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HomeMy WebLinkAbout2006-171 - Approval of Amendments to the Personnel PoliciesBILL N0.2006-171 ORDINANCE N0.2006-171 AN ORDINANCE APPROVING AMENDMENTS TO THE PERSONNEL POLICIES OF THE CITY OF RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a comprehensive review of the City's personnel policies (the "Personnel Policies"); and WHEREAS, the City and its staff have created amendments to the current version of the Employee Handbook containing personnel policies of the City; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the amendments to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City. NOW, THERFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside Personnel Policies, including Appendix A- Classification and Pay Plan and Appendix B-Safety Accountability attached to this Ordinance as Exhibit A, is hereby adopted. Section 2. The provisions of the Personnel Policies adopted hereby shall not be construed to revive any former clause or provision of the Personnel Policies of the City of Riverside, Missouri. Section 3. The sections, paragraphs, clauses, and phrases of the Employee Handbook are severable and if any portion is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections and all provisions of the Employee Handbook not specifically declared to be unlawful shall remain in full force and effect. Section 4. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 5. The Personnel Policies set forth in Exhibit A shall be filed in the office of the City Clerk pursuant to Section 120.010 of the Municipal Code. Section 6. This Ordinance shall take effect immediately. Passed this day of , 2006. A C' Clerk ~ ayor Kathleen L. Rose ~. ... .. e r ~, Employee Handbook Revised December 2006 Table of Contents Article Besins on Page ioo -Definitions 200 -General Provisions Purpose of Policies Unlawful Acts Administration of Policies Department Heads Equal Employment Opportunities Harassment Prohibited 400 -Recruitment and Selection Announcements Residency Requirements Response Time Employment of Relatives Responsibility To Report To Work In Adverse Conditions Hiring Authority 500 -Working Test Period Duration Dismissal, Demotion, Suspension During Employee Evaluation During 600 -Promotion Policy General Promotion Decisions boo -Discipline Defined Performance and Behavior Standards 900 -Separation of Employment Return of City Property Exit Interviews iooo -Hours of Work and Leaves of Absence Hours of Work Paid Vacation Sick Leave Work-Related Injury Leave Transitional Duty Family and Medical Leave Military Leave Unpaid Leave of Absence Jury Duty Bereavement Leave Y ... n T. i2oo -General Provisions 14 Appearance Outside Employment Use of Tobacco Products Breaks Policy Solicitation, Distribution, and Posting lgoo -Code of Ethics 15 General Principle Equal Treatment PSnancialInterests Engagement In Business Private Interest Legislation Representation of Private Interests Gifts Disclosure of Confidential and Proprietary Information Sales to The City Political Activities Use of City Properly Supplemental Rules Employee References i4oo -Alcohol and Controlled Substances Abuse Policy i8 Policy Purpose Applicability Prohibitions Testing Testing Controls Employment Assessment Rehabilitation Contractual Support Professionals Education and Training Confidentiality Coordination With Other Laws and Policies i5oo -Security 25 i6oo -Miscellaneous Provision 26 Personnel bYle i7oo -Inspections and Computers 26 Inspections of Lockers, Desks, Filing Cabinets, Computers, et. al. Computer Software Annendix Begins on Page A -Article goo, Classification and Pay Plan B -Article 800, Safety Accountability 28 37 C -Article iioo, Employee Development 56 ARTICLE ioo DEFINITIONS i. "CLASS" means a group of Positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience, or skill, and such other characteristics that the same title, the same qualifications, and the same range of compensation have been or may be applied to each Position in the group. 2. "DEMOTION" means a change in the rank of an Employee from a Position in one Class to a Position in another Class having a lower maximum Pay Range. g. "DEPARTMENT HEAD" means the Position of the highest Class within a distinguishable organizational department of the City, as determined by the City Administrator in his or her sole discretion. 4. "EMPLOYEE" means a person employed by the City. 5. "EXEMPT EMPLOYEE" means an Employee excluded from the FLSA's minimum wage and/or overtime provisions. 6. "FAMILY MEMBER" means the Employee's current spouse, parent, child, sister or brother -including step relations and in-laws in each case -grandparents and grandchildren. ~. "FAIR LABOR STANDARDS ACT" (ELBA): Legislation that establishes minimum wage, overtime, recordkeeping, and child labor standards affecting workers in the private sector, and federal, state and local governments. 8. "FLEXTIME": A work schedule that commits an employee to working a specified number of hours per week, but offers flexibility in regard to the starting and ending times for the work schedule. 9. "HOURS WORKED" means all time an Employee is allowed or required to be on duty, on the City's premises, or at a work place for the City. 10. "NON-EXEMPT EMPLOYEE" means an Employee who is not excluded from the FLSA's minimum wage and/or overtime provisions. ii. "PAY RANGE" is the range of gross compensation applicable to each Class of Positions. 12. "PAY RATE" is the amount paid to aNon-Exempt Employee for one (1) hour of work, or, in the case an Exempt Employee, the amount paid for one month of work. 13. "PERFORMANCE APPRAISAL": Review of an employee's performance by his/her supervisor or manager over a defined period of a time based on job accountabilities, defined competencies, performance standards, and documented achievements and deficiencies. i4. "PERFORMANCE IMPROVEMENT PLAN" (PIP): A plan that is implemented by ~. ... a ,. 7 ~,. an employee's supervisor when an employee is experiencing performance problems. The plan is also implemented to assist the employee in meeting expectations and to address specific problems by including specific actions and a timeline for improvement. i5. "PERSONNEL FILE" means employment records kept by the City Administrator or his designee, and which are deemed by the City to be confidential records. 16. "POSITION" means a job (whether part-time, full time, occupied or vacant) that includes duties requiring the services of one person. 17. "PROMOTION" means a change in an Employee's Position from one Class to a Position of another Class having a higher maximum Pay Range. i8. "REGULAR EMPLOYEE" means an Employee who has successfully completed his or her Working Test Period. i9. "STANDARD WORK DAY" means any combination of time actually worked, or vacation, holidays, sick leave, or compensatory time for which a particular Position has been scheduled. The Standard Work Day for various departments or groups of individuals may vary according to the policies established by the City. 20. "STANDARD WORK WEEK" as defined by the FI.SA shall mean a Regularly recurring set of seven consecutive days over which "Hours Worked" are to be totaled. The Standard Work Week for various departments or groups of individuals may vary as determined by the City in its sole discretion. 21. "TRANSFER" means the movement of any Employee from one Position to another Position, whether in the same Class or another Class, having essentially the same Pay Range. 22. "WORKING TEST PERIOD" means the first twelve months, plus any extension approved by the City Administrator. The Working Test Period is the examination period during which the Employee may be removed by a Department Head without right to advance notice, appeal or hearing. Working Test Period Employees have no right to, or legitimate expectation of, continued employment and may be terminated at any time, and for any reason that is not prohibited by law. ARTICLE 20o GENERAL PROVISIONS 2oo.i PURPOSE OF POLICIES These policies are intended to assist the City when managing Employees. These policies are not intended as, and do not create, a contract of employment for a particular period of time. All Employees are employed "at will," meaning the City, or Employees, may terminate the employment relationship at any time, and for any reason not prohibited by law. Zoo.2 UNLAWFUL ACTS No current or prospective Employee shall either directly, or indirectly, give, promise, render or pay any money, service, or other valuable thing to any person in connection with his or her employment, Promotion or proposed Promotion. 2oo.g ADMINISTRATION OF POLICIES The City Administrator shall be responsible for the proper administration of these policies. 200.4 DEPARTMENT HEADS Department Heads are accountable to the City Administrator for proper implementation of these policies within their departments. The Department Heads are expected to effectively supervise Employees. Department Heads may, following review by the City Administrator, adopt and enforce additional policies, so long as such additional policies are not inconsistent with these policies. 200.5 EQUAL EMPLOYMENT OPPORTUNITIES The City is extremely committed to equally providing employment opportunities for current and prospective Employees. Everyone who works for the City, or applies to work for the City, is entitled to have an equal opportunity for success based on his or her merit, qualifications, quality of work, or performance. Accordingly, all employment decisions made by the City, including those related to, hiring, Promotion, Demotion, Transfer, placement, lay off, disciplinary action, termination, compensation, and benefits shall be made without regard to race, creed, color, sex, religion, age, national origin, veteran status, physical or mental disabilities or handicaps, or any other prohibited basis under federal, state, or local law. Likewise, retaliation by the City against Employees who engage in activities protected by federal, state, or local law is prohibited. Current or prospective Employees must make complaints, raise questions, or identify concerns involving discrimination or retaliation if they have been subjected to, or have witnessed other individuals being subjected to, discrimination or retaliation in violation of this policy. Any such complaints, questions, or concerns can be made to the City Administrator, any Department Head, the City Attorney, or any supervisor. If any such complaints, questions, or concerns directly, or indirectly, involve the City Administrator personnel should immediately contact the City Attorney. The Department Heads and supervising personnel shall assist the City Administrator in his or her administration of the City's equal employment opportunity policy. However, the City Administrator shall be responsible for the implementation of the City's equal employment opportunity policy, including (i) the timely and appropriate investigation of any complaints, questions, or concerns regarding this policy, and (ii) any necessary remediation. 3 200.6 HARASSMENT PROHIBITED The City does not tolerate any form of harassment of any current or prospective Employee by supervising personnel, other Employees, agents, third parties conducting business with the City, members of the public, or customers, on the basis of race, color, religion, age, sex, national origin, physical or mental disability or handicap, veteran status, or any other prohibited basis under federal, state, or local law. Likewise, retaliation by the City against Employees who raise complaints, questions, or concerns regarding harassment is prohibited. Violations of this policy may result in disciplinary action, up to and including termination. Sexual harassment is misconduct that interferes with work productivity and wrongfully deprives Employees the opportunity to work in an environment free of unwelcome sexual overtones. Sexual harassment includes all unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (a) Submission to such conduct is explicitly or implicitly made a term or condition of an individual's employment; or (b) Submission to, or rejection of, such conduct is used as a basis for an employment decision affecting the individual who submits to, or rejects, such conduct; or c) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive working environment. The following are examples of sexual harassment: Verbal: Sexual innuendo, suggestive comments, insults, threats, jokes about gender-specific traits, or sexual propositions. Nonverbal: Making suggestive or insulting noises, leering, whistling, or making obscene gestures. Physical: Touching, pinching, brushing the body, coercing sexual intercourse, or assault. No supervisor, Employee, or agent shall promise, imply, or grant any preferential treatment to a current or prospective Employee in exchange for sexual favors. Additionally, no supervisor, Employee, or agent shall subject a current or prospective Employee to any conduct of a sexual nature that unreasonably interferes with his or her work performance, or has the effect of creating an intimidating, hostile, or offensive working environment. Current or prospective Employees must make complaints, raise questions, or identify concerns involving harassment, and retaliation for reporting harassment, if they have been subjected to, or witnessed other individuals being subjected to, harassment, or retaliation for reporting harassment, in violation of this policy. Any such complaints, questions, or concerns must be made to the Employee's immediate supervisor. If the complaint involves the Employee's immediate supervisor, the Employee shall contact the next level of supervisor. If the complaint ~ ... n i' involves the City Administrator, the Employee is to contact the City Attorney. The City Administrator shall be responsible for the implementation of the City's policy prohibiting harassment and retaliation for reporting harassment, including (i) the timely and appropriate investigation of any complaints, questions, or concerns related to this policy, and (ii) any necessary remediation. The Department Heads, Board of Aldermen, Mayor, and supervising personnel shall assist the City Administrator in his or her administration of the City's policy prohibiting harassment. ARTICLE soo COMPENSATION PLAN (See Appendix A) ARTICLE doo RECRUITMENTAND SELECTION 4oo.i ANNOUNCEMENTS Notice of vacant Positions shall be published by posting announcements on the City's official bulletin boards and in such places the City Administrator deems advisable. Announcements shall specify general information regarding the Position, including a description of the Position's minimum requirements and any required examinations. Notices for Promotions will include, along with other appropriate information, minimum requirements and examinations that must be successfully completed to be eligible for the Promotion. Applications and resumes submitted for vacant Positions will be maintained by the City for six months. 