HomeMy WebLinkAbout2009-063 - Employee handbookBILL NO. 2009-63
ORDINANCE N0.2009-63
AN ORDINANCE APPROVING AMENDMENTS TO THE
EMPLOYEE HANDBOOK 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 set forth in the Employee Handbook; and
WHEREAS, the City and its staff have created amendments to the current version of the
Employee Handbook; 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 welfaze 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 Employee Handbook is hereby amended and restated in
its entirety as set forth in Exhibit A, attached hereto.
Section 2. The provisions of the Employee Handbook amended 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, pazagraphs, clauses, and phrases of the Employee Handbook are
severable and if any portion of the Employee Handbook is declazed 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 of the Employee Handbook and all
provisions of the Employee Handbook not specifically declazed 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. This ordina~rn,,//ce shall take effect immediately.
Passed this ,[y of ~~, 2009.
Mayor Kathleen L. Rose
ATTE
Ci Clerk
ARTICLE 10o DEFINITIONS
t. "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.
3. "DEPARTMENT HEAD" means the Position of the highest Class within a
distinguishable organizational department of the City, as determined by the City
Adminish~ator 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.
io. "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 (i) hour of work,
or, in the case an Exempt Employee, the amount paid for one month of work
i3. "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 standazds, and documented achievements and
deficiencies.
t4. "PERFORMANCE IMPROVEMENT PLAN" (PIP): A plan that is implemented by
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.
t5. "PERSONNEL FILE" means employment records kept by the City Administrator or
his designee, and which are deemed by the City to be confidential records.
t6. "POSITION" means a job (whether part-time, full time, occupied or vacant) that
includes duties requiring the services of one person.
ty. "PROMOTION" means a change in an Employee's Position from one Class to a
Position of another Class having a higher maximum Pay Range.
t8. "REGULAR EMPLOYEE" means an Employee who has successfully completed his or
her Working Test Period.
t9. "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.
zo. "STANDARD WORK WEEK" as defined by the FLSA 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.
2t. "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 demoted or terminated pursuant to Section 500.2.
Working Test Period Employees, like all other employees, have no 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 anytime, and for any reason not prohibited by law.
200.2 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.
200.3 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 CYty Administrator for proper implementation of
these policies within their departments. The Department Heads are expected to effectively
supervise Employees. Deparment 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.
aoo.5 EQUAL EMPLOYMENT OPPORTUNITIES
The City is 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. [t is the City's policy to fill a position with the person the City believes is the best
qualified for the job, giving due regard to the provisions of Article 600. 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 promptly 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 Gtity Administrator,
their Department Head, or the Human Resources Administrator. If the complaint is not
promptly resolved, the employee should contact the Human Resources Administrator or the City
Administrator. 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 Cit}~s equal employment opportunity policy. However, the CYty
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
zoo.6 IMMIGRATION COMPLIANCE
The City of Riverside will comply with applicable immigration laws, including the
Immigration Reform and Control Act of 1986, the Immigration Act of i99o, and
Missouri House Bill 1549, enacted July ~, 2008. As a condition of employment, every
individual must provide satisfactory evidence of his or her identity and legal authority to
work in the United States.
200.E IIARASSMENT
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.
4
Current or prospective Employees must promptly 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
can be made to the City Administrator, their Department Head, or the Human Resources
Administrator. If the complaint is not promptly resolved, the employee should contact the
Human Resources Administrator or the City Administrator. If any such complaints, questions,
or concerns directly, or indirectly, involve the City Administrator, personnel should immediately
contact the City Attorney.
The City Administrator shall be responsible for the implementation of the City's policy
prohibiting harassment and retaliation for reporting hazassment, including (i) the timely and
appropriate investigation of any complaints, questions, or concerns related to this policy, and
(ii) any necessary remediation. The Deparhnent Heads, Boazd of Aldermen, Mayor, and
supervising personnel shall assist the City Administrator in his or her administration of the
City's policy prohibiting harassment.
ARTICLE aoo COMPENSATION PLAN (See Appendix A)
ARTICLE aoo RECRUITMENT AND SELECTION
4oo.i ANNOUNCEMENTS
Notice of vacant Positions shall be published by posting announcements on the City~s web site,
www.riversidemo.com, on the Cit}~s official bulletin boazds 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,
minhnum 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 at least twelve 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 qty. However, the City may use residency as a determining factor when
choosing between prospective Employees, or considering current Employees for Transfers or
Promotions.
