CHAPTER 117: PERSONNEL REGULATIONS

CHAPTER 117: PERSONNEL REGULATIONS

ARTICLE I

Introduction

Section 117.010.  Organization of the City Government. [Ord. No. 500, 7-25-2016[1]]

The City of Stockton ("City") is incorporated as a Fourth Class City under the Statutes of the State of Missouri. The City currently has two (2) Wards; two (2) Aldermen are elected from each Ward. The Mayor and two (2) Aldermen from each Ward are elected for two-year terms. The Mayor presides over the meetings of the Board of Aldermen and may vote only in the case of a tie. He or she has the power of veto. A two-thirds vote by the Board of Aldermen will override the veto. The Board of Aldermen serves as the legislative branch of the City Government and the Mayor as Chief Executive Officer of the City. 

Section 117.020.  Purpose. [Ord. No. 500, 7-25-2016] 

A.     This handbook is intended to provide employees with a general understanding of the City of Stockton's personnel policies. Employees are encouraged to familiarize themselves with the contents of this handbook. 

B.     This handbook cannot anticipate every situation or answer every question about employment. It is not an employment contract and is not intended to create contractual obligations of any kind. Neither the employee nor the City is bound to continue the employment relationship if either chooses, at their will, to end the relationship at any time, with or without cause.   

Section 117.030.  Positions Covered by Policies. [Ord. No. 500, 7-25-2016]

These rules shall apply to all paid positions in the City, unless otherwise specifically provided for in this handbook. 

Section 117.040.  Reservation of Rights. [Ord. No. 500, 7-25-2016]

In order to retain necessary flexibility in the administration of policies and procedures, the City, through the Mayor and the Board of Aldermen, specifically reserves the right to repeal, modify or amend these policies, procedures and rules at any time with or without notice, except for the City's policy of employment at will which will remain at all times. 

Section 117.050.  Rules Subordinate to Applicable State and Federal Laws. [Ord. No. 500, 7-25-2016]

These personnel rules and regulations will be subject to and subordinate to applicable State and Federal laws. In the event of a conflict between the terms of these rules and regulations, applicable State and/or Federal legislation shall prevail. 

Section 117.060.  through Section 117.090. (Reserved)  

ARTICLE II

Personnel Policies and Procedures

Section 117.100.  Adoption and Amendment of the Personnel Policies and Procedures. [Ord. No. 500, 7-25-2016] 

A.     The Mayor and Board of Aldermen shall be the ultimate policy-making authority for the City of Stockton in matters pertaining to personnel administration. Changes in the personnel policies, compensation and classification plan or fringe benefits shall not be effective unless approved by the Board of Aldermen by resolution. 

B.     Upon adoption by the Board of Aldermen, these policies and procedures shall supersede all personnel policies, procedures, rules and regulations previously adopted. Amendments to this handbook shall become effective upon adoption by the Board of Aldermen, or on such date as designated by the Governing Body. 

C.     The Board of Aldermen is responsible for the employment of all salaried and hourly personnel. The Board of Aldermen approves the yearly budget which includes any salary increase. Department heads are responsible for each employee's annual evaluations.   

Section 117.110.  Departmental Regulations. [Ord. No. 500, 7-25-2016]

These rules shall not be construed as limiting in any way the power and authority of any department head to make departmental rules and regulations governing the conduct and performance of employees within that department. Departmental rules and regulations shall be reviewed and approved by the Board of Aldermen prior to implementation. Departmental rules and regulations shall be published and a copy furnished to each employee. Such rules and regulations, when approved, published and distributed as herein provided, shall have the force and effect of rules of that department, and disciplinary action may be based upon breach of any such rules and regulations. 

Section 117.120.  Personnel Records. [Ord. No. 500, 7-25-2016] 

A.     All data relating to employee status, performance and qualifications will be kept in appropriate confidential files as well as other information that the Mayor, the Board of Aldermen and department heads shall deem necessary. These files shall be considered the "Official Personnel Records" of the City. 

B.     An employee may arrange to view his or her personnel file at any time during normal working hours. Such review shall be in the presence of one (1) of the following: Mayor, Alderman or the City Clerk/custodian of record. 

C.     Any change in the employee's status, i.e., change of address, telephone number, number of dependents, marital status, educational achievements, etc., should be reported in writing to the City Clerk within two (2) weeks of the occurrence. 

D.     The Mayor, Alderman or City Clerk may verify the dates of employment with the City and the latest or last position title held. No other information concerning an employee shall be released to prospective employers, collection agencies, credit bureaus, etc., unless the employee has previously authorized the City, in writing, to release any additional information. The City of Stockton complies with the Missouri Sunshine Law.[2]   

Section 117.130.  Full-/Part-Time Classification. [Ord. No. 500, 7-25-2016] 

A.     Any employee regularly scheduled less than thirty (30) hours weekly will be considered to be a part-time employee. Any employee regularly scheduled forty (40) hours will be considered to be a full-time employee. 

B.     An employee and/or the Board may choose to receive more pay in lieu of receiving benefits.   

Section 117.140.  Employment of Relatives. [Ord. No. 500, 7-25-2016] 

A.     Employment of relatives for full- and part-time employees shall be governed by the following provisions:  

1.      Two (2) members of an immediate family shall not be employed under the same department head, neither shall two (2) members of an immediate family be employed at the same time, regardless of the administrative department, if such employment will result in an employee supervising a member of his/her immediate family. This policy applies to promotions, demotions, transfers and new appointments. "Immediate family" is defined as wife, husband, and mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, and grandchildren.     

Section 117.150.  Employee Conduct. [Ord. No. 500, 7-25-2016] 

A.     All employees are expected to conduct themselves in a manner which provides a favorable reflection of the City, and to demonstrate tact, be courteous and use good judgment at all times. No employee in the service of the City shall grant special consideration, treatment or advantage to any citizen beyond that which is available to other citizens. Employees shall observe all applicable State and Federal laws, including, but not limited to, the prohibition of financial or other private interest in any proposed City legislation or sale of any material, supplies, equipment or services to the City. 

B.     In general, the use of good judgment, based on high ethical principles, will guide employees with respect to the lines of acceptable conduct. If a situation arises where it is difficult for an employee to determine the proper course of action, the matter should be discussed openly by the employee with his or her department head, Board of Aldermen or the Mayor for advice and consultation. 

C.     Each employee has an individual responsibility to report any activity by a City employee that the employee believes to be a violation of this Code, any applicable State or Federal regulations, or City policies or procedures. Compliance with this policy of ethics and conduct is the responsibility of every City employee. Disregarding or failing to comply with this standard of business ethics and conduct could lead to disciplinary action, up to and including possible termination of employment. 

D.     Chain of command for notification (read bottom to top):

               BOARD OF ALDERMEN    

               MAYOR        

      

Section 117.160.  Personal Appearance. [Ord. No. 500, 7-25-2016]

City employees are expected to dress and groom themselves appropriately for their required duties and responsibilities, and as prescribed by departmental policies. 

Section 117.170.  Gifts and Gratuities. [Ord. No. 500, 7-25-2016]

A City employee shall not accept any gifts, gratuities or loans of fifty dollars ($50.00) or more from organizations, business concerns or individuals with whom the City has an official relationship. These limitations are not intended to prohibit employees from accepting social courtesies which prompt good public relations. Employees in direct contact with the public must guard against any conduct or relationship which might be construed as evidence of favoritism, coercion, unfair advantage or secret agreement. 

