Editor's Note: Former Ch. 140, Personnel, was amended in its entirety 1-3-2023 by Ord. No. 477. Prior history includes Ord. No. 194, Ord. No. 280, and Ord. No. 338.
[Ord. No. 477, 1-3-2023]
A. 
The purpose of this employee Personnel Manual is to serve as a ready reference for all employees of the City of Warsaw. The manual will provide you with answers to many questions that will make your job easier. It is intended to serve as an overview of our employment policies, guidelines for wages, hours, benefits and working conditions. The language used in this employee manual is not intended to, and does not, constitute an employment contract, either expressed or implied. Reference to gender within this manual is not intended to be gender specific: therefore, he/she is she and she is he.
B. 
Because of the many areas with the employment by the City of Warsaw, it is not possible to cover every aspect of our personnel policies. Rather, the manual should allow you to quickly become informed of certain basic rules under which we operate. However, with the ever-evolving needs of the City, the Board of Aldermen may sometimes find it necessary to expand or change some of these policies. When this is done, written notices outlining the changes will be sent to you as guidance.
[Ord. No. 477, 1-3-2023]
A. 
Our manual is to communicate the polices and procedures which establish clear expectations between the Board of Aldermen and employees. These guidelines are intended to provide a framework from which the City can deal fairly with all employees. We see this manual as a living document which will be reviewed periodically.
B. 
Our entire organization is dedicated to serving the needs of the citizens of Warsaw. We must deliver our services to the citizens and visitors of Warsaw in a professional and courteous manner, always remembering that above all the business of government is providing for people what they cannot affordably or practically provide for themselves.
C. 
All team members are expected to become familiar with current personnel practices and to abide by the policies of the City as a condition of employment. Concerns or questions regarding the information in this handbook, or about an employment situation, should be directed to your supervisor or to the City Administrator, City Clerk or the designee, who has been assigned responsibility for administering Human Resources at the City. We are here to serve employees in any way possible and to assist in making employment with the City fulfilling and productive.
D. 
This manual, and any documents referred to within, supersedes all prior employee manuals and policies whether written or oral.
[Ord. No. 477, 1-3-2023]
Employment with the City is voluntarily entered into and the employee is free to resign at any time, however prior notice of resignation is strongly recommended as it affects an employee's non-vested benefits and reflects negatively on work ethic. Similarly, the City may terminate the employment relationship "at will" at any time, with or without notice or cause. No provision of this handbook does, or is intended, to modify the at-will relationship. Missouri law provides that employees of municipalities are hired at will and may be discharged at will. Only the Officials of the City may modify the at-will status of an employee and it must be done in writing and approved by the Board of Aldermen.
[Ord. No. 477, 1-3-2023]
The City fully complies with "The Immigration Reform and Control Act of 1986."[1] In conjunction with the Act an employee will be required to provide proof of their eligibility to work on or before their first day of employment. The City will utilize the E-Verify system as a part of their new-hire process.
[1]
Editor's Note: See 8 U.S.C.A. § 1101 et seq.
[Ord. No. 477, 1-3-2023]
Each City employee is responsible to perform their assigned duties in order to meet service needs of the City.
[Ord. No. 477, 1-3-2023]
A. 
Employees will be told during the hiring process whether their position is classified as "exempt" or "non-exempt." These classifications are dictated by Federal guidelines, to which we strictly adhere.
1. 
Full-Time. Those employees who are regularly scheduled to work a minimum of forty (40) hours per week/fifty-two (52) weeks a year with the accumulation of all City benefits.
2. 
Part-Time. Those employees who are regularly scheduled to work for not more than twenty-five (25) hours per week/fifty-two (52) weeks a year or less with no accumulation of any City benefits.
3. 
Variable Hour. Those employees who, when hired, are not regularly scheduled and work hours that vary from week to week.
4. 
Temporary/Seasonal. Those employees who are hired as interim replacements, to temporarily supplement the work force or to assist in the completion of a specific project for periods of less than six (6) months with no accumulation of any City benefits.
[Ord. No. 477, 1-3-2023]
A. 
Employees will be told during the hiring process whether their position is classified as "exempt" or "non-exempt." These classifications are dictated by Federal guidelines, to which we strictly adhere.
1. 
Exempt: Employees who are classified as "exempt" are paid at a salaried amount, rather than an hourly wage, are exempt from overtime pay when they work over forty (40) hours in a workweek. It is not necessary for these employees to record the hours they work, but they do submit information regarding vacation, illness, jury duty, bereavement, etc.
The Chief of Police, City Clerk and City Administrator are exempt employees and therefore shall not receive overtime pay without the approval of the City Council.
2. 
Non-Exempt: Employees who are classified as "non-exempt" are paid an hourly wage and receive overtime pay at the rate of one and one-half (1 1/2) times their regular hourly rate for all hours worked that exceed forty (40) in a workweek. Any other paid but non-working time (with the exception of holidays) is not counted in determining qualification for overtime (such as vacation or bereavement). Non-exempt employees must be authorized by their supervisor prior to working overtime.
