HomeMy Public PortalAboutORD09785 f 1
BILL NO.
INTRODUCED BY COUNCILMAN .
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING
ORDINANCE NO. 9626, PERTAINING TO PERSONNEL RULES AND REGULA-
TIONS, BY DELETING CERTAIN SECTIONS AND ENACTING NEW SECTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI , AS FOLLOWS:
SECTION 1. Ordinance No. 0,626 is hereby amended by deleting
Sections 44- 9(b), 6.4, 7.3, 8.9(e), 8.10, 11(a) , 12.2, 12.4, 13.2, 13.3,
i 14.3, 14.5(a) , 14.5(b) , 14.6, 15.3, 16.2, 16.4(c), 16.4(u) , 16.5(a),
16.5(b) , 16.5(c) , 16.5(d) , 16.5(e) , 17.2, 18.1(b)2, 18.1(b)3, 18.1(b)4, j
18.1(e) , 18.4, 19.4, 20.5, and 21.5 from the Personnel Rules and
Regulations.
SECTION 2. Ordinance No. 9626 is further amended by deleting the
ji definition of 'Anniversary Date" from Rule II of the Personnel Rules
and Regulations, and enacting in lieu thereof a new definition, which
shall read as follows:
ii The effective date of completion of the probationary period
shall constitute an employee' s initial anniversary date for pur-
poses of performance evaluation and merit pay increases. There-
after, the effective date of merit pay increases shall constitute
the employee's anniversary date. The initial anniversary date for i
Police Department employees shall be the date of the first pay
increase, which may come before probation has ended, but in no
;r case shall be earlier than six months after hire.
' SECTION 3. Ordinance No. 9626 is further amended by adding new
i sections to the Personnel Rules and Regulations which shall read as
i; follows: j
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ISection 1.3(c) . These rules and regulations supplement the
powers of the Police Personnel Board and in no way supercede the
(; authority given to that board by ordinance.
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li Section 4.9(b) . Applicants appointed to the classes listed
below must be residents of the City of Jefferson or move within
i the corporate boundaries of the City within six (6) months of
+� appointment. All direct moving expenses will be paid by the City.
!� City Administrator Director of Public Works
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I� City Counselor Assistant Director of Public
City Clerk Works
Police Chief Wastewater Utilities Superin-
Police Captain tendent
Police Lieutenant Director of Planning and
Fire Chief Code Enforcement
Assistant Fire Chief Director of Transportation
�i Director of Parks and Street Superintendent
Recreation
Section 4.9(e). Direct moving expenses may be paid for
positions other than those listed above in paragraph (b) if a j
j specific reason would justify such a payment. Such a payment '
l+ must be approved by the City Council and requires that the i
recipient move within the corporate limits of the City.
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�j Section 5.4. Appointment Authority. Department heads shall
be the appointing authorities in all departments, although they
may delegate that authority to division head level. The Park I
Board is the appointing authority for the Park Department.
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Section 6.4. Termination During Initial Probationary Period.
i; Conttnued inadequate performance after counseling shall constitute
grounds for termination. A probationary employee may be
j` terminated without cause. The department head shall fill out the
appropriate personnel action forms when a decision has been
® made, and such termination will be official when such forms are
signed by the City Administrator.
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Section 7.3. Administration of the Classification Plan. The
1; City Administrator shall con uct position classification stu ies at
such times as he deems it necessary or whenever the duties and
j' responsibilities of existing positions have undergone significant
{ change. Also, when he is notified that new positions are to be
established or upon request of a department head or affected
employee, if the classification of such position has not been
I� reviewed within the last twelve (12) months. if the City Adminis-
trator finds that a substantial change in organization, the
creation or change of positions, or other pertinent conditions
j� make necessary the amendment of an existing class, he may
�! amend the classification plan subject to approval by the City
Council.
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Section 8.9(e) . When any employee is reemployed, the City
i� Administrator may authorize an appointment at a salary step in
the range for the class corresponding to that which the employee
Ii had been receiving upon the termination of his previous service.
t! If an employee is hired back at the corresponding range and
i} step, there is no probationary period. If an employee is reemploy--
!; ed and placed on a normal entry level range and step,
probationary requirements will be administered as if he is a new .
employee.