Section 117.180.  Conflict of Interest. [Ord. No. 500, 7-25-2016]

No employee of the City shall have any financial interest in or receive profit from any contract, service or other work performed by the City. Nor shall any employee personally profit, directly or indirectly, from any contract, sale or service between the City and a third party and company. No employee shall accept, from an outside firm or person, money or any other type of remuneration, besides his or her wages from the City, for services performed in the course and scope of his or her municipal employment. 

Section 117.190.  City Property/Vehicles. [Ord. No. 500, 7-25-2016] 

A.     All City equipment will be stored at designated City storage areas. No City employee shall, without proper authorization by the Board of Aldermen, use any property, equipment, vehicles or any other City-owned materials for private gain, use or convenience. An employee authorized to drive a City vehicle must have a valid and current Missouri operator's license and is required to observe all traffic laws. If an employee's license is revoked or suspended, the employee must notify his or her department head and the City Clerk (for the insurance carrier) immediately. 

B.     An employee should notify his or her department head if any City equipment appears to be damaged, defective, or in need of repair. All damage reported should be put in writing. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. An accident report shall be made and given to the Clerk for insurance purposes.   

Section 117.200.  Computer and E-mail Usage. [Ord. No. 500, 7-25-2016] 

A.     Computer Use. The computers provided to City employees are the property of the City. All peripherals, software, data, and settings are also the property of the City. No one may add, remove, or modify any hardware, software, operating system, or settings without the express permission and oversight of his or her department head. 

B.     Virus Protection. Every user must take precaution to prevent infection. Under no circumstances should an employee insert disks from unknown sources or download software from the Internet. Common sources of viruses include:  

1.      School and college computers.  

2.      Games downloaded from the Internet/group discussion sites.  

3.      Disks used on more than one (1) computer.   

C.     E-mail.  

1.      The City has established a policy with regard to access and disclosures of electronic mail messages created, sent or received by City employees using the City's electronic mail system.  

2.      The City intends to honor the policies set forth below, but must reserve the right to change them at any time as may be required under the circumstances.  

a.      The City maintains an electronic mail (e-mail) system. This system is provided by the City to some of its employees to assist in the conduct of the City's business.  

b.      The electronic mail system hardware is the City's property. Additionally, all messages composed, sent, or received on the electronic mail system are and remain the property of the City. They are not the private property of the employee.  

c.      The use of the electronic mail system is reserved solely for the conduct of the City's business.  

d.      The use of the electronic mail system may not be used to solicit or proselytize for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations.  

e.      The electronic mail system is not to be used to create any offensive or disruptive messages. Among those which are considered offensive are any messages which contain sexual implications, racial slurs, gender-specific comments, or any other comment that offensively addresses someone's age, sexual orientation, religious or political beliefs, national origin or disability.  

f.       The electronic mail system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information or similar materials without prior authorization.  

g.      The City reserves and intends to exercise the right to review, audit, intercept, access and disclose all messages created, received or sent over the electronic mail system for any purpose. The contents of electronic mail properly obtained for business purposes may be disclosed within the organization without the permission of the employee.  

h.      The confidentiality of any message should not be assumed. Even when the message is erased, it is still possible to retrieve and read the message. Further, the use of passwords for security does not guarantee confidentiality.  

i.       Notwithstanding the City's right to retrieve and read any electronic mail messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read any e-mail messages that are not sent to them.  

j.       Employees shall not use a code, access a file, or retrieve any stored information, unless authorized to do so. Employees should not attempt to gain access to another employee's messages without the latter's permission.  

k.      Any employee who discovers a violation of this policy shall notify his or her department head.  

l.       Any employee who violates this policy or uses the electronic mail system for improper purposes shall be subject to discipline, up to and including discharge.     

D.     Internet Usage.  

1.      This Internet usage policy is designed to help employees understand the City's expectations for the use of the Internet, and to help employees use the City's resources wisely. All existing City policies apply to employees' conduct on the Internet, especially (but not exclusively) those that deal with intellectual property protections, privacy, misuse of company resources, sexual harassment, information and data security and confidentiality.  

2.      While the City's connection to the Internet offers many potential benefits, it can also open the door to some significant risks to our data and systems if we do not follow appropriate security discipline. An Internet user can be held accountable for any breaches of security or confidentiality resulting from his or her use of the City's Internet connection.  

a.      The City reserves the right to control, monitor and record all Internet usage.  

b.      The City reserves the right to inspect any and all files stored on the employee computers in order to assure compliance with policy.  

c.      Use of the Internet is reserved solely for the conduct of the City's business.  

d.      Use of any company resources for illegal activity is grounds for immediate dismissal, and the City will cooperate with any legitimate law enforcement agency business.  

e.      Sexually explicit material may not be displayed, archived, stored, distributed, edited, or recorded using our computers, network or computing resources.  

f.       The City does not allow downloading of programs, instant messaging systems, screen savers, utilities, backgrounds, desktop themes, pointers, or other files that may compromise the integrity or operation of the City's computers.  

g.      No employee may use the City's Internet facilities to download or distribute pirated software of data.  

h.      No employee may use the City's Internet facilities to deliberately propagate any virus, worm, Trojan horse or trap-door program code.  

i.       Only those employees or officials who are duly authorized to speak to the media or analysts, or in public gatherings on behalf of the City, may speak/write in the name of the organization to any news group or chat room.  

j.       Employees releasing protected information via news group or chat, whether or not the release is inadvertent, will be subject to all penalties under existing data security policies and procedures.  

k.      Employees with Internet access may not use the City's Internet facilities to download entertainment software, games, or to play games against opponents over the Internet.       

Section 117.210.  Return of City Property. [Ord. No. 500, 7-25-2016]

Any employee leaving the City's service for any reason, whether resignation, dismissal, layoff or termination, voluntary or involuntary, will be responsible for returning City property which he/she may have in his/her possession on his/her last day of employment. 

Section 117.220.  Usage of City Accounts and/or Services for Personal Use. [Ord. No. 500, 7-25-2016]

No employee may use any City accounts and/or services for his or her personal use. Violation of this policy may result in discipline, up to and including termination of employment. 

Section 117.230.  Social Media Network Policy. [Ord. No. 500, 7-25-2016] 

A.     The City of Stockton has established a use of social media policy that will continue to provide employees with a safe and effective workplace. This policy will provide guidance to employees on the kind of comments that cross the line from private lawful activity to activity that harms the City's legitimate business interests, and therefore, subjects the employee to disciplinary action. 

B.     This policy will give administrative personnel guidelines that may apply when using information obtained from a social network site. An employee's use of social network sites becomes a problem when, in the sole discretion of the City, it interferes with the employee's work, is used to harass or discriminate against coworkers, creates a hostile work environment, divulges confidential information or harms the goodwill, image and/or reputation of the City. 

C.     The City does not discourage employee's use of social media within the established guidelines on non-business personal time. However, the guidelines provided below should be adhered to whether during business or non-business time. If an employee is uncertain about the appropriateness of a social media posting, he or she should check with his or her supervisor or department head. 

D.     Social Media Guidelines For Employees.  

1.      Do not post any comment or picture involving an employee, Council member, patron, citizen or volunteer of the City on the job or at City-sponsored functions without the City's express written consent.  

2.      Employees whose affiliation with the City is evident should mention that the remarks made on the web only reflect his or her own views and not necessarily the views of the City or other employees. However, based on the needs of the City, an employee may be counseled to refrain from commenting on work-related matter, even if he or she mentions that his or her views are his or her own.  

3.      Employees should remember that their conduct may reflect upon the City, and they are encouraged to exercise good judgment in their web communications.  