400.3 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. 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 (30) minutes should check immediately
with the G~ty's emergency dispatcher to determine if their response may be required.
400.4 EMPLOYMENT OF RELATIVES
Employment of family members shall be governed by the following provisions:
t. The City shall not employ family members of an elected official of the City
during the tenure of said elected official unless the employment precedes
the election.
z. Family members of 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.
3. Family members will 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 time 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 requires approval from the Board of
Aldermen.
ARTICLE 500 THE WORKING TEST PERIOD
5oo.i DURATION
All newly hired Employees, and all Employees receiving a Promotion or Transfer shall be
required to successfully complete a twelve (tz) month Working Test Period.
5oo.z 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. The City Administrator may demote or terminate any Employee who is
still within his or her Working Test Period.
6
500.3 EMPLOYEE EVALUATION DURING WORKING TEST PERIOD
At least ten (ro) days prior to the expiration of an Employee's Working Test Period, and in such
manner as the City Adminish~ator may prescribe, the Employee's Department Head shall
evaluate the Employee's performance and notify the GSty Administrator in writing whether the
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.
6oo.z PROMOTION DECISIONS
When making Promotion decisions, the City shall consider Employees' performance, knowledge,
abilities, efficiency, qualifications, attendance rewrd and, ,length of continuous service with the
City. When more than one qualified employee seeks the position and the position is to be filled
by an existing employee, the existing employee the City deems most qualified shall be given the
position.
ARTICLE goo DISCIPLINE
~oo.i DISCIPLINE DEFINED
The nature and severity of Employees' violations of the Cit}~s performance and behavioral
standards may dictate the appropriate degree of discipline. While the disciplinary action below
is hierarchal, it is not required that disciplinary action begins at the least serious level.
Employees who violate the Cit}~s performance and behavioral standards may be disciplined, at
the City's discretion and for any lawful reason, as follows:
A. Docurnented counseling. This is the least severe form of disciplinary action.
Documented wunseling is an oral counseling session in which the employee is
counseled about his/her performance. A written record is made, signed by the
supervisor administering the counseling session and the employee. The
employee's signature acknowledges the counseling session and does not
necessarily imply the employee agrees with the disciplinary action. The report is
then placed in the employee's permanent personnel file.
B. Letter of reprimand. This is a written document which outlines performance
deficiencies and needed corrective action. The employee signs this document
acknowledging its receipt and it is then placed in the employee's permanent
personnel file.
7
C Suspension. Department Heads may suspend Employees up to seven (~)
calendar days. Suspensions for a longer period will require approval of the Board
of Aldermen.
D. Reduction in rank/title. In addition to any other disciplinary action defined
in this policy, the City may demote an Employee.
E. Termination. Employees may, for any lawful reason, be terminated at any time.
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 Cit}~s policies.
D. Employees have been guilty of any conduct unbecoming of an 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.
8
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 Cit}~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 SAFETYACCOUN'I'ABILITYPOLICY
SEE APPENDIX B)
ARTICLE coo SEPARATION OF EMPLOYMENT
900.1 RETURN OF CITY PROPERTY
Upon separation of employment, Employees must return all property rightfully belonging to the
City, such as apparel, badges, weapons, fire gear, keys, tools, cell phones, etc., in their
possession.
900.2 EXTT INTERVIEWS
Employees are encouraged to arrange an exit interview with their Department Head, Human
Resources, and/or City Administrator.
ARTICLE looo HOURS OF WORKAND LEAVES OFABSENCE
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.
iooos PAID VACATION
General Information: All regular full-time Employees (zo8o hours) 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.
VACATION LEAVE -REGULAR FULL TIME EMPLOYEES
Service Re uirement Annual
cc
Rate
Maximum
Accumulation
Less than 5 years ro Days i5 Days
t least 5 years, but less than io years i5 Days zz.5 Days
t least io years, but less than ig years i8 Days 2y Days
t least i5, but less than 20 years zo Days 3o Days
t least 20 years, but less than 25 years 23 Days 34.5 Days
5 years and over
z5 Days
37.5 Days
Part-time Employees working at least i5oo hours in a calendar year may accrue vacation leave
on apro rata basis as compared with the Standard Work Week for their department, as
determined by the appropriate Department Heads, in their sole discretion.
io
Fire/EMS personnel, with the exception of those on regular eight-hour shifts, shall accrue
vacation leave as noted below.
