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HomeMy Public PortalAboutORD09785 f 1 BILL NO. INTRODUCED BY COUNCILMAN . j i 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 1� 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. i 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 I 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. r �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. ,i i li I 1 � I i 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. i; 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. I' 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. i 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 i 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. I I� I I i -2- � 1 �, I CI I 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. -3- iti 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. it f� I 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. I 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. i 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. f 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. -5- 1 �� I 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. I� 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. ii 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 +I completion of the action. i� it i -6- � i ff 1 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. -7- it I +► i 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� CCler 1f i ► i