City of Marshfield, MO Article I Generally

Section 100.010 City Seal.

[R.O. 2014 §100.010; Ord. No. 2 §1, 12-20-1951]

The Seal now in possession of the City Clerk of said City and having around its margin the words "City of Marshfield, Missouri" and on the face thereof a device consisting of the figure of a rising sun with the word "SEAL" inscribed across the face thereof, is hereby declared to be the official Seal of the City of Marshfield.

Section 100.020 Federal Old-Age and Survivors Insurance.

[R.O. 2014 §100.020; Ord. No. 32 §§1 — 5, 9-16-1952]

A. It is hereby declared to be the policy and purpose of the City of Marshfield, to extend, at the earliest date, to all eligible employees and officials of said City who are not excluded by law or by this Section, and whether employed in connection with a governmental or proprietary function of said City, the benefits of the system of Federal Old-Age and Survivors Insurance as authorized by the Social Security Act, and by Sections 105.300 to 105.445, inclusive, RSMo., and amendments thereof, as the same may be now and hereafter in effect.

B. The Mayor and City Clerk of the City of Marshfield, are hereby authorized and directed, on behalf of this City, to prepare, execute and submit to the Office of Administration, Division of Accounting of the State of Missouri, as State Agency of the State of Missouri, a plan and agreement for extending said benefits to said eligible employees and officials of the City of Marshfield, in the form prepared by the State Agency and hereby approved and adopted by the Board of Aldermen of this City, which plan and agreement are to become effective upon approval thereof by the State Agency, and are further authorized and directed to execute agreements and modifications and amendments thereof with said State Agency, providing for the extension of said benefits to said employees and officials as set forth in said plan and agreement, as provided for in Subsection (A) hereof, said plan and agreement to provide that said extension or benefits is to be effective on October 1, 1952.

C. Commencing on the first (1st) day of the month following the date of the approval of the plan and agreement of this City by the State Agency, there shall be deducted from the wages of all employees and officials of the City of Marshfield, to whom the benefits of said system of Federal Old-Age and Survivors Insurance are extended, by virtue of the plan and agreement hereinbefore provided for, the amount of each of said employees' and officials' contributions, as determined by the applicable State and Federal laws and by said plan and agreement, the aggregate amount of said deductions to be paid into the Contributions Fund created by Sections 105.300 to 105.445, RSMo.

D. Commencing on the first (1st) day of the month following the date of the approval of the plan and agreement of this City by the State Agency, there is hereby authorized to be appropriated from the General Fund of the City of Marshfield, and there is, and shall be, appropriated, the sum or sums of money necessary to pay the contributions of the City of Marshfield, which shall be due and payable by virtue of the extension of the benefits of the Federal Old-Age and Survivors Insurance System to the eligible employees and officials of said City, said sum or sums of money to be paid into the Contributions Fund created by Sections 105.300 to 105.445, RSMo. The Fund from which said appropriation is made will, at all times, be sufficient to pay the contributions of the City by this Section directed to be paid to said Contributions Fund.

E. The City of Marshfield, from and after the approval of the plan and agreement of this City by the State Agency, shall fully comply with, and shall keep such records, make such reports and provide such methods of administration of said plan and agreement as may be required by all applicable State and Federal laws, rules and regulations, now and hereafter in effect with respect to the benefits of the Federal Old-Age and Survivors Insurance System to the employees and officials of this City. For the purpose of administering said plan and agreement on behalf of this City, and any and all notices and communications from State Agency to this City with respect to said plan and agreement shall be addressed to "City Clerk, Marshfield, Missouri".

Section 100.030 Retirement Plan For Employees.

[R.O. 2014 §100.030; Ord. No. 566 §§1 — 8, 12-14-1989; Ord. No. 797 §1, 2-27-1997; Ord. No. 939 §1, 1-25-2001; Ord. No. 1249, 1-11-2007]

A. All employees declared to be eligible, who have one thousand five hundred (1,500) or more hours of annual employment, shall be covered under Benefit Program L-6 of the Missouri Local Government Employees Retirement System.

B. "Final Average Salary" for each employee is the monthly average of the compensations paid an employee during the period of sixty (60) or, if an election has been made in accordance with Section 70.656, RSMo., thirty-six (36) consecutive months of credited service producing the highest monthly average, which period is contained within the period of one hundred twenty (120) consecutive months of credited service immediately preceding his/her termination of membership. Should a member have less than sixty (60) or, if an election has been made in accordance with Section 70.656, RSMo., thirty-six (36) months of credited service. "Final average salary" means the monthly average of compensation paid the member during his/her total months of credited service.

C. One hundred percent (100%) of all prior employment shall be considered for prior service crediting computed employees benefits and contributions to the system.