VACATION LEAVE -REGULAR FULL TIME FIRE EMS EMPLOYEES
Service Re uirement Annual
Accrual
Rate
Maximum
Accumulation
Less than 5 yeazs 96 Hours t44 Hours
t least 5 yeazs, but less than to years r44 Hours 2t6 Hours
t least to years, but less than 15 years t92 Hours 288 Hours
t least ts, but less than 20 years zt6 Hours 3z4 Hours
t least 20 years, but less than 25 years 24i Hours 261.5 Hours
5 years and over
z58 Hours
38~ Hours
Carry Over Provision: Employees will be able to "carry over" a total of one and one half
times their annual accrual. The "cazry over° date will be January t. 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.
Exceptions to this rule may be when the employee's scheduled vacation bewmes non-
compatible with the needs of the City. Once an exceptional situation has been granted through
his/her chain of command, the City Administrator, and Human Resources, an extended ninety
(90) calendar days will be given to the employee to take vacation prior to losing the amount
earned over his/her accrual limit. It is the employee's responsibility to monitor their vacation
bank and the corresponding accrual limit. At the end of the extension period, any accrued
vacation leave that is greater than the maximum limit, which is earned but not taken, will be
forfeited.
New Employees: Regular full-time Employees will earn vacation leave monthly from their
initial employment date, but aze 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 1Yme: 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.
tt
iooo.3 SICK LEAVE
Regular full-time Employees, except Fire/EMS personnel assigned to a 24/~ schedule, who work
a Standazd Work Week (4o hours) shall accrue sick leave at the rate of one (i) day, or 8 hours,
per calendar month of employment or 96 hours per year. Employees working at least i5oo
hours in a calendar year may accrue sick leave on a pro rata basis as compared with the
Standard Work Week for their department, as determined by the appropriate Department
Heads, at their sole discretion. Sick leave accrual shall be limited to a maximum of ninety (90)
days, i.e., yzo hours.
Regular full-time Fire/EMS Employees assigned to a z4/~ schedule shall accrue sick leave at the
rate of a hours a month or i34 hours per year, with a limit of ioo8 hours.
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 and aze required to apply for
Family Medical Leave. Employees may be 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 Standazd 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
CSty 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.
Employees may voluntarily donate a portion of their accumulated leave time to another City
Employee who is on sick leave, who has used all accrued leave days and who because of his/her
medical condition remains unable to return to work. The following conditions apply to such a
donation:
• All donations will be coordinated by the appropriate Department Head and the Human
Resources coordinator.
• Leave must be donated in whole day increments.
• Donated leave will be deducted from the donator's balance as needed.
• Donated leave from multiple donors will be used in the order in which it was donated.
12
• If an Employee returns to work or leaves the City employment, all leave donations will be
cancelled. The Human Resources coordinator will notify the donor(s) that the donation was
or was not used.
iooo.4 WORK-RELATEDItTTJURY LEAVE
Employees who suffer on-the job illnesses or injuries are covered under the Missouri Workers'
Compensation Act and its implementing regulations. Employees 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 qty'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.
1000.6 FAMILY AND MEDICAL LEAVE
Employees who have worked at least i,2go hours during the twelve month period immediately
preceding the commencement of the requested leave and who have been employed by the City
for at least twelve months (the twelve months need not be consecutive months) and who meet
the other requirements of the Family and Medical Leave Act (FMLA), maybe eligible to take up
to twelve (t2) work weeks (usually 48o hours for a full time Employee) of unpaid FMLA leave
during the calendar year for the following reasons:
t. Birth and care of a newborn child of the employee,
2. Placement of a child into the employee's family for adoption or by a foster care arrangement,
3. Care of the employee's spouse, son or daughter or parent who has a serious health condition,
4. Inability of the employee to perform the functions of the position due to a serious health
condition.
5. Because of any qualifying exigency (as defined by the Secretary of Labor's regulations)
arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on
active duty (or has been notified of an impending call or order to active duty) as a member of
the National Guard or military reserves in support of a contingency operation. Qualifying
exigencies may include attending certain military events, arranging for alternative childcare,
addressing certain financial and legal arrangements, attending certain counseling sessions,
and attending post-deployment reintegration briefings.
6. To care for an injured or ill service member. This leave may extend to up to 26 weeks in a
i2-month period for an Employee who is the spouse, son, daughter, parent or next-of--kin of
a current member of the armed forces (including the regular armed forces) who is injured or
t3
recovering from an injury suffered while on active military duty and who is unable to
perform the duties of the service member's office, grade, rank or rating. An employee is also
eligible for this type of leave when the service member is undergoing medical treatment,
recuperation or therapy; or is in outpatient status; or is on the temporary disability retired
list. This is the only type of FMLA leave that may extend an employee's leave entitlement
beyond t2 weeks to 26 weeks. Other types of FMLA leave are included with this type of leave
totaling the 26 weeks.