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E Section 8.10. Salary Advancements. A pay increase of one
ii step within the pay range of the class shall be awarded to
original appointees to positions within the class upon successful
ii completion of the required probationary period. Subsequent salary i
advancements shall be in accordance with the provisions of these
i� rules governing performance evaluation. Rehired employees hired
at previous levels of pay and thereby exempt from serving a
I� probationary period shall have the date of rehire be their
anniversary date for terms of merit increase and shall be eligible
for a merit increase one year after that date. Police Department
employees shall be eligible for a step increase after completing
I1 six months of probation, and if retained, the next merit increase
will be eligible for award not less than one year after this proba-
tionary increase.
Section 8.11(f) . Reclassification to a Lower Classified
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j Position. When an employee is reclassified to a position in a
class having a lower maximum salary rate than his current
+li 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
it position. This action shall not affect the employee's anniversary
�i date.
Section 10.4. Inclement Weather Closings. The City Adminis-
trator shall be the only person authorized to release non-essential
+' persons earlier than the normal closings of business or delay the
normal time to report for work because of inclement weather.
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Section 11(a) . All regular employees shall receive their
regular compensation for the following holidays:
New Year's Day
® Harry S Truman's Birthday
�! Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
I) One additional day of holiday leave shall be granted each
regular employee to be observed within a two-week period of the
employee's birthday. When a holiday falls on a Saturday, the
preceding Friday shall be observed. When a holiday falls on a
Sunday, the following Monday shall be observed. Employees
required to work on a holiday shall be given compensatory time
t off or compensated in money for time worked on the holiday.
Overtime pay and compensatory time earned for working on a
holiday shall be paid at a rate equal to one and one-half times
the straight hourly rate or one and one-half times the holiday
hours worked respectively.
Section 11(c) . The Mayor shall be the only person authorized
to declare special holidays or days off as an unusual need or
{ circumstance may occur.
I Section 12.1(d) . Actual accrual of vacation leave shall be
computed on a weekly basis according to the annual vacation
leave due according to an employee's years of service.
Section 12.2. Accrual. Employees may accrue vacation leave
to a maximum of thirty (30) days, and members of the Fire
Department accruing vacation in shifts may accrue a maximum of
fourteen (14) shifts. It is the general policy not to reimburse
individuals for accrual of vacation time beyond their eligible
amount. In the event an individual has exceeded the accrual
limit as of the beginning of a fiscal year, arrangements for
reducing the vacation accrual shall be made immediately.
Employees shall not be allowed to cash in accruals of vacation
time which are not in excess of the accrual limit, except at time
of separation from service, and payment for excessive accruals
which cannot be taken as time off may only be paid with
substantive reason at the request of the department head and
approval of the City Administrator. Vacation leave shall not be
accrued when an employee is in any non-pay status. For example,
vacation leave shall not be accrued when an employee is receiv-
ing LAGERS disability payments, long term disability payments, or
Workers Compensation payments.
Section 12.4. Holidays Occuring 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 Fire Department personnel, if
any official holiday occurs during a period of scheduled vacation,
I they will receive the appropriate holiday pay in addition to the
vacation pay.
Section 12.5. Police and Fire Department Vacations. personnel
in the Police and Fire Departments shall be eligible to use
accrued vacation leave after the completion of their one year
probationary periods.
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Section 12.6. Use of Vacation Leave. Vacation leave may be
used for the purpose of sick leave if an employee has used all
sick leave accrual. In the event an employee is receiving
disability benefits from LAGERS, vacation leave due the employee
® may be coordinated with the LAGERS payments so the employee's
benefits may be increased to not more than 100% of his normal
base pay as long as there is vacation leave to draw upon.
Section 13.2. When Taken. Sick leave with pay will be
granted for absence from duty because of actual personal illness,
non-compensable bodily injury or disease, exposure to contagious
disease, to care for an ill or injured member of the employee' s
immediate family who is a member of his immediate household, or
to keep a doctor's or dentist' s appointment. Sick leave shall not
be granted in cases where regular or disability retirement has
been approved, or for absence due to injuries resulting from
employment in a position other than that held in the municipal
service. Employees injured in the course of other employment shall
be eligible for leave of absence without pay. Employees who are
injured in the line of self-employment and have no insurance
coverage to cover lost wages are eligible to use sick leave they
have accrued.
Probationary employees are not eligible for sick leave pay,
although sick leave accrues from the first month of employment.
Employees are only eligible to receive sick leave pay after they
have successfully completed probation. Probationary employees may
be excused from work as absent without pay under the 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 probationary period.