Per Federal guidelines, non-exempt employees must keep accurate time records of the actual hours they work following the City's procedures. Knowledgeable or deliberate falsification or alterations of time records will result in termination.
[Ord. No. 477, 1-3-2023]
A. 
It is the policy of the City to provide equal opportunity in employment to all employees and applicants for employment. No person will be discriminated against in employment because of their race, religion, color, sex, age, national origin, ancestry, disability, military status, sexual orientation, gender identity or any other characteristic protected by applicable Federal or State law. All employment decisions will be made in accordance with the individual's ability to perform the essential functions of the job. It is the City's responsibility to act in a nondiscriminatory manner in the treatment of candidates and employees to include hiring, promoting, compensating, eligibility for benefits, training, and evaluating employees.
B. 
This policy applies to all terms, conditions, and privileges of employment and all policies of the City.
C. 
An employee who has any questions or concerns about equal treatment under this policy is encouraged to speak with the City Administrator, City Clerk or their designee, who is responsible for Human Resources administration for the City. They may do so without fear of retaliation.
[Ord. No. 477, 1-3-2023]
A. 
The will engage in the interactive process for individuals with disabilities as defined in the Americans with Disabilities Act[1] to assure that all candidates and employees enjoy equal employment opportunities and access to benefits. Employees who require an accommodation in their work or work environment due to a condition which qualifies under the ADA should contact the City Administrator, or their designee, who is responsible for Human Resources. Accommodations necessitated as the result of a situation qualified under ADA will be addressed through the defined process as well. The matter will be handled with the utmost confidentiality and the City will make any reasonable accommodations that do not create undue hardship as defined by regulatory guidelines.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
B. 
"Reasonable accommodation" under this policy means a reasonable modification or adjustment to the job application process or to the work environment or to the manner or circumstances under which the position desired or held is customarily performed that enables the applicant or employee to be considered for the position applied for or to perform the essential functions of that position. Reasonable accommodations depend upon the circumstances of the applicant or employee and the employer's situation at the time of the need.
C. 
No individual will suffer any form of retaliation as a result of requesting or utilizing a reasonable accommodation under this policy.
[Ord. No. 477, 1-3-2023]
A. 
The City is committed to providing all employees a work environment that encourages productive work activity and mutual respect. To accomplish this, we will have zero-tolerance for harassment or inappropriate conduct as described in this policy by or toward any person (including, but not limited to, a supervisor, co-worker, subcontractor, vendor, City resident, or visitor) and will treat any such activity as a policy violation subject to corrective action. This policy is in effect whenever an employee is involved in business activities to include business trips, social gatherings, and all other work-related activities.
1. 
Harassment. The City prohibits harassment and inappropriate conduct toward employees that targets their race, color, gender, age, national origin, religion, disability, ancestry or other categories protected by law. Harassment or inappropriate behavior is unwelcome conduct whether the behavior or materials are written, verbal, graphic, physical or visual in form. This type of conduct is in violation of this policy and can take the form of offensive pictures, literature, jokes, ridicule, epithets, and/or slurs. No one has the right to harass anyone and when this kind of conduct creates an intimidating, hostile, or offensive environment that alters the conditions of work it is unacceptable and will not be tolerated by the City.
2. 
Employee Response To Conduct Covered By This Policy. In some cases, an individual will be unaware that certain behaviors or activities are offensive and will discontinue them when asked to do so. The City encourages this kind of forthright communication however we also require that all incidents be reported even when the employee has requested the offender to discontinue the behavior.
3. 
Sexual Harassment: Sexual harassment deserves special mention, it is illegal under Federal, State, and local laws but it can be difficult to define. Certain conduct is more offensive to some individuals than to others. One (1) form of sexual harassment is defined as unwanted sexual attention of a persistent or offensive nature made by a person who should reasonably know, or has been informed, that such attention is unwanted. Other basic guidelines that we will follow are that pictures, discussions, jokes or remarks involving sex, sexual innuendo, or a particular individual's physical makeup are prohibited. The harassment may be physical or psychological in nature and may be a series or one (1) single event. It is inappropriate for any employee, supervisor, or non-employee to engage in this type of activity and all incidents must be reported. Although all types of prohibited behavior could not be listed, the following list sets out examples considered inappropriate:
a. 
Unnecessary touching or physical contact not needed to perform job duties.
b. 
Discussion of sex-related activities or gender-related physical characteristics.
c. 
Comments or slurs of a sexual or sexist nature.
d. 
Sexual inferences, innuendos, and remarks, including catcalling in passing.
e. 
Cartoons or pictures that deal with a sexual or sexist subject.
f. 
Material including nudity and all forms of pornography.
g. 
Dirty or offensive jokes of a sexual or sexist nature.
h. 
Pressuring someone to engage in a personal relationship.
i. 
Requests for sexual favors.
j. 
Stating, or implying, that an individual's conditions of employment are dependent upon submission to sexual activities or a relationship with an individual who has authority that affects the employee's position.
k. 
Making submission to, or rejection of, such activities or relationships the basis of any employment-related decision.
l. 
Any such related behavior that unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment.