4.      Employees are cautioned that they may be subject to discipline, up to and including discharge, for making defamatory, obscene, libelous or offensive statements pertaining to the City or its employees.  

5.      Employees should not provide any confidential, proprietary or private information about the City or its employees.  

6.      All City policies that regulate off-duty conduct apply to social network activity, including, but not limited to, policies related to illegal harassment, code of conduct, nondiscrimination, etc.  

7.      The City logo may not be used on the web without prior written permission from the City.  

8.      Employees may consult with their appropriate supervisor with questions about the City's views with respect to these guidelines for web communications and the City's legitimate business interest.  

9.      Employees may not disclose information that was obtained as a result of their employment with the City.  

10.    Employees may not post any work-related comments/material while on duty or from a City-owned machine, unless expressly approved by their department head.

               IMPORTANT: Employees authorized to respond on behalf of the City to social media sites constitutes a form of communication subject to the provisions of the Sunshine Law.[3]         

        

Section 117.240.  Political Activities. [Ord. No. 500, 7-25-2016] 

A.     City employees shall not be appointed or retained on the basis of their political activity. City employees shall not be coerced to take part in political campaigns, to solicit votes, to levy, contribute or solicit funds or support for the purpose of supporting or opposing the appointment or election of candidates for any municipal office. 

B.     Political Activities — Individual Activities. No City employee shall actively advocate or oppose the candidacy of any individual for nomination or election to any municipal office, but an employee may participate in political affairs at other levels of government, provided such participation does not adversely affect his/her performance as a City employee. Employees are expected to exercise their right to vote in municipal elections but shall not engage in or participate in any other way in any municipal election. 

C.     Political Activities %%'entity-mdash'%% Penalty. Failure to comply with the requirements of this Section shall be grounds for immediate dismissal. Any person who attempts to coerce or does coerce any City employee to take part in activity prohibited by this Section may be punished as provided in Section 100.220 of this Code.   

Section 117.250.  through Section 117.290. (Reserved)  

ARTICLE III

Equal Employment Opportunity and Anti-Harassment

Section 117.300.  Overview. [Ord. No. 500, 7-25-2016] 

A.     The City believes in the principle and practice of affording all individuals who have the necessary qualifications an equal employment opportunity. We are committed to ensure that personnel actions are administered in compliance with Federal, State, and local laws prohibiting discrimination on the basis of race, color, creed, national origin, religion, sex, age, disability, pregnancy and any other characteristics protected by law. All personnel actions and programs will be administered without regard to any of the foregoing factors, including, but not limited to, recruiting, hiring, training, promotions, transfers, compensation, benefits, demotions, and terminations. 

B.     This policy applies to all employees working for the City. Each employee shares jointly in the responsibility to create a work environment that is conducive to equal opportunity by:  

1.      Basing all employment-related decisions solely on merit, qualifications, and other job-related criteria.  

2.      Providing a work environment free of harassment based on race, color, religion, sex, age, national origin, or disability.   

C.     This policy also prohibits retaliation or adverse employment action against any employee who exercises his or her rights under any anti-discrimination law, who cooperates or participates in any City investigation, or who participates in any manner in any investigation or proceeding conducted or pursued by any governmental agency. 

D.     All employees are expected to create and maintain a discrimination- and harassment-free work environment in spirit as well as in actions. The successful achievement of equal employment opportunity for all requires cooperation by all. 

E.      Any employee or applicant who feels that he or she has been treated in a way that is not consistent with this policy should immediately contact his or her department head, Board of Aldermen or the Mayor. The City wholeheartedly believes in the content of this policy and will do everything in its power to ensure equal treatment for all.   

Section 117.310.  Anti-Harassment Policy. [Ord. No. 500, 7-25-2016] 

A.     All employees of the City are responsible for assuring that the workplace is free from all forms of harassment, whether the harassment is based upon race, sex, ethnic background, age, religion, physical condition or any other legally protected characteristic. The City will not tolerate any form of harassment of this nature, sexual or otherwise. Because of the City's strong disapproval of offensive or inappropriate behavior at work, all employees must avoid any action or conduct which could be viewed as harassment, including, but not limited to:  

1.      Jokes, remarks, or comments of an inappropriate nature;  

2.      Distribution or display of risque, pornographic or otherwise inappropriate cartoons or pictures;  

3.      Crude behavior and/or language;  

4.      Unwelcome sexual advances;  

5.      Requests for sexual acts or favors;  

6.      Other verbal or physical conduct of a harassing nature.   

B.     All employees are responsible for keeping our workplace free of harassment. Therefore, any employee who has a complaint of harassment at work by anyone, including supervisors, coworkers, or visitors to the City, shall immediately bring the matter to the attention of his or her department head, Board of Aldermen or the Mayor. This includes situations where an employee merely observes harassing conduct occurring. All complaints will be immediately and thoroughly investigated in a professional manner. 

C.     There will be no discrimination or retaliation against any individual who files a good faith harassment complaint, even if the investigation produces insufficient evidence to support the complaint, and even if the charge cannot be proven. There will be no discrimination or retaliation against any individuals who participate in the investigation of a complaint. The City will retain confidential documentation of all allegations and investigations. If the investigation substantiates the complaint, appropriate corrective and/or disciplinary action will be taken, up to and including termination of the harassing individual. 

D.     Actions taken internally to investigate and resolve harassment complaints shall be conducted confidentially to the extent practicable and appropriate in order to protect the privacy of the persons involved. Investigation may include interviews with the parties involved in the incident and, if necessary, with individuals who may have observed the incident or conduct or who have other relevant knowledge. The parties directly involved in the allegations as well as those who may have witnessed the harassing conduct may be asked to provide written statements for purposes of the investigation. The investigation will be as prompt as possible. Disciplinary action will be taken when it is appropriate in the discretion of the City. As a result, there may be situations where conduct would violate our non-harassment policy but not be a violation of State and/or Federal law. 

E.      If an employee has any questions about this policy or how to make a complaint of harassment, he or she should contact his or her department head, Board of Aldermen or the Mayor.   

Section 117.320.  through Section 117.390. (Reserved)  

ARTICLE IV

Pay Plan

Section 117.400.  Pay Period. [Ord. No. 500, 7-25-2016]

The salaries of all City employees shall be paid weekly on every Friday. Each pay period will begin on Wednesday and end on the Tuesday before the pay date. 

Section 117.410.  Compensation for Use of Vehicles. [Ord. No. 500, 7-25-2016]

The Mayor and Board of Aldermen shall designate the officers and employees of the City who are to be compensated for the use of their private vehicles in the business of the City. The rate for reimbursement will be paid in accordance with the current Internal Revenue Service mileage rate established by the government and changed from time to time. 

Section 117.420.  Compensation for Training. [Ord. No. 500, 7-25-2016] 

A.     In the event that an opportunity arises for City employees or members of City-sponsored boards or committees to attend seminars and/or meetings, the purpose of which is to gain information that will be of benefit to the City, the City will reimburse expenses for approved training as follows:  

1.      Registration/conference fees. Submit to City Clerk for payment if registration is not previously paid.  

2.      Motel/hotel costs. City Clerk will make reservations and arrange payment.  

3.      Cost of meals. Meals will be reimbursed for employees only at a per diem rate up to a maximum of thirty-five dollars ($35.00) per day on full days of attending a City-sponsored seminar and/or meetings and up to a maximum per diem of thirty dollars ($30.00) on travel days. Receipts must be turned in to receive payment. Final decision of amount of reimbursement will be at the discretion of the Mayor.  