400.2 RESIDENCY REQUIREMENTS Unless otherwise required by state or federal law, the City does not currently require Employees to be residents of the City. However, the City may use residency as a determining factor when choosing between prospective Employees, or considering current Employees for Transfers or Promotions. 4oo.g RESPONSE TIME Generally, Employees should be able to commute to the City in thirty (30) minutes or less. Due to unique responsibilities of certain Classes, Employees may be required to meet specified response times. Response times are subject to each department's policies and must be approved by the Board of Aldermen. In the absence of a required, stated response time, public safety Employees currently residing at a distance that would not allow them to return to duty within thirty (go) minutes should check immediately with the City's emergency dispatcher to determine if their required response maybe required. 400.4 EMPLOYMENT OF RELATIVES Employment of family members shall be governed by the following provisions: The City shall not employ persons related to an elected official of the City during the tenure of said elected official unless the employment precedes the election. Y. ,.. ~ ., 2. Persons related to an appointed Commission or Board member shall not be employed by the City in any department directly associated with the Commission or Board during the tenure of said appointed official. g. Persons related to each other shall not be employed by the City in the same department. 400.5 RESPONSIBILITY TO REPORT FOR WORK IN ADVERSE CONDITIONS All Employees of the City shall be expected to report to work despite inclement weather, disasters, and other adverse conditions. Employees unable to report to work because of inclement weather, disasters, and other adverse situations must use any vacation or compensatory off. In the event of inclement weather, disasters, and other adverse conditions, Employees engaged in work directly related to the health, safety and welfare of the community (i.e. Public Works or Public Safety) shall be expected to exhaust every effort in reporting to work in a timely fashion. 400.6 HIRING AUTHORITY The City Administrator has the authority to hire qualified individuals for positions that are classified as either seasonal or part-time. All other hiring require approval from the Board of Aldermen. ARTICLE 50o THE WORKING TEST PERIOD 500.1 DURATION All newly hired Employees, and all Employees receiving a Promotion or Transfer shall be required to successfully complete a twelve (t2) month Working Test Period. 500.2 DISMISSAL, DEMOTION, SUSPENSION DURING WORKING TEST PERIOD At any time during Working Test Periods, Department Heads may, in their sole discretion, recommend to the City Administrator Demotion or termination of any Employee in their respective departments. Upon a Department Head's recommendation, the City Administrator may demote or terminate any Employee who is still within his or her Working Test Period. 5oo.g EMPLOYEE EVALUATION DURING WORKING TEST PERIOD At least ten (io) days prior to the expiration of an Employee's Working Test Period, and in such manner as the City Administrator may prescribe, the Employee's Department Head shall evaluate the Employee's performance and notify the City Administrator in writing whether the 6 Employee's performance has been satisfactory and whether the Employee should be retained in his or her Position. ARTICLE 60o PROMOTION POLICY 6oo.i GENERAL Vacancies in Positions above the lowest rank in any Class shall be filled, so far as practical, by the Promotion of qualified Employees. In order to be considered a Promotion, an Employee must receive a genuine increase in job duties and responsibilities and a position in a higher pay range. 600.2 PROMOTION DECISIONS When making Promotion decisions, the City shall consider Employees' performance, knowledge, abilities, efficiency, qualifications, attendance record, and length of continuous service with the city. ARTICLE goo DISCIPLINE ~oo.i DISCIPLINE DEFINED The nature and severity of Employees' violations of the City's performance and behavioral standards may dictate the appropriate degree of discipline. Employees who violate the Cit}~s performance and behavioral standards maybe disciplined as follows: A. Oral Warning. Minor violations maybe discussed with Employees. B. FYrst Level Written Warning. More serious violations, or repeated minor violations, maybe memorialized in the Employee's Personnel File. C. Second Level Written Warning. Serious violations, or repeated minor violations, may be memorialized in a written reprimand to be placed in the Employee's Personnel File. The Employee will read and acknowledge, by signing, the written reprimand document. D. Demotion. In addition to the discipline set forth above, the City may demote an Employee. E. Suspension. In addition to the discipline set forth above, Department Heads and/or the City Administrator may, in their sole discretion, suspend an Employee, with or without pay. Department Heads may suspend Employees up to seven (~) calendar days. Suspensions for a longer period will require approval of the Board of Aldermen. F. Termination. In addition to the discipline set forth above, Employees may, for any lawful reason, be terminated at any time. 7 T. .. ., ~ ~ X00.2 PERFORMANCE AND BEHAVIORAL STANDARDS All Employees of the City are employed "at-will," meaning both the Employee and the City may terminate the employment relationship at any time and for any reason not prohibited by law. Discipline maybe appropriate when, among other things: A. Employees have been found guilty of a crime involving moral turpitude. B. Employees have willfully, unnecessarily or through negligence, committed acts of brutality or cruelty to persons in custody, provided the acts committed were not necessary or lawfully done (i) inself-defense, (ii) to protect the lives of others, or (iii) to prevent the escape of a person lawfully in custody. C. Employees have violated any of the City's policies. D. Employees have been guilty of any conduct unbecoming of Employee of the City, as determined by Department Heads, with the approval of the City Administrator. E. Employees have violated any lawful direction given by supervising personnel, Department Heads, the City Administrator, the Board of Aldermen, and/or the Mayor. F. Employees have been under the influence of intoxicants while on duty. G. Employees have possessed, transferred, or sold illegal or controlled substances while on duty or on the City's property. H. Employees have been inefficient, negligent, incompetent, or ineffective in the performance of their duties. I. Employees have received two successive unsatisfactory efficiency ratings. J. Employees have used, threatened to use, or attempted to use, personal or political influence in securing a (i) Position, (ii) leave of absence, (iii) Transfer, (iv) Promotion, (v) increase in Pay Rate, (vi) or change in any other term or condition of employment. K. Employees have induced, or attempted to induce, an Employee of the City to commit an unlawful act. L. Employees have taken, for their personal use, a fee, gift, service, or other thing of value when given in the hope or expectation of receiving a favor or better treatment than that accorded other persons. M. Employees have engaged in outside business activities while being paid by the City N. Employees have used the City's property or personnel for outside business, or personal, pursuits. O. Employees have failed to maintain satisfactory attendance records. P. Employees have carelessly, negligently, or improperly used• the City's personnel, property, equipment, materials, information, or funds. Q. In the judgment of the Department Head, City Administrator, or Board of Aldermen, continued employment is detrimental to the interests of the City. R. Employees have falsified information in their employment application or other documents provided by Employees to the City related to their employment by the City. ARTICLE 80o SAFETY ACCOUNTABILITY POLICY (SEE ArPENDIX ARTICLE 90o SEPARATION OF EMPLOYMENT 9oo.i RETURN OF CITY PROPERTY Upon separation of employment, Employees must return all properly rightfully belonging to the City, such as apparel, badges, weapons, fire gear, keys, tools, etc., in their possession. 900.2 EXIT INTERVIEWS Employees are encouraged to arrange an exit interview with their Department Head and/or CiTy Administrator. ARTICLE iooo HOURS OF WORKAND LEAVES OF ABSENCE iooo.i HOURS OF WORK The Standard Work Week shall generally be forty (40) hours. The number of hours comprising a Standard Work Week maybe modified by Department Heads, in their sole discretion. iooo.2 PAID VACATION General Information: All full-time employees and part-time employees working at least io4o hours in a calendar year are entitled to accrue vacation leave. The amount of vacation accrued is based upon length of service as specified below. Vacation accrual rates will be adjusted on the employee's anniversary date. Annual Accrual Maximum Service Re uirement Rate Accumulation At least i Year, but less than 2 ears io Da s i Da s At least 5 years, but less Than io ears i Da s 22. Da s At least io years, but less Than i ears 18 Da s 2 Da s At least i5, but less than 20 ears 20 Da s o Da s At least 20 years, but less than 25 years 23 Days 34.5 Days 25 years and over 2rj Days 3~.5 Days Carry Over Provision: Employees will be able to "carry over" a total of one and one half times their annual accrual. The "carry over" date will be January i. At that time, any vacation time in excess of the one and one half times the annual rate will be lost and will have no monetary value. New Employees: Employees will earn vacation leave monthly from their initial employment date, but are not authorized to use the accumulated leave until they have completed 6 months of service. Holidays Occurring During Vacation: Any holiday recognized by the City that occurs during an Employee's scheduled vacation will not be counted as vacation time. Use of Accumulated Vacation Time: The use of accumulated vacation time must be approved by the employee's supervisor, consistent with the needs of the City. Payment of Vacation Upon Termination: Terminated Employees will be compensated for unpaid vacation that accrued during the calendar year of their terminations, provided the Employees have been employed by the City for at least six (6) full months. iooo.g SICK LEAVE Employee scheduled to work a Standard Work Week shall accrue sick leave at the rate of one (i) day per calendar month of employment. Employees working at least io4o hours in a calendar year are entitled to accrue sick leave. Employees who do not work a Standard Work Week, but work at least io4o hours in a calendar year, shall receive sick leave on a pro rata basis as compared with the Standard Work Week for their department, as determined by the appropriate Department Heads, in their sole discretion. Sick leave accrual shall be limited to a maximum of 10 ninety (90) days. Sick leave shall be used by Employees (i) when they are ill, injured, or temporarily disabled (ii) for health care provider and dental appointments, or (iii) to care for a family member that is ill, injured, or temporarily disabled. Employees who have exhausted accrued sick leave and require additional time off may use any or all of their accrued vacation. Employees who become ill, injured, or temporarily disabled while using scheduled vacation shall not be entitled to substitute sick leave for vacation. At least thirty (30) minutes before they are scheduled to arrive at work, Employees using accrued sick leave must notify their Department Heads of the reasons for such sick leave. Employees absent for three (3) or more continuous days must keep their Department Heads informed about the reasons for their continued use of sick leave. Employees maybe required to substantiate their need for sick leave by providing certification from a licensed health care provider. Employees who do not use any accrued sick leave during a calendar year shall receive the equivalent of pay for one Standard Work Day, payable on the first pay day in the following calendar year. Except for Employees retiring to a City sponsored pension plan, Employees will not be compensated for unused and unpaid sick leave upon termination of their employment by the City unless the Employees' voluntarily terminate their employment because they have serious health conditions interfering with their ability to perform the essential functions of their jobs. Employees retiring to such a City sponsored pension plan will be compensated for 50% of their accrued sick leave. iooo.4 WORK-RELATED INJURY LEAVE Employees who suffer on-the job illnesses or injuries are covered under the Missouri Workers' Compensation Act and its implementing regulations. Employee suffering on-the job injuries or illnesses may be entitled to statutory workers' compensation benefits in an amount equal to a percentage of the Employee's average weekly wage. Work-related injuries sustained in connection with drug or alcohol use may result in the reduction or forfeiture of the injured Employee's workers' compensation benefits. iooo.5 TRANSITIONAL DUTY Employees who have suffered injuries, illnesses, or disabilities that temporarily limit their ability to perform normal work assignments may be assigned transitional duty. Transitional duty includes modified job assignments that take into consideration physical restrictions applicable to Employees, as determined by the Employees' licensed health care providers. Transitional duty will be made available on a temporary basis and will depend on the City's ability to provide modified work assignments, as determined by the City in its sole discretion. When available, transitional duty is limited to a period of ninety (90) days. iooo.6 FAMILY AND MEDICAL LEAVE 11 .. To be eligible for family and medical leave, Employees must have been employed by the City for at least twelve (i2) months and have worked at least i,25o hours during the twelve (i2) month period proceeding the time the leave is taken. Eligible Employees maybe entitled to twelve (i2) unpaid workweeks of leave during any twelve (i2) month period for the following reasons: (i) because of the birth or placement for adoption or foster care of a child; (2) because of a serious health condition of a spouse, child, or parent; or (g) because of the Employee's own serious health condition. A serious health condition is an illness, injury, impairment, or physical or medical condition involving either inpatient care or continuing treatment by a health care provider. Leave may only be taken intermittently, or on a reduced schedule, under the following circumstances: For the birth or adoption of a child. Only if the City agrees, in advance, to allow reduced or intermittent leave. For a