4. 
Reporting Conduct. Anyone who has information regarding what they believe to be harassment or inappropriate behavior as described above should immediately notify their immediate supervisor, the City Administrator or the City Clerk. This includes harassment or inappropriate conduct by another employee, supervisor, or non-employee.
5. 
Investigation Of Complaints. A prompt investigation of the alleged activity will be undertaken, keeping information as confidential as possible. All persons contacted are obligated to cooperate fully.
6. 
Employer Response. Any person who is found to be responsible for violating the City's harassment policy will be subject to corrective action, the severity of which will be decided by the City's management based upon the circumstances of the incident, up to and including termination. If the behavior is a non-employee, we will take whatever steps are necessary to protect the employee.
7. 
Non-Retaliation. No one who participates in reporting such activity or who makes a complaint under this policy shall suffer any retaliation.
8. 
False Accusations. Charges of harassment are extremely serious and individuals accused can suffer irreparable personal and professional damage. Therefore if, after investigation, it is determined that a false and malicious complaint has been made the employee who has made the false accusation will be subject to corrective action up to an including termination.
B. 
Improper conduct that disrupts the workplace, though it does not rise to the level of "harassment," is still unacceptable and will be subject to our corrective action process up to and including termination.
[Ord. No. 477, 1-3-2023]
The City will respond to all reference check inquiries from other employers, credit agencies or other entities checking references on current or former employees when accompanied by appropriate documentation. Responses to such inquiries will normally confirm dates of employment, verify wage rates (if the information has been provided to the inquiring entity), and position(s) held. Information will only be provided pursuant to the employee executing a signed release and the requesting entity providing the City with a copy. Any employee who receives a request for a reference on a current or former employee shall forward the request to the Assistant City Administrator/City Clerk, or their designee, and should not respond to the request themselves due to possible legal ramifications if erroneous or legally restricted information is shared.
[Ord. No. 477, 1-3-2023]
All employees within City service may under Section 79.240, RSMo., be removed by a two-thirds (2/3) vote of all the members elected to the Board of Aldermen at will. The Board of Aldermen may pass ordinances regulating the manner of impeachments and removals.
[Ord. No. 477, 1-3-2023]
The minimum age for employment of full-time employees shall be eighteen (18) years of age. The minimum age for employment of part-time employees shall be sixteen (16) years of age.
[Ord. No. 477, 1-3-2023]
Employees of the City of Warsaw shall not be required to live within the City limits, but they are encouraged to do so. At the time of appointment, promotion, etc., if all other factors are equal, City residents shall be given favorable preference.
[Ord. No. 477, 1-3-2023]
No members of an immediate family shall be employed under a supervisor of the same family, 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, transfers, reinstatements and new appointments. The provisions of this Section shall not be retroactive and no action is to be taken concerning those members of the same family employed at the time of the adoption of this Section. "Immediate family" is defined as wife, husband, mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, grandchildren, stepmother, stepfather, brother-in-law, sister-in-law, uncle and aunt.
[Ord. No. 477, 1-3-2023]
City of Warsaw sponsors a package of benefits for all eligible employees. You will agree the benefits described in this manual represents a very large investment by the City of Warsaw. Some additional benefits are made available to you at your cost through payroll deduction. City of Warsaw reserves the right to modify, add or delete the benefits if offers. A change in employment classification that would result in loss of eligibility to participate in the health insurance plan may qualify an employee for benefits continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA).
[Ord. No. 477, 1-3-2023]
The City of Warsaw makes available health insurance for all full-time employees. City of Warsaw contributes ninety percent (90%) and employee pays ten percent (10%) for health insurance. Employees desiring additional coverage for spouse and or family may purchase it through bi-monthly payroll deductions. Full-time employees are eligible to receive additional health, dental and life insurance benefits at their own expense.
[Ord. No. 477, 1-3-2023]
A. 
The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) helps employees and their dependents to continue their health insurance even if they are no longer eligible under our health plan. There are strict rules about when you can use COBRA. COBRA lets an eligible employee and dependents choose to continue their health insurance when a "qualifying event" happens. Qualifying events include the employee's resignation, termination, leave of absence, divorce, legal separation, or death. Another qualifying event is when a dependent child stops being eligible for coverage under your health insurance.
B. 
If you continue your insurance under COBRA, you will pay the full cost of the insurance at the City of Warsaw's rate and may pay an administrative fee. When you become eligible for our health insurance plan, we will give you a written notice describing your COBRA rights. Notice contains important information about your rights and what to do if you need COBRA.
[Ord. No. 477, 1-3-2023]
The City of Warsaw will provide each full-time employee with a life insurance policy in the amount of twenty thousand dollars ($20,000.00).
[Ord. No. 477, 1-3-2023]
The City participates in the Local Government Employee's Retirement System (LAGERS). LAGERS is a retirement program provided by Missouri Statutes (Section 70.600 et seq., RSMO.) and controlled by the Missouri General Assembly. This benefit will begin after six (6) months of employment. An employee is invested after five (5) years of service. City of Warsaw is in L-7 and contributes one hundred percent (100%).
