City of Warsaw, MO
Benton County
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Table of Contents
Table of Contents
[Ord. No. 194 §1, 7-20-2015]
A. 
The City of Warsaw, Missouri, remains committed to the policy of non-discrimination and equal employment and to the continued expansion of positive programs that shall assure the strengthening of this policy. The City of Warsaw, Missouri, adheres to the policy of providing equal employment opportunity without regard to race, color, creed, religion, national origin, sex or age. The City shall take affirmative action to provide equal opportunity in all personnel activities administered by the City.
B. 
The objective of this policy shall be to reaffirm the City's policy that all appointments, promotions, transfers, recruitment, job assignments, training, compensation, benefits, etc., be conducted on the basis of an individual's qualifications without regard to race, creed, color, national origin, religion, sex or age.
[Ord. No. 194 §1, 7-20-2015]
A. 
Objective. The objective of the City of Warsaw Sexual Harassment Policy is to define sexual harassment, prevent sexual harassment from occurring, train employees concerning sexual harassment, provide investigative procedures, establish disciplinary guidelines and ensure sexual harassment victims return to a safe and positive work environment after an investigation. A copy of this policy will be available for review during normal work hours in the office of the City Clerk.
B. 
Background And Types of Sexual Harassment.
1. 
Sexual harassment is considered a form of sexual discrimination by Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunities Commission (EEOC) enforces this act and has mandated that all companies (including the City of Warsaw) have a legal responsibility to provide their employees with a harassment-free workplace. The City of Warsaw takes this responsibility very seriously and has created this policy to help ensure a workplace for our employees that is harassment free.
2. 
Sexual harassment victims can be female or male, and harassment can occur between individuals of the opposite sex or between individuals of the same sex. While sexual harassment most often takes place in situations where there is a difference in authority or power, other forms of sexual harassment do occur. The City of Warsaw recognizes the following types of sexual harassment.
a. 
Quid pro quo. Quid pro quo harassment occurs when sexual advances are demanded of an employee in exchange for some employment benefit such as pay increases, promotion, hiring, or continued employment. This type of behavior, if proven true, will be considered sexual harassment on the first occurrence by the City of Warsaw.
b. 
Hostile work environment. An intimidating or hostile work environment is considered sexual harassment when employees are subjected to behavior of a sexual nature or that could be considered as such by a reasonable person. While this behavior will not always constitute sexual harassment on the first occurrence, the City of Warsaw will not tolerate such behavior.
C. 
Sexual Harassment Definition.
1. 
For the purpose of this policy, "sexual harassment" is defined as any threatening or unwelcome attention, either verbal or physical behavior of a sexual nature, in the workplace that a reasonable person would interpret as harassment of a sexual nature, when:
a. 
Submission to such conduct is made or threatened to be made explicitly or implicitly a term or condition of employment.
b. 
Submission to or rejection of such conduct is used or threatened to be used as a basis for an employment decision.
c. 
Such conduct has the purpose or effect of interfering with an individual's work performance or of creating a hostile or intimidating work environment.
2. 
Behavior that may be considered evidence of sexual harassment includes, but is not limited to, the following:
a. 
Staring or leering in a suggestive manner.
b. 
Making offensive remarks about someone's looks, clothing and/or body.
c. 
Touching, pinching, patting and brushing against someone in a manner that creates an uncomfortable feeling.
d. 
Telling sexual or offensive jokes or making sexual gestures.
e. 
Displaying sexually related material such as posters or calendars.
f. 
Sending sexually related material via e-mail, letters or notes.
D. 
Additional Definitions. The following definitions will be used by the City of Warsaw and the Warsaw Chief of Police for the purpose of this policy and any actions brought about from an alleged incident:
ALLEGED HARASSER
The person accused of violating this policy.
ALLEGED VICTIM
A person who allegedly has been harassed in violation of this policy.
