 34 Section 14-4.Military training leave of absence. .. . . . . . . . . . .. .. . . . .. . . . . 35 Section 14-5. Blood donation leave. . .. .. .. . . . .. .. . . . . . . . . . . . . . . .. . . . . 36 Section 14-6. Maternity leave. . . . . . . . . . . . . . . . .. . . 36 Section 14-7. Family and medical leave . .. . . 36 Section 14-8. Occupational injury leave. 37 Section 14-9.Absence without leave. .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 37 Section14-10. Funeral leave. . . . .. .. . . .. .. . .. . . . . . . . . . . . . . . .. .. .. . . 38 - /' Section 14-11. Education leave. . . .. .. . . . . . . . .. . . . . . . . . . . . .. . . . .. .. . . 38 Section 14-12. Special assignment leave. . . . . . . .. . . . . .. . . . . . . . .. .. . . 38 ARTICLE 15. OTHER FRINGE BENEFITS . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . 38 I Section 15-1. Health and life coverages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Section 15-2. Cafeteria Plan.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 38 Section 15-3. Retirement plans. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 39 Section 15-4, Deferred compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section 15-5, Credit union. . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . 39 I n Section 15-6. Employee assistance program. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 I ' Section 15-7. Long-term disability insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section 15-8. Education plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 f Section 15-9. Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 40 ARTICLE 16. SEPARATION AND DISCIPLINARY ACTIONS 40 `- Section 16-1. Resignations. . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 ! Section 16-2. Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Section 16-3. Reduction in force;lay off. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Section 16-4. Return of city property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Section 16-5. Discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 �. Section 16-6. Disciplinary actions defined and predisciplinary hearin g. . . . . . , . 44 Section 16-7. Retirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Section 16-8. Honoring of retirees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 5" ARTICLE 17. CONFLICT RESOLUTION AND APPEALS • . • • • • • • • • • • • • • • • • • • • 46 Section 17-1. Conflict resolution 46 Section 17-2. Conduct of investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 November 1, 1996 f F . r x I� I I ARTICLE, 2.DEFINI'T'ION OF TERMS I The following words and phrases shall have the meanings rules except where tine context clearly indicates otherwise. indicated throughout these Anniversary date, Date of appointment or promotion to a position in the municipal service or date of transfer to a different class in the municipal service for current period of continuous service. Persons appointed to city service prior to November 1, 1982, shall have their most recent merit pay raise date serve as their anniversary date. f� AUofntine allthO'it. The appointment and removal of subordinate ip spit onsin any office,department,or division of any person or or group of persons having the power by virtue of ordinance or other lawfully +� delegated authority to make appointment to positions in the municipal service. I Anpo1_ n_tent, The designation to a Position in has qualified for the a P the municipal service of a person who appointment through an appropriate selection process. Certification, The act of supplying an appointing authority with an a ProPriate number of names of applicants who are eligible,in accordance with legal provisions and these rules, for appointment to a position. City administrator. The duly appointed city administrator of the City of Jefferson or his designee. Class. One or more positions sufficiently similar in respect to assigned work duties and responsibilities that the same class title may be reasonably and fain used to designate each position allocated to the class, that the same minimum education and work experence qualifications may be required, and the same salary range may apply with equity. Classification. The original assignment of a position to an a ppropriate class on the basis of the nature, difficulty,and responsibility of work to be performed. Class series. The arrangement in sequence of classes that are alike in kind of work and responsibility, but not at the level of assigned work and responsibility. If , Conflict resolution. Conflict resolution is the procedure used to resolve relating to employment,personnel rules and re s, r complaints between an employee and his supervisor or other regulations, esg conditions,or relationships Covered employee An employee who is covered by the provisions of the Fair Labor Standards Act(P arpA) titularly as related to overtime, Demotion. The movement of an employee from a position in one class to a position in the same or other class having a lower maximum salary rate. Date of employment. The date an employee starts work as a new hire or rehire. ])ate of termination. The date an employee separates front employment. 2 November 1, 1S); •; IARTICLE, 1.GENERAL PROVISIONS Section 1-1. Purpose of rules. I It is the purpose of these rules to set forth the rinci les and P p procedures which will I be followed by the City of Jefferson in the administration of its personnel program. The; are intended to establish an efficient, equitable and functional . system of personnel administration which governs the appointment, promotion, transfer, layoff, dismissal, { .. discipline,and other related conditions of employment.They are not intended to be a contract between the City of Jefferson and its employees and do not create contractual rights for employees. The City of Jefferson reserves the right to change the Personnel Policy Manual at any time by ordinance as passed by the city council. Section 1-2. Positions covered by the rules. These rules shall apply to all positions in all departments of the.City and to such other ipositions as may be provided herein, except that provisions of a work agreement when in conflict with or supplemental*to these rules shall be the applicable rules for employees covered by the work agreement. Section I.S.Administration of the rules. (a) The city administrator,under the general supervision of the mayor, shall be �• charged with the overall responsibility for the administration of these rules. (b) The director of parks and recreation,under the general supervision of the parks I and recreation commission, shall be charged with the responsibility for the administration of these rules as they affect employees of the parks and recreation department. (c) These rules and regulations supplement the powers of the Police Personnel Board and in no way supersede the authority given to that board by ordinance. i Section 1-4.Departmental regulations. i These rules shall not be construed as limiting f any department director to make departmental rules and re way the power and authority ct ` and performance of employees. Departmental rules and regulations governing the conduct provisions of these rules. Departmental rules shall be approved by the city edmin st conflict and {I shall be published and a copy furnished each employee to whom they apply. Such rules and { regulations, when approved, published, and distributed as herein provided, shall have the force and effect of rules of that department,and disciplinary action may be based upon breach of any such rules and regulations. I i i November 1, 1996 A _ r ` t Ft Department. Any of the departments under the jurisdiction of the City or Parks and ecr ation Commission, now or as hereafter established. Department director. The officially appointed director of any department. 1•;I!Lble. A person whose name is on a current eligible list and who may under these !!( „ ( rules be certified for appointment to a position in the municipal service. I Dmergencv. A sudden and unforeseen happening that requires the unscheduled services of an employee to protect the health, welfare, and safety of the community. exempt employee. An employee who is exempted from the provisions of the Fair Labor Standards Act(FLSA)by the Act or who is not covered by the Act, particularly as it relates to overtime. Firearm. A gun that fires a projectile. Fire administration. Members of the administrative staff of the fire department including.the fire chief,assistant fire chiefs,fire training officer,public education officer,and clerical personnel. Full-time em to ee. An employee occupying a position included in the adopted annual budget that is neither specified part-time or temporary employment,nor limited for a period of less than the budget year;also any employee occupying such a position established during a given budget year unless the appointing authority certifies that such position will not be continued in the succeeding year's budget; the hours of work for which are approximately j 2080 per year. He (hhim). _i _s. As used in these rules, the words "he," "his,"and"him"shall connote both masculine and feminine genders. Immediate family. Husband,wife,son,son-in-law,daughter,daughter-in-law,mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister, sister-in-law, grandparents, and grandchildren. period.Introductory employee. A full-time or part-time employee serving a working test • � Introductory period A working test period during which a newly-appointed full-time or part-time employee is required to demonstrate fitness by actual performance of the duties of the position to which the employee is appointed. JoU Description A written statement of the characteristic duties,responsibilities,and qualification requirements that distinguish a specific class from other classes. I La -off. Employment separation made necessary by lack of work or funds or other reasons not related to fault, delinquency, or misconduct on the part of the employee. r 3 November 1, 1996 I 6..+.... �. I i Original employment date. first date of official appointment to a position in the municipal service and for any period of continuous service. Part-time employee. Part-time employee in these rules shall mean both part-time employee with benefits and part-time employee'ivitliout benefits. Part-time employee with benefits, An employee in a position scheduled to work less r than full time(2080 hours),but at least 1500 hours(including hours of work,vacation, sick leave, and compensatory time)in any twelve-month period. Part-time employee without benefits. An employee hired into a position scheduled for no more than 1499 hours(including hours of work and compensatory time)in any twelve- month period. Part-time employees who were allowed benefits prior to November 1, 1990 shall retain those benefits as long as otherwise eligible under the benefit plans. I Position. A.group of current duties and responsibilities assigned or delegated by competent authority, requiring the full-time, part-time, or temporary employment of one person, Promotion. The movement of any employee from a position of one class to a position of another class having a higher maximum salary rate. Promotional list. The names of persons currently in the municipal service who have applied and are qualified for appointment to a position in a class having a higher maximum salary rate. i Training period, The working training• -riod served by promotional appointees and employees transferred to a class dissimilar to the one previously held. Reclassification. The official determination that a position be assigned to a class different from the one to which it was previously classified based on a gradual change in a position to include duties clearly outside of the current class or an immediate change in a position brought about by a division or department reorganization or redistribution of duties. Whether an employee shall be retained in a position after reclassification of the job shall be determined by his qualifications for the position as reclassified. Repositioning. .The official determination that a class of positions be assigned to a different pay range based on"internal equity"(relationship with other municipal classes) or "external competitiveness"(relationship with wage and salaries paid in the labor market), Resident. A person whose principal place of domicile is within the corporate boundaries of the City of Jefferson,Missouri. Temporary/Seasonal employee, Terms used interchangeably to describe a position comprising duties which occur,terminate,and recur seasonally,intermittently or according to the needs of the department. Such position shall not require more than 1499 hours of pay �r in an twelve-month y period. The appointing authority shall assign a projected date of 4 N ovemher 1, ]996 I f I termination of less than one year from date of hire and shall have such date made a part of the employee's personnel file. Transfer, The movement of an employee from one department,division,or unit of the municipal government to another,from one position to another position of the same class, or to another class having the same maximum salary rate involving the performance of similar or dissimilar duties and requiring essentially the same basic qualifications. Vacancy. A duly created position which is not occupied and for which funds have been f provided. Year. A calendar year unless otherwise specified in a particular section or article. j ARTICLE 3. GENERAL EMPLOYEE POLICIES Section 3-1. Equal Employment q p yment Opportunity. i It is the intent of the City that all personnel activities shall be conducted in a manner 1 that will assure equal employment opportunity for all persons, without regard to political j affiliation, race, color, religion, national origin, sex, age, or disability. This policy shall in- clude all personnel practices related to the employment_process, promotions, demotion, transfer, lay-off, termination, compensation, benefits, training, and general treatment of employees. Section 3-2.Affirmative Action Plan. The city administrator shall be responsible for the development and administration of a voluntary affirmative action plan to aid in achieving full realization of equal employment A opportunity(EEO). Such plan shall include: (a) A policy statement. i (b) Assurances of compliance with applicable EEO laws. j (c) A utilization analysis. + (d) Affirmative action goals and objectives. Section 3-3. Alcohol, Drug,and Controlled Substance Abuse. i (a) Background and Covered Employees. The alcohol, drug, and controlled substance abuse policy applies to all City employees. The Federal Department of Transportation (DOT) specifically requires additional prohibitions,notices,testing and training for employees involved with the operations of mass transit,aviation and commercial motor vehicles. Each agency of the DOT issues regulations I �j specific to their industry. The City Administrator is responsible for developing and J fir' implementing procedures for compliance with such regulations and shall issue copies of the 5 November 1, 199(i 1 I procedures to covered employees as appendices of the Personnel Policy Manual. In the event of any conflict between rules and regulations, the stricter rule or regulation shall govern. I (b) Policy Obiectives. The City has an obligation to its employees to take reasonable steps to ensure a drug free and safe,place to work. The City also has an obligation to the citizens of Jefferson City and the public at large to provide quality and safe services through a policy and program prohibiting alcohol,illegal drugs,and controlled substances in the workplace, r � (c) Policy Statement. The City prohibits the unlawful manufacture, distribution, f dispensing, possession or use of alcohol/intoxicants,drugs, and controlled substances in the workplace. Any employee who violates this policy will be subject to disciplinary action,which f may include termination. (d) Prohibitions. The mayor,city council,and city administrator of the City of Jefferson reaffirm the City's policy that,as a condition of employment,all employees will abide by the policy or a drug-free workplace and adhere to the following Y g p g prohibitions: (1) No employee shall report to work under the influence of alcohoUntoxicants, drugs, or controlled substances. } (2) Employees shall not unlawfully manufacture,distribute,dispense,possess,or use illegal drugs or controlled substances in any manner(i)on City premises or in City vehicles at anytime,whether or not performing City business,or(ii) while performing City business at any location. An employee convicted of violating any criminal drug statute on or off City property will be subject to disciplinary action,including termination. This section does not apply to any ; employee performing law enforcement responsibilities. (3) Employees shall not use City property or their position with the City in any way to make or traffic alcohol/intoxicants, illegal drugs, or controlled substances for their own purposes. (4) Employees shall not engage in any other illegal use,possession,or trafficking of alcohol/intoxicants,illegal drugs,or controlled substances in a manner which is detrimental to the interest of the City of Jefferson. (e) Notice of Conviction. Any employee convicted of a criminal drug statute violation occurring in the workplace will notify the city administrator of such conviction no later than five days after conviction. (f) Notice of Legal Dives or Medications. Any employee who is taking a drug or medication, whether or not prescribed by the employee's physician, which