[Ord. No. 477, 1-3-2023]
A. 
All full-time employees, the Mayor and all members of the Board of Aldermen shall receive at the beginning of each calendar year, family season passes for the Warsaw Municipal Swimming Pool and the Shawnee Bend Golf Course. A "family pass" shall mean the employee/official, his/her spouse and dependent children age eighteen (18) and under.
B. 
All lifeguards and part-time municipal employees, while employed by the City of Warsaw, shall receive an individual Warsaw Municipal Pool pass.
C. 
All City Board members other than the Mayor and Board of Aldermen shall receive a twenty-five percent (25%) discount on Warsaw Municipal Pool family passes and the Shawnee Bend Golf Course.
[Ord. No. 477, 1-3-2023]
A. 
The Health Insurance Portability and Accountability Act of 1996[1] HIPPA limits exclusions for preexisting conditions; prohibits discrimination against employees and their dependents based on their health status; guarantees renewability and availability of health coverage to certain employers and individuals; and protects many workers who lose health coverage by providing better access to individual health insurance.
[1]
Editor's Note: See 42 U.S.C.A. § 201 et seq.
B. 
The special enrollment rights apply without regard to the dates on which an individual would otherwise be able to enroll under the plan. Special enrollment periods apply to you and/or your dependent(s), if you have a new dependent as a result of marriage, birth, adoption or the placement for adoption (qualifying event). Under these rules, a group health plan is required to provide the opportunity for special enrollment for these individuals should they make the request within thirty (30) days of the date the qualifying event occurred.
C. 
If you decline enrollment under City of Warsaw's plan for yourself or your dependents (including your spouse) and state in writing that you and/or your dependents have coverage under another group health plan or health insurance coverage as the reason for declining to enroll you may also have special enrollment rights. Special enrollment rights may apply to you and/or your dependents in the event that you and/or your dependents are no longer eligible for this other coverage.
D. 
Your plan may offer an annual open enrollment giving you the opportunity to enroll yourself and/or your dependents if you have previously declined/waived coverage for you and/or dependents.
[Ord. No. 477, 1-3-2023]
A. 
The standard workweek for hourly employees shall be five (5) days (Monday through Friday) for a total of forty (40) hours per week.
B. 
Supervisors should work those hours necessary to assure the satisfactory performance of their departments. Salaried employees are required to work a minimum of forty (40) hours per week. The supervisor shall not be considered an hourly employee and shall not be entitled to overtime pay under this Section unless approved by the Board of Aldermen.
C. 
No employee shall work outside the parameters of the employee's regularly set work schedule without the prior written consent of the City Administrator. This includes time before and after the open and close of City offices, along with holidays and weekends. In addition, an employee that works more than forty (40) hours in any given work week shall not be entitled to reduce their work hours as "make-up" time during any other previous or subsequent work week without the prior written approval of the City Administrator.
D. 
Employees shall begin work at a time set by management for the department that shall provide the most effective productivity for that department and shall take into consideration weather extremes. The time set shall be consistent and changed no more than three (3) times during the year.
E. 
Employees shall be expected to work an eight-hour day with a thirty (30) minute lunch approximately four (4) hours after the start of work. Should the work load not afford the thirty (30) minute break at the approximate time, then the employee shall be afforded the thirty (30) minute break at the earliest convenient time. In the case of an emergency repair, and no convenient time is available after six (6) hours have been worked due to the emergency, the employee shall be paid through the thirty (30) minute lunch break.
F. 
Any other breaks afforded the employee shall be at the discretion of the supervisor and shall be no more than fifteen (15) minutes in length and no more than twice a day.
G. 
Salaried employees, upon exhausting all work-related time benefits, including, but not limited to, sick leave and vacation time, shall not be absent for a period exceeding three (3) workdays without a valid written excuse substantiating the absences to City Administration, in the discretion of the City Administration. In the event no valid written excuse is provided to City Administration, the employee shall not receive wages or accrue benefits until such time as the employee returns to work.
H. 
Our employees are paid every two (2) weeks. Time sheets are to be submitted to your supervisor/department Monday morning before City payday on Friday. Pay is for the two (2) workweeks preceding the next payday.
[Ord. No. 477, 1-3-2023]
A. 
It shall be the duty of each employee to maintain high standards of conduct, cooperation, efficiency and economy in their work for the City. Whenever work habits, attitude, production or personal conduct of any employee falls below a desirable standard, supervisors would point out the deficiencies at the time they are observed. Corrections and suggestions should be presented in a constructive and helpful manner in an effort to elect the cooperation and good will of the employee. Whenever possible, oral and/or written warnings with sufficient time for improvement shall precede formal discipline.
B. 
We expect City of Warsaw employees to be reliable and punctual. You should report for work on time and as scheduled. If you cannot come to work or you will be late for any reason, you must notify your supervisor/department head as soon as possible.
C. 
Unplanned absences can disrupt work, inconvenience other employees, and affect productivity. If you have a poor attendance record or excessive lateness, you may be subject to disciplinary action, up to and including termination of employment.