4.      Taxi, airport limo fares, car rental, parking, tolls. Submit receipts for reimbursement.  

5.      Usage of own vehicle. Paid on per-mile basis (figure as set by Internal Revenue Service stated mileage reimbursement rate).  

6.      Commercial transportation. City Clerk will make reservations on most economical rates.  

7.      Telephone calls. [limit of one (1) call five (5) minutes or less per travel day to home] Submit receipts for reimbursement.   

B.     Items not covered for reimbursement: personal entertainment, in-room movie charges, room service, spouse/family expenses, bar charges, upgrades in hotel room or extra days of travel for personal reasons. 

C.     All business travel must be approved in advance by the Mayor, an Alderman or department head. Any reimbursement for salary lost due to City-sponsored activities will be by arrangement with the Mayor or Alderman. Salary reimbursement arrangements must be made prior to the event involved.   

Section 117.430.  Overtime Compensation. [Ord. No. 500, 7-25-2016]

In accordance with applicable laws, the Mayor, Board of Aldermen and department heads are authorized to prescribe rules and authorize overtime work and the form of compensation therefor. All overtime must be preapproved by the department head. Employees shall be required to work overtime hours only in cases of emergency. Employees who are called back to work during emergencies after regular closing hours will be paid at their overtime rate, but every effort shall be made to take the time off prior to the payroll weekending to save of overtime for budgeting purposes. (With the department head, Mayor or Board of Aldermen's approval, an employee may request to receive compensatory time off instead of overtime payment.) 

Section 117.440.  Administrative Pay Corrections. [Ord. No. 500, 7-25-2016] 

A.     The City takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. It is the City's policy to comply with the salary requirements of the Fair Labor Standards Act.[4] 

B.     In the unlikely event that there is an error in the amount of pay or if it appears an improper deduction has occurred, the employee should promptly bring the discrepancy to the attention of his department head so that corrections can be made as quickly as possible.   

Section 117.450.  Comp Time. [Ord. No. 500, 7-25-2016]

In the event that an employee is called in for an emergency or is asked to work over forty (40) hours per week, the employee shall be allowed to bank up to a total of five (5) hours. Those comp time hours must be used within thirty (30) days. 

Section 117.460.  Two-Hour Call-In. [Ord. No. 500, 7-25-2016]

All employees shall have a minimum two-hour call-in for after-hour emergency calls. 

Section 117.470.  through Section 117.490. (Reserved)  

ARTICLE V

Attendance and Leaves

Section 117.500.  Attendance. [Ord. No. 500, 7-25-2016]

Employees shall be in attendance at their work in accordance with these rules and general departmental regulations. All employees shall submit weekly attendance time cards to be kept on file by the City Clerk in the regular personnel files. This includes department heads, making it easier to track sick and vacation time. If an employee is unable to work his/her scheduled shift, the employee is required to contact the Mayor, department head or City Clerk as soon as possible prior to his or her shift but, unless an emergency situation, no later than one (1) hour after the time set for beginning his or her daily duties. 

Section 117.510.  Leaves of Absence. [Ord. No. 500, 7-25-2016] 

A.     Funeral Leave. A full-time employee may be granted up to three (3) working days, with pay, for funeral leave for purposes of attending the funeral of a deceased spouse, child, mother, father, sister, brother, mother-in-law, father-in-law or any relative residing permanently with and dependent upon said employee. Funeral leave shall not be deductible from either vacation or sick leave. 

B.     Military Leave.  

1.      A military leave of absence will be granted to employees who are absent from work because of service in the United States uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).[5] Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable. The leave will be unpaid. However, employees may use any available paid time off for the absence.  

2.      Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible.  

3.      Vacation, sick leave, and holiday benefits will continue to accrue during a military leave of absence.  

4.      Employees on military leave for up to thirty (30) days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable State laws.  

5.      Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service.  

6.      Employees may obtain additional information regarding their rights under USERRA from the City Clerk's office.   

C.     Jury Duty Leave. A full-time employee may be granted leave, with pay, when required to be absent from work for jury duty or as a trial witness. Compensation for such leave shall be limited to the difference between pay received for this service and normal compensation. Documentation of jury duty will be requested. 

D.     Medical Leave.  

1.      Although the Family Medical Leave Act (FMLA) generally applies to public employers, the City of Stockton is exempted out of the requirement of providing FMLA leave because it employs less than fifty (50) individuals. The City of Stockton has, however, voluntarily adopted the following medical leave policy.  

2.      A full-time employee who has worked for the City of Stockton for at least twelve (12) continuous months may request leave for qualifying family or medical events. A qualifying employee is entitled up to a total of eight (8) weeks of unpaid leave during a rolling[6] twelve-month period for the following reasons:  

a.      Birth of a child;  

b.      Care for a newborn child;  

c.      Placement of a child for adoption or foster care;  

d.      The employee is needed to care for a child, spouse or parent having a serious health condition; or  

e.      The employee's own health condition makes him or her unable to perform the functions of the job.

               *Please note that an employee's entitlement to leave related to the birth of a child expires one (1) year after the child's date of birth.  

       

3.      The following definitions shall be used to determine qualification: 

PARENT — A biological parent, or an individual who stood in the place of an employee's parents and raised him or her when he or she was a child. The term "parent" does not include parents-in-law (e.g., mother-in-law or father-in-law).  

SERIOUS HEALTH CONDITION — A condition involving inpatient care or continuing treatment by a health care provider. Where inpatient care is not involved, a serious health condition requires three (3) or more days' absence from work (or incapacity to perform daily activities, in situations of caring for a family member) before a health condition may qualify for leave. Continuing treatment generally means two (2) or more visits to a health care provider.  

SON or DAUGHTER — A biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person as defined above, who is either under age eighteen (18) or age eighteen (18) or older and incapable of self-care because of a mental or physical disability.  

SPOUSE — A husband or wife as defined or recognized under State law for purposes of marriage, including common law marriage in States where it is recognized.   

4.      To request medical leave, an employee must submit a written request to his or her department head, the Mayor and/or the Board of Aldermen.  

5.      When the employee's need for leave is foreseeable, he or she must give thirty (30) days' advance notice before the leave is to begin. In addition, when foreseeable leave is planned for medical treatment, an employee should make a reasonable effort to schedule the treatment to avoid unduly disrupting the work operations. When the need for leave is not foreseeable, an employee must give notice as soon as practical, ordinarily within one (1) or two (2) working days of learning of the need for leave, except in extraordinary circumstances. Additionally, once the employee's leave begins, he or she must notify the City of Stockton's Mayor, his or her department head and/or the Board of Aldermen in writing every fifteen (15) days regarding the status of his or her leave and his or her intention to return to work at the end of the leave period.  

6.      Medical leaves of absence are generally unpaid. However, if an employee has unused vacation, sick pay, or other applicable disability insurance, this shall be used for all or part of the unpaid leave of absence. Any paid benefits (i.e., vacation, sick pay, etc.) shall run concurrently with the unpaid medical leave, and shall not be used to extend the length of the medical leave. The unpaid leave (both medical and family leave) and the paid time off (vacation, sick and personal days) used during the leave of absence, in total, still may not exceed the maximum eight (8) weeks in the twelve-month period. Should the leave extend beyond the amount of paid leave the employee has available, the balance of the leave will be unpaid. When an employee's paid and unpaid leave runs concurrently, the City shall give notice to the employee when his or her paid leave runs out.  