serious health condition of the Employee or the Employee's spouse, child, or parent. Intermittent leave may only be taken if medically necessary. If an Employee's request for intermittent leave is foreseeable based on planned medical treatment, the City may require Employees to Transfer temporarily to alternative Positions with equivalent pay and benefits that better accommodate recurring periods of leave. Employees requesting family and medical leave shall notify their Department Head as soon as practicable. When possible, in the case of leave for the birth or placement of a child, Employees shall give 3o-days advance notice before the date leave will begin. Employees requesting family and medical leave must concurrently use unused sick leave or paid vacation at the beginning of the leave period. In other words, Employees are not permitted to take family and medical leave and then begin using sick leave and vacation. If an Employee's spouse is also employed by the City and the Employee and his or her spouse both wish to take leave to care for a newborn or adopted child, the Employee and his or her spouse are entitled to family and medical leave in the aggregate amount of twelve (i2) weeks. Leave for the birth or placement of a child may only be taken within the twelve (i2) month period following the birth or placement. Employees completing a period of family or medical leave shall ordinarily be returned to the same Positions, or to Positions with equivalent pay, benefits, and other terms and conditions of employment, as they had before the family and medical leave. Employees returning from family medical leave for their own serious health conditions must provide certification from health care providers stating they are able to resume work. While on family and medical leave, Employees are entitled to receive benefits under the same terms and conditions as when they were on the job. In order to continue receiving benefits, Employees on unpaid family and medical leave must continue making their own required contributions for such benefits. Unless an Employee is unable to return to work because of the continuation, recurrence, or onset of a medically certified serious health condition that would otherwise entitle the employee to family and medical leave, or due to circumstances beyond the Employee's control, any contributions for benefits made by the City for the Employee while he 12 or she is on family and medical leave must be repaid by the Employee if the Employee fails to return from leave. All leave taken for short-term disability, long-term disability, workers' compensation, and sick leave (when appropriate) shall be considered family and medical leave. Family and medical leave is not a proper basis for disciplinary or other adverse employment actions. iooo.~ MILITARY LEAVE Military Leave of Absence. The City supports those who serve in the armed forces to protect our country and its citizens. Consistent with this commitment, and in accordance with state and federal law, Employees who must be absent for military service are entitled to take an unpaid military leave of absence. Employees taking unpaid military leaves of absence may use accrued vacation while on military leave. The time period in which an individual has to make application for reemployment, or report back to work, after military service is based on time spent in military duty. For service of less than thirty one (3i) days, the individual must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an eight-hour rest period. For service of more than thirty (30) days but less than one hundred eighty one (i8i) days, the individual must submit an application for reemployment within fourteen (i4) days of release from service. For service of more than one hundred eighty (i8o) days, an application for reemployment must be submitted within ninety (90) days of release from service. In order to return to work or be considered for reemployment following a military leave of absence, an individual must not have been separated from military service due to a disqualifying discharge or other than honorable conditions. When an Employee's military leave ends, and the Employee has met all of the conditions set forth above for returning to work, the Employee will be reinstated to the Position he or she formerly held, or to a Position that is equivalent, or comparable, to the Position the Employee would have attained in the absence of the military leave, as long as the Employee is qualified and otherwise meets all of the requirements of state and federal law. Employees called to military service must advise their Department Heads, in writing when possible, as soon as practicable regarding their need for military leave. Employees whose military leave has ended must return to work, or inform the City that they want to be reinstated, as required by state and federal law. Every reasonable effort will be made to return eligible employees to their previous position. Annual Military Training Leave. Under Missouri law, Employees of the State and any municipality in the State, who are, or may become, members of the National Guard or of any reserve Armed Forces reserves, shall be entitled to a leave of absence from their respective duties without loss of time, pay, regular leave, impairment or efficiency rating, or of any other right or benefit to which otherwise entitled, for all periods of military service; except that Employees, while on leave, shall be paid his or her salary or compensation for a period not to exceed a total of fifteen (i5) working days in any calendar year. 13 ~ ... .. n T ~,. iooo.8 UNPAID LEAVE OF ABSENCE Upon written request, the City Administrator may grant an Employee an unpaid leave of absence for a period not to exceed one (i) year. The unpaid leave of absence, and the Employee's employment by the City, may be terminated, at the sole discretion of the City Administrator, if the Employee is actively self-employed, or becomes employed by a third party, during the unpaid leave of absence. Employees on an unpaid leave of absence under this policy shall not continue accruing sick leave and vacation. Likewise, when an Employee's unpaid leave of absence under this policy exceeds one calendar month, the City shall discontinue all contributions for the Employee's benefits. iooo.9 JURY DUTY Employees who are summoned to jury duty will receive their regular rate of pay until released by the court. Hours spent on jury duty beyond the normal work day will not be submitted for overtime compensation. Any monies received by the Employee from the court for jury duty will be assigned to the City. iooo.io VOTING LEAVE With supervisory approval and consistent with the staffing needs of the City, Employees eligible and registered to vote in any election will be entitled to a reasonable amount of unpaid leave time to cast their vote. iooo.ii BEREAVEMENT LEAVE Employees are entitled to three (g) days leave with pay for the death of a Family Member. Up to an additional two days can be authorized by the Department Head or City Administrator for exceptional circumstances. At the discretion of the Department Head or City Administrator an Employee can be granted one day bereavement leave to attend the funeral service of a person who does not meet the definition of a family member. ARTICLE iioo EMPLOYEE DEVELOPMENT (SEE APPENDIX C) ARTICLE i2oo GENERAL PROVISIONS 1200.1 APPEARANCE Employees are expected to be appropriately dressed for the type of work they perform. Department Heads are responsible for determining appropriate dress codes for their departments. In general: i. Office Personnel should be properly attired for the office environment. Casual attire, such as shorts, is unacceptable and not permitted unless specifically authorized by supervising personnel. 2. Employees receiving uniforms provided by the City are required to wear 14 ,r. ... n ,. T ~. such uniforms and to report to work with their uniforms in clean and neat condition. Deviations on the wearing of the uniform must have supervisory approval. 3. Unless otherwise authorized employees may not wear t-shirts and caps with slogans, symbols, etc. that (i) would demonstrate a City preference for a particular vendor or product, (ii) maybe considered offensive to the public, or (iii) support a political candidate or philosophy, and all work attire should be in a clean and neat condition. i2oo.2 OUTSIDE EMPLOYMENT The City has no objection to outside employment that does not adversely affect Employees' attendance or efficiency, or otherwise compromises the City's confidential and proprietary information or reputation. Outside employment requires prior written approval from an Employee's respective Deparhnent Head. Each Department Head may be asked to provide a list to the City Administrator identifying Employees with outside employment and where such Employees work. i2oo.3 USE OF TOBACCO PRODUCTS The purpose of this policy is to create a safe, clean and healthy working environment for all Employees. The use of tobacco products in all buildings, other than garage type structures, owned by the City is prohibited. 1200.4 BREAKS POLICY Consistent with the workload and with supervisory approval Employees are allowed a fifteen (i5) minute paid break to refresh themselves, make or take personal phone calls, etc for every four (4) hours worked. Department Heads are responsible for scheduling Employees' breaks. 1200.5 SOLICITATION, DISTRIBUTION, AND POSTING To avoid disruption of the City's business operations, solicitation by an Employee of any other Employee is prohibited during the Standard Work Day. Employees are prohibited from distributing documents and information at the City's facilities that are not related to the City's business operations. Only legally required and approved information and documents regarding the City's business operations, as approved by the City Administrator, shall be posted on the City's bulletin boards. ARTICLE 130o CODE OF ETHICS 1goo.1 GENERAL PRINCIPLE The sole function of local government is the efficient provision of facilities and services deemed essential for the standard of living demanded by the resident population. 15 ~ .. .. ¶ .. igoo.2 EQUAL TREATMENT Employees shall give fair and equal treatment to every citizen. No Employee shall grant special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. igoo.g FINANCIAL INTERESTS Employees shall not have direct, or indirect, financial interests in any contract with the City. Employees shall not have direct, or indirect, financial interests in the sale to the City of any land, materials, supplies, equipment or services. 1goo.4 ENGAGEMENT IN BUSINESS Employees shall not engage in any business or transaction that is inconsistent with the proper discharge of their duties as Employees of the City. Employees shall not engage in any business or transaction that would tend to impair their independence, judgment, or effectiveness in the performance of their duties as Employees of the City. igoo.g PRIVATE INTEREST LEGISLATION Employees must promptly disclose to the City Administrator the nature and extent of any financial or private interest in any proposed ordinances. igoo.6 REPRESENTATION OF PRIVATE INTERESTS Employees shall not appear on behalf of private interests before the City's Mayor, Board of Aldermen, City Administrator, Municipal Judge, Director of Public Safety, City Clerk,lY~easurer, City Attorney, City Prosecutor, City Engineer and Secretary to the Board of Aldermen, or any department or agency of the City government. Employees shall not represent private interests in any action or proceeding adverse to the interests of the City, including, but not limited to, any litigation, or any proceeding in Municipal Court, in which the City, or any of its officers, Employees, or agents, are a party or complainant. igoo.~ GIFTS Employees shall not accept any gift, in any form, such as services, loans, objects, promises, etc., from any person who is known, or believed, to be involved in any current or prospective business dealings with the City. igoo.8 DISCLOSURE OF CONFIDF.NTiAi. AND PROPRIETARY INFORMATION Employees shall not disclose confidential and proprietary information regarding the City, or its property, government, affairs, officers, or Employees. Employees shall not use confidential and proprietary information regarding the City, or its property, government, affairs, officers, or Employees to advance their own financial or private interests, or the financial or private interests of others. 16 ,• igoo.9 SALES TO THE CITY Employees shall not sell or barter anything to the City. Employees shall not enter into any purchase agreement with the City for any products or services other than the products and services the City offers to the general public, such as utility services, and only then on the same terms as such products and services are offered to the public. igoo.io POLITICAL ACTIVITIES City employees are prohibited from being a candidate for or holding any elected City office and from endorsing, malting or soliciting contributions, or working for the election of, or the defeat of, any candidate for City office or any City ballot measure. In addition, employees are prohibited from seeking favors or assistance from the Mayor or any member of the Board of Aldermen for matters pertaining to their City employment. Employees are not prohibited from participating in political activity at other governmental levels. 