[Ord. No. 477, 1-3-2023]
A. 
Regular full-time employees' "overtime" shall be defined as an extension of regular hours worked; however, overtime pay shall not be paid until forty (40) regular hours have been worked.
B. 
All overtime hours shall be approved prior to the employee completing the assigned work, and the department head or supervisor shall sign off on all overtime hours worked.
C. 
Law enforcement full-time employees shall have an overtime threshold of eighty (80) hours in a fourteen (14) day pay period.
[Ord. No. 477, 1-3-2023]
The City has a compensatory time policy which applies to employees in non-exempt job classifications. Compensatory time may be provided to an employee in lieu of overtime pay. Maximum number of hours of comp time that an employee may carry is forty (40) hours. Employees of the City of Warsaw are to sign a form to take compensatory time or overtime at the beginning of their employment.
[Ord. No. 477, 1-3-2023]
A. 
All employees of the City of Warsaw are to be considered to be on call in emergency situations. An employee is expected to report to work in a reasonable time period when called by his or her supervisor. Employees are to report regardless of the number of hours worked in the previous week or day.
B. 
Any employee called to respond to an emergency will be paid for a minimum of two (2) hours at the rate of pay normally associated with his/her position. This does not mean an employee will automatically receive overtime compensation.
[Ord. No. 477, 1-3-2023]
Should a non-exempt employee be required to return to work during a normal off-duty period because of an emergency or other reason, that employee shall be paid for all call-back hours worked at one and one-half (1 1/2) times the regular rate, and shall be paid for a minimum of two (2) hours. The City Administrator may allow flexible scheduling during winter events to reduce overtime compensation. Overtime will be rounded to the nearest one-quarter (1/4) hour.
[Ord. No. 477, 1-3-2023]
A. 
All full-time employees of the City shall receive normal compensation for the legal holidays listed below. Legal holidays to be observed are:
New Year's Day
January 1
Martin Luther King Jr. Day
Third Monday in January
Presidents' Day
Third Monday in February
Memorial Day
Last Monday in May
Juneteenth
June 19
Independence Day
July 4
Labor Day
First Monday in September
Veterans Day
November 11
Thanksgiving
Last Thursday in November
Friday after Thanksgiving
Day after Thanksgiving
Christmas Day
December 25
B. 
When a holiday falls on a Saturday the preceding Friday shall be observed as the holiday. When a holiday falls on a Sunday the following Monday shall be observed as the holiday.
C. 
Any full-time employee who shall be required to perform work or renders services on a regularly scheduled holiday shall receive a day off at his/her regular pay rate in lieu of the holiday missed, or at the option of the City, an employee may be compensated at the City's approved overtime rate for his/her service on the regularly schedule holiday.
D. 
Any hours over forty (40) hours that a full-time employee in the City service shall have worked, plus the hours for the holiday, shall be deemed overtime and shall be paid at time and one-half (1/2).
[Ord. No. 477, 1-3-2023]
A. 
Every employee in the City holding a full-time status position shall be allowed annual vacation leave with pay. Vacation leave shall be accumulated at the rate of one (1) day, eight (8) hours for each month of service. After ten (10) years of consecutive service to the City, the employee shall be granted an additional five (5) days of paid vacation, eleven and thirty-three hundredths (11.33) hours per month. After twenty (20) years of consecutive service to the City, the employee shall be granted another additional five (5) days of paid vacation, fourteen and sixty-six hundredths (14.66) hours per month.
B. 
Vacation leave may be taken any time following its accumulation with the consent of the employee's supervisor. Leave shall be requested in writing and approved unless in an emergency.
C. 
Vacation leave credit may be carried from one (1) year to the next. However, employees may not accumulate more than fifteen (15) days or one hundred twenty (120) hours of vacation leave.
D. 
Part-time employees shall not be eligible for vacation leave.
[Ord. No. 477, 1-3-2023]
A. 
Sick Leave.
1. 
All full-time employees in the City Service shall receive one-half (1/2) sick day, four (4) hours per month, being a total of six (6) per year. One (1) of the sick leave days each year may be used for personal business. Sick leave shall be credited to the employee at the end of each month of service.
2. 
Part-time employees shall not receive sick leave.
3. 
Employees may accumulate up to sixty (60) days of sick leave.
4. 
Employee terminating from the City shall not be allowed the use of sick leave in the last two (2) weeks of employment. Upon retirement after having served the City for a minimum of twenty (20) years, the retiring employee shall be paid for all hours accrued at his/her regular rate of pay.
5. 
Sick leave may be used for personal or immediate family related illness. An employee requesting sick leave should notify their supervisor as soon as possible. Any advance notice for routine appointments should be requested in writing to the employee supervisor.
6. 
An employee who is absent three (3) or more consecutive days due to personal or family illness is required to present a doctor's statement stating the circumstances that have made them unable to work for the full period of time and releasing them, if personally ill, to return to work with or without restrictions.
7. 
Abuse of the sick leave privilege will result in dismissal of an employee.
B. 
Military Leave.
1. 