7.      An employee who is on approved medical leave will continue to receive group health coverage at the same level and under the same conditions that existed while he or she was working, unless the employee elects not to continue coverage. If the City of Stockton changes its health plan during an employee's leave, the change will apply to the employee as if still on the job.  

8.      The City of Stockton may, at its sole discretion, require periodic reports from an employee on approved medical leave regarding his or her status and intent to return to work. After an approved medical leave, the employee will be asked to provide certification of the employee's ability to return to work from his or her physician. The employee will not be allowed to return to work if he or she fails to submit this fitness-for-duty report.  

9.      If the employee fails to return to work after an approved medical leave and he or she is not authorized by the City of Stockton to take any additional leave time, the employee's position at the City of Stockton will be considered abandoned. This will be treated as a voluntary termination of employment by the employee.   

E.      Absence With Leave. The Board of Aldermen may grant a full-time employee a leave of absence, without pay, for a period up to three (3) months. The employee is responsible for full payment of his or her health insurance benefits after the first thirty (30) days of the leave. 

F.      Work-Related Injury Or Illness Leave. The City provides coverage for work-related illness/injury under the Missouri Division of Workers' Compensation. Payments for lost time are two-thirds (2/3) of the employee's average weekly pay, up to a maximum set by State law. Payments are not made for the first three (3) regularly scheduled work days unless the employee is unable to work more than fourteen (14) days. The employee is required to report the injury immediately to his or her department supervisor, City Clerk or Mayor in writing. If the employee fails to do so, a delay of more than twenty-four (24) hours in reporting an accident may result in loss of right to compensation benefits. The City will arrange for all medical treatment, unless in an emergency situation. Light-duty return-to-work authorizations will be considered on a case-by-case basis. The department head and Mayor must approve any light-duty assignments. If an employee fails to follow doctor's orders of light duty, it shall cut off the City's liability for the injury. 

G.     Absence Without Leave. Absence of an employee from duty, including any absence for a single day or part of a day, that is not authorized by specific grant of leave of absence under the provisions of these rules shall be deemed to be absent without leave. Any such absence shall be without pay and may be subject to disciplinary action.   

Section 117.520.  through Section 117.590. (Reserved)  

ARTICLE VI

Benefits

Section 117.600.  Holiday Pay. [Ord. No. 500, 7-25-2016] 

A.     The following, and such other days as may be designated by the Mayor and/or Board of Aldermen, are paid holidays for full-time employees:

               New Year's Day         

              Martin Luther King Day        

              Presidents' Day           

              Memorial Day            

              Fourth of July             

              Labor Day      

              Columbus Day           

              Veterans Day             

              Thanksgiving (including Friday after)           

              Christmas Eve half day at Mayor's discretion           

              Christmas       

    

B.     When a holiday falls on a Sunday, the following Monday shall be considered the designated holiday. Whenever a holiday falls on Saturday, the preceding Friday or following Monday shall be considered the designated holiday, as determined by the Mayor. Holidays which occur during vacation leave shall not be charged against vacation leave. Any employee required to work on the designated holiday shall receive his or her rate of pay at time and a half for the number of holiday hours worked plus his or her normal eight (8) hours' compensation.   

Section 117.610.  Vacation Leave. [Ord. No. 500, 7-25-2016] 

A.     Each full-time employee after occupying a position for twelve (12) consecutive months is allowed a vacation leave with pay. 

B.     Vacation needs to be taken during the year following its accumulation. Vacation credit may not be carried from one (1) year to the next. Payment in lieu of vacation time will not be allowed. Vacation must be taken in full days. Vacation may not be taken by the hour for payroll and bookkeeping purposes. Exceptions may be granted with written consent from the Mayor. Vacation time may be used on account of sickness, injury or disability, at the request of the employee, with the discretion of the department head. If a holiday falls during the vacation period, an additional day shall be granted. 

C.     Vacation time is granted as follows:  

1.      After working one (1) year, the employee shall receive one (1) week.  

2.      After working two (2) years, the employee shall receive two (2) weeks.  

3.      After working five (5) years, the employee shall receive three (3) weeks.  

4.      After working ten (10) years, the employee shall receive four (4) weeks.   

D.     Vacation leave credit may be carried from one (1) year to the next by Board approval. When a regularly scheduled holiday occurs during the period of an employee's vacation, an additional day of vacation shall be granted. No provisions are made for monetary payment in lieu of vacation time unless approved by the Mayor or may be rolled over to the next year by Board approval. The approval for vacation leave will be by the department head, Alderman or Mayor. An employee who is separated from service shall be compensated for vacation accrued up to date of separation.   

Section 117.620.  Sick Leave. [Ord. No. 500, 7-25-2016] 

A.     Sick leave is granted to all full-time employees at the rate of eight (8) hours per month end from date of calendar month of service. Sick leave will accrue from the first day of employment, but not taken until the probationary period is completed. Sick leave may not be taken in advance. 

B.     Sick leave may be granted if the absence is due to sickness, bodily injury, quarantine, required medical examinations/treatments or illness of immediate family member. Absence resulting from intemperance, immorality or willful misconduct shall not be allowed as sick leave. Sick leave may be used in one-hour increments. To receive compensation while absent on sick leave, the employee shall notify his/her department head, Mayor or City Clerk prior to, or within one (1) hour, after the time set for beginning his/her daily duties, except in case of emergency. When absence is for more than three (3) days, the employee may be required to have a physician's certificate. If an employee is terminated for any reason, all accumulated sick leave shall be canceled. An employee terminating from the City service shall not be allowed to use sick leave in the last two (2) calendar weeks of employment with the City. 

C.     No paid sick leave shall be allowed for an injury sustained while working for another employer.   

Section 117.630.  Sick Leave Pool Policy. [Ord. No. 500, 7-25-2016] 

A.     Organization And Membership.  

1.      The sick leave pool is a voluntary group of both hourly and salaried employees which seeks to partially meet the needs of employees who are faced with a major illness or accident of self or immediate family member (to include spouse, parents, children, mother-in-law, father-in-law, grandparents, grandchildren, brothers and sisters of an employee) and have used up all of their sick, vacation and comp time. This sick pool is not designed for brief absences after sick leave is used up, for business, normal pregnancy, or non-emergency surgery that can be done on the employee's time.  

2.      All City employees who are full-time may become members by completing an application and authorizing the donation of three (3) sick leave days upon the formulation of this group and one (1) sick leave day per year on April 1 of each year. Anyone wishing to join after the formulation of this group will also have to donate three (3) sick leave days. The only exception to this will be probationary employees. They will only need to donate one (1) day after their probation period is over. Then they will have one (1) year to donate their other two (2) sick days. A member that has drawn from the bank or has used all of his/her sick days will not be required to contribute additional days to remain a member. An employee who does not become a member during his/her first two (2) years of eligibility, or withdraws membership, shall be ineligible for future membership. Termination of an employee's services automatically terminates membership in the sick leave pool. Through resignation or retirement of any employee, members may donate up to twenty (20) days to the sick leave pool. Said donations shall be made in writing to the Sick Leave Pool Board. A member can choose to donate more than one (1) day per year, however, that member will be on an equal basis if they need to withdraw days from the pool. Each employee must update membership each year by completing a form to be kept on file. If the City Board terminates the sick leave pool for any reason, all sick days donated by employees shall be returned to said employees.   