may adversely J affect that employee's ability to perform work in a safe or productive manner is required to report such use of medication to his or her supervisor. This includes drugs which are known ;Tr or advertised as possibly affecting judgment, coordination, or any of the senses, including w those which may cause drowsiness or dizziness. Employees shall not commence or continue to work if they are uncertain whether they can perform their duties safely. -� ii Novemhcr 1, 1996 f • 1r • • 1 (g) Drug Awareness Program. Employees are made aware of the drug-free workplace I policy and the dangers of drugs in the workplace through the display and distribution of informational material. The information includes the effects and consequences of drug use on personal health,safety and the work environment,and the manifestations and behavioral cues that may indicate drug use and abuse. Supervisors receive 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable drug use and 60 minutes of training on alcohol misuse. The program also includes information about the j availability of drug counseling and rehabilitation as provided by the Employee Assistance Program described in Section 15-6. (h) City's Right to Search. When the City has reason to believe an employee is violating j any aspect of this policy,the City may ask the employee to submit immediately at any time (including breaks and the meal period)to a search of the person and/or to make any locker, lunch box, briefcase, purse, pockets, wallet, personal belongings, desk, vehicles, or other receptacle the employee uses or has access to, available for inspection. Entry on City premises constitutes consent to searches and inspections. Refusal to consent to a.search or inspection when requested by the City constitutes insubordination and is a violation of City l policy. W City's Right to Test. An individual shall not be hired to perform a safety sensitive function unless the individual passes a drug test of urine for evidence of marijuana,cocaine, opiates, phencyclidine(PCP), and amphetamines. All new hues and re-hires of full-time, part-time,or temporary/seasonal employees may be required to take a urine or other medical test and to agree in writing to allow the results of those tests to be furnished to and used by the City. Those persons who do not pass such test(s)shall not be employed. An employee performing a safety sensitive function who is reasonably suspected of using alcohol or a prohibited drug, when a supervisor who is trained in the detection of i alcohol and drug use can substantiate physical indicators of probable drug use, may be I required to take a drug or alcohol test(s)or both. A supervisor's reasonable suspicion must be based on specific contemporaneous,articulated observations concerning the appearance, behavior, speech or body odors of the driver. Alcohol testing may also be performed just before or just after the work shift of the employees. An employee who performs a safety-sensitive function that either contributed to an accident,or cannot be completely discounted as a contributing factor to an accident,may be required to take a drug test(s). Employees who perform safety sensitive functions are subject to drug testing on an unannounced and random basis. 0) Disciplinary Action for Violation of the Policy. Any employee who violates any aspect of this policy,including refusal to submit to any of the above described searches,inspections, or testing when requested by the City, will be subject to disciplinary action as described hi Section 16.6, which may include termination. Failure to provide adequate breath or urine may constitute a refusal to test if a medical evaluation determines there is no medical condition preventing the employee from providing the sample. When the City has reason to believe the employee is violating this policy,the employee may be suspended immediately pending investigation. 7 Noveniher 1, 1996 e • f j (k) Response to Questions about the Policy. The City Administrator has been designated as the person responsible to answer questions about the alcohol and drug testing program. Section 3.4.Acquired Immune Deficiency Syndrome(AIDS). The unfortunate spread of AIDS in recent years has presented a need for a policy regarding the employment of those who have,or may have,this disease. Medical experts and medical evidence available to date has shown that casual workplace contact with employees who have AIDS, or who have been exposed to the AIDS virus, will not result in the transmission of AIDS to others. { The City of Jefferson policy will be to employ persons who have AIDS,or are suspected of having AIDS,so long as such persons remain qualified to perform their jobs in accordance with City standards. Some exceptions or deviations to this policy may be necessary for certain positions,but the City's intent will be to maximize the employment opportunities of AIDS patients,while at the same time preserving the safety and morale of all employees. .. i The City will stay abreast of the latest medical knowledge regarding this disease. If it ever appears that the implementation of this policy may present a danger to'employees, appropriate revisions will be made. i f Section 3-5. Health and.safety. All employees shall be responsible for performing work assignments in a safe manner. Prime consideration shall be given to safety in all work situations. , • f (a) All employees shall: (1) Be thoroughly familiar with safety requirements and practices ap- plicable to their respective work assignments. (2) Actively observe safety practices, and report unsafe or potentially dangerous conditions and accidents or injuries to their supervisor immediately. (3) Refrain from engaging in horseplay, wrestling, hazing of co-workers, and any other unsafe practice under penalty of disciplinary action up to and including dismissal. (4) Wear protective equipment,use protective devices and wear safety belts � in all city vehicles so equipped. (5) Report to supervisor any suspension, revocation or other loss or potential loss of the right to legally drive a motor vehicle if driving a City vehicle is a responsibility or privilege of the job. (6) Employees who are responsible for driving City vehicles must be ti properly licensed at time of employment or assignment to a vehicle and November 1, 1996 M1 L • i I upon each license renewal date and must complete driver training or ^•t driver performance qualification checks as required by the department before operating City vehicles. (b) The City will pay for immunizations when approved by the department directors. (c) The City may retain a medical services provider to perform medical and related services for the City. These services may include pre-employment'physicals, disability retirement physicals,examinations and or treatment of on-the-job injuries,and verification of illness and injury,wellness programs among other services. An employee may be directed by his supervisor to see a City selected physician(s) at the expense of the City,and it will be the responsibility of the employee to make any scheduled appointments with the retained physicians(s). For charges not covered by Workers'Compensation,the City will pay for the cost of the examination only. Any referral or additional charge outside the examination can be submitted to the City's health plan,with the employee responsible for any portion not paid by the health plan. (d) Partial reimbursement of the cost of approved safety eyeglasses and approved i safety boots or shoes shall be provided for all employees whose jobs warrant such protection as designated by the department director. Reimbursement rates are $100 for prescription safety eye glasses. The reimbursement rate for safety boots or safety shoes shall be $80 per pair. These reimbursement rates shall apply to reimbursements for replacement of safety glasses and footwear due to normal wear. Employees must present their worn out glasses and footwear for their supervisor's authorization before obtaining replacements. Replacements and repairs may be made without cost to the employee if the glasses or safety footwear are accidently damaged in the course of the employee's job performance. The City will provide non- prescription safety glasses at no cost to employees. (e) The City subscribes to the concept of safe work environment also through its efforts to prevent workplace violence. Workplace violence includes, but is not limited to, I � harassment, threats, physical attack, or property damage. A threat is the expression of an intent to cause physical or mental harm regardless of whether the person communicating the i threat has the present ability to carry out the threat and regardless of whether the threat is contingent,conditional,or future. Physical attack is unwanted or hostile physical contact i with another person such as hitting,fighting,pushing,shoving,or throwing objects. Property j damage is intentional damage to property which includes property owned by the City, employees, or others. It is a violation of this policy to engage in any act of workplace violence. Any employee who has been determined to be in violation will be subject to disciplinary action up to and.including termination and,depending upon the violent act,may be subject to criminal sanctions. Prevention efforts include, but are not limited to,informing employees of this Policy,instructing employees regarding the dangers of workplace violence,communicating the sanctions imposed for violating this policy,and providin a reporting procedure within which ` to report incidents of violence Aithout fear of reprisal. November 1, 1996 ti 1 Each incident of violent behavior,whether the incident is committed by another employee or an external individual such as a customer,vendor, or citizen,must be reported to department or division directors who will assess and investigate the incident and determine through the appropriate consultation with Human Resources,Law and Police what action will be taken. In critical incidents in which serious threat or injury occurs, emergency responders such as the Police or ambulance personnel must be immediately notified. Any employee who acts in good faith by reporting real or implied violent behavior will not be subjected to any form of retaliation or harassment. Any action of this type resulting from a report of violence must be reported to the appropriate staff for investigation and decision regarding proper action. Following are policy guidelines for employees to follow if an incident of violence should occur: Be alert and aware of surroundings at all times. The more alert employees are, the less likely they are to panic. Employees should mentally rehearse the course of action they would take in the event of violence on the job. If confronted,do not panic as this could provoke undesirable behavior on the part of a violent individual. Employees should not { jeopardize their safety when requesting assistance. Be discreet about requests for assistance as not doing so could cause violence to escalate. Be observant and look for distinguishing features of individuals who are causing a problem or confronting them or other employees. Observe the vehicle and firearms,if involved. The scene of the incident should be preserved as it is until investigated. Employees will be asked to document in writing any incidents of violence that occur. M It is prohibited to carry a firearm while on duty or to bring into or be in possession of a firearm while in a City building unless it is a job requirement. { Section 3-6.Limitation of smoking and tobacco use. Employees are not allowed to smoke in City buildings. i Employees that smoke or use smokeless tobacco outside, whether on or off City property,should consider common courtesy and their public image when using tobacco on the job. To this end, employee gatherings at the designated smoking areas outside of public buildings should be avoided;employees should not smoke near air intakes,open windows and doors; and employees should always properly dispose of tobacco waste products. Employees may smoke when operating City vehicles upon the discretion of the primary user when there are only •mokers in the vehicle except when smoking would be a i safety hazard. Ashtrays shall be.used when smoking in City vehicles. Section 3-7. Applicants and Employees witb Disabilities. G Assistance shall be available to applicants with disabilities that may require personal assistance to participate in the selection process. Such assistance shall include but 10 November T , l i not be limited to providing readers for the vision impaired and written materials for the hearing impaired. In determining whether an applicant or employee with a disability shall be accommodated,the following shall apply. The applicant or employee must make a documented request for reasonable accommodation. The dcpartincnt director and supervisor, if applicable, j shall consult with the disabled individual regarding an appropriate accommodation. If the i accommodation does not impose an undue hardship,the accommodation shall be implemented. Assessing the reasonableness of the possible accommodations shall include the following factors: (a) how well it accommodates the needs of the individual with a disability f (b) how reliable it is (c) whether it can be made available in a timely manner i (d) and whether it imposts an undue hardship defined as an action requiring significant difficulty or expense. The city administrator shall make the final decision as to whether the accommodation is reasonable and does not present an undue hardship. Employees and applicants with disabilities shall be afforded due process that provides for i prompt and equitable solutions to complaints. Employees shall utilize the conflict resolution procedure described in Article 17 of this manual. Applicants shall use the same procedure but shall file their complaint under Step 4 with the city administrator. Section 3-8. Attitude and appearance. A friendly and courteous attitude by city employees toward the public and co-workers is required at all times. Similarly, employees are expected to deliver prompt, thorough, and efficient service to consumers to the best of their ability. All employees are required to maintain a neat and clean personal appearance. Each employee shall be subject to specific department rules and regulations concerning proper clothing,personal hygiene,and grooming. Section 3-9. Uniforms;clothing provisions. i The City will provide for the uniform and special clothing steeds of its employees. The needs will be met by the purchase or lease of the appropriate uniforms and clothing, and will generally include dry cleaning services where necessary. The employee will be responsible for I proper care and use of clothing and uniforms and the laundering of same,if appropriate. Section 3-10. Commercial Drivers' License. � �,. The law requires employers to make certain that drivers of"commercial vehicles," including City buses and trucks, have the required class of commercial driver license for the size wand t\Z)e of vehicle they are required to drive. Depending on the particular job requirements,City employees may be required to hosscss a Class A, 13,or C license wish air brake„ tank,or passenger 7 i Ncwc mbcr 1 , 1 U`•)7 1 tA 3 • - tt 1, • 1 r endorsements, Tile State may require a written test covering dte class vehicle o crate applicable endorsements anti restrictions. P d and the There arc three classes of Commercial Drivers License:Class A,Class B covering different types of vclthcles and different vclucle weights. Endorsements for ha materials and Class C passenger,tank vclticle,double/triple trailer and restrictions for O actul required. Written testing vacs whtlt file class license and the endorsements and re trons The i actual driving test must be taken in a vehicle fallin applies to individuals driving a vehicle for hire of less than 2G 000 a o for hazardous materials and not ca applied for. A Class E license B or C s' type Pounds GVWR not placarded 1 vehicle are required 16 persons to more. City employees driving a Class A, the applicable endorsements and d take mitten test covering the class vehicle operated and i The City may provide employees with the the testis• training and assistance necessary to comply with b and licensing rcquhrements as follows: (a) Four hours training on the written testing materials. (l)) Two hours training on the prctrip portion of the test on a vehicle similar to the one rite driver would drive during the testis ' g. g (c) Allow employees to use City vehicles,of the same class required on the job,to perform the road test segment of the testing process; and allow the em to ee , from work to take the test. P y tuttc °� Employees who are required by fife City to maintain a Commercial Drivers License Shall be reimbursed tite difference in cost of rite Class F testing and licensing Commercial Drivers License testis se g and licensing fees at time of license renewal,g fees and the • j ARTICLE 4,APPLICATIONS AND APPLICANTS Section 4-I. Recruitment. Notice of employment oPPort des ill fife municipal service shall be f announcements on official bulletin boards and in such other places as the director o resources deems advisable including,as appropriate,a nctvspa lcr in general published by posting City, Missouri, Notice of all examinations for promotion shall be published f human f g eral circulation in Jefferson ntetltocls,but need not be published ill,ny ncwspalx,r• The �nnoenccntcrtis shall s l 1)y posting and other title and salaty r;3ltge of tale class for which the examination 1l ann icenie n the n: to be Ixrfomted;the minimum qualifiattions required for the performance OI l cctff the class C1lC t1111C,place,and mantnler of making application;the closing date for rcccivin, franc of the work i. the work of the class; "�"`ti + Other pertinent.information. b 1pplicatlons;and i i 1 Section 4-2.Application form. All applications shall be made on forms prescribed by the city administrator and shall be filed on or prior to the closing date specified in the announcement. Applications may require information concerning personal characteristics, education, experience, references, and other pertinent information. All applications shall be signed and the truth of the state- ments contained therein certified by such signature' The city administrator shall require such proof if education,experience,and other claims as may be appropriate. Section 4.3.Disqualification. The city administrator may refuse to examine an applicant,or,after examination,may disqualify such applicant, remove a name from an eligible list, refuse to interview an applicant,take steps to remove such person already appointed if the applicant or employee: (a) Does not meet the minimum qualifications established for the pertinent class. (b) Has a physical or mental disability such that the person is unable to perform the essential functions of the job. (c) Tests"positive"to pre-employment drug tests,is a user of narcotics or the habitual _ use of intoxicating liquors to excess. (d) Has made a false statement in his application. (e) Has used or attempted to use political pressure or bribery to secure an advantage in the examination. (f) Has directly or indirectly obtained information regarding the examination to which, as an applicant,he was not entitled. (g) Has failed to submit the application correctly or within the prescribed time limits. I i (h) Has taken part in the compilation,administration,or correction of the examination for which application was made. (i) Has previously been dismissed from a position in the municipal service or has resigned while charges for dismissal were pending. (j)Has established an unsatisfactory employment or personnel record as evidenced by reference check of such a nature as to demonstrate unsuitability for employment. (k) Has taken for another or allowed another to take all or part of the examination, F or has been found cheating in any other way on an examination. (1) Has otherwise willfully violated the provisions of these rules. =z; lg November 1, 1996 �. ... .' .' . 