COMPLAINANT
The person who brings a complaint of violation of this policy. This person may be the alleged victim, a coworker, or other persons.
INVESTIGATOR
The person assigned the responsibilities of conducting/leading an investigation of alleged sexual harassment.
1. 
Allegations that provide factual details such as, but not limited to:
a. 
Time.
b. 
Place.
c. 
Actions.
d. 
Participants.
e. 
Witnesses.
2. 
Allegations do not have to be based on first-hand observation of events to be specific and credible, but direct observation usually provides better details than indirect knowledge.
E. 
Prevention. Prevention is the best tool to eliminate sexual harassment in the workplace. The City of Warsaw is committed to providing a harassment-free workplace for all employees. The City of Warsaw strictly forbids sexual harassment under this policy. The following guidelines are expected to be adhered to by all employees:
1. 
Avoid any type of sexual behavior in the workplace.
2. 
Do not hang, post, or bring to work any pornographic material. This would include posters, pictures, magazines, cartoons, letters, books or other such items.
3. 
Keep conversations clean. Avoid vulgar language, talk about sex, explicit jokes, sexual innuendos, sexist remarks, commenting on coworkers' appearances and cuss words in your conversations.
4. 
Keep your actions above reproach. Websites and e-mails you view should be clean. Offensive hand gestures should not be made even if between friends. Don't look at a coworker in an inappropriate manner.
5. 
Avoid all physical contact. There should never be any pinching, patting or fondling. Other contact such as hugging, rubbing, brushing, touching or kissing should also be avoided.
6. 
Avoid romantic relationships at work. Affectionate behaviors between employees may be offensive to others and could be construed as sexual harassment if it occurs frequently.
7. 
Company dress code must be followed by all employees. View the policy in the Human Resource Department.
F. 
Sexual Harassment Complaint.
1. 
In determining whether alleged conduct is sexual harassment, the investigative team [a three-member team which consists of the Warsaw Chief of Police, Warsaw City Clerk and one (1) Warsaw City Council member] will consider all available evidence and the circumstances and context under which the alleged incident occurred. Although repeated incidents generally create a stronger claim of sexual harassment, a single serious incident can be sufficient. The City of Warsaw treats each incident confidentially on a case-by-case basis, ensures everyone's privacy is protected and ensures that employees will also be treated lawfully.
2. 
Sexual harassment could be perpetrated by immediate supervisors, agents of the employer, supervisors in other areas, coworkers, or non-employees. A complaint that this policy has been violated may be made through the office of the Warsaw City Clerk or the Warsaw Chief of Police. Complaints must State specific and credible allegations to warrant an investigation. The complainant generally has only one hundred eighty (180) days after the alleged incident to file a complaint. It may become more difficult to prove the allegations after significant time has passed and, therefore, prompt reporting is encouraged.
3. 
When deciding whether to investigate a complaint, the City of Warsaw will consider the desires of the victim, but may initiate an investigation without the victim's consent if circumstances warrant such actions.
G. 
Complaint Procedures.
1. 
If an employee feels victimized, he/she should take quick action to get the problem resolved. The City of Warsaw has developed the following procedures to be used in handling an alleged sexual harassment case:
a. 
The employee should record all information about the incident as soon as possible. Record the date, time, who was involved, names of any witnesses, and full details of the alleged harassment.
b. 
The alleged victim should inform the alleged harasser that he/she was offended and that he/she expects the behavior to stop immediately. Many times this will correct the situation, especially if the behavior was unintentional.
c. 
If, after the alleged harasser is told of the offending behavior, the alleged victim feels the situation is resolved, no further action is necessary. However, all documentation of the incident should be kept in case any future incidents happen.
2. 
If not satisfied with the alleged harasser's actions or another incident occurs, the alleged victim should report to the Warsaw Chief of Police or the Warsaw City Clerk within three (3) business days. A copy of the written documentation should also be provided at this time.
a. 