1goo.ii USE OF CITY PROPERTY All facilities, buildings, equipment, motor vehicles, tools, supplies, materials, and other items of value owned by the City are to be used for the express purpose of assisting the City in providing services to its citizens. Employees shall not use any facility, building, equipment, motor vehicle, tool, supply, materials, or other items of value that are owned by the City for their own personal benefit, or for personal benefit of any other individual, unless required in the performance of the Employees' duties or authorized by a Department Head and/or City Administrator. igoo.i2 SUPPLEMENTAL RULES Department Heads may supplement this policy with additional codes of ethics that are uniquely peculiar or applicable to their respective departments. However, any such additional ethical codes shall be submitted to the City Administrator for approval. igoo.ig EMPLOYEE REFERENCES Only the designated Human Resources position for the City may respond to requests for Employee references. The information that will be provided is limited to: a. Dates of employment b. Position(s) with the City c. Pay Rates d. Eligibility for re-hire 17 ,~ _ „ n ARTICLE iaoo ALCOHOLAND CONTROLLED SUBSTANCE ABUSE POLICY i4oo.i POLICY It is the City's policy to comply with the Drug Free Work Place Act of 1988, the Omnibus Transportation Employee Testing Act of 1991, and all related implementing regulations. Unless otherwise designated, the City Administrator shall be designated as the controlled substance and alcohol Policy Administrator for the City. i4oo.2 PURPOSE The purpose of this policy is to assure Employees' fitness for duty and to protect Employees and the public from the risks posed by the illegal and inappropriate use of alcohol and controlled substances. It is also the purpose of this policy to comply with all applicable laws, including federal and state regulations governing work place alcohol and controlled substance abuse programs. These laws generally mandate urine drug testing and breathalyzer alcohol tests for safety sensitive positions and preclude the performance of safety sensitive functions when there is a positive result. Federal law has also established standards for collecting and testing urine drug test and breath specimens, reporting certain drug-related offenses, protecting Employees who are tested, and preserving confidentiality. This policy is also intended to provide certain reasonable suspicion testing of Employees innon-safety sensitive positions. The City seeks to (i) ensure its Employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner; (ii) create a work place free from the adverse effects of alcohol and controlled substance abuse or misuse; (iii) prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol and controlled substances; and (iv) encourage Employees to seek professional assistance when personal problems, including alcohol and controlled substance dependency, adversely affect their ability to perform their assigned job duties. 14oo.3APPLICABILITY In accordance with the Omnibus Transportation Employee Testing Act and the Department of Transportation's Federal Motor Carrier Regulations, this policy applies to all applicants for positions requiring a Commercial Driver's License (CDL), all Employees who possess a CDL, and all Employees who subsequently obtain a CDL. This policy also applies to Employees who perform safety sensitive or security-sensitive duties, including but not limited to, public safety personnel, emergency services personnel, and those whose primary job duties involve the operation of vehicles owned by the City. As set forth herein, some of the reasonable suspicion testing provisions in this policy shall apply to all Employees of the City. As a condition to the award of any service contracts, and the continuation of the same, all contractors of the City shall be required to state, in writing, that they comply with the provisions of this policy while providing services to the City, or while on City property. 18 i. ,.. .. n 7 i~ 1400.4 ALCOHOL & CONTROLLED SUBSTANCES PROHIBITIONS Employees in safety sensitive positions are prohibited from the operation of commercial motor vehicles on City business and/or from engaging in any work related functions: (i) while consuming alcohol; (2) while having a blood alcohol concentration of o.02 or greater; (3) within four (4) hours of consuming alcohol; and (4) within eight (8) hours after refusing to submit to an alcohol test. Employees in safety sensitive positions are prohibited from consuming alcohol within eight (8) hours after an accident described further in this policy. Employees who are not in safety sensitive positions are prohibited from engaging in work related functions: (i) while consuming alcohol; (2) while having a blood alcohol concentration of 0.04 or greater; and (g) within two (2) hours of consuming alcohol. All Employees are prohibited from the unauthorized use or possession of controlled substances at any time, whether on or off duty. All Employees are prohibited from the unauthorized possession of alcohol while on duty. Employees in safety sensitive positions who have been convicted of illegal conduct related to controlled substances or alcohol, or who fail to report such conviction to the Policy Administrator, shall be subject to disciplinary action up to, and including, separation of employment. Employees whose job performance requires the possession of valid CDLs and who lose their CDLs for violations of, or as a consequence of, the law shall be subject to disciplinary action up to, and including, separation of employment. Employees shall notify the Policy Administrator and their supervising personnel upon the loss or forfeiture of their CDLs. Failure to notify the Policy Administrator of the loss or forfeiture of a CDL shall result in immediate separation of employment. Employees who consume a prescribed or authorized controlled substance, or other substance of any kind, whose side effects may pose a direct threat to the health or safety of the Employee or others shall, upon reporting to work, and prior to engaging in any work related activity, or earlier if possible, provide written notice to the Policy Administrator of such consumption, and any restrictions imposed by the Employee's health care provider. Failure to comply with this reporting requirement shall be cause for disciplinary action up to, and including, separation of employment. 1400.5 CONTROLLED SUBSTANCE AND ALCOHOL TESTING PROVISIONS Employees working in safety sensitive positions shall be subject to controlled substance and alcohol testing, which may include the following types of tests: pre-employment testing, random testing (except as provided herein), reasonable suspicion testing, post-accident testing, return to work testing, and follow-up testing. Employees who do not work in safety sensitive positions shall be subject to those reasonable suspicion testing provisions set forth in this policy. Employees who have engaged in prohibited conduct under this policy related to alcohol shall be immediately removed from all work-related activities, and shall not be permitted to resume 19 work until they (t) are evaluated by a Substance Abuse Professional (SAP), and (2) comply with any required rehabilitation contract, and (3) have tested negative in afollow-up test. t. Pre-Employment Testing Pre-employment urine drug testing shall be required of all applicants for safety sensitive positions covered by this policy. Current Employees in safety sensitive positions shall be subject to the same urine drug test. Receipt of satisfactory test results is required prior to commencement of employment and/or engaging in safety sensitive functions, and the failure of a controlled substance or alcohol test disqualifies an applicant from appointment to employment for a period of at least t2o days. Evidence of the absence of controlled substances or alcohol dependency from a SAP, and negative controlled substance and alcohol tests, shall be required prior to further consideration for any employment or continued employment in a safety sensitive position, including reports from prior employers. 2. Reasonable Suspicion Testing Reasonable suspicion testing shall be used to determine fitness for duty. Employees will be subject to reasonable suspicion testing by urine drug and/or breath alcohol testing when there are documented, observable reasons giving the City, in its sole discretion, individualized reasonable suspicion that would cause the City to believe that (i) the use of a controlled substance or alcohol is adversely affecting an Employee's job performance or (ii) an Employee in a safety sensitive position has otherwise violated the city's safety policies. Reasonable suspicion testing shall be conducted when documented, objective facts and circumstances are consistent with the effects of controlled substance or alcohol use adversely affecting job performance, including, but not limited to, (i) direct observation of drug or alcohol use while the Employee is on the job, (ii) the possession of a controlled substance or alcohol on the job, (iii) one or more physical symptoms of being under the influence of controlled substances or alcohol while on the job, or (iv) information provided by reliable and credible sources, or independently corroborated, regarding the use or possession of a controlled substance or alcohol use adversely affecting job performance. Reasonable suspicion testing under this paragraph should be completed, when possible, within two (2) hours of the observation or report giving cause for the testing, but in any case, no later than (i) eight (8) hours after the observation or report giving cause for breath alcohol testing, and (ii) thirty-two (3z) hours after the observation or report giving cause for controlled substance testing. For Employees in safety sensitive positions, reasonable suspicion testing may also be conducted when an Employee (i) is directly observed using controlled substances at any time, (ii) possesses or sells controlled substances at any time, (iii) exhibits one or more physical symptoms of controlled substance usage at any time, whether such information is based on the observation of supervising personnel or the information is provided by reliable and credible sources or independently corroborated, (iv) is recently arrested for, or convicted of, an offense related to a controlled substance, (v) is recently identified as the focus of a criminal investigation involving illegal possession, use or trafficking of controlled substance, (vi) is believed by the City or anyone responsible for administering this policy, to have tampered with a drug test under this policy. Reasonable suspicion testing under this paragraph should be completed as soon as possible after the observation or report giving cause for the testing. 20 ,~. ,. .. n 1. T ~.. Reasonable suspicion testing may be based on the observations of supervising personnel trained to detect the signs and symptoms of controlled substance and alcohol use, or by other, reliable and credible sources. Any trained supervising personnel observing acts or omissions giving cause for reasonable suspicion testing, or any other supervising personnel receiving reliable and credible reports of Employees' acts or omissions giving cause for reasonable suspicion testing, should, as soon as possible, appropriately document their observations or the reports giving cause for reasonable suspicion testing. 3. Post-Accident Testing Post-accident testing shall be conducted after Employees are involved in vehicular accidents while on the job when (i) the accident results in one or more fatalities, (ii) a traffic citation related to the accident is issued to an Employee, or (iii) the accident causes an injury to a person requiring transportation to a medical treatment facility, or (iv) the accident results in disabling damage to one or more vehicles that requires towing from the accident site. Post-accident testing shall include breath alcohol and urine drug testing. When possible, post-accident testing should be completed within two (2) hours of the vehicular accident, but in any case, no later than (i) eight (8) hours after the vehicular accident for breath alcohol testing, and (ii) thirty-two (32) hours after the vehicular accident for controlled substance testing. Employees involved in vehicular accidents resulting in post-accident testing shall not consume alcohol for eight (8) hours following the vehicular accident. 4. Random Testing Employees in safety sensitive positions shall be subject to random testing. Random testing shall be unannounced and conducted with unpredictable frequency throughout the year using an established, scientifically-based selection method. Random testing shall be conducted as ordered by appropriate supervising personnel. Random testing shall be conducted no less frequently than required by federal law and implementing regulations. A minimum number of employees shall be randomly tested as required by federal law and implementing regulations. 5. Return to Work Testing Before being permitted to return to work, an Employee who tested positive upon controlled substance or breath alcohol testing will be subject to a return to work urine drug test and breath alcohol test. Before being permitted to return to work, an Employee who previously tested positive upon controlled substance or breath alcohol testing must test negative upon his or her return to work urine drug test and breath alcohol test and be evaluated and released to return to work by a SAP. 6. Follow-Up Testing Employees returning to work following a positive controlled substance or breath alcohol test will be subject to frequent, unannounced, and random follow-up urine drug testing and breath alcohol testing. Follow-up urine drug testing and breath alcohol testing will occur six (6) times during the twelve (i2) month period after an Employee returns to work, and additional random, follow-up testing may be continued for a period of up to sixty (60) months from the date an Employee returns to work date after a positive controlled substance or breath alcohol test. 21 ,r ,. .. a ,. Any Employee who questions the results of a required urine drug test under this policy may request additional testing. Additional testing (i) must be conducted on a split sample that was provided at the same time as the original sample, and (ii) the test shall be conducted at a qualified laboratory other than the laboratory where the original test was conducted. All costs associated with additional testing requested by an Employee shall be paid by the Employee unless the second test invalidates the original test. An Employee's request for additional testing must be made to the City's Medical Review Officer (MRO) within seventy-two (~2) hours after the Employee is provided with initial test results. Requests for additional testing made after the seventy-two (~2) hour period after the Employee is provided with initial test results will only be considered if, in the City's sole discretion, the Employee's delay was beyond his or her control. The methods for collecting, storing, and testing the split sample required under this policy shall be consistent with the procedures set forth in 49 CFR Part 40. ~. Failure or Refusal to Submit to Test Any Employee who fails or refuses to submit to a required test under this policy shall be considered to have tested positive. Any employee whose test results in a negative dilute finding will be given one opportunity to re-test. If the second test also results in a negative dilute finding the employee will be considered to have tested positive. In either of the above scenarios the employee will be subject to all of the consequences related to a positive test result under this policy. Employees ordered to be tested under this policy shall report immediately to a test site as directed by the City. Employees who do not timely report for testing as directed by the City will be treated as if they refused a test under this policy and shall be subject to the Employee all of the consequences related to positive test results under this policy. Employees who providing an insufficient testing sample, or providing an adulterated sample, will be treated as if they refused a test under this policy and shall be subject to the Employee all of the consequences related to positive test results under this policy. i4oo.6 TESTING CONTROLS ALCOHOL: Federal regulations require breath alcohol testing to be done using Evidential Breath Testing devices approved by the National Highway Safety Administration. Employees must first submit to an initial breath alcohol screening test. An initial breath alcohol screening test result that is less than o.oz blood alcohol concentration is considered negative. An initial breath alcohol screening test result that is more than o.02 blood alcohol concentration requires a second, confirmatory test. Any Employee with a blood alcohol concentration of o.02 or greater shall be suspended for at least twenty-four (z4) hours. CONTROLLED SUBSTANCES: Controlled substance testing for the following controlled substances is conducted by analyzing an Employee's urine specimen, and is performed at a laboratory certified and monitored by the U.S. Department of Health & Human Services: 22 (i) Marijuana (THC metabolite) (2) Cocaine (3) Amphetamines (4) Opiates (including heroin) (5) Phencyclidine (PCP) Employees of Public Safety will be subject to the NonNida io Drug Screen, which in addition to testing for the drugs listed above also tests for barbiturates, benzodiazepines, methadone, propoxyphene, and methaqualone. Testing for controlled substances is a two stage process. First, a screening test is conducted. If the test is positive for one or more of the controlled substances listed above, a confirmatory test is conducted for each identified controlled substance. The confirmatory test is a gas chromatography/mass spectrometry (GC/MS) analysis. Employees with positive confirmatory tests shall be immediately removed from work-related activity and interviewed by the City's Medical Review Officer (MRO). Employees with positive confirmatory tests shall not be permitted to resume work until they (i) are evaluated by a SAP, (2) comply with a rehabilitation contract, if any, and (3) have negative follow-up testing results. 