Length of Leave. An eligible Employee can take up to iz weeks (or up to 26 weeks of leave to
care for an injured or ill service member) under this policy during any calendar year.
Eligible Employees requesting leave due to the birth of a child, placement of a child for adoption
or foster care, or a serious health condition of the Employee, or the Employee's spouse, parent
or child are entitled to up to twelve workweeks, or 48o hours, of family medical leave during the
calendar year. An eligible part-time Employee is entitled to twelve work weeks of FMLA leave
(e.g., if that person regulazly worked four days per week, that person would be eligible for up to
48 workdays or 384 hours of FMLA leave).
The right to FMLA leave for the birth and/or placement of a child into an Employee's family
may only be taken within twelve months after the date of the birth or placement of the child.
Married couples who work for the City. If a husband and wife both work for the City and
each wishes to take leave for the birth of a child, adoption or placement of a child in foster care,
or to care for a pazent (but not a pazent in-law) with a serious health condition, the husband and
wife may only take a combined total of 12 weeks of leave. If a husband and wife both work for
the C5ty and each wishes to take leave to care for a covered injured or ill service member, the
husband and wife may only take a combined total of 26 weeks of leave.
Concurrent Leave. Employees must use any accumulated sick leave, vacation time, or paid
time off (PTO) to the extent available during FMLA leave unless such leave is covered under
workers' compensation, in which case the Employee may use accumulated leave time only for
the purpose of satisfying any waiting period. Absences in excess of these accumulated days will
be treated as FMLA leave without pay. Leave taken pursuant to a disability leave plan and leave
taken because of an injury or illness covered by workers compensation and sick leave (where the
sick leave qualifies as FMLA leave) shall count toward FMLA leave time to the extent allowed by
law. An Employee using any type of paid leave concurrently with FMLA leave must follow the
same terms and conditions of the Cit}~s policy that apply to other Employees for the use of such
leave. The Employee is entitled to unpaid FMLA leave if he or she does not meet the City's
conditions for taking paid leave, but the City may waive any procedural requirements for the
taking of any type of paid leave.
Serious Health Condition. For purposes of this policy and subject to legal requirements, a
serious health condition means an illness, injury, impairment or physical or mental condition
that involves either an overnight stay in a medical care facility, or continuing treatment by a
health care provider for a condition that either prevents the Employee from performing the
functions of the Employee's job, or prevents the qualified family member from participating in
school or other daily activities. Subject to certain conditions, the continuing treatment
requirement may be met by a period of incapacity of more than 3 consecutive calendar days
combined with at least two timely visits to a health care provider or one timely visit and a
regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic
condition. Other conditions may meet the definition of continuing treatment.
i.4
Intermittent Leave. When medically necessary for a serious health condition, military
caregiver leave or for a qualifying exigency, FMLA leave also is available on an intermittent or
reduced schedule basis. When an Employee requests intermittent leave or leave on a reduced
hours basis, the Employee must make a reasonable effort to schedule the treatment so as not to
disrupt unduly the employer's operations. The City may, where consistent with legal
requirements, require the Employee to transfer to a temporary alternative job for which the
Employee is qualified and which better accommodates the intermittent leave or reduced hours
leave. The temporary position will have the equivalent pay and benefits as the Employee's
regular job.
Notice of Leave. When requesting leave, the Employee must:
t. Supply sufficient information to their Department Head and to Human Resources for the
City to be aware that the FMLA may apply to the leave request, as well as information
regarding the anticipated timing and duration of the leave;
2. Give your Department Head and Human Resources at least thirty (30) days notice, or give
notice as soon as practical (generally the same or next business day) if leave starts in less
than thirty (30) days or if the need for leave is not foreseeable and comply with the City's
usual and customary notice and procedural requirements for requesting leave (if you are not
able to notify your Department Head and Human Resources of the need for leave personally
because of illness, you should ask someone else to call on your behalf, and unless impossible
because of medical emergency, you should give at least a minimum of 3o minutes' notice
before the start of your shift for unforeseeable leave if more advanced notice is not practical).