Employees shall be entitled to a leave of absence from their respective duties, without loss of time, pay, regular leave, impairment of efficiency rating or of any other rights or benefits to which otherwise entitled, for all periods of military services during which they are engaged in the performance of duty or training in the service of this State at the call of the Governor and as ordered by the Adjutant General without regard to length of time and for all periods of military services during which they are engaged in the performance of duty in the service of the United States under competent orders for a period not to exceed a total of one hundred twenty (120) hours in any Federal fiscal year.
2. 
Any full-time employee who is drafted or called to active duty into the military service shall upon termination of his military service, be entitled to return to the City service at a level equivalent to the position held on his/her departure. This leave of absence shall not exceed the period of time necessary to complete the period of active duty that he/she has been involuntarily ordered to perform.
3. 
All full-time employees who are drafted or called to active duty into the military service shall accumulate benefit hours that would accrue during their absence at the rate provided for each benefit.
C. 
Funeral Leave. Any full-time employee may be granted up to five (5) days' leave in the event of the death of a member of his/her immediate family. Such leave shall not be deducted from either sick or vacation leave. Immediate family is defined as wife, husband, mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, grandchildren, stepmother, stepfather, brother-in-law, sister-in-law, uncle and aunt.
D. 
Jury 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 be limited to the difference between pay received from this service and the employee's regular pay.
E. 
Disability Leave. Any employee who is temporally disabled in the line of duty shall receive pay equal to the difference between the amount received from workers' compensation benefits and his/her normal pay amount for the period of his/her disability without charge against his/her vacation or sick leave, subject to the following conditions:
1. 
Provided that the disability resulted from an injury or illness sustained directly in the performance of the employee's work as provided in the State of Missouri Workers' Compensational Act.
2. 
If incapacitated for his/her regular assignment the employee may be given other duties with the City Government for the period of recuperation. Unwillingness to accept such an assignment as directed by his/her supervisor, department head or City Administrator will make the employee ineligible for disability leave during the time involved.
3. 
A physician selected or approved by the City shall determine the physical ability of the employee to continue working or to return to work.
4. 
Disability leave shall not exceed thirty (30) working days for any one (1) injury or occurrence.
F. 
Maternity Leave.
1. 
Maternity Leave. At the option of the employee requesting maternity leave without pay, the employee may elect to use this benefit, regardless of how much annual vacation or sick leave she has available to her (since pregnancy is a condition not an illness). Any portion of the time before and after delivery can be taken off in a paid-leave status (i.e., vacation or sick leave) or can be taken as leave without pay. The normal length of a maternity leave without pay is twelve (12) weeks; however, this period can be extended up to six (6) months, at the request of the employee with approval of the Board of Aldermen. Should the employee choose the without-pay option, the employee is not in a City-paid status; therefore, she earns no benefits until she returns. The employee's full-paid status, should she come back to full-time, would be exactly where it was when she left City employment.
2. 
Maternity Leave Without Pay.
a. 
Employees on maternity leave without pay may continue their active health care and insurance benefits by paying the premiums that are due on their policies, for the length of their leave.
b. 
Employees shall be guaranteed that they will receive either:
(1) 
Their old job back; or
(2) 
A position of the same classification back upon their return to full-time status.
Employees requesting maternity leave without pay status should request this benefit at least three (3) months in advance of their anticipated leave date. Additional consideration may be given to the length of the leave granted based on physician's input.
3. 
Filling Of Position. The employer may fill the position of the individual on maternity leave without pay by a part-time or temporary employee for length of the full-time employees leave. The part-time or temporary employee filling such a position will be notified that he/she will no longer have a job when the regular employee returns from leave status. Questions regarding maternity leave without pay should be directed to the Personnel Officer.
[Ord. No. 477, 1-3-2023]
A. 
Political Activities. 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 signs or billboards on employee's property.
C. 
Political Activities — Individual Activities — Penalty. Failure to comply with the requirements of Subsections (A) and (B) shall be grounds for immediate dismissal.
[Ord. No. 477, 1-3-2023]
Employees may not engage in any private business or activity while on duty. No employee shall engage in or accept private employment or render any service for private interest when such employment or service is incompatible or create a conflict of interest with his/her official duties. Any employee who accepts employment outside of service to the City must never wear any uniform or clothing bearing the City's name or provided by the City during the pursuit of said outside employment.
[Ord. No. 477, 1-3-2023]
Upon confirmation of an allegation of harassment, brutality, improper force, abuse or other improper action or improper inaction, whether threatened or occurring, the employee shall be immediately suspended by the Mayor and City Administrator without pay, pending a complete and thorough investigation of the matter and a closed hearing before the Board of Aldermen. If the allegation deemed to be false, then pay would be paid retroactive for the period of suspension.
[Ord. No. 477, 1-3-2023]
A. 
It shall be the duty of all City employees to comply with and to assist in carrying into effect the provisions of the City's personnel rules and regulations. No full-time employee shall be disciplined except for violation of established rules and regulations and such discipline shall be in accordance with procedures established by the personnel rules and regulations.
B. 
