City of Berkeley, MO Article IV Miscellaneous

Section 130.040 Disallowing Officials and Employees the Use of City-Owned Property.

[Ord. No. 3702 §§1 — 2, 10-16-2006]

A. No official or employee shall use or permit the use of any City property, services, personnel, labor or other thing of value for personal gain or for any purpose other than the official business of the City.

B. Any person violating this provision shall be deemed to have violated this policy and shall forfeit his/her position with the City.

Section 130.045 City Has Proprietary Interest In Electronic Systems And Work Product.

[Ord. No. 4397, 7-17-2017]

A. The City of Berkeley retains exclusive ownership and/or a proprietary interest in all its electronic systems, data, domains, and hardware, including but not limited to IP addresses, phone systems, email and internet services, website, and wireless service accounts.

B. The City of Berkeley retains exclusive ownership and/or a proprietary interest in all service accounts in the name of the City or any authorized account created for the benefit of the City but is in the name of a current or former employee.

C. The City of Berkeley retains ownership and/or a proprietary interest in the work product of any employee or contractor, acting in their capacity as an employee or contractor on behalf of the City.

Section 130.050 Limiting the Number of Garnishments an Employee Is Allowed.

[Ord. No. 4056 §§1 — 2, 6-18-2012]

A. It shall be the policy of the City of Berkeley, Missouri that any employee who has in excess of two (2) garnishments on their wages shall be subject to discharge/termination.

B. Any current garnishments that are in excess of the limitation of this Section shall not be counted. "Current" shall mean existing on the date of the passage of this Section.

C. The processing fee for each new and current garnishment shall be at a cost to the employee at each payroll processing.

[Ord. No. 4710, 5-16-2022]

Section 130.060 Criminal Record Review Process.

[Ord. No. 4072 §§1 — 5, 10-1-2012]

A. City Of Berkeley Background Policy For Applicants Under Final Consideration For Employment. This Section is enacted pursuant to Chapter 43, Section 43.535 RSMo. to regulate the employment of Firefighters, Professional, Labor and Trades and Administrative Support positions including any current or future job classifications recognized by the City.

B. An applicant or employee seeking to engage in employment or seeking a promotion for any employment other than Police shall submit, if required, two (2) sets of his/her fingerprints taken by the Berkeley Police Department to the Missouri State Highway Patrol, Criminal Justice Information Services (CJIS) Division, along with the appropriate fees.

C. Upon receipt of the fingerprints and the appropriate fees, the City of Berkeley will transmit both sets of fingerprints and appropriate fees (unless a satisfactory billing arrangement has been entered into between the City of Berkeley and the Missouri State Highway Patrol, CJIS Division) to the Missouri State Highway Patrol, CJIS Division. The Missouri State Highway Patrol, CJIS Division will compare the subject's fingerprints against its criminal file; and

1. If no disqualifying conduct is found therein; or

2. If necessary, submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Federal Bureau of Investigation check will be returned to the Missouri State Highway Patrol CJIS Division which will disseminate the State and national results to the City of Berkeley.

D. The City of Berkeley shall:

1. Render a fitness determination based upon the results of the criminal background check. In rendering a fitness determination, the City of Berkeley will decide whether the record subject has been convicted of, or is under pending indictment for:

a. A crime which bears upon his/her ability or fitness to serve in that capacity;

b. Any felony or a misdemeanor which involved force or threat of force, controlled substances, or was a sex-related offense; or

c. Enumerated disqualifiers.

E. A record subject may request and receive a copy of his/her criminal history record information from the City of Berkeley. Should the record subject seek to amend or correct his/her record, he/she must contact the Missouri State Highway Patrol, CJIS Division for a Missouri State record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file.

Section 130.070 Setting Maximum Compensation Range.

[Ord. No. 4150 §§1 — 3, 6-23-2014]

A. The City Manager of the City of Berkeley shall maintain an annual salary of ten thousand dollars ($10,000) greater than the department heads.

B. If the annual salary of a department head is less than ten thousand dollars ($10,000) difference of the City Manager's salary, a pay increase will be prohibited.

C. If the annual salary of a department manager is less than five thousand dollars ($5,000) difference of the department head, a pay increase will be prohibited.

Section 130.080 Compensation Policy for Full-Time Employees Who Reside in City.

[Ord. No. 4257 §§1 — 4, 6, 12-21-2015; Ord. No. 4264 §§1 — 4, 6, 2-15-2016[1]]

A. To encourage the efficient operation of the City of Berkeley government, in addition to the base compensation a full-time employee will receive one thousand dollars ($1000.00) a year for rental and three thousand dollars ($3000.00) a year for home owner. The amount will be prorated for the actual months of residency, annually. The Inspections Department will be authorized to verify the residency requirement.

[Ord. No. 4531, 4-1-2019]

B. (Reserved)[2]

[2] Editor's Note: Former Subsection (B), regarding residency incentive qualifications was repealed 4-1-2019 by Ord. No. 4531 as evidenced by a strike-out version of that ordinance as provided by the City.

C. In order for the employee to qualify for this incentive, the employee must have resided in the City twelve (12) consecutive months prior to the end of any fiscal year. The employee must maintain a valid occupancy permit at all times.

D. The Council shall be empowered to exercise its discretion in awarding this incentive based on the financial condition of the City.

[1] Editor's Note: Section 6 of this ordinance provided an effective date of 7-1-2016.

Section 130.090 Use of Personal Space Heaters in Workplace.

[Ord. No. 4266 §§1 — 5, 2-15-2016]

A. Definitions. As used in this Section, the following terms shall have the meanings indicated:

EMPLOYEE

A person employed for wages and salaries, including all part-time, full-time, seasonal, hourly, and salaried.

SPACE HEATER

A self-contained device for heating an enclosed area.

WORKPLACE

Shall mean all City-owned facilities.

B. Scope. This Section applies to the use of portable space heaters in indoor settings (offices, cubicles, lobbies, break areas, etc.) within City of Berkeley buildings (City Hall, Police Station and Fire Station) or other buildings used by Berkeley employees. This Section is meant to prohibit the use of portable indoor space heaters. The Fire Chief, Public Works Director, or designee restricts the use of portable indoor space heaters per local fire code and this Section. Space heaters found in the workplace will be confiscated.

C. Energy-Efficient Buildings. City Hall, Fire Station 1, and the future Police Station (8340 Frost) are all energy-efficient designed buildings, set with a target temperature. The use of personal space heaters causes defects, breakdown, and circuit surges in the building systems, causing costly repairs and expenses to the City.

D. Target Temperature Not Maintained. If the central building heat system in City-owned facilities are unable to maintain a target work temperature, it may be determined that it is necessary to allow a personal space heater for temporary, supplemental heat until the comfort concern can be permanently resolved. The Fire Chief shall designate a person or department with the authority to handle other circumstances that may require the temporary use of portable indoor space heaters. When heaters are used in confined spaces, special care shall be taken to provide sufficient ventilation in order to ensure proper combustion, maintain the health and safety of employees, and limit temperature rise in the area.

E. Employee Violating. Any employee violating this Section shall be disciplined in accordance to the City's Human Resource Policy under progressive discipline.

Section 130.100 (Reserved) [1]

[1] Editor’s Note: Former Section 130.100, Residency Requirement for New Full-Time Employees, adopted 10-3-2016 by Ord. No. 4327 §§ 1 — 3, was repealed 5-15-2017 by Ord. No. 4383 § 1.