3. Make a reasonable effort to schedule the treatment so as not to unduly disrupt the operation
of the City, subject to the approval of the health care provider; and
4. Cooperate with all requests for information regarding whether absences are FMI.A-
qualifying.
Failure to comply may result in leave being delayed or denied.
Medical and other Certifications. Employees will be required to provide a medical
certification if the leave request is: r) for the Employee's own serious health condition, 2) to care
for a family member's serious health condition, or 3) military caregiver leave. Failure to provide
the requested certification in a timely manner may result in denial of the leave until it is
provided. If an Employee refuses to provide a certification, his/her leave request may be denied
and the Employee maybe disciplined.
The City, at its expense, may require a medical examination by a health care provider of its own
choosing if it has a reasonable question regarding the medical certification provided by the
Employee. In lieu of a second opinion, the City may contact the health care provider directly to
clarify or authenticate a medical certification, including certifications for military caregiver
leave. Second opinions may not be required for military caregiver leave.
Separate certification may also be required regarding the nature of the family member's military
service and/or the existence of a qualifying exigency.
The Employee must provide a copy of the appropriate certification to the GSty within fifteen (t5)
days of receipt of the form from the City. The City may require subsequent recertification on a
tg
reasonable basis consistent with legal requirements. FMLA certification forms aze available
from Human Resources.
Fitness for Duty Certifications. Because the City wishes to ensure the well-being of all
Employees, any Employee returning from FMLA leave for his/her own serious health condition
will need to provide a Fitness for Duty (FFD) certification signed by his/her health care
provider. An Employee who fails to provide an FFD certification will be prohibited from
returning to work until it is provided. An Employee who fails to provide an FFD certification
may be disciplined or terminated.
FFD certifications maybe required when an Employee returns from intermittent FMLA leave if
serious concerns exist regazding the Employee's ability to resume his/her duties safely.
Maintenance of Benefits. 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. If the Employee elects not to return to work at the end of the leave period, the
Employee will be required to reimburse the ~ty for the cost of premiums paid for maintaining
coverage during the leave period to the fullest extent allowed by law. Except for certain "key
Employees," upon return from FMLA leave, Employees will be restored to his or her original
position or an equivalent position with equivalent pay, benefits and other employment terms.
You will be notified if you are considered a "key Employee."
The City may require Employees to report periodically on their status, and the intention on the
part of the Employee to return to work, and City may also require periodic recertification of the
medical condition consistent with legal requirements.
Return from Leave. Upon return from leave, the Employee will be restored to his/her
original or an equivalent position. An Employee who fails to return at the end of FMLA leave will
in most cases be considered to have voluntarily resigned his/her position with the City.
Employees who do not return to work at the end of their leave will be terminated unless they are
entitled to additional leave as a reasonable accommodation under the Americans with
Disabilities Act.
Interpretation of Policy and State and Local Laws. This Policy shall be interpreted
consistent with applicable law and regulations. The FMLA and the FMLA regulations issued by
the U.S. Department of Labor contain many limitations and qualifications that aze not stated in
this policy. The City reserves the right to apply the terms of the FMLA and the FMLA
regulations to any individual circumstances. See Employee Rights and Responsibilities Under
the Family and Medical Leave Act (WHD Publication 142o Revised January 2009) which is
attached. When state and local laws offer more protection or benefits, the protection or benefits
provided by those laws will apply.
If you have Further Questions. If you have further questions about FMLA leave or your
entitlement to FMLA leave or if you are not sure if a particulaz situation qualifies for FMLA
leave, please contact Human Resources.
t6
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 regulazly
scheduled work period on the first full day after release from service, taking into account safe
travel home plus aneight-hour rest period. For service of more than thirty (30) days but less
than one hundred eighty one (18r) 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 Deparhnent Heads, in writing when
possible, as soon as practicable regazding 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 aze, or may become, members of the National Guard or of any
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.
iooo.8 UNPAID LEAVE OF ABSENCE
Upon written request, the GYty Administrator may grant an Employee an unpaid leave of
absence for a period not to exceed one (t) year. The unpaid leave of absence, and the
Employee's employment by the CSty, 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.
i~
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
The City of Riverside encourages Employees to fulfill their civic responsibilities by serving jury
duty when required. You must notify your departrnent head of the need for time off for jury or
witness duty as soon as a notice or summons from the court or subpoena is received. Employees
who are summoned to jury duty will receive their regulaz 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 fmm the court for jury duty will be
assigned to the CSty. Either the City or the employee may request an excuse from jury duty if, in
the City's judgment, the employee's absence would create serious operational difficulties.