B.     Administration. A member may be eligible to draw from the pool after depleting all of his/her sick, vacation and comp time. The member shall submit an application to the Sick Leave Pool Board requesting withdrawal of days from the pool. In addition to the application the member will be required to submit a letter from a physician stating the nature of the illness or injury and that said member is unable to work due to this illness or injury. The Sick Leave Pool Board shall maintain the right to require an exam by a physician of its choice or additional documentation at any time. These requirements must be met for each application submitted. A normal pregnancy will not be covered. Exception may be made if the pregnancy becomes complicated. The maximum number of days that may be drawn by one (1) employee per year will be twenty (20). The maximum number of days that can be accumulated in the pool is one hundred (100) days. Days remaining in the pool at the end of the year shall be carried over to the next year. The Sick Leave Pool Policy may be reviewed at the end of each year by the Sick Leave Pool Board. Any revision of the adopted policy must be approved by the general membership of the sick leave pool. The City Board must give final approval of a policy change. If the pool of days gets low, a request may be made by the Sick Leave Pool Board for members to donate additional days. If the request is made to do this, every member must donate to remain active. 

C.     Board Of Control. Control of the pool is vested in a Sick Leave Pool Board. This Board will consist of five (5) members. One (1) member will be from the Board of Aldermen, two (2) members will come from the Public Works/Street Department, one (1) member will be from the Police Department, and the final member will be from General Revenue. If a department does not have a member to serve on the Board, another department can elect a member to serve. Each department will elect whom it wants within its department to serve on the Board. One (1) person on this Board will be elected by the Board to keep track of sick pool days used and accumulated. Members shall be elected each year as needed to serve a two-year term. A majority vote of the total Board is necessary to approve a request for withdrawal of days from the pool. The Pool Board reserves the right to grant zero (0) to twenty (20) days. If the Pool Board has denied a request, the applicant may appeal the decision in writing to the City Board within ten (10) days of notification of denial. It will be the responsibility of the Chairman of the Sick Leave Pool Board to notify new employees of the pool. It will also be the responsibility of the Chairman to notify the bookkeeper, as well as the petitioner, of the Board's decision on all requests.   

Section 117.640.  Group Health Insurance. [Ord. No. 500, 7-25-2016] 

A.     All full-time employees are eligible to participate in the health insurance program after sixty (60) days of employment and approved by the Board, but are not required to enroll in the program. The City will pay the entire cost of employee only Plan A. The employee may elect dependent coverage but will be responsible for the difference in premiums through payroll deduction. 

B.     COBRA gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City of Stockton's health plan when a qualifying event would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, death of an employee, a reduction in an employee's hours, leave of absence, employee's divorce or legal separation and a dependent child no longer meeting eligibility requirements. Under COBRA, the employee or beneficiary pays the full cost of coverage at the City of Stockton's group rates plan plus an administration fee.   

Section 117.650.  Missouri Local Government Employees Retirement System (LAGERS). [Ord. No. 500, 7-25-2016]

All full-time employees, six (6) months of employment [part-time employees, sixty (60) days], are covered by the Missouri Local Government Employees Retirement System (LAGERS). An eligible employee's participation in LAGERS is mandatory, and he or she will, in accordance with applicable laws, be required to have a certain percentage of gross salary and wages deducted for contributions to the plan. The City will provide contributions to the plan in accordance with its duties and responsibilities as set forth in applicable laws. The City employee contributes four percent (4%) of gross income. The City pays a rate of four and eight-tenths percent (4.8%). After five (5) years of employment, the employee is considered vested. 

Section 117.660.  Education Leave. [Ord. No. 500, 7-25-2016]

The Mayor may authorize special leaves of absence, with or without pay, for any period not to exceed six (6) calendar months in any one (1) calendar year for attendance at a school or university for the purpose of training in subjects relating to the work of the employee and which will benefit the employee and the City service. The City may share in up to one hundred percent (100%) of the tuition costs if the course is completed successfully. However, if the City shares in the cost, the employee must remain in the City service for one (1) month for each hour of course credit after completion of the course. If the employee fails in this obligation, the City's portion of the tuition will be deducted from the employee's last paycheck. In the event that the course is not based on credit hours, the employee's required length of stay after completion of the course should be determined by the employee and the Mayor before the course begins. 

Section 117.670.  Recognition of Service. [Ord. No. 500, 7-25-2016] 

A.     In recognition of the value of City employees' continued service to the City, there is hereby established a longevity recognition program for City employees as follows:

 

Length of Employment

Additional Compensation

 

Up to 6 months

$50.00

 

6 months up to 12 months

$75.00

 

12 months up to 24 months

$100.00

 

24 months up to 42 months

$125.00

 

42 months up to 48 months

$150.00

 

48 months up to 60 months

$175.00

 

60 months or more

$200.00

             

    

B.     In addition to regular compensation, employees shall receive as additional compensation the amount set forth above based on the employee's longevity as of September 30 of each year. The additional compensation shall be paid with the first regular payroll check in November of each year, and employees shall receive additional compensation, as calculated above, as a net amount exclusive of deductions for Federal and State income tax withholdings, social security, Medicare and employee LAGERS contributions. 

C.     Only those employees employed on September 30 of each year are eligible to receive payments as provided by this Section.   

Section 117.680.  through Section 117.690. (Reserved)  

ARTICLE VII

Appointments and Separations

Section 117.700.  Vacancies Publicized. [Ord. No. 500, 7-25-2016]

The City Clerk may publicize vacancies to be filled in the municipal service in order to encourage qualified persons to apply and be considered for municipal employment as approved by the Board. 

Section 117.710.  Appointments. [Ord. No. 500, 7-25-2016]

Appointments to positions with the City shall be made on the basis of ability, training and experience. The City of Stockton does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, national origin, age, disability or any other characteristic protected by law. 

Section 117.715.  Appointment and Promotion. [Ord. No. 500, 7-25-2016] 

A.     Appointments and promotions to all classified positions shall be solely on the basis of merit, which shall be determined by evaluation of the applicant's:  

1.      Training, education, experience and physical fitness;  

2.      Oral interview; and  

3.      Whenever practical, an examination or demonstration test.     

Section 117.718.  Age. [Ord. No. 500, 7-25-2016]

The minimum age for employment as a probationary employee shall be eighteen (18) years of age, except for Law Enforcement Officers who shall be over twenty-one (21) years of age, unless the Mayor shall in writing waive the requirement. 

Section 117.720.  Verification of Applicant's Background. [Ord. No. 500, 7-25-2016]

Accuracy of the information on applications for employment may be verified, including, but not limited to, a Missouri Highway Patrol background check, preemployment drug testing, employer and salary inquiries and references. This information will not be available for review by the applicant/employee.

     Cross Reference - As to mandatory drug testing, § 117.810.         

    

Section 117.725.  Probationary Period. [Ord. No. 500, 7-25-2016] 

A.     Generally. Each employee receiving an appointment or a promotion to a position in the service of the City must serve a probationary period of sixty (60) days before his/her appointment or promotion shall be considered permanent. During the employee's sixty-day probationary period, the employee's work habits, abilities, attitude, promptness and other pertinent characteristics will be observed, evaluated and documented by his/her supervisor, department head or other appropriate City Official on a monthly basis. If the probationary employee fails to meet required standards of performance, he/she is to be dismissed, or if he/she is a promoted regular employee, he/she may be restored to the position from which he/she was promoted or to a comparable position. During the probationary period, the employee is not eligible for employee fringe benefits, such as sick leave and vacation, but will earn credit for those to be taken at a later date. Wages for designated holidays falling within the probationary period will be paid to probationary employees. 