The City of Warsaw will initiate an investigation immediately. The investigative team will conduct an interview with the alleged victim within three (3) business days. All details will be discussed, and written documentation will be verified against the alleged victim's statements. The Warsaw Chief of Police will also interview the complainant (if different than the alleged victim), the alleged harasser, and other persons who might have valuable knowledge of the incident. Names and information will be kept confidential as much as possible during this process.
b. 
The investigative team will gather as much additional information as possible to help with the final determination of the case. Such information as time sheets, e-mails, expense reports, performance appraisals and disciplinary records will be used to help understand the context of the incident.
H. 
Documentation.
1. 
After conducting interviews and reviewing all information, a decision will be made by the investigative team. A written finding will be issued within three (3) business days of when the complaint was filed. Both the alleged victim and alleged harasser will receive a copy of the findings. Third-party complainants will only be notified that the investigation is concluded.
2. 
The complaint will be determined to be one (1) of the following:
a. 
Conclusive: the incident was sexual harassment.
b. 
Groundless: the incident was not sexual harassment.
c. 
Inconclusive: the evidence was conflicting, no eyewitnesses were able to support the complaint and/or there was insufficient evidence to prove that harassment occurred.
I. 
Resolution. If sexual harassment is shown to have occurred, disciplinary action should be proportional to the seriousness of the incident. Disciplinary actions for violations of this policy should be commensurate with the nature of the violation and the harasser's disciplinary history. Disciplinary action may lead up to and include termination of employment. The City of Warsaw believes that those who violate this policy should be responsible for their actions regardless of contributing factors such as substance abuse, emotional stress or personal problems. Disciplinary action may also include required counseling, community service, financial restitution, educational classes and/or other actions as determined by the investigative team.
1. 
If the complaint proves to be unfounded or inconclusive, all parties will be reminded of the City of Warsaw's policy on sexual harassment and warned of the consequences of violating the policy. A follow-up investigation might be necessary to ensure all details and evidence pertaining to the incident were uncovered. The investigative team will determine the need for an additional investigation.
J. 
Return To Work: Alleged Victim, Complainants And Others.
1. 
The alleged victim, complainant and others should expect to return to a positive, harassment-free work area. Retaliation from the alleged harasser, coworkers or the company will not be tolerated.
2. 
The alleged victim will be made aware of all procedures and protective measures taken during the investigation.
3. 
Throughout the investigation procedures, resolution period and afterwards, any and all appropriate measures will be taken to protect the alleged victim, complainant and others from harm caused by the alleged harasser's behavior.
K. 
Return To Work: Alleged Harasser.
1. 
This policy cannot be used to bring false charges. Anyone filing a false complaint under this policy will be subject to disciplinary action up to and including termination of employment.
2. 
If the complaint is determined to be unfounded, all necessary steps will be taken to ensure the alleged harasser's reputation is restored and that he/she returns to a positive, harassment-free work area.
L. 
Conclusion.
1. 
This policy will be reviewed and revised as needed and is subject to review and revision at any other time as deemed necessary by the Warsaw Chief of Police, the investigative team and the Human Resource Department.
2. 
Anyone wishing to discuss this policy, a specific incident, or other matters concerning this policy can contact the Warsaw Chief of Police, the Warsaw City Clerk or his/her area supervisor. All discussions will be strictly confidential.
[Ord. No. 194 §1, 7-20-2015]
A. 
The City of Warsaw, Missouri, subscribes to and adheres to the Americans With Disabilities Act of 1991. Job descriptions will be maintained to set forth the nature of the work expected of City employees. Employees and applicants shall not be discriminated against on the basis of a disability and reasonable accommodations shall be made for those with a disability or who represent, otherwise, the qualified candidate for a job. The Board of Aldermen of the City of Warsaw, Missouri, advises all departments of the City that neither the City as a whole nor may any specific department of the City Government discriminate against a qualified individual with a disability because of the disability in regard to job application, procedures, hiring, advancement or discharge. All job criteria must be clearly job related. Pre-employment inquires concerning disabilities will not be made on the basis of a disability but will be made only on the basis of an applicant's ability to perform clearly job-related functions. Any medical examinations will be made or required after an offer of employment has been made and prior to the commencement of the employment duties and then such information will be kept separate and confidential.