'wMi�i'rS'tY.T.11/P•Tr.4i.�v...,.iwr.r�awrr.r.,.,.s..,...,.__.... _ Utl 5 rat Applications,whether accepted or rejected,shall not be returned and shall remain on file for three years unless hired. Section 4.4.Disqualification by reason of police record. Employees and applicants may have their applications rejected or be subject to dismissal if a background check reveals conviction of a felony or misdeineanor related to the job. »'• Section 4-5.Examinations. t (a) Competitive examinations_. Examinations shall relate to those matters which fairly test the aptitude,capacity,and fitness of the persons examined to perform the duties of the position sought after by them. Examinations may include written, oral,physical,or i performance tests, or any combination of these. They may talre into consideration such ....,factors as education, experience, aptitude, knowledge, physical fitness, or any other qualifications or attributes which enter into the determination of the relative fitness of applicants. Promotional examinations shall be of kind and character similar to those for j original appointment to the service. In addition to other factors, promotional examinations may take into consideration the quality and length of service where records are available to ` provide the basis for such rating. I Section 4-6.Examination administration. Examinations shall be announced and held at such times and places as most nearly meet the needs of the hiring department. The tests shall be conducted by persons designated by the city administrator except that entry-level and promotional examinations for sworn police positions shall be administered by the police personnel board. Section 4-7.Rating of examinations. (a) Sound measurement techniques and procedures shall be used in rating the results i of examinations and determining the relative standings of the competitors. In all i examinations the minimum ratings by which eligibility may be achieved shall be set by the city administrator. (b) When a rating of training and experience form a part of the examination,the city administrator shall develop such procedures for the evaluation of these factors as will serve to assist in the selection of the best qualified candidates. These procedures shall take into consideration the quality,recency,and amount of experience,and the pertinence,quality,and i amount of education. Section 4-8. Medical examinations. . I Employees must possess the prescribed standard of health and physical fitness y necessary to perform the essential functions of their job. Medical examinations when lA November 1, 1996 required by the City shall be conducted at the City's expense by a physician designated by the City. The City Aill pay for the cost of the examination only. Any referral or additional charge outside the examination is the employee's responsibility, Section 4.9. Residence requirements. (a) All applicants for employment in the municipal service must have a principal place of domicile located within fifteen (15) miles df the corporate boundaries of the City of Jefferson,provided that all employees shall be required to have a principal place of domicile located so that they may report within thirty (30) minutes to their customary reporting station, or employees must obtain such within six (6) months following appointment to municipal service. (b) Applicants appointed to the classes listed below must be residents of the City of Jefferson,reside on property owned by the City,or move within the corporate boundaries of I the City within six(6)months of appointment. All direct moving expenses will be paid by the City. City Administrator Fire Chief City Counselor Human Resources Director City Clerk Director of Public Works Police Chief Director of Planning and Code Finance Director Enforcement Director of Parks and Recreation I (c) An extension of the six(6)month time limit established herein may be granted in unusual I ual cases by the city administrator,or parks and recreation commission,as applicable. (d) Direct moving expenses required to comply with the provisions of this section for appointees to classes other than those specifically set forth above may be reimbursed by the City in cases in which qualified candidates cannot be found residing within fifteen(15)miles iof the corporate boundaries of the City, Such payments must be approved by the city council. (e) Direct moving expenses may be paid for positions other than those listed above in paragraph(b)if a specific reason would justify such a payment. Such a payment must be approved by the city council and requires that the recipient move within the corporate limits of the City. ARTICLE 5.APPOINTMENTS Section 5-1. Appointments. Appointments to fill vacancies shall be made from a pool of qualified applicants, Vacancies in positions which require the successful completion of examination(s)are filled from a pool of qualified applicants. 1 Section 5-2.Appointment authority. The city administrator shall be the appointing authority in all departments, except parks & recreation and the police department. The parks and recreation commission is the I appointing authority for. the parks and recreation department and may delegate that authority to the director of parks and recreation through formally adopted by-laws. i lg November 1, 1i19(i R , 0 I I Appointments to the police department are made by the mayor and a I council. approved by the city Section 5.3.Appointment forms. No duly appointed employee may be placed on the payroll until all appointment forms have been properly signed by the city administrator and pre-employment forms completed and signed by the employee. n . Section 5-4. Transfer. may filled A position � y be lied by transferring an employee from a position having the same maximum salary rate. Inter-departmental transfers must be approved by the requisitioning department and employee concerned. The relinquishing department may delay the transfer until the beginning of a pay period,but not for a period in excess of three(3)weeks. Section 5-5. Promotion/Demotion. A position may be filled by selection from qualified employees in another class having C i a lower/higher maximum salary range. Upon notification of a promotion/demotion, the I relinquishing department may delay the promotion/demotion until the beginning of a pay I period but not to exceed three(3)weeks. ARTICLE 6.IN'T'RODUCTORY AND TRAINING PERIODS Section 6-1. Purpose. The introductory period shall be an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee or rehired employee to the position, and for replacing any employee whose performance does not meet the required work standards. A new employee who has not successfully-completed an introductory period and/or extension thereof,shall not have access to conflict resolution or appeal privileges. Section 6-2. Duration. All original appointments and re-employments p yments to full time and part-time positions shall be tentative and subject to a introductory period. For entry-level personnel in the police department and entry-level fire suppression personnel in the fire department, the introductory period shall be one year from the date of appointment. All other appointments shall be subject to an introductory period of six months. Section 6-3. Evaluation and counseling. Supervisors shall observe the employee's work performance and shall counsel an introductory employee whose work performance is marginal or inadequate. Employees must 16 November 1, 1996 ...:i, + re:.<:".'..ry:ir.l�.s�tF:!.:.':..le rfn,..✓:':I'1." ..; ` - + 11H u.--. � ' i be notified in writing of the steps that must be taken to achieve an acceptable level of work performance. Section 6-4.Extension of introductory period. With the approval of the city administrator,an appointing authority may extend the introductory period to a maximum of fifty (50) percent of the original length of time if unusual or extenuating circumstances exist. Section 6.5.Termination during introductory period. An employee terminated during the introductory period shall not have access to the conflict resolution or appeal processes. The department director shall fill out the appropriate personnel action forms when a decision on termination has been made,and such termination will be official when such forms are signed by the city administrator. Section 6.6. Completion of introductory period. At least ten(10)working days prior to the expiration of an employee's introductory period and in such manner as the city administrator may prescribe,the department director shall notify the city administrator in writing whether the services of the employee have been osition. The employee shall satisfactory and whether the employee will be continued in his p have the opportunity to read and sign this notice.period shall hall v completely administrator of a favorable report, the employee's introductory p I Section 6-7.Training period for promoted and transferred employees. f The training period for promoted employees and employees transferred to a different I class shall be the following transfer or promotion from one classification to period of time ` another within city service,with duration as set out in section 6-2,which shall be regarded ` as an integral part of the examination process and shall be utilized for closely observing the i employee's work, for securing the most effective employee hose performance does promoted employee to the position,and for replacing y period shall have conflict resolution the required standards. An employee serving a training p privileges except in matters relating to the employee's status in the position in which the employee is serving the training period. Section 6-8.Demotion during training period. An employee serving a training period after a promotion who exhibits inadequate the performance after counseling shall be exissteThe depart position ent directorshalllnotify the c ty promotional appointment it a vacancy administrator in writing of his intentions to demote an employee as provided in this sectrrior If approved,the employee shall be notified in writing not less than five(5)working days p does not exist in a posion in the class hel to the effective date of demotion. If a vac be�terniinated in a cordance with the provisions �. prior to the promotion, the employee may of Section 16-2. moo' 17 November 1, 1996 t f , ! s ' 1 ARTICLE 7.POSITION CLASSIFICATION PLAN Section 7-1. The classification plan. A position classification plan based upon and graded according to assigned and responsibilities shall be maintained by the city administrator to rovid andardi ation and the proper classification of all full time positions in the service of the City. With the approval of the city council and as adopted by ordinance, class titles may be established, combined, abolished, or changed. The position classification plan shall include: (a) An outline by title and arranged in appropriate occupational grade of classes of positions in the municipal service P groups recommended by the city administrator and approved by the city council. (b) Class specifications for Each title in suc administrator. h form as prescribed by the city Section 7-2.Purpose of the classification plan. (a) To provide like pay for like work. (b) To establish educational and work experience qualifications, standards for recruiting, testing, and other selection purposes. (c) To provide the appointing authority with a means of analyzing work distribution, areas of responsibility,lines of authority,and other relevant relationships between individual 1 and groups of positions. j (d) To assist the appointing authority in determinin Projections for annual budget requirements. g Personnel service costs and i te) To provide a basis for developing standards of work performance. (f) To establish lines of promotional opportunity. (g) To indicate employee training needs and development potentials, (h) To provide uniform and meaningful titles for all positions. (i) To provide the fundamental basis of the compensation program and other aspects of the personnel program. Section 7-3.Administration of the classification plan. The city administrator shall conduct position classification studies at such times as he deems it necessary or whenever the duties and responsibilities of existing positions have �J undergone significant change. The city administrator may also do so when notified that new ]S Noveml.>cr 1, 19J(i r i i positions are to be established or upon request of a department director or affected employee, ' or if the classification of such position has not been reviewed within the last twelve (12) months. If the city administrator finds that a substantial change in organization, the creation or change of positions,or other pertinent conditions make necessary the amendment of an existing class title and/or grade, the classification plan can be amended accordingly, subject to approval by the city council. i Section 7-4. Classification of positions. �. (a) Each position in the classified service shall be classified at the direction of the city administrator to its appropriate class in accordance with the knowledge,problem solving, decision making, supervision and working conditions required by the work. Positions shall be assigned to a specific class when: j (1) The same descriptive title may be used to designate each position in the class. (2) The same character and levels of work, knowledge, problem solving, decision making, supervision and working conditions are required o£ incumbents. (3) Similar tests of physical fitness may be used to determine physical ability to do the job. -� (4) The same range of compensation will apply equally under substantially the same general employment conditions. (b) All classes of positions involving the same character of work,but differing as to ` level of knowledge, problem solving and decision making shall be assembled into a class series of two (2)or more levels. (c) Compensation or present pay range shall not be a factor in determining the iclassification of any position or the standing of any incumbent. (d) In allocating any position to a class, the specification for the class shall be considered as a whole. Consideration shall be given to the general duties, specific tasks, responsibilities, required education, and certification or licensing qualifications for such position, and the relationship thereof to other classes. The -xamples of duties set forth in such class specification shall not be construed as all inclusive or restrictive,and an example of a typical task or a combination of two or more examples of work performed shall not be taken,without relation to all parts of the specification,as determining that a position should be included within a class. (e) It shall be the duty of department directors to report to the city administrator an y and all organization and program changes which will significantly alter or effect changes in existing positions or positions proposed to be established. When any department director 19 November 1., 1996 4 F , 44 � • E i- ' f requests the establishment of new or additional positions, or a change in allocation