Part-time Employees may request unpaid jury duty leave for the length of absence required.
iooo.io VOTING LEAVE
With supervisory approval and consistent with the staffing needs of the City and legal
requirements, Employees eligible and registered to vote in any election will be entitled to a
reasonable amount of leave time to cast their vote. The City encourages Employees to vote
before or after working hours. If that is not possible, the G3ty will grant paid leave for up to the
first two (2) hours of absence necessary to vote in any election. Any additional time off will be
unpaid. Employees must give reasonable notice in advance to their department head or
supervisor of the need to have time off to vote.
iooo.il BEREAVEMENT LEAVE
Employees are entitled to three (3) 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
izoo.i 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:
t. 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.
t8
2. Employees receiving uniforms provided by the City are required to wear
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 Cit}~s confidential and proprietary
information or reputation. Outside employment requires prior written approval from an
Employee's respective Department 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.
izoo.4 BREAKS POLICY
Consistent with the workload and with supervisory approval Employees are allowed a fifteen
(ts) 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.
12oo.g SOLICITATION, DISTRIBUTION, AND POSTING
To avoid disruption of the Cit}~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 Cit}~s
business operations. Only legally required and approved information and documents regarding
the City's business operations, as approved by the CSty Administrator, shall be posted on the
Cit}~s bulletin boards.
ARTICLE i~oo CODE OF ETHICS
igoo.i 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.
i9
i3oo.z 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.
i3oo.3 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.
i3oo.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.
13oo.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.
1300.6 REPRESENTATION OF PRIVATE INTERESTS
Employees shall not appeaz on behalf of private interests before the City's Mayor, Board of
Aldermen, City Administrator, Municipal Judge, Director of Public Safety, City Clerk, Treasurer,
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.
i3oo.~ 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.
1300.8 DISCLOSURE OF CONFIDF.NTiAi. AND PROPRIETARY
INFORMATION
Employees shall not disclose confidential and proprietary information regazding 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.
20
x,300.9 SALES TO THE CITY
Employees shall not sell or barter anything to the GYty. 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.
i3oo.io POLITICALACTIVTI'IES
City Employees are prohibited from being a candidate for or holding any elected City office and
from endorsing, making or soliciting contributions, or working for the election of, or the defeat
of, any candidate for ~ty office or any City ballot measure. In addition, Employees are
prohibited from seeking favors or assistance from the Mayor or any member of the Boazd of
Aldermen for matters pertaining to their City employment. Employees are not prohibited from
participating in political activity at other governmental levels.
igoo.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 GSty 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.
13oo.i2 SUPPLEMENTAL RULES
Departrnent 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 generally limited to:
a. Dates of employment
b. Position(s) with the City
c. Pay Rates
ARTICLE laoo ALCOHOL AND CONTROLLED SUBSTANCE
ABUSE POLICY
i4oo.i POLICY
It is the CSty's policy to comply with the Drug Free Work Place Act of 1988, the Omnibus
Transportation Employee Testing Act of i99i, and all related implementing regulations. Unless
21
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 standazds 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 in non-safety sensitive positions.
The City seeks to (i) e-tseme 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.g APPLICABILITY
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.
i4oo.4 ALCOHOL & CONTROLLED SUBSTANCES
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 aze prohibited from consuming alcohol
within eight (8) hours after an accident described further in this policy.
22
Employees who are not in safety sensitive positions are prohibited from engaging in work
related functions: (t) while consuming alcohol; (z) while having a blood alcohol concentration of
0.04 or greater; and (3) 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 wnsume 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, sepazation of
employment.
i4oo.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
work until they (i) 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.
i. 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 tzo days. Evidence of the absence of controlled substances
23
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.
z. 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 cit}~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 independenfly corroborated, regazding the use or possession of a controlled
substance or alcohol use adversely affecting job performance. Reasonable suspicion testing
under this pazagraph should be completed, when possible, within two (z) 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 anytime, 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 pazagraph should be completed as soon as
possible after the observation or report giving cause for the testing.
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.
244
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 vehiculaz
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 vehiculaz 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.
g. 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.