1400.E EMPLOYMENT ASSESSMENT Employees testing positive for the presence of controlled substances or alcohol at or above minimum thresholds under federal law and its implementing regulations shall be evaluated by a SAP. The SAP shall evaluate each Employee who tests positive to determine what assistance, if any, the Employee needs in resolving problems associated with controlled substances or alcohol. Assessment by a SAP does not protect an Employee from disciplinary action, or guarantee continued employment or reinstatement by the City. i4oo.8 REHABILITATION Employees who are determined by a SAP to be in need of assistance for a controlled substance- or alcohol-related problem under this policy may be permitted to enter into a rehabilitation assistance plan approved by the City, provided (i) the Employee agrees with the City to adhere to the terms of the rehabilitation assistance plan, (ii) the rehabilitation assistance plan is consistent with legal requirements imposed under federal law and its implementing regulations, (iii) the Employee must provide a release of all medical records for use and review by the City regarding the rehabilitation assistance plan, and (iv) in the sole discretion of the City Administrator or the Board of Aldermen, the Employee's continued employment would be in the Cit}~s best interest. Employees may only be granted rehabilitation assistance once while employed by the City. Employees failing to complete or adhere to a rehabilitation assistance plan shall be considered to have resigned from their employment with the City. A rehabilitation assistance plan under this policy shall include the following terms and 23 conditions: i. Employees shall agree to undertake, and successfully complete, the rehabilitation assistance plan established for the Employee by the SAP; 2. Consistent with the rehabilitation assistance plan and this policy, Employees must agree to refrain from the use of controlled substances and alcohol; g. Employees must agree to unannounced random testing subsequent to their return to work; 4. Employees must agree to submit to areturn-to-work test; and 5. Employees must agree that any future controlled substance or alcohol violations shall be considered as a resignation of employment. 1400.9 CONTRACTUAL SUPPORT PROFESSIONALS The City shall secure a contract with an appropriately certified testing laboratory to conduct controlled substance testing and reporting required under this policy. The City may conduct alcohol testing using qualified personnel of the City appropriate testing equipment. The City shall engage the services of property credentialed and trained independent contractor to serve as the MRO. The MRO shall maintain all relevant records and provide required reports necessary for the City to comply with federal law and its implementing regulations. The City shall appoint a SAP for the providing of services under this policy. 14oo.io EDUCATION & TRAINING The City shall provide all Employees with a copy of this policy and additional educational materials regarding controlled substance and alcohol use and abuse and treatment. The City shall develop and provide training for all supervisors and managers who are responsible for the administration and enforcement of this policy. 1400.11 CONFIDF.NTiAi.ITY All records developed and/or acquired under this policy shall be maintained in strict confidence by the City, and its testing laboratory, MRO, and SAP. Records developed and/or acquired under this policy shall be maintained separately from the Personnel File and any other personnel records, and shall be kept in a secured location with other medical records. Unless otherwise required or allowed by law, records developed and/or acquired under this policy shall not be provided to others without the written consent of the affected Employee. 1400.12 COORDINATION WITH OTHER LAWS & POLICIES This policy shall be administered in compliance with all applicable federal, state and local laws. In the case of conflicts between this policy, other policies, and applicable laws, the Policy 24 Administrator shall, in his or her sole discretion, take appropriate actions to resolve any such conflicts. ARTICLE i~oo SECURITY i5oo.i SECURITY Security problems and violations cannot be handled in a constructive manner unless management knows about them. The City's security policy, therefore, places a strong emphasis on reporting security-related problems and violations so that the proper action may be taken. Written reports should be submitted to the City' Police Department, the City Administrator, or to Department Heads immediately after security problems and violations have occurred or been discovered. Written reports should include factual information regarding the security problem and violation. If time is of the essence, reports regarding security problems and violations should first be made verbally and later confirmed in writing. The following items should be reported: i. Criminal acts, including the theft or misappropriation of the City's assets. 2. Damage to City property, or an Employee's personal property while at the City's premises, involving actual or suspected mischief, vandalism, or criminal negligence. 3. Attempts by persons to misrepresent themselves as Employees or agents of the City. 4. Anyone loitering near buildings, offices, parking areas, walkways, entrances/exits, and service areas. 5. Questionable, threatening, or objectionable mail should be treated with caution and care and should not be handled by the City's Employees. 6. Questions regarding the whereabouts, or travel plans, for any city Employees or officials. ~. Apparent tampering of any locked files, supply rooms, cabinets, closets, or offices. 8. The loss of keys to any locked access building or supply rooms. 9. Unusual interest in proprietary and/or confidential information or documents belonging to the city. io. Losses of equipment or materials. 25 ~. ,.. ,. ,. ~ 1. ~ ~.. ARTICLE i6oo MISCELLANEOUS PROVISION i6oo.i PERSONNEL FILE Upon written request directed to the City Administrator, Employees may review their own Personnel Files. Department Heads and supervising personnel shall have access to Personnel Files of Employees under their supervision. No person shall copy, obtain, or use Personnel Files of any other Employee for (i) their personal use, or (ii) any purpose other than in connection with their responsibilities as an Employee of the City. ARTICLE i~oo INSPECTIONS AND COMPUTERS ~~oo.i INSPECTIONS OF LOCKERS, DESKS, FILING CABINETS, COMPUTERS AND OTHER CITY OWNED OR LEASED PROPERTY The City reserves the right to inspect, at any time, all property and the contents thereof, which is owned by, or leased to, the City, including, but not limited to vehicles, desks, lockers, offices, boxes, trash cans, files, cabinets, computers, computer programs, files and data storage media, and any receptacles or other type of fixtures or storage area or facility. Any person authorized by the City may, with or without the consent of the Employee or Employees who regularly use such property, search such property for any business purpose. Employees shall have no expectation of privacy in, or to, any property which is owned by, or leased to, the City. Employees must give their supervising personnel any keys, combinations, or passwords that would allow the City to access any property that is owned by, or leased to, the CSty. 100.2 COMPUTER SOFTWARE The usage of outside software and/or files, such as screen savers, games, and personal files, on the City's computer-related assets is prohibited unless properly authorized by the appropriate supervisor. Any unauthorized duplication or use of software acquired or developed by the City is prohibited. Employees are expected to comply with all software licensing agreements. 26 ~. ... _ ,. n „ t ~, ACKNOWLEDGMENT OF RECEIPT OF THE CITY OF RIVERSIDE PE ONNEL POLICIES I acknowledge I have been directed to carefully read the City of Riverside Personnel Policies and I have been encouraged to ask my supervising personnel, Department Heads, or the City Administrator any questions I may have regarding the City of Riverside Personnel Policies. Nevertheless, I understand and acknowledge that the City of Riverside Personnel Policies apply to my employment by the City. I further understand and agree that I am employed by the City at-will, which means either the City or I may terminate my employment by the City at any time, and for any reason that is not prohibited by law, and that the City of Riverside Personnel Policies, and any of its provisions, should not be considered or construed as establishing a contract, or guarantee of employment, for any particular period of time. I also understand the City of Riverside Personnel Policies supersede all previous policies maintained by the City regarding its Employees and that the City reserves the right to amend, modify, or cancel, at anytime, the City of Riverside Personnel Policies. Employee Printed Name Department Employee Signature Date: 27 i' Table of Contents Article Begins on Page ioo - Defmitions 200 -General Provisions Purpose of Policies Unlawful Acts Administration of Policies Department Heads Equal Employment Opportunities Harassment Prohibited 400 -Recruitment and Selection Announcements Residency Requirements Response Time Employment of Relatives Responsibility To Report To Work In Adverse Conditions Hiring Authority 500 -Working Test Period Duration Dismissal, Demotion, Suspension During Employee Evaluation During 600 -Promotion Policy General Promotion Decisions boo -Discipline Defined Performance and Behavior Standards 900 -Separation of Employment Return of City Property Exit Interviews iooo -Hours of Work and Leaves of Absence Hours of Work Paid Vacation Sick Leave Work-Related Injury Leave Transitional Duty Family and Medical Leave Military Leave Unpaid Leave of Absence Jury Duty Bereavement Leave i2oo -General Provisions i4 Appearance Outside Employment Use of Tobacco Products Breaks Policy Solicitation, Distribution, and Posting igoo -Code of Ethics 15 General Principle Equal Treatment Financial Interests Engagement In Business Private Interest Legislation Representation of Private Interests Gifts Disclosure of Confidential and Proprietary Information Sales to The City Political Activities Use of City Property Supplemental Rules Employee References i4oo -Alcohol and Controlled Substances Abuse Policy i8 Policy Purpose Applicability Prohibitions Testing Testing Controls Employment Assessment Rehabilitation Contractual Support Professionals Education and Training Confidentiality Coordination With Other Laws and Policies i5oo -Security 25 i6oo -Miscellaneous Provision 26 Personnel File i7oo -Inspections and Computers 26 Inspections of Lockers, Desks, FYling Cabinets, Computers, et. al. Computer Software Aunendix Begins on Pat=e A -Article goo, Classification and Pay Plan 28 B -Article 800, Safety Accountability 37 C -Article iioo, Employee Development 56 APPENDIX A ARTICLE 300 CLASSIFICATION AND PAY PLAN t .... n ,. Article 300 CLASSIFICATION & PAY PLAN 300.1 General Policy It is the policy of the City of Riverside, Missouri to maintain a Position Classification and Pay Plan designed to pay wages and salaries that provide incentives for excellence in job performance and that are equitable internally, that is, which are in a proper relationship to all other jobs within the City. Positions shall be grouped by job title and allocated to a pay grade and pay range based on job duties and functions which are approximately equal in complexity, difficulty, level of responsibility, and other job-related factors. The position classification plan provides a complete inventory of all regular positions in the classified service of the City. Appointed positions which do not fall within the position classification plan are City Administrator and Municipal Court Judge. It is also the policy of the City to pay salaries which compare favorably with other similar cities in the Kansas City area for comparable jobs within budget limitations and with full consideration for the public it serves. The Board of Aldermen adopts a Classification Plan by Ordinance, and approves the salaries to be paid as part of the annual budget. 300.2 Practice Guidelines Job Descriptions: A job description shall be created for each job class. It forms the foundation for classification of the position, for recruiting efforts, performance expectations, and training needs. A. The job description shall document the general purpose of the job, essential job duties, tasks and responsibilities, and other related job duties, tasks, and responsibilities. The job description shall also contain an inventory of the knowledge, skills, abilities, and other characteristics necessary for satisfactory performance of the job. Finally, the job description shall express the required training, education, and experience necessary for minimally qualified employees. Desired qualifications may also be stated. Job descriptions are to be interpreted in their entirety in relationship to others in the classification plan. Job descriptions are descriptive and explanatory of the kind of work performed and are not necessarily inclusive of all duties performed. They provide examples of work to be performed by employees in this job classification. The job description is subject to change at any time and employees in the job class will be advised should the job duties or requirements substantially change. B. The City Administrator shall be responsible for maintaining an official copy of each Job Description. Changes to the job description may be made by the City Administrator with the concurrence of the Board of Aldermen. 