of an existing position, the director shall address the request to the city administrator, - accompanied by a statement of the work duties and responsibilities and qualification requirements of the position, and a current organization chart. Section 7-5.Effect of classification changes on incumbent (a) Whenever the title of a class is changed without a change in duties and responsibilities,the incumbent shall have the same pay in the retitled class as he had in the former class. (b) When a position is reclassified to a class with a higher maximum salary rate,the city administrator may provide the incumbent of the position the same status in the new pay range as he had in the former,only if the following conditions are met: j (1) The reason for the reclassification of the position is the accretion of new 1 duties and responsibilities over a period of one (1) year or more I inunediately preceding the effective date of said reclassification. (2) Such accretion of duties has taken place during the incumbency of the present incumbent in said position. (3) The added duties and responsibilities upon which the reclassification is based could not reasonably have been assigned to any other position. (4) The employee occupying a position which has been reclassified shall continue in the position only if he possesses the qualifications or training and experience required for such classification. An employee whose position is reclassified by virtue of a gradual change in the duties and responsibilities, and not because of assignment to another position, shall be eligible to qualify for the position under the new classification by successfully passing a non-competitive qualifying examination when such position normally requires competitive examination. If the employee fails the examination for the higher classification within the thirty (30) day period, this fact will render him ineligible to continue in the position. (c) When a position is reclassified to a class with a higher maximum salary rate and the reclassification is due to immediate reorganization,redistribution of work responsibilities or new duties and responsibilities,and the incumbent possesses the minimum qualifications, the city administrator may approve an increase at least to the minimum of the new salary range or higher in the range generally with a total increase of 4%. j (d) Whenever a position is reclassified to a higher class and the incumbent does not possess the minimum qualifications of the position, the incumbent shall not continue in the I position. In any case in which an incumbent is ineligible to continue in the position and is not assigned to another position, the layoff provisions of these rules shall apply. i (e) All personnel actions and changes required by the reclassification of a position I shall be completed within a period of thirty (30) calendar days following the date of such reclassification notice to the appropriate department director. ( i 20 November 1, r v I �1 ARTICLE 8.COMPENSATION PLAN Section 8-1.Authority to establish salaries. city council shall establish pay ranges•df sratnd come m. ions,orpemployees under The y ecial boas y jurisdiction of the city administrator,sp I its jurisdiction. Section 8-2. The compensation plan- l service shall include I compensation plan for the municipal ! The compens p (a) A schedule of standard salary ranges inchcating the minimum,maximum,and mid ' point for each pay range number. l (b) A list of classes of positions with the salary range number and the number of 'atithorized positions in each classification- asse (c) Supplements, amendments, by the and/or revisions,from time to time,as P ; city council. Section 8-3.Standards for determination of pay ranges. be es shall be related directly to the position classification plan and shall difficulty Pay rang es of pay for other classes,the relative f employees determined with due consideration to rang for similar employment in and responsibility of work,the recruiting orevpailingcrat shof pay situ,cost of living factors, in particular occupational . dic The minimum and maximum private and other public jurisdictions in the area,employee turnover, the financial policies and economic considerations of the city, e financial a ay assigned the classes of positions shall be those which most nearly reflect these rates P factors. Section 8.4.Amendment of the compensation plan. employee in the municipal service may initiate a written request to the • I Any officer or em p a plan. The city administrator shall s on city administrator for the amendment of the request and shall notify in writing, and make his determination concerning disposition of the request. and department concerned of the disp the city re aration of each annual budget, as well as at other times, Prior to the p P aeative salary studies as he deems necessary,or is instructed administrator shall make comp factors affecting the level of salaries studies,the city by the city council to make,concerning e and salary eminent to service. On the basis of the nfto the city council such repositioning ompenses pertinent Program. administrator shall recommend competitiveness of the overall the internal equity and external comp range changed according to the plan Employees affected by repositioning shall have their pay be ositioned in the new pay range up or down to the same relative status as their and may P pay in the former range. ho�emher ], 199G 21 I 1 In arriving at such salary recommendations, the city administrator shall take into consideration the advice and suggestions of department directors and appointing officers as to the duties, degree of responsibility,and working conditions involved. Recommendations made by the city administrator for the amendment of the compensation plan for repositioning or reclassification of specific classes of positions shall be submitted to the city council. When passed by the city council,these amendments shall become part of the compensation plan and shall become the current official salary schedule applicable to the respective classes of Positions as enumerated therein,and shall be used by all departments in connection with all payrolls,budget estimates,and official records and reports relating to salaries and wages of Positions in the municipal service. Section 8-5. Total remuneration. (a) Any salary rate established for an employee shall be the total remuneration for the employee,not including reimbursement for official travel or other authorized allowances. Except as otherwise provided in this article,no employee shall receive pay from the City in iaddition to the salary authorized under the schedules provided in the pay plan for services rendered by him,either in the discharge of his ordinary duties or any additional duties which may be imposed upon him or which he may undertake or volunteer to perform. (b) In any case in which part of the compensation for services in a City position exclusive of overtime services,is paid by another department,division,or an outside agency such as the county,state,or the federal government,or from a different fund or account,any such payments shall be deducted from the compensation of the employee concerned, to the end that the total compensation paid to any employee from all sources combined for any period, shall not exceed the amount payable at the rate prescribed for the class of position to which the employee is certified and assigned. Section 8-6.Dual employment prohibited. I t No regular employee holding a position in the municipal service shall be eligible for employment in any additional full-time position in the municipal service. A regular employee may be employed in an additional part-time position in the City if approved by the city administrator. Section 8-7.Special assignments. Employees assigned to undercover work which causes the individual to mock employment with an organization other than the City of Jefferson shall reimburse the city for any earnings in excess of earnings provided by the City. 1 Section 8-8.Application of the compensation plan. The compensation plan, containing standard salary ranges for respective classes of positions, shall be applied to all such classes of positions in accordance with the following: (a) Rates. All rates prescribed in the ranges of pay represent the total remuneration, including pay {n every form authorized for full-time employment. Where employment in a v' 22 I\avemlx'r 1. 1`.14!(i i i position is an a part-time basis,that is,where the weeps work is less than an ordinary work week, or where the day's work totalled weekly on a continuing basis i consists of less than the ordinary work week total,or where the day's work on a continuing i basis servicesshallsbe compensated on the bass of the equivalent valent ourly rate for full-time day, such I employment. (b) Minimum and maximum r rate.UExceptaas o h ise provided in this policy, a minimum and a maximum salary appointment to any position shall be made at the minimum rate and advancement by successive steps from on the basal of meritorious service and efficien ymum rate for the and to class shall (c) Eouival�compensation. It shall be permissible,in the interest of the service, to pay equivalent compensation on any time basis than that specified in the salary range;ve provided, that in determining the equivalent rat a erof ttimee hall the Abe taken las ` earnings for full-time employment during a gi ven determining equivalency. l (d) Part-time. i=e a basis of the equivalen hourly ra a paid for full-time employment and +� lbe compensated on the shall be paid for only those hours which they actually work. c Section 8-9.Beginning salary. The minimum rate of pay for a class shall normally be Paid to any perso n on his al original appointment to a position in the municipal service. Origin igin- -appointment trtor subject to the minimum rate may be made upon the app following conditions: (a) A full reference check must ub made ed t the city requisitioning admnvst department tor with thand riginal idocumented. All documents are to b request. (b) The applicant must exceed the educational and experience requirements for the position as set out in the official job description. vi (c) The requisitioning department vert advertised inprovide ocal and regional publications and there position opening has been extensively is a shortage of qualified persons. (d) It must be demonstrated by the requisitioning department that there are no other applicants with equal qualifications. any employee is re-employed, the city administrator may authorize an appointment at a salary level inri he termination of oflhis previous service that which the class corresponding(e) When employee had been receiving upo 23) November 1, 19 9fi i i Section 8.10. Salary increases and bonuses. Merit salary increases and merit bonuses recognize employees for high job performance and the enhancement of job skills and knowledge acquired through the employees'own efforts and initiatives. Such pay-advancements serve to distribute budgeted monetary resources to employees who distinguish themselves above the average employee. For merit program effectiveness,performance is necessarily compared to other employees to determine what constitutes average. To maintain merit program integrity, average and i marginal performance shall not be rewarded with salary advancements. Merit salary increases and merit bonuses shall be made to full time and part time with benefit employees only in accordance with this po? cy and shall be further limited to the funds available and budgeted for such advancements. (a) For employees whose salaries are below the maximum of the salary range,merit increases up to 5%of annual salary not to exceed the pay range maximum may be awarded between annual anniversary dates of employment. - i (b) For employees at the maximum of pay range,merit bonus(es)totaling up to$750 may be awarded between annual anniversary dates of employment. (c) Employees who reach pay range maximum with less than a 5%salary increase between two anniversary dates may be awarded a merit bonus not to exceed $750 or 5% which ever is less when combined with the overall annualized dollar amount of the merit salary increase. (d) Departments may establish, subject to the approval of the city administrator, career development plans for positions within their departments. The purpose of the establishment of these plans shall be to provide career paths for tenured employees to reward experience and reduce turnover. In establishing any such plan, the maximum allowable increase for qualifying employees shall be 10%within their authorized salary range which may be established as increments within the plan. Section 8-11. Pay rate adjustments. The following personnel actions may affect the pay status of an employee in the manner provided: (a) Transfer. When an employee is transferred between departments and divisions of the municipal government or between classes with the same maximum salary rate, the 4, salary rate of the employee will remain unchanged unless the current rate is below the minimum pay rate established for the class to which the employee is transferring. (b) Promotion. When an employee is promoted from a position in one class to a position in another class having a higher maximum salary,the salary rate of the promoted employee shall be increased at least to the minimum of the new pay range and may be 24 Novem'oer 1, 1996 Yvrn.,_,.,Uey,at. . ... .... .. „.. .... ...Y i.. ..... .....'�' ' _....4.'i`w r..•..ir.+,n....v....,..-..... — • r. I i increased to a higher level within the pay range, generally with a total increase of 4%, but in no case higher than the maximum of the pay range. (c) Demotion-Involuntary. When an employee is involuntarily demoted for disciplinary or similar reasons from a position in one class to a position in a class having a lower maximum salary rate,the salary rate of the employee shall be reduced at least to the j maximum of the pay range established for the class to which the employee is demoted, and the employee shall not be eligible for promotion or a merit salary increase for a period of one (1) year from the time of demotion. i (d) Demotion-Voluntary. When an employee is voluntarily demoted from a position in one class to a position in a class having a lower pay range,the rate of pay for the employee shall be reduced if necessary to place it within the pay range assigned to the lower class. The employee shall not be eligible for promotion or a merit salary increase,if not at the top of the range,for a period of six(6)months from the effective date of demotion. (e) Reclassification. When a position,is reclassified to a class having a lower maximum salary rate than an employee's current position,and this action is for the benefit of the city and the individual,and is not a demotion,the employee shall retain the same rate of pay in the new position as he had in the previous position. This action shall not affect the employment anniversary date for merit salary advancement purposes. When a position is reclassified to a class having a higher maximum salary rate than an employee's current position and the reclassification meets the conditions listed in j Section 7-5(b), the employee's salary may be positioned in the new pay range at the same relative status as in the former range. When a position is reclassified to a class having a higher maximum salary rate than an employee's current position and the reclassification is due to immediate changes as listed in Section 7-5(c),the employee's salary shall be increased at least to the minimum of the pay range and may be increased to a higher level within the pay range generally with a total increase of 4%. Section 8-12.Temporary assignment to higher level po^ition. Employees who are promoted temporarily to perform all of the duties of a supervisory position in a class with a higher maximum salary shall also have their salaries temporarily j increased 4%. Section 8-13. Overtime and compensatory time. (a) Supervisors shall develop methods and procedures to maximize productivity and j reduce or avoid the need for overtime. It is the responsibility of each employee to work as efficiently as possible to accomplish job tasks during regularly scheduled work hours. All overtime or arrangements for overtime work shall be approved by the department director in advance. A determining factor in the approval of overtime work is whether the work could i be accomplished through rescheduling of employee work hours and allowance of time off in the same work period. These factors reduce the burden of overtime on employees and avoid Lg November 1, 1996 i I J �1 + j t accrual of comp time and excessive overtime a p c in ent Overtime is based on work hours •+, , excess of 40 hours in a .168 hour period during seven consecutive 24-hour periods(standard work week). Under the provisions of the Fair Labor Standards Act(FLSA) work hours in excess of 80 hours in a 336 hour period during 14 consecutive 24-hour periods is adopted for commissioned police personnel and the work period for FLSA purposes in the fire department shall be work hours in excess of 204 in a 648•hour period during twenty-seven consecutive 24-hour periods. Hours worked in excess of a standard work week or duty tour by employees covered by the provisions of the Fair Labor Standards Act shall be compensated by payment atone and one-h'alf(1�/z)times the straight hourly equivalent rate for the classification or by the award of compensatory time off equal to one and one-half times the overtime hours worked at the discretion of the department director. Hours worked shall include hours actually worked on the City's behalf plus minimum 8-14 plus 8 hours for any holidays as provided in Secction 11( a)for certain employeesection Exempt employees shall not accrue compensatory time nor be paid for overtime. (b) Department directors shall maintain records in a form and manner approved by the city administrator on compensatory time earned by employees under their jurisdiction. No employee shall be permitted to accumulate and retain more than 240 hours of• compensatory time except public safety employees and seasonal employees who may accumulate up to 480 hours.Whether an employee is a public safety employee or a seasonal employee shall be determined by reference to the FLSA. (1) Upon termination of employment, any employee who has accumulated,./'-� compensatory time off shall be paid for unused time at one of the following rates, whichever is higher: a. The average regular rate received by such employee during the last three years of employment, b. The final regular rate received by such employee. (2) Any overtime work which will result in an employee covered under the provisions of the FLSA accumulating compensatory time above the limits set out above,shall be compensated by payment at one and one- half times the straight hourly equivalent rate for the employee's classification. (3) All departments are encouraged to utilize compensatory time in lieu of paying overtime. The departments shall make every effort to avoid either by the proper scheduling of their employees. (4) The period of work which will be used for ascertaining whether or not time worked is overtime will be determined by reference to the FLSA. (c) Department directors may require, out of necessity for the expeditious conduct of public business or for the protection of the public business or for protection of the public health, safety, or welfare, that an employee work overtime. Failure to comply with such requests shall constitute a violation of these rules and regulations and provide grounds for disciplinary action as herein provided. 