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
uriless the second test invalidates the original test. An Employee's request for additional testing
must be made to the Guy's Medical Review Officer (MRO) within seventy-two (y2) hours after
the Employee is provided with initial test results. Requests for additional testing made after the
25
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.02 blood alcohol concentration is considered negative. An initial
breath alcohol screening test result that is more than o.oz blood alcohol concentration requires
a second, confirmatory test. Any Employee with a blood alcohol concentration of o.oz 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. Departrnent of Health & Human Services:
(t) Marijuana (THC metabolite)
(z) Cocaine
(3) Amphetamines
(4) Opiates (including heroin)
(5) Phencyclidine (PCP)
26
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 bazbiturates, 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 (t) are evaluated by a SAP,
(2) comply with a rehabilitation contract, if any, and (3) have negative follow-up testing results.
i4oo.~ 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 CYty.
i4oo.8 12EiHABILTI'ATION
Employees who aze 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
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;
27
g. Employees must agree to unannounced random testing subsequent to
their return to work;
4. Employees must agree to submit to a return-to-work test; and
5. Employees must agree that any future controlled substance or alcohol
violations shall be considered as a resignation of employment.
i4oo.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.
i4oo.io EDUCATION & TRAINING
The G~ty 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.
i4oo.ii CONFIDENTIALITY
All records developed and/or acquired under this policy shall be maintained in strict confidence
by the CSty, and its testing laboratory, MRO, and SAP. Records developed and/or acquired
under this policy shall be maintained separately from the Personnel ale and any other
personnel records, and shall be kept in a secured location with other medical records. Unless
otherwise required or allowed bylaw, records developed and/or acquired under this policy shall
not be provided to others without the written consent of the affected Employee.
14oo.iz 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
Administrator shall, in his or her sole discretion, take appropriate actions to resolve any such
conflicts.
28
ARTICLE i~oo SECURI'T'Y
igoo.i SECURITY
Security problems and violations cannot be handled in a constructive manner unless
management knows about them. The Guy'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 Cit}~ Police Department, the City Administrator, or
to Deparhnent 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 regazding security problems and violations
should first be made verbally and later confirmed in writing.
The following items should be reported:
t. Criminal acts, including the theft or misappropriation of the Cit}~s assets.
2. Damage to City property, or an Employee's personal property while at the
Cit}~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 neaz buildings, offices, pazking areas, walkways,
entrances/exits, and service areas.
5. Questionable, threatening, or objectionable mail should be treated with
caution and caze 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.
t5oo.z Workplace Violence Policy
The GSty strives to make the Employee work environment as safe as possible, and believes that
by working together we can help maintain a safe and secure work environment. To that end, the
City takes a zero tolerance position to actual or threatened violence on City premises or by City
Employees on or off City premises. All Employees and members of the public should be treated
z9
with courtesy and respect at all times. Verbal or written threats of any kind, even in jest, will not
be tolerated and may result in disciplinary action up to and including termination. Fighting,
verbal assault and other conduct that maybe dangerous to others will be dealt with promptly.
All threats of (or actual) violence, both direct and indirect, should be reported as soon as
possible to an Employee's immediate supervisor or a Department Head or public safety. This
includes threats by Employees, as well as threats by persons doing business with the City,
vendors, solicitors, or other members of the public. When reporting a threat of violence, an
Employee should be as specific and detailed as possible. All suspicious individuals or activities
should also be reported as soon as possible. Do not place yourself in peril.
Except for authorized public safety personnel, firearms, straightblade or folding knives with a
blade more than 4 t/2" in length (except as required for essential job functions as approved by
the Department Head), concealed weapons and explosives are prohibited in all City buildings
and bringing these prohibited items into City buildings may be cause for immediate arrest
and/or termination of employment. In addition, except for authorized public safety personnel,
Employees of the City, as a condition of continued employment, are prohibited from carrying a
concealed firearm or other weapon on or about their person while performing work for the qty,
or while operating ~ty owned or leased vehicles regardless of whether that work is being
performed on or off City property.
No portion of this policy applies to law enforcement officials who are allowed under law to carry
concealed ornon-concealed firearms within the State.
If an Employee receives an actual or implied threat, he or she is strongly encouraged to
immediately contacthis/her supervisor or Deparhnent Head or public safety.
If an Employee observes or detects an individual (other than a member of public safety or a law
enforcement official) with a weapon concealed or not, on their person, they are to notify the
individual of the policy prohibiting this possession and advise the person that they are to remove
the weapon from the premises immediately or the Employee can request that his/her supervisor
or Department Head or public safety make that request.
If an individual refuses to comply with the directive to remove the weapon from the premises,
then public safety should be contacted. Public safety shall formally notify the individual of the
policy and seek voluntary, immediate compliance. If there is a refusal to comply with this policy,
public safety shall take such steps as aze reasonable to have the individual removed from the
property.