D. Four percent (4%) of gross salary and wages as contributions to the system shall be required from eligible employees.

E. The Benefit Program of member employees shall commence upon attaining the minimum service retirement age.

F. The City Clerk is directed to deduct from the wages and salaries of each employee member, the member contributions, if any, required by Section 70.705, RSMo., and to remit the deductions to the Retirement System, together with the employer contributions required by Sections 70.705 and 70.750, RSMo.

G. Remittances and other required reports and records shall be forwarded to the Retirement System in accordance with administrative guidelines established by officials of the Retirement System.

H. Contributions are to be effective from January 1, 1990.

Section 100.040 Grievance Procedure For Qualified Individuals With Disabilities.

[R.O. 2014 §100.040; Ord. No. 657 §§1.01 — 1.08, 9-9-1993]

A. Purpose.

1. This document establishes the grievance procedure required by 56 Fed. Reg. 35,718 (1991) (codified at 28 CFR 35.107) pursuant to Title II of the Americans With Disabilities Act of 1990 (ADA) (42 USC 12131 et seq.) for the purpose of resolving grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the City's designated ADA coordinator, the City Clerk of the City of Marshfield, Missouri.

2. In general, ADA requires that each program, service and activity offered by the City of Marshfield, Missouri, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

3. It is the intention of the City to foster open communication with all individuals requesting readily accessible programs, services and activities. The City encourages supervisors of programs, services and activities to respond to requests for modifications or accommodations before they become grievances.

B. Definitions. The following words, when used in this Section, shall have the meanings set out herein:

COMPLAINANT

A qualified individual with a disability who files a grievance as set out in this procedure.

DESIGNATED COORDINATOR

The person appointed by the City who is responsible for the coordination of the efforts of the City to comply with and carry out its responsibilities under Title II of ADA, including the investigation of grievances filed by complainants. The designated coordinator is the City Clerk and can be contacted at Marshfield City Hall, 798 South Marshall Street, Marshfield, Missouri 65706.

GRIEVANCE

Any complaint under ADA by an individual with a disability who:

1. Meets the essential eligibility requirements for participation in or receipt of the benefits of a program, service, or activity offered by the City, and

2. Believes that he/she has been excluded from participation in, or denied the benefits of any program, service or activity of the City or has been subject to discrimination by the City, on the basis of disability.

QUALIFIED INDIVIDUAL WITH A DISABILITY

A person with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City.

C. Grievances.

1. The City will endeavor to respond to and resolve grievances without the need to resort to the form grievance procedure established by this policy. A person who wishes to avail himself/ herself of the formal procedure, however, may do so only by filing a grievance within one hundred eighty (180) calendar days of the alleged discrimination in the form and manner prescribed in Subsection (D).

2. The City shall provide a copy of the grievance procedure and the required grievance form to anyone who requests it or expresses a desire to file a formal grievance.

D. Manner Of Filing.

1. The filing of a grievance is accomplished by the complainant's submission of grievance in writing to the designated coordinator on the prescribed form (such form shall be on file in the City offices).

2. In order to be deemed filed and to receive proper consideration by the designated coordinator, the grievance form must be completed in full except as otherwise indicated on the form. The designated coordinator will notify the complainant within ten (10) business days after receipt of the form if the filing is not complete. The City will assist with completion of the grievance form upon request.

E. Initial Response. The designated coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The designated coordinator shall provide a written response to the complainant and the City within ten (10) business days after receipt of the properly completed grievance form.

F. Review.

1. If the grievance has not been resolved by the designated coordinator to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and the designated coordinator's response to the City Administrator for final review. The complainant shall submit these documents to the City Administrator together with a short written statement explaining the reason(s) for dissatisfaction with the designated coordinator's written response, within five (5) business days after the complainant's receipt of the designated coordinator's response. The City Administrator will extend the period for submitting the review request and supporting documents for up to ten (10) additional business days upon complainant's request.

2. The City Administrator shall appoint a three (3) member panel to review the grievance. One (1) member so appointed shall be designated as the chairperson.

3. The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the designated coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

4. The panel shall make recommendations in writing to the City Administrator as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the panel. The complainant may also make a signed, written recommendation to the City Administrator.

5. Upon receipt of the recommendations from the panel, the City Administrator shall approve, disapprove or modify the panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The City Administrator's decision shall be final. If the City Administrator disapproves or modifies the panel's recommendations, the City Administrator shall include written reasons for such disapproval or modification.

6. A complainant's failure to appeal the designated coordinator's response for review by the City Administrator within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given by the designated coordinator.

G. Accessibility. The City shall insure that all stages of the grievances procedure are readily accessible to and usable by individuals with disabilities.

H. Case-By-Case Resolution. Each grievance involves a unique set of factors which include but are not limited to: the specific nature of the disability; the essential eligibility requirements for, the benefits to be derived from, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship to the City. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.