26 November i, O• I� 1 i a (d) Any person hired after April 14, 1986, shall be told prior to being hired that this agreement to the requirements of dais section shall be a condition of his employment.That person shall have this section explained to him and sign a memorandum of understanding to tiie effect that lie understands his agreement to the requirements of diis section is a condition of his emplo}znent. Section 8.14. Call back time. i (a) Employees covered by PISA overtime provisions who have left their normal work place and who are called back to work shall be credited for actual time worked or a minimum of two hours,whichever is greater,except the minimum guarantee shall not apply to calls which occur within two hours of a scheduled reporting time. The minimum guarantee shall apply more than once per day if the employee has left work again and is later called back in the same day not within two hours of a scheduled reporting time.All call back time shall count as hours worked,including minimum guarantee time. Employees shall accumulate time from the time they begin to perform services for the city until they complete the services or are relieved from duty. (b) Employees who are required to appear in court in conjunction with their duties for the City shall be treated as called back employees if the court appearance does not fall'widhin their work schedule. j Section 8-15.Stand-by/on-call status. (a) The following shall be the criteria for treatment of personnel who are required to carry a communications device. I (1) Fa Any non-exempt employee who is required to carry a communications device after regular duty hours, on weekends, or holidays shall be reimbursed $7.00 per weekday or $18.00 per day for weekends and ! s holidays except for employees who are provided a communications device as a convenience in communications only and are not required to maintain a state of readiness for duty as is required of on-call status. (2) Schedule. Supervisors who have determined a need within their areas of responsibility for regularly scheduled stand-by shall prepare a duty roster to ; provide,whenever possible,one month's notice to those employees who are providing the service. The term of service shall normally,be one week in length. Section 8-16. Emergency alert duty status. nent director or duly aut]totize(i supervisor may designate an emergency alert duty A deparu status whereby employees would be immediately contacted by telephone or other acceptable means of communication. This duty status shall normally be limited to off-duty hours between r3 r^•w^'� regularly scheduled shifts or weekends. Employees shall not receive pay for this duty suuus unless they are required to report for j duty. Compensation upon reporting for service shall be in accord with pLSA and dcpart.mcnt.ntics and regulations. i. :? Novenih(w 1 t i Section 8-17, Pay periods;pay days. j Pay days shall be on a biweekly schedule with 1 day on the Friday after the completion pay y ..... of the pay period. Pay periods shall rim from Sunday through the second Saturday following, Section 8-18. Compensation for leave taken and hours worked above the work schedule. Notwithstanding any provisions contained herein to the contrary, all approved and taken leave hours based on departmental schedules,and hours actually worked within a pay period shall ( w be compensated with pay or compensatory time off. Determination of the rate,straight time or overtime,at Which they will be compensated shall be determined according to Section 8-13. - j ARTICLE 9.,PERFORMANCE APPRAISAL •Section 9-1. Responsibilities. (a) The city administrator shall develop and maintain an employee appraisal system for the purposes of evaluating individual work performance,identifying training needs and employee development opportunities, and for improving the efficiency and productivity of the municipal work force.The city administrator shall develop and cause to be maintained formal procedures to (a)assure timely completion of employee performance appraisal forms, (b)periodically review the evaluations of employees within department and work units so as to ensure the equitable administration of the system,and(c) make such studies and recommend such modifications or revisions as may be necessary to improve the system or process. (b) No later than ten (10) calendar days before an evaluation is due, the de arts director shall notify the person responsible for the evaluation. P vent I � ' (c) Each department director or supervisor who reviews or conducts an evalu ' be responsible for its quality,consistency, i y.a q u and timeliness. atlon shall equity, i (d) No public disclosure of an employee's performance appraisal record shall be made without the permission of rile employee and the city administrator. Such record shall be made available upon request to the employee;to an appointing authority when needed in connection with a potential action for promotion,transfer,demotion, or dismissal of the employee;or other j appropriate officer when needed in connection wits an adverse action,conflict resolution,or other relevant matter requiring such infornmation; and to official investigatory agencies after a I determination by the city administrator that such disclosure is in the public interest. Section 9-2. Employee performance appraisals. (a) Prior to expiration of an employee's introductory or training period, com tiered Win ( perforhhhanre appraisal forihhs must be submitted to the city adnunistrator• Original 1 i'"\ { f appointees must obtain an appraisal of marginal or better to complete introductory or training period. Failure to obtain an evaluation of marginal or better shall result in dismissal or extension of the introductory period as provided in Section 6.4. (b) Full-time and part-time employees shall be evaluated by their anniversary date. An evaluation of good/fully competent or better is required to qualify employees for a pay increase within the range of their classification. j ARTICLE 10.WORK SCHEDULES AND ATTENDANCE w ! Section 10.1.Work schedules determined by department director. Department directors shall determine and arrange employees work schedules to meet the needs of the municipal service and may allow variable or flexible work schedules. Department directors shall maintain work schedules for all employees under: their supervision on a current basis and give reasonable-notice of changes in work schedules. Section 10.2.Required attendance. I , Regular and punctual attendance at work shall be'required of all employees. I Employees who fail to observe attendance requirements and procedures for recording and reporting of attendance shall be subject to disciplinary action. Section 10-3.Inclement weather closings The city administrator shall be the only person authorized to close City Hall to business during normal business hours. Department directors are authorized to close facilities in departments under their authority. In all cases when employees are affected by the closing of facilities during normal work hours,employees shall use accrued benefits for payment of lost work hours. Employees who have no accrued leave benefits shall be allowed leave without pay. I ARTICLE 11.PAID HOLIDAYS (a) All full-time and part-time employees with benefits shall receive compensation for the following holidays: New Year's Day Martin Luther King Birthday Harry S. Truman's Birthday Memorial Day Independence Day Labor Day Veteran's Day i Thanksgiving Day Friday after Thanksgiving Day Christmas Day - 29 November 1, 1996 s t I When a holiday falls on a Saturday, the preceding F a holiday falls on a Sunday,the following Monday shall be observed. Employees required to work on a holiday shall be When worked on the holiday, given compensatory time off or compensated in money for time All employees except those covered by subsection(b)hereof shall receive credit for 8 hours worked on any holiday for purposes of computing overtime compensation under Section I 8-13. An hours actually worked on the holiday will count in addition to the 8 hours Any y for the holiday. granted i (b) Fire service personnel assigned to fire suppression duty,police personnel assigned to twenty-four hour service divisions, dispatch and patrol, and any personnel assigned to a service division which is regularly scheduled by the department director to work on all authorized holidays, shall receive holiday pay for authorized holidays and shall work on holidays as scheduled unless other available leave time has been authorized. Holiday pay for non-fire service personnel shall consist of pay for eight hours, (c) The mayor shall be the only person authorized to declare special holidays or days off as an unusual need or circumstance may occur. (d) Part-time employees with benefits will be paid four (4)hours for the holidays noted in paragraph (a) above. Any hours actually worked on the holiday shall be compensated in addition to the four(4') hours holida credit for four (4) hours worked on any holiday for ay Such employees shall receive `— compensation under Section 8.13. Purposes of computing overtime ARTICLE 12.VACATION LEAVE Section 12.1.Amount. i (a) l;acli full-time regular employee shall accrue vacation leave credit at annual rates as follow: During the first 5 years of service................................. During the 6th year of service...... 88 hours . During the 7th year of service...................................... 96 hours During the 8th year of service...... 104 hours During the 9th ear of se 112 hours During service...................................... 120 hours g the 10th year of service.............r....................... During the 11th year of service.........r........................... 128 hours During the 12th year of service.............r....................... 136 hours During the 13th year of service.................................. 144 hours During the 14th year of service............... 152 hours During the 15th through 24th year of service................. 160 hours 168 hours During the 25th and subsequent.years of service.............. 176 fours 30 Novembcr 1, ]996 1111 (b)Members of the fire service assigned to fire suppression duty shall accrue vacation leave credit at annual rates as follows: During the first five years of service................. 145.50 hours During the 6th through 10th years of service........... 169.75 hours During the 11th through 15th years of service.......... 194.00 hours During the 16th through 23rd years of service.......... 218.25 hours During 24th and subsequent years of service............ 242.50 hours i (c) Introductory employees accrue vacation leave upon successful completion of the I • introductory period and are not eligible to receive this benefit unless they have completed the introductory period. (d) Actual accrual of vacation leave shall be computed on a bi-weekly basis according to the annual vacation leave due according to an employee's years of service, Vacations shall ••.be scheduled by each department director so as to minimize overtime costs and departmental disruptions while allowing as much flexibility to the employees as possible. (e) Part-time employees with benefits shall be subject to all the provisions of this section except that vacation leave shall be credited at one half the rate shown for full-time employees. i r✓ Section 12-2.Accrual. i (a) Employees may accrue vacation leave to a maximum of 240 hours, except personnel who are FLSA exempt may accrue vacation leave to a maximum of 360 hours,and members of the fire department may accrue,a maximum of 339.5 hours or double the annual accrual rate. It is the general policy not to reimburse individuals for accrual of vacation time beyond their eligible amount. Payment for excessive accruals which cannot be taken as time off may only be paid with substantive reason at the request of the department director and ' approval of the city administrator. Vacation leave shall not accrue while the employee is absent from work without pay or is receiving benefits from LAGERS, long term disability insurance, or Workers'Compensation. (b) If an employee leaves city employment and is re-employed any time after a period of ninety days,vacation is considered as for any new employee. Otherwise,the employee may accrue vacation commensurate with total years of service. Section 12-3. Payment upon separation. Any employee with benefits leaving the municipal service due to resignation, death or termination shall be compensated for vacation credit unused to the date of termination. To be eligible for such compensation, employees resigning from the municipal service must comply with the provisions of Section 16.1 of these rules governing resignations. In the event of separation due to death of the employee, compensation shall be made to the employee's beneficiary. No accrual shall occur after date of termination. 31 November 1, 1996 r ;y . i f! { r Section 12.4, Holidays occurring during vacation Period. Any official holiday as set forth in these rules which may occur during an employee's scheduled vacation period shall not be counted as a day of vacation. For any employees covered by the provisions of 11(b),if any official holiday occurs during a period of scheduled vacation, they will receive the appropriate holiday pay in addition to the vacation pay, Section 12-5.Police and fire department vacations. l Personnel in the police and fire departments shall be eligible to use accrued vacation leave after the completion of their one year introductory periods. i ( Section 12-6. Use of vacation leave. Vacation leave may be used for the sick leave accrual. In the event an employees purpose receiving disability benefits from LAGERS, vacation leave due the employee may be coordinated with the LAGERS a l employee's benefits may be increased to not more than 1004b of his normal payments so the I as there is vacation leave to draw upon, pay as long ARTICLE 13.SICK LEAVE j Section 13-1.Amount. �� I Employees in the municipal service shall earn ten(10)hours of sick leave with credit monthly except for fire service personnel assigned pay earn twenty(20)hours sick leave with pay credit monthly.o fire suppression duty,who shall benefits shall Each part-time r I earn f P t me five employee(5)hours of sick leave with pay credit monthly, P°yes with � Section 13-2. When taken. Sick leave with pay will be granted for absence from duty because of actual personal I illness,non-compensable bodily injury or disease,exposure to a contagious dis to easeor keep a doctor or dentist appointment. Employees may use up to nine days each year,for illness in the employee's immediate family whose principal residence is in the employee's household and parents even if not residing with the em to ee for the individual involved.Exceptions to this provision madbe one else is available to care director with the approval of the city administrator if the emy granted by the department I time or vacation time. ploy has no accumulated comp Sick leave shall not be granted in cases where regular retirement or long-term disability insurance has been approved. retirement, disability Introductory employees are not eligible for sick leave pay,although sick leave accrues from the first month of employment. Full-time and part-time employees with benefits are eligible to receive sick leave pay only after they have successfully completed the introductory . period. Introductory employees may be excused from work as absent without pay under the r., 32 November 1, 1996 10.6m i ._i f conditions and terms of this section. Police and fire department personnel are eligible to receive sick leave pay after they have completed six months of their one year introductory period. When an employee finds it necessary to-be absent for any of the reasons specified herein, he shall report this fact to his immediate supervisor.purposes. Sick leave Departments may not be granted specific time frames for notice for work-related FmFthe specified time frame. unless reported to the appropriate supervisor during P `An employee must keep his department director informed of his condition if the i absence is of more than three days duration. The department director may require the employee to submit for any absence the treating physician's written notice of medical reason 1 for the absence from work. Failure to comply with the provisions of this section shall result in denial of sick leave. Abuse of sick leave shall be cause for dismissal. � i No refund of vacation time shall be allowed for illness incurred while on vacation i leave. i Any authorized absence due to injury or illness covered by Workers' Compensation ` insurance shall not be charged against an employee's accrued sick leave. If a part-time employee transfers to full-time status,the employee may use any sick leave he accumulated as a part-time employee. There shall be no compensation made for sick leave accrued when an employee leaves the employment of the City except as provided for in Section 13-4 of this manual. There shall be no use of or compensation for sick leave when an employee is transferred from full-time status to part-time without benefits status. y Section 13.3.Accrual. Full-time and part-time employees with benefits, except employees assigned to fire suppression duty,may accumulate sick leave with pay to a maximum of one thousand three hundred and ninety-two(1,392)hours. Fire service personnel assigned to fire suppression duty may accumulate sick leave with pay to a maximum of one thousand eight hundred seventy-two(1,872)hours.Sick leave does not accrue while the employee is absent from work without pay or is receiving benefits from Workers' Compensation, long term disability insurance, or LAGERS. r Section 13-4. Incentive program. Employees who voluntarily separate from City employment after a minimum of five years of continuous service shall be eligible for a payment upon separation of a percentage of the total unused sick leave hours accrued as of the time of separation,which shall be paid at the final rate of pay of the employee. The rate of payment of such unused sick leave shall be as follows: . 