B. 
Any government official inquiring about the City's compliance with the Americans With Disabilities Act will be provided that information and any other relevant information related to the Americans With Disabilities Act as requested.
C. 
The City of Warsaw will keep its job descriptions on file and those will be considered evidence of the essential functions of the job for which an applicant may be making an application.
D. 
The ADA Transition Plan as presented to the Board of Aldermen at the regular meeting of July 21, 2003, was formally adopted by the minutes on that day. The grievance procedure, established herewith and on file in the City offices, shall be used to examine all allegations of alleged discrimination.
[Ord. No. 194 §1, 7-20-2015]
Every employee in the City service shall be required to comply with the City's Alcohol and Controlled Substance Policy. The policy is on file in the City offices and a part of this employee manual. Revisions of this policy may occur from time to time and employees shall be notified of any changes with written copies made available for placement in their personal copy of the personnel manual.
[Ord. No. 194 §1, 7-20-2015]
A. 
It is the policy of the City of Warsaw to provide safe, dependable and economical services to its citizens and to provide safe working conditions for its employees and to comply with the requirements of Federal law and regulations related to the Drug Free Work Place Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. It is also the policy of the City of Warsaw to provide healthy, satisfying, working environments for its employees.
B. 
To meet these goals, it is the policy of the City of Warsaw to insure that its employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner; to create a workplace environment free from the adverse effects of alcohol and controlled substance abuse or misuse; to prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol and controlled substances; and to encourage employees to seek professional assistance when personal problems, including alcohol and controlled substance dependency, adversely affect their ability to perform assigned duties.
C. 
The purpose of this policy is to assure worker fitness for duty and to protect employees and the public from the risks posed by the use of alcohol and controlled substances. It is also the purpose of this policy to comply with all applicable Federal and State regulations governing workplace alcohol and controlled substance abuse programs mandated under the above-noted acts. Safety- sensitive positions as defined by the State and Federal Acts mandate urine drug testing and breathalyzer alcohol tests and prevent performance of safety-sensitive functions when there is a positive test result. The Federal law has also established standards for collection and testing of urine and breath specimens, the reporting of certain drug-related offenses, protective measures for certain employees tested, for preservation of confidentiality and for certain reporting.
[Ord. No. 194 §1, 7-20-2015]
As used in this Section, the following terms shall have these prescribed meanings:
DESIGNATED SMOKING AREAS
A smoking area may be designated outside of each City building. Designated smoking areas must be physically separated from work areas 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.
1. 
City Administrator. The City Administrator is responsible for ensuring that this policy is enforced and reviewed annually for effectiveness.
2. 
Communication. The City Administrator is responsible for informing all employees of the smoking policy and location of designated smoking areas. The City Administrator will also provide educational information and programs about the effects of smoking.
3. 
Department Directors. Department directors are responsible for designating a smoking area outside their building, if appropriate. Where more than one (1) department shares a building, the department directors involved will make a determination by consensus. Department directors are also responsible for ensuring that the smoking policy is enforced within their department.
4. 
Facilities. The City Administrator is responsible for posting signs identifying areas as smoking or non-smoking in all City buildings.
SMOKING IN VEHICLES
Smoking is not allowed in City-owned vehicles.
[Ord. No. 194 §1, 7-20-2015]
A. 
This Section is enacted pursuant to Section 43.535, RSMo., to regulate the employment of those hired by the City of Warsaw, Missouri.
B. 