B.     Probationary Period — Discharge. If at any time during the probationary period the supervisor determines that the services of a City employee have been unsatisfactory, the employee may be separated from his/her position without the right of appeal or a hearing. The Mayor shall notify the probationary employee in writing at least seven (7) calendar days before the effective date of separation of the reasons for the separation. 

C.     Probationary Period — Extension. At the end of an employee's probationary period, if there is reason to believe that the employee may develop the ability to perform satisfactorily by an extension of the probation period, the department head may grant an extension, not to exceed sixty (60) days, based upon supporting evaluation documentation. 

D.     Probationary Period — Termination Of Probationary Period. At the end of each employee's sixty-day probationary period or extension granted under the authority of Subsection (C), the supervisor of the employee shall complete a probationary report and notify the Mayor in writing that either:  

1.      The employee has successfully completed his/her probationary period and is capable of performing the duties of the position satisfactorily and is henceforth to be considered a regular employee with all rights and privileges due him/her; or  

2.      The employee has not demonstrated ability to perform satisfactorily the duties of the position and is to be separated from City employment or, if promoted from another position, returned to the previous or a similar position.     

Section 117.730.  Discipline Action. [Ord. No. 500, 7-25-2016] 

A.     It is the duty of every employee to attempt to correct any faults in performance when called to their attention and to make every effort to avoid conflict with the City's rules and regulations. It is the duty of every department head, Board of Aldermen or Mayor to discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action. Discipline shall be, whenever possible, of an increasingly progressive nature, the steps of progression being verbal warning, written warning, suspension, with or without pay, or termination of employment. There may be circumstances when one (1) or more steps are bypassed due to certain types of employee problems that are serious enough to justify suspension or termination, at the sole discretion of the department head, Mayor and/or Board of Aldermen. 

B.     The City is setting out some of the following grounds for demotion, suspension or termination of any employee: conviction of a felony or other crime involving moral turpitude, acts of incompetence, absence without leave, acts of insubordination, intentional failure or refusal to carry out instructions, misappropriation, destruction, theft or conversion of City property, refusal or neglect to pay just debts, acts of misconduct while on duty, willful disregard of orders, habitual tardiness and/or absenteeism, falsification of any information required by the City, failure to properly report accidents or personal injuries, neglect or carelessness resulting in damage to City property or equipment, repeated convictions during employment on misdemeanor and/or traffic charges, violation of drug-free workplace policy. Nothing in this Subsection is meant to alter the Board of Aldermen's rights to impose discipline under Section 79.240, RSMo. 

C.     A written notice shall be given to each employee stating the reasons for the disciplinary action and the date it is to take effect. The notice is to be given to the employee at the time such action is taken and in any event no later than three (3) working days from the date of action. A copy of the notice, signed by the employee, will be placed in the employee's file and shall serve as prima facie evidence of delivery. 

D.     An employee may be suspended, reduced in pay or class or removed at any time by the majority vote by the Board of Aldermen.   

Section 117.740.  Resignations. [Ord. No. 500, 7-25-2016]

An employee who desires to terminate his service with the City shall submit a written resignation to the Mayor or department head, with a copy to the City Clerk, at least fourteen (14) calendar days prior to the final day of work. Under extenuating circumstances, the Mayor may agree to a shorter period of notice. Failure to comply with this notice rule may be a cause for denying future employment by the City. 

Section 117.750.  Promotion Policies. [Ord. No. 500, 7-25-2016]

All vacancies occurring in the service of the City shall, whenever possible, be filled by promotion of a qualified employee within the City service. However, the Mayor may authorize the recruitment of applicants from outside the City service whenever he/she has reason to believe that better qualified applicants are available than within the City service. Promotion within the City service shall be based on the qualifications of the person being appointed. Usually, the first consideration in filling of vacancies will be given to the most qualified applicant in the department in which the vacancy exists. Next, consideration will be given to the most qualified applicant from outside the department. If no acceptable applicant is found within the City service, the vacancy will be filled from outside the City service. The criteria used in the selection of the most qualified applicant shall be based upon experience, performance, evaluation and, where feasible, examination, and shall be approved by the Board. 

Section 117.760.  Grounds for Immediate Dismissal. [Ord. No. 500, 7-25-2016] 

A.     Any other provision of the Municipal Code notwithstanding, the following are declared to be grounds for immediate dismissal or removal of any permanent, temporary or probationary employee:  

1.      Misappropriation, destruction, theft or conversion of City property.  

2.      Positive test for illegal use of a controlled substance.  

3.      Refusal or failure to submit to a drug test.   

B.     Any other provision of the Municipal Code notwithstanding, dismissal on the grounds set forth in Subsection (A) above shall be effective immediately, and the City shall not be required to give prior written notice of the contemplated action to the employee prior to termination of his/her employment. 

C.     Any person whose employment has been terminated on the grounds set forth in Subsection (A) above shall be entitled to an appeal as set forth in Section 117.140 of the Municipal Code but shall not be entitled to receive wages or benefits following dismissal unless, on appeal, the termination is reversed and the person resumes his or her employment with the City.   

Section 117.770.  through Section 117.790. (Reserved)  

ARTICLE VIII

Other Policies

Section 117.800.  Outside Employment. [Ord. No. 500, 7-25-2016]

Full-time employment with the City shall have precedence over the other occupational interests of employees. All outside employment for salary, wages or commissions and all self-employment must be reported to the employee's department head or Mayor and approved by the Board. No employee shall engage in or accept private employment or render services for private interest when such employment or service is incompatible or creates a conflict of interest with his or her official duties.

     Cross Reference - As to preemployment regulations, § 117.720.  

    

Section 117.810.  Drug-Free Workplace. [Ord. No. 500, 7-25-2016] 

A.     It is the City's goal to provide a drug-free, healthful and safe workplace. To promote this objective, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. 

B.     No employee may use, possess, distribute, sell or be under the influence of alcohol or illegal drugs while on the City of Stockton's premises and while conducting business-related activities off City premises. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace. 

C.     Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment and/or required participation in a substance abuse rehabilitation or treatment program at the employee's expense. Such violations may also have legal consequences.   

Section 117.820.  Safety. [Ord. No. 500, 7-25-2016] 

A.     Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations may be subject to disciplinary action, up to and including termination of employment. 

B.     In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify his or her department head. Said employee shall then be sent in for immediate mandatory drug testing. Such reports are necessary to comply with laws and initiate insurance and workers' compensation benefit procedures. 

C.     Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with their department heads, Board of Aldermen or the Mayor. Reports about workplace safety issues may be made anonymously if the employee wishes.   

Section 117.830.  Smoking. [Ord. No. 500, 7-25-2016] 

A.     In keeping with the City of Stockton's intent to provide a safe and healthful work environment, smoking is not allowed in any City buildings or vehicles. 

B.     This policy applies equally to all employees and visitors.   

Section 117.840.  Use of Telephone. [Ord. No. 500, 7-25-2016]

Personal use of City telephones for long distance and toll calls is not permitted. Employees should use discretion when making local personal calls and may be required to reimburse the City for any charges resulting from his or her personal use of the telephone. 

Section 117.850.  Workplace Violence Prevention. [Ord. No. 500, 7-25-2016] 

A.     The City is committed to preventing workplace violence and to maintaining a safe work environment. Given the increasing violence in society in general, the City has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur during business hours or on its premises. 

B.     All employees, including supervisors and temporary employees, should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, horseplay, or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited from the premises of the City with the exclusion of law enforcement personnel who are authorized to carry weapons. 

C.     Conduct that threatens, intimidates, or coerces another employee, a customer, or a member of the public at any time, including off-duty periods, will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual's sex, race, age, or any characteristic protected by Federal, State, or local law. 