33 November 1, 1996 i More than 5 years,but less than 6 years: 5% i More than 6 years,but less than 7 years: 6% ! More than 7 years,but less than 8 years: 7% More than 8 years,but less than 9 years: 8% More than 9 years,but less than 10 years: 9% t More than 10 years, but less than 11 years: 101YO More than 11 years, but less than 12 years: 11% , More than 12 years, but less than 13 years: 12010 More than 13 years, but less than 14 years: 13010 More than 14 years, but less than 15 years: 149c More than 15 years, but less than 16 years: 15% More than 16 years, but less than 17 years: 1617o More than 17 years, but less than 18 years: 17% More than 18 years,but less than 19 years: 18% More than 19 years,but less than 20 years: 19% More than 20 years: 20% Employees who are involuntarily separated from service shall not be eligible for this incentive. Employees who suffer a work-related injury,which prevents their return to work, shall be treated as though they had voluntarily separated from the City. ARTICLE 14.SPECIAL LEAVE Section 14-1.Approval authority. A department director may approve requests for special leave as defined hereinafter in accordance with procedures established by the city administrator. ' Section 14-2. Court leave. Full-time and part-time employees with benefits subpoenaed as a witness in a civil or criminal case or selected to serve on a jury, shall be granted paid leave during their absence; provided, however,that all payments provided by a court for jury service shall be turned over to the employee's department director and transmitted to the director of finance for deposit as miscellaneous revenue. Essential personnel such as fire employees, police jemployees,and department directors may be required to request to be excused from jury duty by the court. Probationary employees are not eligible to receive paid court leave. j Section 14-3.Military leave. (a) Eligibility. Employees who enter the active uniform service of the United States,drafted into such service,or employees subject to compulsory service who voluntarily ' enlist,shall be granted a military leave of absence without pay to extend to three(3)months J beyond the date of termination of active uniform service.The term "uniform service"as used 34 November 1, 1996 i { v I herein shall include the Army, Navy, Air Force, Marine Corps, Coast Guard, and or Health Service as well as all auxiliary branches of said services in which either meen n or women shall be called on to serve,but shall not include services as civilian employees of any of the services. The term"national emergency"as used herein shall exist during such period as determined by the Federal government. (b) Restoration. An employee returning from military leave shall be entitled to restoration to his former position provided he makes application within three(3)months after his release from duty and has been honorably discharged and he is physically and mentally capable of performing the duties of the position involved. In the event that the position he vacated no longer exists at the time he qualifies for return to work, such person shall be entitled to be reemployed in another existing position of the same class. i An employee whose military service is compulsory due to a national emergency shall have their base military pay supplemented by the City to an amount not to exceed their regular City pay for a period of up to six months while in active duty. The remainder of military leave shall be without pay. (c) Salary. An employee returning from military leave may be reemployed at the salary he had attained when granted a military leave plus any general increases granted to all employees. He may be eligible for a merit increase upon completion of one(1)year of service which shall include his time between his last merit increase and the date military leave was granted to him. (d) Disposition of vacation and sick leave. An employee who leaves the municipal service directly for such military leave may elect to be paid for any accrued vacation as he may be entitled to if he were actually separating from the city service. His decision shall be noted on the personnel action form effecting the leave. If the employee elects not to be paid for vacation leave,accrued vacation credits shall be reinstated upon return of the employee. Accrued sick leave shall be reinstated upon return of the employee in either case. Section 14-4.Military training leave of absence. (a) All employees who are or may become active members of the National Guard, the Officers'Reserve Corps,or the Enlisted Reserve Corps of the United States Government shall be entitled to leave of absence with pay from their respective duties on all days during which they are employed with or without pay under the orders or authorization of competent authority on active training duty,duty with troops,field exercises,or instruction for a period not to exceed a total of fifteen(15)calendar days in any one(1)Federal fiscal year(Oct. 1 - Sept. 30). Employees requesting this leave of absence, with or without pay, shall provide documentation of the orders or authorization of competent authority for the time period for which military leave will be taken. (b) All employees who are or may become active members of the National Guard, the Officers' Reserve Corps,or the Enlisted Reserve Corps of the United States Government who are required to attend monthly training sessions which conflict with their normal work schedules shall give advance notification to their supervisors in accordance with departmental rules and regulations. 35 November 1, 1996 l Section 14.5. Blood donation leave. Employees may be granted time off with pay to donate blood during Red Cross blood drives on City premises. However,safety should be considered in decisions to grant time off for blood donation. If an employee's job requires active physical work, strenuous activity,if performed under very cold or.hot conditions,or if his job routinely involves any possible risks to him or the public, the employee should not be allowed to donate blood early in the work shift and come back to work. Attempts should be made to arrange these donations late in the workday so the employee will not need to return to work. Section 14.6,Maternity leave. Maternity shall be treated as any other non-duty temporary disability covered under the rules pertaining to sick leave and family and medical leave. If at any time during pregnancy an employee is aware that her and/or her unborn child's health is endangered by herj ob; she shall immediately make this fact known in writing to her department director. At such times as deemed necessary by the department director, pregnant employees shall submit to their department director a doctor's statement indicating the employee's physical I ability to perform her job. Employees returning to work after childbirth shall submit to their department director a doctor's statement indicating the employee's physical ability to return to the job. The duration of maternity leave shall be determined by reference to the family and medical leave provisions of this Article. Section 14-7. Family and medical leave Employees who have worked at least 1,260 hours in the twelve(12)months prior to a family or medical leave request shall be granted up to twelve(12) weeks of unpaid leave during any twelve (12) month period for a child's birth, adoption or foster care arrival. t, Leaves may also be taken to care for a spouse,parent or child with a serious health condition or for an employee's own serious health condition which prevents the employee from performing the functions of his or her position. A serious health condition is any illness, injury,impairment or physical or mental condition that involves inpatient cara in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider. Employees on approved family or medical leave are allowed: 1) to continue group health and disability y insurance during the leave on the same conditions as would have been provided if the employee had been continuously employed;and 2)to return to their prior job or an equivalent one in terms of salary,accrued benefits and other job conditions. Employees must attempt to schedule family and medical leave so as not to disrupt City operations. If leave is for the birth or placement of a child or for planned medical i treatment the employee must give notice at least 30 days in advance,or as soon as practical. If leave is requested for a serious health condition, the employee must provide a certification from a health care provider stating the medical facts regarding the condition, including its date of onset and probable duration. 36 Novembel• 1, 1996 IL f I •mil � ' ' If leave is requested to care for family members, a certification may be required to I state that the employee is unable to perform the functions of the job,that his leave will assist f in a family member's recovery,or that there is medical need for a reduced schedule. +� Employees may be required to substitute accrued vacation leave for any part of the I 12-week period to which he is entitled under the family and medical leave provisions. Employees returning from medical leave shall provide a certification from a health care provider that they are able to resume work. r• An employee who fails to return from family or medical leave shall repay the i) premiums which the City paid for him to keep group insurance in effect during the leave. +I Section 14-8.Occupational injury leave. (a) Any employee who sustains an on-the-job injury shall immediately report such injury,regardless of severity,to his immediate supervisor. The employee and the immediate supervisor shall prepare required reports of such injurieu and submit same to the department director and director of human resources within twenty-four(24)hours of the accident or the next business day after notification by the injured employee. i (b) Employees injured on the job are covered by the Missouri State Workers' Compensation Act. This law provides specific benefits including payment of approved medical expenses and partial payment for loss of wages. Payment for lost time commences after three regularly scheduled full days off from work. The first three full work days off are covered by the City, but if the employee is unable to return due to injury for more than fourteen calendar days, whether consecutive or non-consecutive, after the date of injury, the City Workers' Compensation program then covers partial loss of wages for the first three days. No adjustments to any leave balances nor recoupment of this money will be undertaken by ` the City. If in any pay period up to three months after the date of accident an employee does not receive sufficient wages from the City to cover a group dependent health insurance premium under the City's plan due solely to a work related injury, the City shall make up the difference between pay and the insurance premium. (c) Supervisors shall be responsible for the investigation of accidents or injuries involving employees assigned to their work unit, Every effort shall be made to determine the causes of accidents or injuries and preventive measures taken as appropriate. i Section 14-9.Absence without leave. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be grounds for disciplinary action by the department director. In the i absence of such disciplinary action,any employee who absents himself for three(3)or more days without authorized leave shall be deemed to have resigned. Such absence may be I covered, however,by the department director subsequently granting leave with or without pay where extenuating circumstances are found to have existed. 37 November 1, 1996 I r s' • i i Section 14-10,Funeral C leave. Full-time employees except fire department employees assigned duties are eligible for funeral leave of up to three consecutive days pr funeral based on need in the event of death in the immediate family. 'Members of the fire service assigned to fire suppression duty may use one working day for each funeral. Part-time employees with benefits shall be granted a maximum of twelve hours funeral leave. In extenuating circumstances,the city administrator may approve such leave for other relatives not included herein. Section 14.11.Education leave. Full-time employees may be granted absence from duty on a non-pay status for education instruction when recommended by a department director and approved by the city administrator if the successful completion of such instruction will contribute to the municipal service. Section 14-12.Special assignment leave. Full-time employees may be granted absence from duty on a non-pay status for special assignment with another agency or government with return to the City contemplated in a definite amount of time when recommended by a department director and approved by the city administrator. ARTICLE 15. OTHER FRINGE BENEFITS Section 15-1. Health and life coverages. Full-time and regular part-time employees with benefits are eligible for basic group life and health coverage. The basic life insurance coverage is the employee's salary if an even thousand, or rounded to the next higher thousand. Employees may double their life insurance coverage by paying a premium on the basis of age and salary. Current tax laws make any benefits above a certain amount taxable income to the employee. Optional life insurance at lower set coverages is available for dependents. f` I ' The City will pay the premium rate for employee health coverage. Health insurance coverage for dependents of full-time employees and part time employees with benefits is optional to the employee at a cost. Section 15-2. Cafeteria Plan. Employees who are enrolled in the medical insurance plan may take advantage of reducing their taxable income through utilization of the cafeteria plan. Additional insurances, such as dental, cancer, and intensive care are available and premium amounts ! �~ for these and dependent medical are deducted from gross income prior to income tax J 38 November 1, 1996 �I• .� 1 .