We believe it is important to make sure that all employees are treated fairly and that disciplinary actions are prompt, consistent, and impartial. The major purpose of a disciplinary action is to correct the problem, prevent it from happening again, and prepare the employee for satisfactory performance in the future.
C. 
The City of Warsaw, whenever possible, shall use progressive discipline, the progressive steps being:
1. 
Warning.
2. 
Suspension.
3. 
Removal.
D. 
Grounds For Action.
1. 
Conviction of a felony or other crime involving moral turpitude.
2. 
Acts of incompetence.
3. 
Absence without leave.
4. 
Acts of insubordination.
5. 
Intentional failure of refusal to carry out instructions.
6. 
Misappropriation, destruction, theft or conversion of City property.
7. 
Employee subsequently becomes physically or mentally unfit for the performance of his/her duties.
8. 
Acts of misconduct while on duty.
9. 
Willful disregard of orders.
10. 
Habitual tardiness and/or absenteeism.
11. 
Falsification of any information required by the City of Warsaw.
12. 
Failure to properly report accidents or personal injuries.
13. 
Neglect or carelessness resulting in damage to City property or equipment.
14. 
Repeated convictions during employment on misdemeanors and/or traffic charges.
15. 
Introduction, possession or use on City property or in City equipment of illicit drugs, intoxicating liquors or proceeding to or from work under the influence of same.
16. 
An employee has failed to pay or make reasonable provision of future payment of just debts to such an extent that such failure is detrimental to the City's reputation.
E. 
Employee Notice. A written notice shall be given to each employee stating the reason 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 disciplinary action is taken. A copy of the notice, signed by the employee or signed by the witness should the employee refuse to sign the notice, shall be placed in the employee's file as prima facie evidence of delivery.
[Ord. No. 477, 1-3-2023]
A. 
Insofar as may be possible, it is the general policy of the City to anticipate and avoid occurrences of valid complaints or grievances, including discrimination and to deal promptly with any which may arise. City of Warsaw encourages an open and frank atmosphere in which any problem, complaint, suggestion, or question receives a timely response from City of Warsaw supervisors and management.
B. 
City of Warsaw tries hard to ensure fair and honest treatment of all employees. We expect supervisors, managers, and employees to treat each other with mutual respect. We encourage employees to give positive and constructive criticism to each other.
C. 
If you disagree with City of Warsaw rules of conduct, policies, or practices, you can state your concerns through the problem resolution procedure described in this policy. You will not be penalized, formally or informally, for making a complaint as long as you do it in a reasonable, business-like manner. You will also not be penalized for using this problem resolution procedure.
D. 
If a situation occurs when you believe that a condition of employment or a decision that affects you is not fair, you are encouraged to use the following problem resolution steps. You may stop the procedure at any step.
1. 
Submit the grievance in writing to the City Clerk who shall forward a copy thereof to the City Administrator 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 for submission to the Board of Aldermen.
3. 
Mayor will submit to the Board of Aldermen for consideration at its next regular meeting. Employee, supervisor/department head and any other interested party shall have the right to be heard. The Board of Aldermen shall then take appropriate action, which may include finding that the grievance is unjustified or any other appropriate recommendation.
E. 
No employee shall be disciplined or discriminated against in any way because of his/her proper use of the grievance procedure.
[Ord. No. 477, 1-3-2023]
Performance appraisals shall be performed by all supervisors once per year for all employees. The appraisal is designed to assist employees in making improvements in their work that may be judged to be needed by their supervisor. All employees will be asked by their supervisors to sign the appraisal form after it has been discussed with the employee. This is not to say that the employee agrees with the rating or any part of it, but simply that it has been discussed with him/her and he/she is aware of its content. Performance appraisals become part of an employee's permanent work record.
[Ord. No. 477, 1-3-2023]
Employees will be paid mileage of the IRS standard mileage rate as stated yearly for the use of their personal automobile on business when approved in advance by their supervisor. Personal automobiles used for City business must have public liability and property damage insurance.
[Ord. No. 477, 1-3-2023]
A. 
City of Warsaw is banning the use of cell phones, both company-issued and personal while operating a motor vehicle or City equipment. If you need to place or receive a call, exit to a safe location, place the vehicle in park and place or receive the call accordingly. While driving, if a phone call appears imminent (emergency), ask your passenger to place or receive such call. If no passenger is present, pull off to the side of the road in a safe manner (remotely away from traffic), place the vehicle in park, apply your emergency flashers, and place or receive such calls. Use of hand-free devices will be allowed for company business only.
B. 
Remember, driving is a privilege and is your first priority. A phone call is never as important as driving safety. Regardless, of the numerous technical advances, the most important element in safe driving is the individual driver. Use good common sense when using the cellular phone and follow the above policy accordingly.
C. 
Employees are cautioned against personal use of the telephone. Personal calls are to be made or received only in case of an emergency.
[Ord. No. 477, 1-3-2023]
A. 