28 Y .. .. ~ ,. 300.3 Upkeep of Classification and Pay Plan The necessity of changing an employee's assigned job classification, modifying the content of a job description, updating salary ranges or other elements of the plan will arise due to the assumption of new City services, the expansion or contraction of existing services, substantial change in job duties, and changes in the salary levels for comparable positions in other similar cities in the area. The application of the Plan will be reviewed continually to verify the adequacy of job descriptions, the proper allocation of the jobs to the appropriate salary ranges, and to assure that employees are properly classified and compensated. The Board of Aldermen will review the compensation schedule as part of the budget process each year, and the City Administrator may recommend other schedules or an evaluation if deemed necessary. 300.4 Pay Structure The Pay Structure forms the foundation for the Pay Plan and is considered a part of the Pay Plan. The pay structure contains any number of pay grades necessary to accommodate all job classes and positions in the organization. The Pay Structure contains minimum pay rates, midpoint pay rates, and maximum pay rates for any given grade. 300.5 Payment Within the Pay Range All employees covered by the Pay Plan shall be paid at a rate within the pay range established for the respective job classifications except as described below. A. Salary of a Trainee: An employee who does not meet all of the established qualifications for a position may be appointed with the approval of the City Administrator at a "training" salary no more than 10% below the minimum salary established for the class. The employee shall continue to receive a reduced salary during the introductory employment period until the appointing Department Head, with the approval of the City Administrator, shall determine that the trainee is qualified to assume the full responsibilities of the position, and is moved to a rate in the salary range established for the position. If the trainee does not become qualified during the introductory employment period, he/she shall be removed from the position. B. Red-Circled Rates: Pay rates of individual employees who, because of long service, have exceeded the pay range maximum will be "red circled" until such time as adjustments to the pay range are made so that employees' pay falls within the pay range. To be "red circled" means that pay of the individual employee is "grandfathered" until the employee leaves the position, i.e. the pay plan does not require the "red circled" employees' pay to be reduced to fit the maximum normally allowed for the grade. When the position is filled with a new incumbent, pay is to be set within the normal range for the grade. "Red circled" pay rates are typically frozen; however, special accommodations may be made for such employees so that their 29 performance and service may continue to be recognized with periodic pay increases. (See also "Salary Increase Maximum".) 300.6 Hiring Range New employees, promoted and transferred employees shall be paid at a rate within the Hiring Range. The Hiring Range is the first third of the pay range. It is expected that individuals who meet the minimum qualifications for the position will be hired at the Minimum pay rate of the pay range. However, individuals hired or promoted may be paid more than the minimum under certain circumstances. A. When the candidate's pertinent training, education, or experience significantly exceeds the minimum qualifications, the individual may be paid at appropriate increments within the hiring range. The recommending Department Head shall provide supporting documentation indicating what training, education, or experience warrants the additional pay. Consideration will be given to the rates paid to current employees in similar positions, so as to preserve internal equity. B. When the City Administrator shall determine that there has been a demonstrated inability to recruit within the Hiring Range or that an applicant possesses exceptional qualifications (e.g. experience substantially above and beyond that which is required in the official job description for a position), the City Administrator may authorize the employment of an applicant at a higher rate than the Hiring Range. No employee shall be offered a rate above the Hiring Range without review of the Human Resources Director and approval of the City Administrator. 300.7 Pay For Performance When funds are available and at the discretion of the Board of Aldermen, employees shall be recognized for having met or exceeded established performance standards. The funding level, if any, for performance-based increases, shall be decided annually, and this Pay Plan is not intended to create a property right, promise, or contract, or expectation of funding for any performance-based increase, raise, or pay adjustment. A. The City shall maintain an active Employee Performance Evaluation Program and all performance-based increases shall be awarded in accordance with the Program. s. Guidelines for performance-based pay increases shall be recommended annually by the City Administrator and approved by the Board of Aldermen. The amount of performance-based increases shall differentiate between performers who are rated at various levels of performance. 30 Y 300.8 Overtime Pay and Compensatory Time Off A. Non-Exempt: Except for public safety Employees, Non-Exempt Employees shall be paid at the rate of one and one-half (1'/z) times their Pay Rate for Hours Worked in excess of forty (40) hours in a Standard Work Week, or (ii) receive compensatory time off at the rate of one and one-half (1 %) compensatory hours for every Hour Worked in excess of forty (40) hours in a Standard Work Week. The City reserves the right to grant compensatory time off in lieu of overtime pay, and any compensatory time off must first be approved by an Employee's Department Head. Public Safety Employees will be compensated with overtime pay, or compensatory time off, according to the FLSA and its implementing regulations. Hours Worked must first be authorized by a Department Head or the City Administrator. Department Heads, or other supervising personnel, may require Employees to work hours in excess of the Standard Workweek, and Employees shall not, without sufficient cause, refuse to work, or fail to work as scheduled. Without specific authorization from a Deparhnent Head or the City Administrator, Employees are not authorized to perform any work before, or after, their scheduled shifts, or remain at their work stations before or after the Standard Work Day. Compensatory time off shall not be allowed to accumulate in excess of one hundred and twenty (120) hours. Unused compensatory time can be carried over into the next calendar year. The City need not make compensatory time available to all Employees. Likewise, when the City makes compensatory time off arrangements with individual Employees, the agreements need not be the same for all Employees. B. Exempt: While not covered by the provisions of the FLSA, the Standard Work Week for Exempt Employees is defined as a 40 hour week. Consistent with the process approval of the City Administrator or Department Head, exempt Employees are expected to maintain a record of their time worked. Utilizing a flexible work plan that is consistent with the needs of the City, exempt Employees will be allowed to accumulate and take time off in exchange for hours worked above the Standard Work Week. Time off will be figured at the straight time rate (1 hour off for 1 hour worked). Upon separation from employment, Exempt Employees are not allowed payment for any unused balance of flexible time. 31 ~ .., _ ,.n 300.9 Holiday Pay The following nine days shall be holidays for all City Employees. New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Day First day of January Third Monday in January Third Monday in February Last Monday in May Fourth day of July First Monday in September Eleventh day of November Fourth Thursday in November Twenty-fifth day of December Whenever Thanksgiving, Christmas, or New Year's falls on a Thursday, City Hall will be closed for business the following Friday. When this occurs, it is the Employees discretion on reporting for duty. If a day off is taken, it must be subtracted from the Employee's vacation or compensatory leave balance. In addition to the regular rate of pay, an employee required to work on a holiday may receive eight hours of holiday pay which is computed at straight time hourly rates in effect on the day of the holiday, or compensatory time at the straight time rate. An employee who is on a sick day the day preceding a holiday will not be eligible for holiday pay. 300.10 On Call and Call Back Pay Non-Exempt Employees who are called back to duty after more than 1 hour has passed since their work day ended, will be allowed 2 hours of overtime pay or the actual overtime worked, whichever is greater. Non-Exempt Employees who are called back to duty less than 1 hour after their work day ended will receive overtime computed from the time the regular work day ended until the overtime assignment ends. 300.11 Termination Pay Employees terminating their employment with the City shall receive their final paychecks on the next regularly scheduled pay days following their terminations as long as final clearance processing has been completed. 300.12 Pay Records The Finance Officer shall be required to keep adequate records of all persons employed by the City and their Pay Range, Pay Rate, time worked, accrued vacation and sick leave, absences for vacation and sick leave, accrued overtime or compensatory time off and all absences using compensatory time off. After first consulting with the City Administrator, such records shall be available to an Employee, at reasonable times, for inspection by any Employee wishing to see his or her own pay records. Written authorization must be given by an Employee if someone other than the Employee is to receive the Employee's paycheck. 32 ,. 300.13 TRAVEL AND TRAINING EXPENSE REIMBURSEMENT GUIDELINES These guidelines are intended to provide a uniform approach for reimbursing the City's officials, officers and Employees for travel and other expenses incurred while conducting the City's business or attending training courses. Definitions "Eligible Individuals" shall include all persons employed by the City, and all elected and appointed off cials of the City, including the Mayor, members of the Board of Aldermen, and all Boards and Commissions of the City when such members are acting on behalf of the City. "Expenses" are costs actually and necessarily incurred in the performance of the City's business or attending training courses supported by documentation which reflects the destination, dates of travel, costs, etc. Transportation Eligible Individuals should choose modes of transportation involving the lowest amount of Expenses. When choosing modes of transportation, Eligible Individuals should consider factors such as (i) the distance to be traveled, (ii) the amount of travel time, and (iii) the purpose of the trip. With prior approval from the City Administrator, Eligible Individuals may use their personal vehicles in lieu of other forms of transportation. When the use of a personal vehicle is the most cost effective mode of transportation, Eligible Individuals will be reimbursed at a mileage rate established annually by the City Administrator. When mileage is reimbursed, no additional costs incurred by the Eligible Individual (e.g., gasoline, oil, maintenance, etc.) shall be reimbursed by the City. If the Employee elects to use his/her personal vehicle when air transportation is more cost effective, driving time will be the responsibility of the Employee (i.e., vacation time). The use of a rental vehicle will be reimbursed only if it is deemed necessary, justified, approved in advance by the City Administrator, and is used for a specific period of time (when neither a City vehicle nor personal vehicle is available for use). Eligible Individuals are expected to rent the smallest sized vehicle necessary to meet their needs and they will not be reimbursed for personal use (e.g., sightseeing). The City's insurance policy generally covers the use of rental vehicles; therefore the City will not reimburse costs of rental insurance. Eligible Individuals should only use buses, limousines, or taxis when necessary. Eligible Individuals are responsible for tipping taxi drivers, baggage handlers, etc. and such costs will not be reimbursed. If transportation is shared with someone from another jurisdiction, Expenses associated with such transportation shall be paid directly to the other individual's jurisdiction. 33 i' Lod in Following travel related to the City's business or attending training courses, Eligible Individuals should return to their permanent residences as soon as possible. Expenses associated with lodging will be reimbursed only in connection with travel which would preclude the Employee from arriving home before 10 p.m. Eligible Individuals shall make accommodations for lodging that are modestly priced and reasonably close and convenient to the location of the training courses or where the City's business is to be conducted. When available, lower government or conference rates shall be used. When possible, lodging Expenses shall be paid directly to the vendor. Prior to the Eligible Individual's departure, the City Clerk shall issue a check, and, if the lodging is within the state of Missouri, a letter of exemption from state sales tax. Lodging Expenses are reimbursed based on the "one person, one bed" rate and must be supported by receipts. If lodging is shared with someone from another jurisdiction, Expenses associated with such lodging shall be paid directly to the other individual's jurisdiction. Meals The City shall reimburse Eligible Individuals for meal Expenses incurred while traveling on City business or attending training. In most situations, the maximum amount of meal Expenses should not exceed $25. Authorization for additional Expenses for meals must be granted by the City Administrator prior to departure. It is expected that Eligible Individuals will exercise good judgment when dining and such meals should generally meet the same standards as if the Employee were bearing the cost. All meal Expenses shall be supported by receipts. For travel beyond the local area (i.e., greater than a 50-mile radius from Riverside), reimbursement for meals will be made on the following basis: 1.When travel begins before 7:00 a.m., breakfast Expenses shall be reimbursed. 