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. The City of Warsaw shall render a fitness determination based upon the results of the criminal background check. In rendering a fitness determination, the City of Warsaw will decide whether the record subject has been convicted of or is under pending indictment for a crime which bears upon his/her ability or fitness to serve in the capacity for which he/she has applied; any felony or misdemeanor which involved force or threat of force, controlled substances or was a sex-related offense; or enumerated disqualifiers.
C. 
A record subject may request and receive a copy of his/her criminal history record information from the City of Warsaw.
[Ord. No. 194 §1, 7-20-2015]
A. 
The Board of Aldermen of the City of Warsaw, an employer under the Missouri Local Government Employees Retirement System (LAGERS), hereby elects the following:
1. 
To adopt a change in the contributions from covered employees, changing to the requirement of no contributions from covered employees in accordance with the provisions of Sections 70.705 and 70.730, RSMo. (2004).
2. 
To adopt no change in the method of determining a member's final average salary, keeping a sixty (60) consecutive month period for determine a member's monthly salary in accordance with Sections 70.600 and 70.656, RSMo. (2004).
3. 
To adopt a change in the benefit program of covered employees, changing to Benefit Program L-7 in accordance with Section 70.655, RSMo.
4. 
To adopt no change in the retirement age provisions of covered employees, keeping member employees option of retirement "upon attainting minimum service retirement age" in accordance with Sections 70.600, 70.645 and 70.646, RSMo. (2004).
[Ord. No. 194 §1, 7-20-2015]
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.
3. 
It will be required that an employee have a pair of long pants available at all times should work be assigned as in Subsection (A)(2) above.
4. 
Employees shall only be allowed to wear khaki (light tan to brown) colored shorts that are between mid-thigh and mid-calf in length.
5. 
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. 194 §1, 7-20-2015]
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[1] shall acknowledge by their signature that they have received a copy of said policy, and said signed copy shall remain in the employee's personnel file.
[1]
Editor's Note: Said policy is on file in the City offices and is incorporated herein by reference.
[Ord. No. 194 §1, 7-20-2015]
A. 
The City 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 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 positing they should check with their supervisor 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 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, non-discrimination, etc.
7. 
The City logo may not be used on the web without prior written permission from the City.
[Ord. No. 280 §§ 1 — 2, 3-20-2017]
A. 
The framework and structure for safety concerns are to be managed like any other function of government through planning, organization, leadership, control and communication.
B. 
The attached employee safety manual, which is held on file in the City offices, is hereby enacted.
[Ord. No. 338, 8-20-2018]
A. 
The following are allowed uses for cellular telephones during an employee's shift at the City of Warsaw. The phrase "using a cellular telephone" includes both telephone communications and text messages.
1. 
An employee may use a cellular telephone for an emergency situation. Emergency situations include family emergencies including the sickness or illness of a family member, telephone calls from a school or day care facility involving an employee's child or children, telephone calls from a hospital or other medical facility relating to the care of an employee or an employee's child.
2. 
City of Warsaw employees may speak with each other during business hours if said conversations pertain to City of Warsaw business.
3. 
City of Warsaw employees may use their cellular telephones during lunch breaks and other scheduled breaks during an employee's shift.
B. 
The following are not proper uses for a cellular telephone:
1. 
To use facebook, twitter, or any other social media site during work hours, and not during the acceptable times as provided for in Subsection (A) and not related to employment at the City of Warsaw, Missouri.
2. 
Calling or texting during work hours, and not during the acceptable times or for the acceptable reasons as provided for in Subsection (A) and not related to employment at the City of Warsaw, Missouri.
3. 
Utilizing a cellular telephone while operating equipment, machinery or a motor vehicle owned or leased by the City of Warsaw at any time.
C. 
Disciplinary Actions:
1. 
Employees in violation of this policy will get a verbal warning for a first offense.
2. 
Employees who violate this policy two (2) times shall be subject to suspension.
3. 
Violation of this policy three (3) or more times shall be grounds for termination.