� I deductions. The City may supplement employee payroll deductions for benefits by also contributing to the employees cafeteria plan. Employees may also reduce taxable income by setting aside predesignated amounts into the plan for dependent care and medical expenses not covered by insurance. Enrollment is restricted to within 30 days of employment for new employees and during an annual enrollment for current employees, Section 15-3. Retirement.plans. Full-time employees and part-time employees working 1500 or more hours per year will be f enrolled as a participating member of the local government retirement plan(LAGERS) after six I ' months of employment. Employees make no contribution to the plan. It is paid for by the City i based on a percentage of the employee's salary. Section 15-4. Deferred compensation. lFull-time employees may elect to participate in a deferred compensation program offered liy the City. The City does not participate monetarily in this program. Section 15-5.Credit union. City employees are eligible to join the Missouri State Employees'Credit Union. Employees may apply for this benefit at 1815 Southwest Blvd. Payroll deduction is offered for employees. Forms for this purpose may be obtained in the human resources office. Section 15-6. Employee assistance program. I Full-time and part-time employees with benefits and their immediate families are eligible to utilize services provided by the Employee Assistance Program(EAP). These services include I 1 individual and family counseling,legal services,and financial counseling and may be accessed by telephoning 634-8188,or supervisors may telephone the EAP and make a referral. Section 15-7• Long-term disability insurance. Full-time employees who have completed six montlis employment arc covered by the City's long-term disability program at no cost to the employee. To receive benefits under this program, an employee must be unable to work due to a non work-related illness or injury for a period of six months and the plan will generate pay 60-70%of the employee's normal paycheck. I i Section 15-8• Education plan. It is the policy of the City to encourage its employees to further their training and education above and beyond what is required for the performance of their duties as City employees. To further this policy,the City may pay tuition reimbursement to employees wllo obtain training or education at their own initiative outside of working Hours. The funding for this plan is subject to the annual appropriation process and to approval of the expenditure in advance by the department director and the city administrator. Only tuition may be now- _ ..,.:.._�_..,..,,-...M..........�....,,...,..,.".,,....,..._...... .. ......... '' i Flu i �,.,, '�3 Nnv i reimbursed, Employees shall be responsible for all books and additional items required for titc class. No City funding will be provided for tuition costs covered by federal,state or other fnarcial 1 sources. All employees requesting financial aid under the tuition reimbursement program complete a request forni and have it approved prior to attending the class. Failure t otin prior approval will prevent any reimbursement from occurring. Any employee receiving financial assistance through this program who fails to work for the City for at least six months following completion of any course shall reimburse the City for the full amount of assistance received for the twelve months prior to termination of tale employee. ' I Reimbursement under this program shall be at a level of 75%if course or training is directly related to the employees's current job and at a rate of 50%for all others. The city administrat-oes determination as to whether a course is related to an employee's job shall be final. While employees may select the provider of course services,reimbursement shall be based on the lower cost of tite organization providing the training or of the same or similar course available at Lincoln University or University of Missouri-Columbia. Prior to reimbursement being paid,the employee shall provide a verified official transcript indicating that a grade of C or better was obtained for all courses below the college graduate level and a grade of B or better in any college graduate courses for courses that are graded. If a course is not graded,a certificate or proof Of completion shall be submitted. Section 15-9.Training Any and all training required of an employee for performance of his job duties or enhancement of his performance of his job duties shall be paid by the City. All training costs, which provide a new employee with minimum job requirement skills,and which is required for ' q t. certification by the State or other regulatory body for the performance of the position occupied by ° tike employee,shall be recovered. In order to provide for the uniform application of this policy to new employees of tike City,tike costs of training shall be recovered if the employee leaves municipal service within three(3)years of the date of employment, pro rated over the initial thirty-six(36) month period. j Time spent in obtaining the instruction and perfomhing the requirements of the course shall be considered hours worked. All training shall be approved in advance by the department director. I ARTICLE 16. SEPARATION AND DISCIPLINARY ACTIONS Section 16-1. Resignations, (a) Notice regjji e Any employee who is in good standing tray resign from the service by presenting his resignation in writing as contained herein. Employees holding positions which are covered by the Fair Labor Standards Act must present such notice of resignation not less than two (2) �_•�, Weeks prior to ilhe effective date. Employees holding positions which are exempt from F I coverage under the Fair Labor Standards Act must present notice of resignation no less than four (4) weeks prior to the effective date. Such resignation may be withdrawn by the employee at any time prior to the effective date with the approval of the city administrator and department director. Department directors and city administrator must present notice of resignation no less than sixty(60)days prior to the effective date. Such resignations may be withdrawn by a department director or city administrator with the approval of the mayor and city council. This section may be altered by a letter of understanding agreed to by the individual and the City. (b)Failure to five notice. Any employee who fails to provide notice as set out in paragraph(a)shall be deemed to have relinquished all accrued vacation time and compensatory time and shall no longer be eligible for any benefits related to payment for hours not worked including holiday pay. Such employees shall not be eligible for any compensation under the incentive program as set out in Section 13-4. Section 16-2.Termination. (a)Employment at Will. An employee may be discharged at will. (b)Approval required. Supervisors shall inform department directors of any proposed personnel action to discharge an employee. If approved by department director, a form for obtaining approval of the city administrator shall be submitted to and approved by the city administrator and reviewed by the city counselor before the official termination takes place. i (c)City Administrator and Department Directors (1) If the city administrator or a department director is dismissed, that person shall be given thirty days written notice of the termination, thirty(30) days severance pay,or a combination thereof equaling sixty(60)days compensation. This section may be altered by a letter of understanding agreed to by the individual and the city. (2) If the reason for termination of the city administrator or a department director is embezzlement, fraud, or dereliction of duties, the individual will not be eligible for the notice period or compensation set forth in the preceding paragraph. Section 16-3. Reduction in force; lay off. A department director may separate any employee due to lack of funds or curtailment of work after giving proper notice. However,no regular full-time employee shall be separated from any department while there are probationary, part-time, or temporary employees serving in the same class of positions in that department. A department director may, with the approval of the city administrator, appoint an employee who is to be laid off to any existing vacancy in a lower class for which he is qualified. All other factors being equal, 41 November 1, 1996 ' X'I'43.'.:.1£;.`.V,.,...�.•....•...:r,....x:<",....,. :. ..:.. -- . 1 Ii } employees shall be laid off in reverse order of their total service with the city. The city will provide two weeks notice or equivalent compensation to persons being laid off and holding Positions which are non-exempt under PISA. For persons laid off and holding PISA exempt Positions, excluding department directors and city administrator, the City will provide four weeks notice or equivalent compensation. a Section 16-4.Return of city property. i All employees separating from the municipal service for any reason shall, prior to separation, return all city-owned property and equipment issued to the employee. Failure to do so will result in the withholding of benefits otherwise due the employee. Section 16.5.Discipline. It shall be the duty of all employees to maintain high standards of conduct, cooperation, efficiency, and economy in their work for the city. Department directors and supervisors shall organize achieve these objectives. and direct the work of their units in a manner calculated to Whenever conduct of an employee falls below a desirable standard,supervisors shall point out the deficiencies at the time they are observed. Corrections and suggestions should be made in a constructive and helpful manner in an effort to elicit the cooperation and good will of the employee. Any action which reflects discredit upon the municipal service or is a direct hindrance to the effective performance of the municipal government functions shall be considered cause for disciplinary action against any officer or employee of the City of Jefferson. Circumstances constituting cause for disciplinary action are listed below, although charges may be based ` upon cause and complaints other than those listed. i (a) Any off duty conduct which impairs the employee's ability to do his job in a satisfactory manner. (b) Adjudication of guilt of a felony or a misdemeanor involving a crime against persons or property. (c) Two or more convictions during a three year period of misdemeanors and/or traffic charges. , (d) Intoxication or the consumption of intoxicating beverages or illegal drugs while on duty or while on city property. (e) Abusive or improper treatment to a person in custody. (f) Offensive conduct or language toward the public or toward City officers or employees. 42 November 1, 191)(i 3 ~.+ (9) Falsification of employment I J falsifying of time cards, work records,lorjoblrecords.r other City records, or the altering or i (h) Incompetence or inability to perform the duties required. (i) Intentional damage or negligence in,the care and handling of City property. I G) Violation of any official regulation or direction made or given by his superior, where such violation or failure to obey amounted to an act of insubordination or a serious breach of proper discipline,or resulted,or might reasonably have been expected to result,in loss or injury to the City or to the public. (k) Commission or omissions of acts unbecoming an incumbent of the particular office or position held which render his reprimand, suspension,demotion, or discharge necessary or desirable for the economical or efficient conduct of the business of the City or for the best interest of the municipal government. (1) Violation of any of the provisions of the ordinances or an administrative regulation of the City. y (m) Inducing or attempting to induce any officer or employee in the municipal service to commit an illegal act, to act in violation of any lawful and reasonable departmental or official regulation or order,or to participate therein. � (n) Solicitation or receipt in whole or in part from any person of any fee,gift,or other { valuable thing that is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons. (o) Use or attempted use of political influence or bribery to secure advantage in an examination, promotion, or wage increase. (p) Recurring failure to pay just debts due or owing,including taxes,licenses,or fines due the city, or failure to make reasonable provision for the future payment of such debts, thereby causing annoyance to the City, his superiors, embarrassment to the City, his supervisors, or embarrassment to the service. (q) Absence from duty,without leave,contrary' ary to these rules,or failure to report after leave of absence has expired or after such leave of absence has been disapproved or and canceled by the proper authority. revoked (r) Unauthorized use of City vehicles,tools,equipment, manpower, or ma+erials for personal benefit. Any authorized use must be clearly approved by the appropriate supervisor. (s) Excessive use of City telephones for the conduct of personal business during working hours or for unauthorized long distance calls. (t) Abuse of sick leave privileges. I .� (u) Failure to properly report accidents or personal injuries. 1 . 13 November 1, ]996 4 1 i a 1 t . I J (v) Failure to maintain a satisfactory attendance record. (w) Failure to report wrongdoings of other City employees. ~ (x) Failure to maintain any license or certification if possession of such a license or certification is a condition of employment. (Y) Any other violations of these rules and regulations. r Section 16-6. Disciplinary actions defined and predisciplinary hearing. Disciplinary actions shall normally follow the sequence set forth below unless the seriousness of the offense dictates otherwise. j (a) Oral reprimand. An employee shall receive an oral reprimand for the first min disciplinary offense. This action is normally taken by the employee's supervisor. or (b) Written reprimand. A written reprimand shall be transmitted through the ! appropriate department director to the employee and the city administrato supervisor. r and shall state the specific actions leading to the reprimand.This action is normally taken by the employee's (c) Suspension. Suspension is the temporary removal from duty status without pay of an employee for a specified or indefinite period. Suspension shall be approved by the department director and reviewed by the city counselor and city administrator prior to completion of the action. (1) An employee may be suspended for an indefinite period when the department director determines such action is necessary and in the best interests of the city in cases where an employee is charged and awaiting trial for a criminal offense involving matters apparently prejudicial to the reputation of the City. (2) When an employee has acted or is alleged to have acted in a manner which i would be cause for discipline, the employee may be suspended while such I charges are investigated. (3) Whenever an employee is suspended pending trial or investigative outcomes and is subsequently exonerated,the employee shall be reinstated without loss I of pay or benefits. i (4) An employee may be suspended for a definite period of time for specific cause. (d) Temporary reduction in rank or classification An employee may be moved on a temporary basis to a position in a class with a lower maximum salary rate for misconduct. A temporary reduction in rank or classification shall be approved by the department director and reviewed by the city counselor and city administrator prior to completion of the action. No temporary reduction in rank or classification shall last longer than six months. An F employee given a temporary reduction in rank or classification shall be reinstated to the prior } Position at the date specified unless a subsequent disciplinary action is taken to ch temporary reduction to a demotion. ange the 44 November i, 199iS M1 = r i . I (e) Demotion. An employee may be moved to a position in a class with a lower maximum salary rate for serious misconduct.Demotion shall be approved by the department director and reviewed by the city counselor and city administrator prior to completion of the action. (f) Dismissal. Discharge of a regular.employee should be recommended in cases involving recurring disciplinary offenses or a single offense involving a serious breach of discipline. Dismissal shall be approved by the department director and reviewed by the city counselor and city administrator prior to completion of the action. - (g) Referral. At any step of the disciplinary process the employee's supervisor may refer the employee to the Employee Assistance Program(EAP)if in the supervisor's judgment such a referral may be of assistance to the employee. (h) Prediscinlinary hearing. A predisciplinary hearing will be held by the department director as soon as possible following his knowledge of the pending disciplinary action. If possible, the hearing should be held within one work day of the employee being informed of the potential need for discipline. The general procedure for a prediscipl.inary hearing shall be for the supervisor to explain the actions of the employee which are considered grounds for disciplinary action and the opportunity for the employee to respond to the allegations. This shall not be a full administrative hearing,but rather a means for the department director to determine the validity of the allegations.No disciplinary action shall be instituted until after the completion of the hearing. Predisciplinary hearings shall apply only to pending disciplinary actions potentially involving suspension, temporary reduction in rank or classification, demotion, and dismissal involving recurring disciplinary offenses or a single offense involving a serious breach of discipline. No hearing shall be held for employees dismissed from employment at will. I W Personnel file. Documentation of all disciplinary actions will be placed in the employees personnel file. Section 16-7. Retirement. 