2. When travel extends over the period 12 Noon to 1:30 p.m., lunch Expenses shall be reimbursed. 3.When travel ends after 6:00 p.m., dinner Expenses shall be reimbursed. Meal Expenses will not be reimbursed if the meals are provided in conjunction with air transportation or training costs. 34 Registration Costs Training registration Expenses shall be paid directly to the institution hosting the training. Requests for payment of training Expenses shall be submitted to the City's Fiscal Officer, and should include a completed registration form. Registration forms and checks shall be mailed directly to the institution hosting the training by the Fiscal Officer. When possible, Eligible Individuals shall take advantage of savings associated with registering early. Likewise, when possible, cancellations are to be made as soon as possible in order to maximize the refund of any training expenses. Communication Charges The City shall reimburse Eligible Individuals for communication (e.g., telephone, fax, and postage) Expenses incurred while traveling on City business or attending training. Eligible Individuals shall use the most economical and efficient means of communication. Miscellaneous The City will not reimburse Eligible Individuals for various costs incurred while traveling on City business or attending training, such as reading materials, shoe shines in-room movies, mini- bar charges, room service charges, bellman charges, laundry or dry cleaning costs or items relating to personal hygiene. The costs of handling clothes or equipment are not reimbursable. Vacation Combined with Official Travel The City Administrator must approve an Eligible Individual's combination of travel for City business or training with personal vacations. Travel Advances Travel advances should be limited to Expenses that cannot be prepaid, such as meal and transportation Expenses, and for projected expenses that would pose a financial burden on the Eligible Individual. Requests for travel advances shall not exceed $200 and must be approved by the City Administrator at least two weeks prior to the Eligible Individual's departure date. If travel advances are authorized, the receipts or vouchers for Expenses actually and necessarily incurred, and any remaining balance of the advance remaining from, or owed to, the Eligible Individual, shall be submitted to the City's Fiscal Officer as set forth below. Eligible Individuals shall not be given travel advances unless, and until, all prior Expense vouchers have been submitted, balanced, and approved. Procedure Any Eligible Individual seeking reimbursement of Expenses shall prepare, on a form provided by the City, a voucher identifying such Expenses that has been certified by the Eligible Individual as being true, accurate, and actually and necessarily incurred. Eligible Individuals are required to submit vouchers, and any other required documentation regarding Expenses, within ten (10) days of the completion of any business trip or training. Unless otherwise 35 provided herein, such vouchers shall be submitted to the City Administrator for approval. The City Administrator shall submit his or her vouchers to the Mayor for review and approval. Each Department Head shall be responsible for ensuring that expenses incurred for travel and training by Eligible Individuals under his or her supervision are (i) essential and (ii) reasonable and justified. Department Heads shall: 1. Approve in advance each proposed trip or activity. 2. Review and approve all Expenses. 3. Review and evaluate Expenses as guides for future authorization. The City reserves the right to perform an audit of any Expenses submitted by Eligible Individuals for reimbursement. The City Administrator shall perform such audits from time to time. Any findings of misrepresentation will be forwarded to the Board of Aldermen for appropriate action. It is the responsibility of the City Administrator to: Review all requests for Expense reimbursement for mathematical accuracy, required receipts, and authorized approvals. 2. Review Expenses for reasonableness and to make inquiries as deemed appropriate. 3. Return all requests for Expenses that (i) are not in compliance with these guidelines, or (ii) require additional documentation. 36 Appendix B Article 800 Safety Accountability . , ,. a ARTICLE8oo. SAFETYACCOUNTABILITYPOLICY 800.1 OBJECTIVE The purpose of this policy is to preserve lives, reduce injuries, and curtail property damage. Safety rules are designed to provide a safe and secure work place. Each Employee is responsible for performing his or her job in the safest manner possible. Employees are responsible for their personal safety and the safety of their co-workers and the general public. 800.2 SAFETY RULES Safety rules have been developed for Employees' protection and are an important element in providing good working conditions for all of the Cit}~s Employees. All Employees are required to obey the following safety rules: i. Employees shall never operate any machinery or equipment unless they are trained and specifically authorized to do so by supervising personnel. 2. Employees shall not operate defective equipment. g. Employees shall report defective or hazardous equipment to their supervising personnel. 4. Employees shall review instructions from their supervising personnel before operating any potentially hazardous machinery or equipment. 5. Employees should never begin a hazardous j ob without familiarizing themselves with all applicable safety techniques. 6. Employees shall make sure all safety attachments are properly adjusted and secured before operating any machinery or equipment. ~. Employees shall not operate machinery, equipment, or vehicles at unsafe speeds. 8. Employees shall shut off machinery, equipment, and vehicles when not in use. 9. Employees shall wear all necessary and required personal protective equipment and garments. to. Employees shall not wear loose clothing or expose long hair while operating machinery or equipment. ii. Employees shall not repair or adjust any machinery or equipment unless specifically authorized to do so by your Supervisor. 12. Employees shall not lubricate, clean, repair, or adjust any machinery or equipment while it is in motion. i3. Employees shall not repair or adjust any electrically driven machinery or equipment without opening and properly tagging the main switch. t4. Employees shall put away all tools, machinery, and equipment when not in use. 37 ,. i5. An Employee shall not lift items that are too bulky or too heavy to be handled by one person; Employees shall ask for assistance. ib. Employees shall keep all aisles, stairways, exits, emergency exits, fire boxes, control panels, and fire extinguishers clear of skids, boxes, air hoses, equipment, spillage, and all other items or obstructions. i7. Employees shall stack all materials neatly and make sure piles are stable; Employees shall not stack materials above a safe height. i8. Employees shall keep their work areas clean and neat. i9. Employees shall not engage in horseplay, teasing or otherwise distract fellow workers on the job. 20. Employees operating power trucks and other heavy equipment must safeguard other workers at all times; Employees must show courtesy to power truck and other heavy equipment operators. 21. Employees should never take chances when it comes to safety. Emergencies. In the case of emergencies Employees shall dial 9ii. Employees should be prepared to provide adequate information and directions. Employees shall also familiarize themselves with the City's Emergency Procedures Manual. Fire. In the event of a fire, each building has an exit procedure. This procedure should be rehearsed in periodic fire drills. In the event of a fire, Employees shall exit buildings by using stairways and emergency exits. Upon exiting buildings, Employees should proceed to the nearest designated gathering area and should remain at the designated area until released by their Department Heads. Soo.g REPORTING UNSAFE CONDITIONS AND WORKPLACE INJURIES Employees are required to report all unsafe conditions, even those that do not result in an injury. Employees shall immediately report to supervising personnel all work place injuries or illnesses. As soon as possible following the workplace injury or illness, but not more than twenty-four (24) hours after the workplace injury or illness is reported, supervising personnel shall complete an incident report that is to be forwarded to the City Administrator. 800.4 SAFETY COMMITTEE The Safety Committee is comprised of an Employee member from each department and the City Administrator. All accidents involving vehicles or personal injuries shall be reviewed by the Safety Committee. Following its review, the Safety Committee shall make recommendations regarding Employee discipline and opportunities to reduce the risks associated with any accidents involving vehicles or personal injuries. 800.5 SAFETY ACCOUNTABILITY GUIDELINES The following policy shall be followed when determining how Employees will be held accountable for unsafe acts and preventable accidents. The nature and severity of any unsafe acts or preventable accidents may dictate the appropriate degree of accountability. Incident forms must be completed and signed by (i) Employees involved in or witnessing unsafe acts, preventable accidents, accidents involving vehicles, or accidents involving personal injuries, and (ii) the 38 ,. T Department Head for any such Employees. Department Heads shall indicate on the incident forms if Employees are unable to complete the incident forms due to injury. Department Heads shall (i) list any suggestions and recommendations for reducing the risks associated with any unsafe acts, preventable accidents, accidents involving vehicles, or accidents involving personal injuries or (ii) describe any actions already taken by the department to eliminate or reduce the possibility of unsafe acts, preventable accidents, and accidents involving vehicles or personal injuries. Completed and signed incident forms shall be submitted to the City Administrator within twenty-four (24) hours of the unsafe acts, preventable accidents, accidents involving vehicles, or accidents involving personal injuries requiring completion of an incident form. 2. All incident forms involving vehicular accidents or accidents involving personal injury shall be given to the Safety Committee for review on a monthly basis. Each Employee involved in a vehicular accident or an accident involving a personal injury shall be provided written notice of any scheduled meeting wherein the vehicular accident or accident involving personal injury will be discussed. Employees shall be given the opportunity to respond to questions from, and present information supporting their actions to, the Safety Committee regarding the vehicular accident or accident involving personal injury at issue in said meeting. 3. The City Administrator shall provide written notice of the Safety Committee's recommendations regarding each Employee involved in an accident involving a vehicle or a personal injury. 4. The City Administrator shall, in the case of an accident involving a vehicle or a personal injury, consider the Safety Committee's recommendations, and take appropriate Employee disciplinary actions. In all circumstances involving an unsafe act or preventable accident, the City Administrator shall consider relevant facts and take appropriate Employee disciplinary actions. The City Administrator shall notify the Employee and his or her Deparhnent Head, in writing, of any disciplinary action arising from unsafe acts, preventable accidents, and accidents involving vehicles or personal injuries. 800.6 GENERAL SAFETY INFORMATION The information on the following pages is provided to help prepare City Employees to act in emergency situations. The following pages will cover: Emergency Contacts Natural Disaster Procedures 39 ,. Injury Procedures Communication and Evacuation Visitor Security Please read this information fully and store it in an easily accessible location. Any questions concerning the material covered in this manual should be directed to your supervisor. 40 r Comuuter Failure In cases of computer network failure, contact: 1. Your supervisor 2. Holly Phillips - 918-666 3. Eddie Seasholtz - 913-20~-1130 Power Outage Within the City complex, contact Public Works to assist with building administration. 1. Larry Meyer - 918-'pJ64 2. Bob Smith - 365-4107 City Ouick Contacts For building emergencies during off hours, contact one of the following associates (in this order): Your Supervisor City Administrator David Blackburn - 365-2022 Director of Public Safety Greg Mills - 365-1561 Local Emerpencv Contacts Standard Emergency Number for police, fire, MAST ambulance is 9-1-1 American Red Cross -Kansas City Chapter 211 West Armour Boulevard Kansas City, MO 64111 816-931-8400 Kansas City Poison Control Center Children's Mercy Hospital 2401 Gillham Road Kansas City, MO 64108 816-z34-3o00 Kansas City Power and Light - 1-888-LIGHTKC Missouri Gas Energy - 1-800-582-0000 FIRE 41 Y ... .. ,. n ~i' Initial Detection of Fire As soon as a fire is detected, pull the nearest fire alarm, notify 9-i-i (if possible) and exit the building through the nearest exit. Evacuation Procedures Do not stop to collect personal items. Instead, walk in a calm and collected manner toward the nearest exit or crawl low on the floor if smoke is obstructing your view or breathing. Upon exiting, meet your supervisor in the parking lot. I i imperative that your supervisor knows vo In cases of a false alarm, wait for confirmation from your supervisor before re-entering the building. 42 ,~. .. .. ~. ~ T. NAT~rxa-L DisasrExs Tornados It is important to recognize the following terms as defined by the Federal Emergency Management Agency (FEMA): i. Tornado Watch -Tornadoes are possible. z. Tornado Warning - A tornado has been sighted or indicated by weather radio. If a tornado warning has been issued and there is time to safely make an announcement, an announcement similar to the following to clear everyone from the floor will be made: "Attention Employees: A tornado warning has been issued for our immediate vicinity. Please go to [location] and take shelter.