When an employee finds it necessary to be absent for any of
the reasons specified herein, he shall cause the facts to be
reported to his department head or division head sixty (60)
minutes prior to the regular time for reporting to work if a relief
employee is required or if the employee is a member of a work
crew. All other employees shall notify their department head or
division head within thirty (30) minutes of the beginning of their
scheduled work day or duty tour. Sick leave shall not be granted
unless such report has been made.
An employee must keep his department head informed of his
condition if the absence is of more than three days duration. An
employee may be required to submit a medical certificate for any
absence. 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.
No refund of vacation time shall be allowed for illness
incurred while on vacation leave.
Any authorized absence due to injury or illness covered by
Workers Compensation insurance shall not be charged against an
employee' s accrued sick leave.
In the event an employee is receiving disability benefits
from LAGERS and sick leave pay is due the employee, sick leave
pay may be coordinated with the LAGERS payment. The employee's
benefits may be increased to not more than 100% of his normal
base pay as long as there is sick leave to draw upon.
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Section 13.3. Accrual. Regular employees may a.ccum�'late!
sick leave with pay credit to a maximum of one hundred (100)
days. Uniformed members of the fire service may accumulate sick
leave with pay credit to a maximum of fourteen hundred and forty
(1440) hours.
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jSection 14.3 Court Leave. Regular employees subpoenaed as a
�i witness in a civil or criminal case, or selected to serve on a
jury shall be granted paid leave during their absence; provided,
!I however, that all payments provided by a court for jury service
shall be turned over to the employee' s department head and trans-
mitted to the Director of Finance for deposit as miscellaneous
revenue. Essential personnel such as Fire employees, Police,
employees, and department heads may be required to request to
be excused from jury duty by the court.
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Section 14.5. Military Training Leave of Absence.
l; a. All regular 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
I, 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) calendar year. 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.
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b. All regular 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
M� 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 department rules and regulations.
Section 14.6. MaternittV �wLeave. Maternity shall be treated as
any other non-duty temporary disability covered under the rules
pertaining to sick leave of absence without pay. At any time
during pregnancy an employee is aware that her and/or her
unborn child' s health is endangered by her job, she shall
immediately make this fact known in writing to her department
head. At such times as deemed necessary by the department head,
pregnant employees shall submit to their department head a
doctor's statement indicating the employee' s physical ability to
perform her job. Employees returning to work after childbirth
shall submit to their department head a doctor' s statement indicat-
ing the employee' s physical ability to return to the job.
Employees are required to return to work within six weeks of
I delivery unless they submit a doctor' s statement of medical
reasons why they cannot resume work within that time period.
Section 14.8(b) . Employees injured on the job are covered by
the Missouri State Worker's Compensation Act. This law provides
specific benefits. It is the policy of the City to provide compensa-
tion to an employee injured on the job which, together with the
worker's compensation payment, equal the full salary of the
employee for a period not to exceed twenty-six (26) weeks. The
mechanics of this situation shall be that for the period of up to
I� twenty-six weeks the City will continue to pay the normal base
pay, and the employee will assign all rights to Workers Compensa-
tion pay to the City. Failure of the employee to assign said
i rights shall negate the obligation of the City to make up the
difference between the employee' s normal pay and the Workers
ICompensation benefits.
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Section 15.3. Deferred Compensation. Regular full-time em-
ployees may elect to participate in a deferred compensation)
program offered by the City. The City will not participate
monetarily in this program. Employees shall not be eligible to
it participate in this program until they have completed probation.
Section 16.2. Termination. Employees may be discharged for
cause or because of a lay-off. The City will provide, at its
option, two weeks notice or equivalent compensation to persons
being laid off and holding positions in classes assigned to pays
ranges one through nineteen. For persons laid off and holding
positions in classes in pay ranges twenty and above, the City
will provide, at its option, four weeks notice or equivalent
compensation.
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Section 16.4(c). The consumption of intoxicating beverages or
intoxication while on duty or while on City property.
Section 16.4(u) . Failure to report wrongdoing of other City
employees.
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Section 16.4(v) . Any other violation of these rules and
regulations.
�I Section 16.5. Disciplinary Actions Defined. Disciplinary
�t actions shall normally follow the sequence set forth below unless
li the seriousness of the offense dictates otherwise.
a. ORAL REPRIMAND. An employee shall receive an oral
reprimand for the first minor disciplinary offense. This action is
normally taken by the employee' s supervisor.
b. WRITTEN REPRIMAND. A written reprimand shall be trans-
!I mitted through the appropriate department head to the employee
+� and the City Administrator, and shall state the specific actions
1 leading to the reprimand. This action is normally taken by the
employee's supervisor.