1 All full-time employees are eligible for retirement benefits at age and length of service requirements specified by the retirement plan in which they are enrolled. Notice of retirement shall be in the same manner as for resignations,Section 16-1. Section 16-8.Honoring of retirees. A retirement award will be presented to each person retiring from the service of the City. This award may be a plaque highlighting the years of service,an engraved watch, or other comparable award. For employees with twenty(20)or more years of service, a key to the City will be presented in addition to the retirement award. The awards may be presented at either a noon luncheon or evening dinner, and,when feasible,the ceremonies will cover persons retiring at the same general time. Awards will be presented by the respective department directors,or the mayor,as applicable. A total of$200 per retiree may be spent. Each retiree may invite family and friends to a total of twelve guests, including himself. Other fellow employees not included in the honoree's invited guest list and city officials will be invited to attend at their own expense. 45 November 1, 1996 MEWt f�f 1 ARTICLE 17. CONFLICT RESOLUTION AND APPEALS; Section 17-1. Conflict resolution. It shall be the policy of the City of Jefferson to give individual employees an Opportunity to discuss their conflicts with their supervisors in order to find mutually satisfactory solutions as rapidly as possible. In choosing to use the conflict resolution process, employees are assured of freedom from restraint, interference, discrimination, or reprisal. Appeals of disciplinary actions shall begin with the second step of the conflict resolution procedure as set forth below, and shall be in the form of a written complaint report. If an employee has access to more than one conflict resolution process,the employee must choose which process to pursue and may only utilize one process. IM (a) Representation. An employee may be accompanied or represented by any person of his own choosing n the g presentation tatron of his complaint. (b) Conflict resolution procedure. (1) Oral report. An employee who has a conflict shall first present his complaint to his immediate supervisor within three (3) working days of the action or incident in question. If the conflict is between the employee and the immediate supervisor, the employee may report it to the next level of supervision as outlined in number 3 below,within five(5)working days of the incident. (2) Written report. If the oral conflict resolution process fails to settle the conflict. the employee may within six (6) working days submit a written complaint report of the action or incident in question to his immediate supervisor. Within three (3) working days after receiving such notice, the immediate supervisor shall furnish the employee with a written reply. (3) Appeal to department Lirector. If the written reply does not resolve the conflict, the employee may, within five (5) working days after receiving the reply,submit an appeal in writing to his department director. The department director shall confer with the employee and or his authorized representative before rendering a decision. Such decision shall be reduced in writing and shall be delivered to the employee within five(5)working days of the date on which the appeal was received by the department director. (4) Appeal to city administrator. If the appeal to the department director fails to resolve the conflict,the employee may,within five(5)working days of receipt of the decision,submit an appeal in writing to the city administrator or parks and recreation director for parks and recreation employees. Within fifteen(15) working days of the receipt of such an appeal, the city administrator or his representative shall hear matters pertinent to the conflict. The decision of the city administrator shall be final and no further right of appeal shall be provided employees. The city administrator shall forward one copy of the course of action he intends to follow to the employee concerned and to the l� department director. 46 November 1, 1t39(i t ` 1.1 i I (c) Classification conflicts. All conflicts pertaining to the classification of an omployee shall be made in writing to the city administrator through the department director. The decision of the city administrator shall be final in all matters of classification, and the employee shall not have further right of appeal, I ; (d) Compensation conflicts. The pay range established for a given class of work shall not be subject of the conflict resolution procedure. " Section 17-2, Conduct of investigation. In connection with the review of a complaint, appeal, or for any other purpose necessary to determine the adherence to any provision of these rules,the city administrator may conduct such investigation involving the production of records or reports by a municipal department. Section 17.3.Police. i The conflict resolution procedure for all members of the police department shall be conducted in accordance with rules and regulations of the police personnel board. ARTICLE 18.RECORDS AND REPORTS Section 18-1.Personnel records. The city administrator shall designate a central repository for all such personnel files (. and records as he deems necessary. Section 18-2. Service register. The city administrator shall cause to be maintained a service register of all employees I in the municipal service identifying for each the class title, the departmental assignment, salary rate, dates of employment, employment history, and such other data as he deems appropriate. Section 18-3. Reports, Every appointment, transfer, promotion, demotion, dismissal, sick leave, vacation leave and other temporary or permanent changes in the status of employees in the municipal service shall be reported in writing. The city administrator is authorized to prescribe the time, manner, form, and method of making any written report as may be stipulated in any of these rules. Section 18-4. Public records. j Except for disciplinary action,records involving investigation correspondence and data related to the moral character and reputation of applicants for employment the City; files, statements, reports, correspondence, and other data in conne or employees d related to investigations of violations of these rules and regulations;examination materials, 47 November J, ]99Fi i I. questions, data, and examinations and tests conducted by the City; confidential papers as specified in these rules or by action of the city administrator, and such other'\._ records shall be public records. Such records shall be open to inspection U the ublic d ring regular office hours,at reasonable times,and in accordance with such procedures as the ty administrator may provide. Salary range and position classification information, as well as class specifications and basic employment information,shall in all cases be made available to the public on request at reasonable times. i , I ARTICLE 19.TRAVEL EXPENSES Section 19-1. policy. i Department directors, city officials, and employees shall be reimbursed for official travel and related expenses while carrying out official duties, or attending conferences and training courses which will benefit both the employee and the City. esional All persons authorized to travel shall be reimbursed for actual air, bus,or train fare to and from the travel destination,actual room cost for overnight lodging,taxi fares,tips,and other travel-related expenses upon proper presentation of appropriate itemized receipts on a City travel expense voucher and, where appropriate, by a certified affidavit. Section 19-2. Travel advances. A travel advance may be obtained by submitting a request form stating the des c ' t and/or purpose of the travel advance. The request must be approved by the department u ! director and the city administrator, and forwarded to the finance director for approval and processing. The request form will then be forwarded for issuance of a check through the regular accounts payable system. Departments should allow ,, travel advance requests. ample time for processing of I Section 19-3.Reimbursable expenses. All efforts shall be made to keep travel expenses to a minimum, { expenses for approved travel shall be reimbursed according t The following I actual cost when accompanied by receipts or other documentation es quiredeand appropriate: (a) .Direct travel including air, bus,train,and taxi fares. (b) Direct travel by personal vehicle at the established rate per mile or at an amount equal to common carrier fare,whichever is less, if approved by the department director. (c) Overnight lodging when travel extends beyond 40 miles from the City. (d) Meals and tips. (e) Other reasonable and related expenses. �r�! 98 November 1, 1996 •.�.nr. ,. r.., ....r r ,.r•�.. ; ... r, .,t... ... r...... ,. .._ ✓4 .... _�. .Y-... :}':r i:i r.a: H ,+,?eUN:IW.:ra rar.�-..__ , i Section 19-4. Non-reimbursable expenses. The following travel expenses shall not be reimbursable: (a) Costs incurred by a spouse or other relative accompanying an employee. (b) personal expenditures such as valet service,laundry and cleaning,entertainment, or side trips, i Section 19-5- Vacation combined with official travel. Employees wishing to combine a vacation by private velhice with a business or convention trip must have their department directors approval,or where appropriate,the city administrator's approval. The employee will be reimbursed for travel to the destination based uPon the common carrier fare or the established rate per mile for personal vehicles,whichever is less. Section 19-6.Travel reimbursement or repayment of advance to city. I A travel expense voucher must be completed within ten(10)days after returning from F a trip whether it is for an amount due the employee or for payment of the unused balance of travel advance due the city. Where the employee received a travel advance check it ` so noted mu on tlhc expense voucher. � must be All travel expense vouchers must be approved by the department director and city administrator before the finance director's office will authorize processing for payment. Section 19-7. Use of personal vehicle for official business. Employees required to use their personal vehicle for official city business shall be compensated at the rate set out in Section 19-9. All departments are encouraged to promote the use of city vehicles whenever possible in lieu of use of personal vehicles for City travel purposes. ' r Section 19-8. Use of City vehicles. Employees who are assigned take-home vehicles from the City fleet are prohibited from using the vehicle for any use outside of City business except for"de minimus"personal use. Employees shall report.to the police department any accidents involving a City vehicle and the property or vehicle of another party. Employees shall report any accident involving damage to a City vehicle to their supervisor, deparuncnt director,and the director of human resources oil a form prescribed for this purpose. Failure to report damage of City vehicles as prescribed may result in disciplinary action, i November 1 i Section 19-9. Reimbursement rates and rules. Reimbursement for authorized meals and tips combined,whether in state or out of state, shall be the lower of thirty dollars($30.00)per day or$7.50 for breakfast,$10.00 for lunch and $15.00 for dinner. The mileage reimbursement rate for authorized travel shall be the standard rate authorized by the Internal Revenue Service Code. If an employee leaves Jefferson City before 7:00 a.m.,the employee will be entitled to a breakfast allowance. If an employee returns to Jefferson City later than 6:00 p.m.,the employee will be entitled to the dinner allowance. If a meal is included in the registration cost of the conference,the per diem for that meal will be excluded from that days total allowance. The following expenses of employees shall be reimbursed according to actual costs when accompanied by receipts or other documentation as required and appropriate: (a) direct travel including air,bus,train and taxi fares; (b) overnight lodging; (c) otter reasonable and related expenses; The following expenses of employees shall be reimbursed according,to established allowances: (a) direct travel by personal vehicle at the established rate per mile or an amount equal I' to common carrier fare,whichever is less; (U) meals and tips; The following expenses of employees shall not be reimbursed: y (a) costs incurred by a spouse or other relative accompanying an employee; (b) personal expenditures such as valet service, laundry and cleaning, entertainment or side trips; j Employees wishing to combine private business with City business will be reimbursed for travel to the destination based upon the common carrier fare or the established rate per mile for personal vehicle's,whichever is less. Firefighters receiving a meal allowance will not receive per diem allowances for days they are scheduled to work. ARTICLE 20. PROHIBITIONS AND PENALTIES Section 20-1. Participation in political activities. Employees are prohibited from bringing their political affiliations to bear on their official duties. Specifically, the following political activities of employees are prolhibited: !' (a) Campaign fund raising;,or other partisan political activities on City premises while in the performance of duties and responsibilities as an employee of the City. (h) Abuse of'official position for political ends. 50 Noveiiih or 1 . 1997 I, IX t , !• i I (c) Use of official working time or unauthorized use of City resources for political activity. (d) Promising any employment,position,work, compensation,or other benefits as consideration, favor or reward for political activity. (e) Performing political activities at-the direction of a supervisor, department director, or other City official, i Section 20.2.Discrimination and sexual harassment. No appointment, promotion, demotion., removal, or advancement in employment shall be made on the basis of race, religion, creed, national origin, sex, age, or nondisqualifying physical or mental disability. Sexual harassment of employees is a serious matter and is prohibited in the work place by any person and in any form. No director, supervisor or other employee shall -threaten or insinuate,either explicitly or implicitly,that an employee's refusal to submit to sexual advances will adversely affect the employee's employment, performance appraisal, wages,advancement,assigned duties,or any condition of employment or career development. i Other sexually harassing conduct whether committed by directors, supervisors, or non- supervisory personnel is also prohibited. Such conduct includes but is not limited to:Sexual flirtations, advances or propositions, verbal or written abuse of a sexual nature, sexually degrading words used to describe an individual. Any director, supervisor, or other employee who is found, after appropriate investigation, to have discriminated against an employee or harassed any employee as prohibited in the preceding paragraphs shall be subject to appropriate disciplinary actions up to and including discharge. Section 20-3.Nepotism; restriction on employment of relatives. a h A City employee may not appoint, employ, promote, advance, or advocate for appointment,employment,promotion or advancement in or to any position of the municipal service over which he exercises jurisdiction or control,any person who is a relative of the city employee. This section shall not apply to employees previously exempted by ordinance from these provisions. Section 20-4. Outside employment. Outside employment is prohibited if such employment would have an adverse effect on the employee's performance of official duties with the City or be prejudicial to the reputation of the City. Employees shall inform department directors of the acceptance of any outside employment. Section 20-5. Conflict of interest. f. v No employee of the municipal service shall hold a financial interest in a firm, institution, corporation, or other establishment supplying goods or services to the city. No 51 November 1, 1996 t employee shall be employed in any capacity with a firm, institution, corporation, or other , establishment supplying goods or services to the city when that capacity means the possession, direct or indirect, of the powers to direct or cause the direction of the management and policies of that organization. No employee shall receive any payment,gifts, favors, or other consideration from any person, firm, institution, corporation, or other 1 establishment supplying goods or services to the city. Section 20.6.Penalties. Any employee found guilty of any violation of this section shall be subject to any disciplinary action up to and including dismissal as defined by these rules, and such other ' penalties as may be deemed appropriate and consistent with the laws of the City of Jefferson and the State of Missouri. ARTICLE 21.MANAGEMENT RIGHTS The city shall retain the sole right and authority to operate and direct the affairs of the city in all its various aspects. Among these rights are the city's right to determine its mission and set standards for service offered the public;to direct the working forces;to plan,. direct, control, and determine the operations or services to be conducted in and by the employees of the city; to assign and transfer employees; to hire, promote, and demote employees;and to suspend,discipline,or discharge employees; to relieve employees due to lack.of work or for other reasons,such layoffs being normally accomplished through attrition; to make and enforce rules and regulations;and to change methods,equipment,or facilities. ARTICLE 22.SAVINGS CLAUSE AND AMENDMENT Section 22-1.Savings clause. Invalidation of any part,rule,or section of these personnel rules and regulations shall not affect the validity of the other rules and sections. Section 22.2.Amendment. f Amendment of these rules and regulations shall be approved by a majority vote of i the City Council. Copies of such amendments shall be distributed to all department directors and such other officials as the city administrator deems appropriate. f 1, 1996 52 November a