° The best shelter for the City complex is the basements of City Hall and Public Safety. File into the rooms, kneel on the floor as near to the edges/corners of the room as possible, and cover your head with your hands. The Public Safety dispatcher will have access to a weather radio and will keep track of the storm front. Only re-enter the building if the "All-Clear" has been given for the area. 43 ~. ... .. n i. 7 ~, NATURnt DisnsrExs CODrrnwED Flooding It is important to recognize the following terms as defined by the Federal Emergency Management Agency (FEMA): i. Flood Watch -Flooding is possible. 2. Flash Flood Watch -Flash flooding is possible. 3. Flood Warning - Flooding is occurring or will occur soon. 4. Flash Flood Warning - A flash flood is occurring. If a flood or flash flood warning has been issued, do not attempt to exit the building. Stay inside and await further instructions from your supervisor. If floodwaters have entered the building, do not move through standing water if at all possible. Flood waters maybe contaminated by sewage or may be electronically charged from underground or downed power lines. Also avoid movingwater -six inches of water can drown a grown person. All associates may leave the premises only when authorities indicate that it is safe to do so. 44 ,~ ... _ n 1, T ~ TERRORISM Overview Subsequent to the September III' attack on the World Trade Center, terrorism has become a risk for which it is important to prepare. While there is no such thing as a "standard" terrorist attack, there are responses to known terrorist situations that can be prepared for in advance. In the following sections, we will cover bomb threats as well as biological threats spread through the mail. For more information on terrorism response, visit the Department of Homeland Security website at: www.dhs.gov/dhspublic/. Bomb Threats-During the Situation Be advised to take all bomb threats seriously. If you receive a bomb threat via the phone, stay calm and try to collect as much information from the caller as you can. Ask the following questions of the caller: I. Where is the bomb located? 2. When is it set to detonate? 3. What does it look like? 4. Why was the bomb placed in our facility? Pay particular attention to the caller's voice and attempt to discern any unique characteristics such as age, sex, nationally and unusual speech attributes. Write down as much of the conversation as possible, and make a record of any background noises that could indicate the caller's location. Bomb Threats-Immediate Response If the bomb threat was a delivered message, immediately contact the Chief of Public Safety and write a description of the messenger and await instructions. 45 MAIL HANDLING What to Look For The Congressional Accountability Office of Compliance lists the following indicators of suspicious packages: • Excessive postage • Misspelled common words • No return address or strange return address • Unusual addressing, such as not being addressed to a specific person or the use of incorrecttitles/titles with no name • Restrictive markings, such as "personal," "confidential," or "do not x-ray° • Postmarks that do not match return addresses • Powdery substances felt through or appearing on the items • Oily stains or discolorations on the exterior • Strange odors • Excessive packaging material, like tape or string • Lopsided or bulky shape of envelopes or boxes • Ticking sounds, protruding wires, or exposed aluminum foil 46 ~ .. . n ~' T ~.. MAIL HANDLING CONTINUED What To Do If you come in contact with a suspicious package or letter, follow this procedure as adapted from the Congressional Accountability Office of Compliance: I. Do not handle the suspicious package. 2. Notify your supervisor or the receptionist; they will contact the local police g. If possible, gently cover the package with a trash can, article of clothing, etc. 4. Make sure the package is isolated and the immediate areas are cordoned off. 5. Shut off any fans or equipment in the area that may circulate the material. 6. Ensure that all persons who have touched the mail piece wash their hands with soap and water. ~. Call a postal inspector and the mail delivery service to report that you've received a parcel in the mail that may contain biological or chemical substances. 8. Provide a list to the authorities of all persons who had touched the letter/package - include contact information. 9. Place all items worn when in contact with the suspected mail piece in plastic bags and have them available for law enforcement agents. io. As soon as is practical, shower with soap and water. II. If prescribed medication by medical personnel, take it until otherwise instructed or it runs out. I2. If you have any questions, call the Center for Disease Control Emergency Response at (770) 488-7100. i3. Report the incident to your supervisor. 47 ~. ... ¶ ~. VISITOR SECURITY Suspicious visitors If a suspicious visitor is seen in the building reception, do not attempt to approach them. Alert your supervisor and if deemed appropriate, the Public Safety dispatcher. If an employee at any time feels threatened or uneasy around a visitor, they are to put as much distance between themselves and the threat as possible, and seek immediate assistance from the nearest employee. If you suspect that a visitor may cause imminent danger to him/herself or others, contact the police immediately. Former Employees If a former employee who is no longer welcome on the premises appears on-site, immediately report the incident to your supervisor. If the former employee threatens your safety or that of a fellow employee, stay calm. If the person is armed, do not attempt to disarm him/her. Follow all instructions/demands (if feasible) and call the police as son as possible. 48 ~ ,. .. 4 T, VisrroR SECVRrnt, COrrr... BUZZWOMiB If the receptionist ever feels uneasy towards a visitor, they should leave the reception area immediately and contact the Public Safety dispatcher. If the visitor is irate or will not allow the receptionist to leave the reception area, the receptionist should attempt to page or call any employee extension and indicate that s/he needs help by saying the buzzword "Mr. Mission.° If any employee hears this phrase, they are to contact the Public Safety dispatcher immediately to report a hostile intruder; all employees should then remain at their desks until management announces an "All-Clear." Communication If a robber threatens you, give them all possessions or cash they demand. Do not antagonize or attempt to disarm your attacker. Speak in a calm voice, keep conversations brief, and (if at all possible) respond with "yes" answers to questions the robber asks. If you know someone else is about to enter the area, let the robber know beforehand-avoid all surprises if possible. Robbers very rarely hurt people who cooperate with them, so always follow given instructions. After the robbery, immediately contact the Public Safety dispatcher and your supervisor. 49 INJURIFS~IVIEDICAL CARE Supervisors and Injuries Supervisors are required to assist associates in any crisis situation. All supervisors will be trained in CPR and basic First Aid. Need-to-know information for supervisors: I. During regular business hours Corporate Care is able to handle non life-threatening injuries, except those which are dramatic (i.e. a broken bone protruding through the skin). 2. During non-business hours medical care for non-life threatening injuries will be received from NKC Hospital. 3. Where treatment for life threatening injuries will be received will be at the discretion of MAST. The following pages will list what steps to take when witnessing choking, seizure, asthma attacks, chest pains, diabetic episodes, or other on-the job accidents. REPORTING ON-THE JOB ACCIDENTS Standard Procedure All on-the job injuries must be reported to Human Resources. 50 ~. ... _ n „ ,~ ~, INJURIES/MEDICAL CARE, CONTnvuED CPR Below is aneasy-view guide to CPR as created by the University of Washington School of Medicine. To print this guide, please go to: )~//den ..wa h' on..d, /1 .a*nc~nock Please note that all Safety Captains have been certified in CPR. CALL 9ii BLOW TILT HEAD LIFT CHIN CHECK BREATHING GIVE TWO BREATHS PUMP POSITION HANDS IN THE CENTER OF CHEST FIRMLY PUSH DOWN TWO INCHES ON THE CHEST ig TIMES CONTINUE WITH TWO BREATHS AND ig PUMPS UNTIL HELP ARRIVES Choking Below is an easy-vie guide to the Heimlich Maneuver as created by the University of Washington School of Medicine. To print this guide, please go to: h~p•//dep wa hineton edu/lea~pr/chokeconsciotts htlnl. Please note that all Safety Captains have been certified in the Heimlich Maneuver. Determine if the person can speak or cough. If not, proceed to the next step. Perform an abdominal thrust (Heimlich Maneuver) repeatedly until the foreign body is expelled. A chest thrust maybe used for markedly obese persons or in late stages of pregnancy. If the adult or child becomes unresponsive, perform CPR. If you see an object in the throat or mouth, remove it. 51 ~. ... _ ,. n T' 7 ~. INJURIES/MEDICAL CARE, CONTINUED Seizure The following are the Epilepsy Action group's recommendations for treating someone as they are experiencing a seizure. It is important to remember to: I. Protect the person from injury by moving any sharp or hard objects away from the body. You may only move the person if s/he is having a partial seizure. 2. Cushion the person's head if they fall. 3. When the convulsions cease to occur, gently turn him/her to their side and cushion their head to assist breathing. 4. Be quietly reassuring. 5. Attend to the individual until s/he regains full consciousness. 6. Go over any missed events. Do not under any circumstances: I. Restrain the person having the seizure. 2. Put anything in the person's mouth or force anything between his/her teeth. 3. Try to move the person. 4. Give the person fluids until they have full regained consciousness. For more information on seizures, or to reference this material, please go to http://www.epile~sy.org. 52 ~. ... ¶ i, 7 1. Asthma Attack The following are the Red Cross' recommendations for treating someone who is experiencing an asthma attack. An ambulance should only be called should an attack persist for more than 5 minutes: i. Stay calm in order to help the person suffering from an asthma attack. 2. Have the associate sit in an upright position. 3. Help the associate to take his/her medication or inhaler. 4. Attempt to slow the associate's breathing by counting slow breaths with them: "In... 1...2...g, Out...1...2...3 5. If no change in breathing occurs after 3 minutes, re-administer medication. 6. If no improvement occurs after 5 minutes, immediately call an ambulance. ~. Continue to administer asthma medication until the ambulance arrives. For more information on asthma, or to reference this material, please go to htto://www.redcross.org. Chest Pains The Health Communities online network lists many possible life-threatening causes of chest pains. Such causes could be: • Angina at rest • Heart attack • Aortic Dissection • Pulmonary Embolism • Pneumothorax Any associate experiencing symptoms of a heart attack should seek medical attention immediately and should not attempt to reach the hospital on their own. Be advised that chest pains are not the only indicator of a heart attack. Other indicators are as follows (these symptoms may last for several hours): 53 i INJURIES/MEDICAL CARE, CONTINUED • 'fYghtness or squeezing in chest, arm, upper back, neck or jaw • Feelings of indigestion, nausea, or sweating • Shortness of breath For more information the conditions listed above, or to reference this material, please go to htto://www.cardiologycha_nnPl rnm/oh s amain//. Diabetic Episodes Diabetic episodes/insulin shock occurs when a diabetic has a sugar imbalance in their system. Such an emergency can be caused by lack of food, too much exercise, or taking too much insulin. Symptoms of insulin shock are as follows: • Pulse and breathing are shallow and rapid • Pale, sweaty, and cold skin • The diabetic person is disoriented, aggressive, or irritable • The person may tremble, stagger, or have difficulty speaking If such symptoms are apparent in an associate, follow this procedure: i. Call an ambulance. 2. If unconscious, place the associate on their side and monitor their pulse and breathing. 3. If conscious, help the associate to find and take their diabetes medication. 4. If the associate is conscious but too confused to understand what is happening, give him/her something sweet to eat or drink. For more information on Diabetes, or to reference this material, please go to 11tt ://Arouse com/ ;a eti /html. 54 ~. ,.. ~ ,~, 7 ,, MEDIA COVERAGE Standard Procedure In cases of any media inquiry during or after an emergency situation, contact your supervisor. If a member of the media approaches you with questions, DO NOT say "no comment.° Simply refer them to your supervisor. If you are being repeatedly approached by the media, inform your supervisor immediately. 55 ~. ... I T. ~ ~,. Summary of Northwood Rd Burglaries Suspects Kevin C. Cotter w/m 02/12/73 Melissa A. Still w/f 06/02/72 Case #06004505-Date-06/26/06 Victim-Kristy J. Schuerger Address-5021 NW Northwood Rd Property taken in this incident, (1)-Dell Computer, which was pawned by Cotter at Northland Pawn in Northmoor Mo, and not recovered, valued at $1000.00. (2)-An Aiwa receiver pawned by Cotter at Northland Pawn and later recovered. Case #06005232-Date-07/21/06 Victim-Kristy J. Schuerger Address-5021 NW Northwood Rd Property taken in this incident, (1)-Gateway computer pawned by Cotter at Cash America Pawn at 3636 Main in KCMO and recovered. (2)-Compaq Presario Laptop computer valued at $1400.00 pawned and later picked up by Cotter at Shop N Pawn at 211 N. Osage in Independence Mo., not recovered. (3)-A Remington 12g. Shotgun, pawned at Pawn City in Gladstone Mo., recovered. Case #05006189-Date-09/18/05 Victim-Samuel J. Black Address-5011 NW Northwood Rd Taken in this incident, (1)-Sony DVD player valued at $200.00, pawned at Shop N Pawn in Independence Mo., by Cotter's girlfriend, Melissa Still on 09/18/06, not recovered. (2)-Sony receiver valued at $350.00, pawned by Still on the same date, at the same pawnshop, not recovered. (3)-Time Warner cable box, not recovered. Case #04008067-Date-10/04/04 Victim-Samuel J. Black Address-5011 NW Northwood Rd. Taken in this incident, (1) Pioneer receiver valued at $400.00, not recovered. (2) Sony DVD Player, valued at $300.00, not recovered. (3) John Deere chainsaw, valued at $175.00, not recovered. An attempt to locate these items was unsuccessful. The method of entry was through an unlocked sliding glass door. The items taken were similar to what Cotter has taken in the other burglaries? Cotter did confess to burglaries on Northwood Rd. Force was used on most of these burglaries causing damage to the residencies that had to repaired by the victims. An additional list of items taken from the victim's located at 5021 NW Northwood Rd is pending. APPENDIX C ARTICLE iioo Employee Development ~ .... n ~, - T ,.. This section has not yet been developed. 1' APPENDIX C ARTICLE iioo Employee Development This section has not yet been developed. T ... ~ n ..