�i c. SUSPENSION. Suspension is the temporary removal from
i) duty status without pay of an employee for cause, for a specified
i, or indefinite period. Suspension shall be approved by the depart-
ment head and reviewed by the City Administrator prior to
completion of the action. (1) An employee may be suspended for
' an indefinite period when the department head 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 prima facia prejudicial to the reputation
of the City. (2) When an employee has acted or is alleged to
have acted in a manner which would be cause for dismissal, the
employee may be suspended for a period not in excess of one
month while such 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 of pay or benefits. (4) An employee may be
suspended for a definite period of time for specific cause.
d. DISMISSAL. Discharge of a regular employee for cause
should be recommended only in cases involving recurring
disciplinary offenses or a single offense involving a serious
breach of discipline. Dismissal shall be approved by the depart-
] ment head and reviewed by the City Administrator prior to
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completion of the action.
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Section 17.2. General Training Activities. The City shall in
all ways encourage training opportunities for employees and
supervisors to the end that services rendered to the City may be
made more effective and that employees may become at the same
time qualified for promotion to higher level positions. If indicated
or requested by department head, the City Administrtor shall I
assist the department head on any training problem relating to
the development of formal or informal training programs for
employees. Each department shall develop procedures to allow for +
related training opportunities offered outside the department
setting to be integrated with employees' work schedules where
necessary and appropriate. Each department director shall allow
for a minimum number of personnel scheduling changes to
accomodate outside training, and shall establish a method to
approve the schedule changes.
Section 18.1(b)(2) . WRITTEN REPORT: If the oral grievance
presentation fails to settle the grievance, the employee may
within six (6) working days of the action or incident in question
submit a written grievance report to his immediate supervisor of
the action or incident in question. Within three (3) working days
after receiving such grievance, the immediate supervisor shall
furnish the employee with a written reply to the grievance.
Section 18.1(b)(3) . APPEAL TO DEPARTMENT HEAD: If the
written reply to the grievance is not satisfactory, the employee
may, within five (5) working days after receiving the reply,
submit an appeal in writing to his department head. The depart-
ment head shall confer with the aggrieved employee and/or his
authorized representative before rendering a decision. Such
decision shall be reduced in writing and shall be delivered to
the aggrieved employee within five (5) working days of the date
on which the appeal was received by the department head.
Section 18.1(b)(4). APPEAL TO CITY ADMINISTRATOR: If the
appeal to the department head fails to resolve the grievance, the
employee may, within five (5) working days of receipt of the
decision on the grievance, submit an appeal in writing to the
City Administrator. Within fifteen (15) working days of the receipt
of such an appeal, the City Administrator or his representative
shall hear matters pertinent to the grievance. 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 department head.
Section 18.4. Parks and Recreation Department. The
grievance procedure for employees of the Parks and Recreation
Department shall follow the procedures set forth above with the
exception that all final appeals shall be made to the Park Board
instead of the City Administrator.
I Section 19.4. Public Records. Personnel records shall be
public record except for disciplinary actions, records involving
investigation correspondence, and data related to the moral
character and reputation of applicants for employment or
employees of the City; files, statements, reports, correspondence,
and other data in connection with and related to investigations of
violations of these rules and regulations; examination materials,
I+ questions, data, and examinations and tests conducted by the
j City; and such other confidential papers as specified in these
rules or by action by the City Administrator. Such records shall
be open to inspection by the public during regular office hours,
at reasonable times, and in accordance with such procedures as
the City Administrator may provide. Salary range and position
classification information, as well as class specifications, and
basic employment information, shall in all cases be made avail-
able to the public on request at reasonable times.
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Section 20.5. Vacation Combined with Official Travel.
! Employees wishing to combine a vacation by private vehicle with
I a business or convention trip must have their department head's
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 21.5. Conflict of Interest. No employees of the munici-
pal service shall hold a financial interest in a firm, institution,
corporation, or other establishment supplying goods or services to
the City. No 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 establishment supplying goods or services to the City.
i SECTION 4. This ordinance shall take effect and be force from
and after its passage and approval.
! Passed Approved
(, resident of t e Council Mayor
ATTEST:
M &A Z:2�
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