Unless absolutely necessary, Employees are not to attempt to disarm, remove, touch or attempt
to clear or render safe any weapon, except for public safety or Employees who aze authorized to
perform this function.
30
ARTICLE i6oo MISCELLANEOUS PROVISION
16oo.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. COMPUTERS, INTERNET, EMAIL
i~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 azea or facility. Any person authorized
by the ~ty may, with or without the consent of the Employee or Employees who regulazly 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 CSty.
Employees must give their supervising personnel any keys, combinations, or passwords that
would allow the C,Sty to access any property that is owned by, or leased to, the City. By signing a
form acknowledging receipt of this Employee Handbook and agreeing to comply with all policies
in this Employee Handbook, the Employee consents to the inspections described in this Article.
i~oo.2 COMPUTER, EMAIL AND INTERNET USE POLICY
GSty of Riverside Employees' access to and use of the G~t}~s computer, email and the Internet
system is intended for ~ty business-related purposes.
In order to help ensure that the G~t}~s computer system remains clean of viruses and uncluttered
of unrelated items, the usage of outside softwaze and/or files on the Cit}~s computer system is
prohibited unless properly authorized by the appropriate supervisor or Deparhnent Head. This
includes, but is not limited to, screen savers, games, and personal files. Any unauthorized
duplication or use of software acquired or developed by the CSty is prohibited. Employees are
expected to comply with all software licensing agreements. Any failure to follow City computer
software policy could result in discipline up to and including termination.
It is the policy of the City that Internet access and a-mail are provided for use in conducting the
business of the qty. Furthermore, the viewing of or transmittal of inappropriate or offensive
material is prohibited. Internet and a-mail systems aze not to be used in a way that may be
disruptive, offensive to others, or harmful to morale. There is to be no display or transmission
of sexually explicit images, messages, or cartoons, or any transmission or use of a-mail
communications that contain ethnic slurs, racial epithets, or anything that would reasonably be
construed as harassment or disparagement of others based on their race, national origin, sex,
age, disability, or religious or political beliefs.
31
The City reserves the right to review logs of computer and Internet use at its discretion, or to
otherwise monitor the use of City computers and Internet access including but not limited to the
use of browsers, flp software, telnet softwaze, newsreaders, chat moms or other means of access,
and to take appropriate action, including, without limitation, termination of employment for
inappropriate use of computers and/or the Internet.
E-mail should be treated as any other written correspondence. Users should use the same
restraint and caution in the prepazation of a-mail messages as when preparing formal
correspondence. The viewing of or transmittal of inappropriate or offensive material via a-mail
is prohibited.
E-mail messages and the contents of City computers and the G5t}~s electronic storage devices are
the property of the City, and are not the property of any employees of the City. The CSty reserves
the right to review, monitor, intercept, access and disclose all data stored on the CSty's computer
system and all a-mail messages received or sent for any purpose over the City's a-mail system
and to take appropriate action, including without limitation, termination of employment for
inappropriate use of C5ty's computer and/or a-mail system.
By signing a form acknowledging receipt of this Employee Handbook and agreeing to comply
with all policies in this Employee Handbook, the employee consents to the monitoring and
inspection of his or her computer and a-mail and Internet communications and data relating to
computer, Internet and a-mail use and waives any right of privacy that the Employee may have
in such communications or data, and agrees that the contents of their computer, a-mail and
records regarding computer, a-mail and Internet use maybe accessed at any time.
Neither Internet access nor a-mail may be used in connection with any personal business
enterprise or activity or in connection with blogging or generating, forwazding or otherwise
distributing chain letters.
Infractions of these policies constitute misuse of ~ty assets and may result in disciplinary action
up to and including termination of employment. (See Article ~oo.i Discipline).
32
ACKNOWLEDGMENT OF RECEIPT OF THE CITY OF RIVERSIDE
PERSONNEL 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, Deparhnent Heads, or the CSty
Administrator any questions I may have regazding the CSty of Riverside Personnel Policies.
Nevertheless, I understand and acknowledge that the ~ty of Riverside Personnel Policies apply
to my employment by the City, and I agree to comply with these Riverside Personnel Policies. I
further understand and agree that I am employed by the CSty at-will, which means either the
City or I may terminate my employment by the ~ty 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 ~ty regarding its Employees and that the City reserves the right to amend,
modify, or cancel, at any time, the City of Riverside Personnel Policies.
Employee Printed Name
Department
Employee Signature
Date
33