It is the City's policy to provide a drug-free, healthy and safe workplace in conjunction with Federal and State laws and the OSHA "general duty clause." Employees are required to report to work in a drug and alcohol-free condition and to perform their jobs in a safe and satisfactory manner. Employees will be in proper mental and physical condition while at work, or involved in work-related activities, so they will perform their job effectively, safely and without a threat to others. Being a patient under the Missouri medical cannabis law does not exempt an employee from provision or requirement of this policy. The City is a recipient under Federal grantee programs and therefore is subject to Federal regulations related to the use of illegal substances and strictly follows Federal law in this regard.
B. 
While participating in business events employees are representing the City and we expect a similar commitment to a responsible representation of the City.
[Ord. No. 477, 1-3-2023]
A. 
The purpose of this policy is to set consistent and clear-cut guidelines for the handling of substance abuse cases involving City employees. Through implementation of this policy, the City intends to provide a drug and alcohol-free environment for its employees, and thereby enhance the ability of City employees to deliver safe and efficient services to the community. It is the intent of this policy to approach substance abuse from a point of view that drug and alcohol dependencies are medical and behavioral problems which can and must be treated. In appropriate cases, disciplinary action will be taken in accordance with the provisions of this policy and other regulations. Nothing in this policy is intended nor shall be construed as a limitation on the power of the City of Warsaw to take disciplinary action under any applicable provision of the personnel policy or regulations.
B. 
If you violate this policy, it may lead to disciplinary action, up to and including immediate termination of your employment. We may also require that you participate in a substance abuse rehabilitation or treatment program. If you violate this policy, there could also be legal consequences.
C. 
If you have questions about this policy or issues related to drug or alcohol use at work, you can raise your concerns with your supervisor or the City Clerk's office without fear of reprisal.
[Ord. No. 477, 1-3-2023]
A. 
To maintain a safe work environment the City reserves the right to require employees to undergo drug and/or alcohol testing under certain conditions, including, but not limited to:
1. 
New hires are required to pass a post employee drug test.
2. 
A random testing program the specifics of which have been defined by the City and covers employees.
3. 
Post-Accident. Testing is mandatory after an on-the-job accident that results in property damage or an employee requiring medical attention.
B. 
The safety of the employee and co-workers is too important to permit violations of this policy and for that reason zero-tolerance is the policy.
[Ord. No. 477, 1-3-2023]
A. 
A smoking area may be designed outside of each City building. Designed smoking areas must be physically separated from work area and areas of public access and building entrances and exits and situated so that smoke does not intrude into such areas. Where it is not possible to identify an appropriate area, the rights of non-smokers prevail and a smoking area will not be designated.
B. 
Smoking is not allowed in City-owned vehicles.
[Ord. No. 477, 1-3-2023]
All applicants, employees and other compensated positions seeking to engage in working for the City shall be required to submit to a criminal background check.
[Ord. No. 477, 1-3-2023]
A. 
Recreation maintenance employees may wear shorts under the following guidelines:
1. 
From April 15 to October 15 as weather permits.
2. 
Shorts shall not be worn while operating weed eater, chain saws, spraying chemicals, working in thick brush or pouring concrete. It will be required that an employee have a pair of long pants available at all time should work be assigned as stated.
3. 
Employees shall only be allowed to wear khaki (light tan to brown) colored shorts that are between mid-thigh and mid-calf in length.
4. 
Employees shall not be reimbursed for the cost of shorts.
B. 
All maintenance employees may wear authorized safety colored t-shirts:
1. 
From April 15 to October 15 as weather permits.
2. 
City shall purchase five (5) T-shirts with logo per employee requesting them no more than once a year.
3. 
City-purchased T-shirts may not be worn other than at work.
[Ord. No. 477, 1-3-2023]
A. 
All current and future employees of the City of Warsaw shall be provided with a copy of the City of Warsaw Employee Seat Belt Usage Policy, shall acknowledge by their signature that they have received a copy of said. Signed copy shall remain in the employee's personnel file.
B. 
All employees of the City of Warsaw must wear seat belts when operating a company-owned vehicle, or any vehicle on company premises or on company business. All occupants are to wear seat belts or, where appropriate, child restraints when riding in a company-owned vehicle or in a personal vehicle being used for company business.
C. 
Failure to abide by this policy could result in disciplinary action or, in the event of an injury, a reduction in workers' compensation benefits.
[Ord. No. 477, 1-3-2023]
A. 
The City has established a use of social media policy that will continue to provide employees with a safe and effective workplace. The City encourages full utilization of current technology to improve communication, maximize efficiency, and better serve our internal and external needs and the needs of our residents. 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 employees 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 use of social network sites becomes a problem when, in the sole discretion of the City, it interferes with the employee's work, is use to harass or discriminate against co-workers, 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 employees' 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 they should check with their supervisors or department head.
1. 
Employees shall not post any comment or picture involving another employee, councilmember, patron, citizen, or volunteer of the City on the job or at City-sponsored functions without the City's expressed written consent.
2. 
Employees whose affiliation with the City is evident should mention that the remarks made on the web only reflect their 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 matters, even if he/she mentions that his/her views are his/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 subjected 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, non-discrimination, etc.
7. 
City logo may not be used on the web without prior written permission from the City.