D.     All threats of (or actual) violence, both direct and indirect, should be reported as soon as possible by an employee to his or her immediate supervisor or any other member of management. This includes threats by employees, as well as threats by other members of the public. When reporting a threat of violence, employees should be as specific and detailed as possible. 

E.      Anyone determined to be responsible for threats of (or actual) violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. 

F.      The City encourages employees to bring their disputes or differences with other employees to the attention of their department head before the situation escalates into potential violence. The City is eager to assist in the resolution of employee disputes, and will not discipline employees for raising such concerns.   

Section 117.860.  Vehicle Operations, Care and Inspection. [Ord. No. 500, 7-25-2016] 

A.     No one shall operate any City-owned vehicle without a valid Missouri operator's license or valid Missouri commercial driver's license in his/her possession and in compliance with any restrictions or endorsements on the license. If you drive a City vehicle, even on an occasional basis, and your driver's license is suspended or in any way restricted, you shall notify your supervisor immediately. 

B.     Supervisors shall periodically (at least once a year) examine all operators' licenses for validity and record the type of license, license number, expiration date and renewal date. 

C.     No one shall operate a City-owned vehicle without proper authorization. If applicable, CDL, United States and Missouri Department of Transportation rules and regulations shall be followed. This includes placarding for hazardous materials. 

D.     No one shall authorize operation of a City-owned vehicle without reasonable assurance that the person operating said vehicle is capable, trained and qualified to operate said vehicle. 

E.      Safety belts and, if so equipped, shoulder harnesses shall be worn by all occupants of a motor vehicle. 

F.      All employees operating City-owned vehicles shall obey all State and local traffic ordinances, never exceed the posted speed limit, and operate vehicles in a safe and prudent manner. As an additional safety measure, it is recommended that all drivers operate their vehicles with the headlights on even during daylight hours. 

G.     All vehicles should be kept free of objects that might lodge under a brake pedal or interfere in any way with the safe operation of the vehicle or become a projectile in a collision or sudden stop. 

H.     Inspection. All City equipment and vehicles shall be subject to a Missouri motor vehicle inspection every two (2) years. Such inspection may be done by employees if they have received proper certification.   

Section 117.870.  Work Zone Safety Policy. [Ord. No. 500, 7-25-2016] 

A.     The work performed by our employees on our streets and highways places their safety in great jeopardy. Because of this, and to protect the general public, it is imperative that recognized procedures are used to establish work zone control and therefore minimize the associated risks. 

B.     Work One Safety Objectives.  

1.      The primary objective is to first give adequate warning to the public and when necessary to direct the public around the work zone to insure the safety of drivers, pedestrians and our employees.  

2.      Every employee working in or near the work zone must wear red or orange warning vests and all other appropriate personal protective equipment. Unless the work to be performed will be extremely short in duration, some form of warning device such as a "Men Working" sign must always be posted to inform the public. The information listed below will dictate the extensiveness of the work zone to be used.   

C.     Preliminary Considerations. The great variety of tasks performed on our streets and highways makes it impossible to have a work zone safety policy that can address every situation. It is the responsibility of the supervisor on the job site to evaluate all conditions before determining the extent and design of the work zone to be established. Items that must be taken into consideration prior to setting up a control zone include, but are not limited to, the following:  

1.      Speed of traffic. Is traffic high speed or low speed?  

2.      Volume of traffic. Is traffic congested or light? If the site will remain for any length of time, consider all applicable events in that area.  

3.      Will character of traffic change during job operation?  

4.      Are hills, curves, intersections, etc., a factor?  

5.      Weather conditions.  

6.      Will flagmen be required when setting up and removing equipment? During job operation?  

7.      If a truck is on the job, where should it be located for maximum protection of personnel?  

8.      Will job operations cause interference to pedestrian or vehicular crossing such as a school crossing or bus stop?  

9.      Will a flashing light or other emergency lighting equipment be required?  

10.    Types of traffic control equipment for the job?  

11.    Duration of the project?  

12.    Is job along routes to or near special events, such as baseball games, track events, etc.? Is it possible to schedule the job on days or hours with the least traffic?  

13.    Are there other utilities or public work activities scheduled at the same time?  

14.    Where will it be possible to keep materials, tools and equipment pertaining to the job during work operations? After hours?  

15.    Will barricades be necessary?   

D.     Responsibility. The on-site supervisor or his/her designee is responsible for the establishment and operation of a properly designed work zone. It is also the policy that this policy will be reviewed at least annually with all applicable employees.   

Section 117.880.  Grievance Policy. [Ord. No. 500, 7-25-2016] 

A.     The most effective accomplishment of the work of the City requires prompt consideration and equitable adjustment of employee grievances. It is the desire of the City to adjust the causes of grievances informally, and both supervisors and employees are expected to make every effort to resolve problems as they arise.  

1.      All grievances shall be submitted in writing on a form provided by the City and Board of Aldermen to the City Clerk who shall forward a copy thereof to the employee's supervisor for action.  

2.      If satisfaction is not achieved by the above procedure within ten (10) working days, the grievance shall then be presented to the Mayor.  

3.      The Mayor shall convene a hearing within ten (10) days to consider the grievance. The employee, the supervisor, the department head and any other interested party shall have the right to be heard. All City employees shall be considered in the service of the City during the course of the grievance hearing, and each employee shall be paid at his/her regular hourly rate for that time spent in the hearing.  

4.      Following the hearing, the Mayor shall within ten (10) days take whatever action is necessary, including, but not limited to, a recommendation to change the personnel rules and regulations or the work practices of the City, a finding that the grievance is unjustified, or any other appropriate recommendation.  

5.      No employee shall be disciplined or discriminated against in any way because of his/her proper use of the grievance procedure.  

6.      To the extent the provisions of this Section conflict with Section 117.140 of this Chapter, the requirements of Section 117.140 shall apply. The procedure outlined in Section 117.140 shall be used if the alleged grievance is a disciplinary matter, although the Mayor may treat a hearing under this Section as a hearing for the purposes of Section 117.140(7), provided that all employee rights have been respected.     

Section 117.890.  Open Carrying of Firearms, Prohibited. [Ord. No. 500, 7-25-2016] 

A.     No City employee or volunteer shall openly carry a firearm while on duty as a representative of the City, and the open carrying of firearms shall not be permitted on any City property. 

B.     This Section shall not restrict or otherwise limit the rights of a valid concealed carry permit holder to exercise that right, nor shall it restrict or limit the rights and duties of any law enforcement personnel, whether on duty or off duty.    

ARTICLE IX

Exceptions

Section 117.900.  Exceptions to this Chapter. [Ord. No. 500, 7-25-2016]

The provisions of this Chapter shall not apply to uniformed employees to the extent that the personnel policies of those departments conflict with this Chapter. Chapter 205, Article I, entitled "Fire Department" and Chapter 200, entitled "Police Department" shall apply to those employees of those departments.  


[1].  Editor's Note: This ordinance superseded former Ch. 117, Personnel Regulations, adopted CC 1979 §§ 23.010 — 23.270, as amended.

[2].  Editor's Note: See Section 610.010 et seq., RSMo.

[3].  Editor's Note: See Section 610.010 et seq., RSMo.

[4].  Editor's Note: See 29 U.S.C. § 201 et seq.

[5].  Editor's Note: See 38 U.S.C. §§ 4301 — 4335.

[6].  The rolling twelve-month period begins when an employee first takes medical leave. 

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