[R.O. 2004 §120.070; CC 1990 §120.070; Ord. No. 413 §1, 5-27-1981]
The Board of Aldermen hereby adopts the "Code of Employee Conduct"
which is on file in the office of the City Clerk and made a part hereof.
The Board reserves the right to amend such code at any time they deem
such changes necessary.
[R.O. 2004 §120.010; Ord. No. 689 §1, 5-17-1990]
[R.O. 2004 §120.180; CC 1990 §120.180; Ord. No. 413 §1, 5-27-1981]
It shall be the duty of any employee of the City having knowledge
that any other member has been guilty of any serious offense to make
a written complaint to an immediate supervisor.
[R.O. 2004 §120.190; CC 1990 §120.190; Ord. No. 413 §1, 5-27-1981]
Any person may make a complaint against any employee upon information
or belief that such member has been guilty of any offense. Such complaint
shall be made to a supervisor or a member of the Board. All complaints
will be made in written form.
[R.O. 2004 §120.200; CC 1990 §120.200; Ord. No. 413 §1, 5-27-1981]
A.
Whenever a complaint is received by the supervisor or a member of the Board, as listed in Section 117.040, that an employee of the City has been guilty of any offense, he/she shall immediately notify the City Administrator at which time an investigation of the complaint is made if warranted. At the conclusion of the investigation, the complaint is classified in one (1) of the following categories.
1.
Unfounded. The complaint was not based on facts
as shown by the investigation or the incident did not occur.
2.
Exonerated. The action complained of did occur,
but the employee acted in a reasonable, proper and lawful manner as
supported by the information developed during the investigation.
3.
Not sustained. Insufficient evidence was available
to prove or disprove the allegations in the complaint.
4.
Sustained. Evidence gained during investigation
supported the complaint.
[R.O. 2004 §120.210; CC 1990 §120.210; Ord. No. 413 §1, 5-27-1981]
[R.O. 2004 §120.220; CC 1990 §120.220; Ord. No. 413 §1, 5-27-1981; Ord.
No. 1219 §§1 — 3, 3-15-2010]
A.
A supervisor
may, for cause, orally, or in writing, reprimand any member of his/her
department who is subordinate to him/her and is under his/her direction
or supervision. Oral reprimands shall be followed up with a written
memo for records to be included in the employee's personnel file.
The memo for record of the oral reprimand does not constitute a letter
of reprimand. All memos and letters of reprimand shall be removed
from the personnel file only at the direction of the Board of Aldermen.
B.
The
City Administrator or Chief of Police may, for cause, invoke a suspension
for a period not exceeding three (3) days of any employee in their
department who is subordinate to him/her. The City Administrator or
Chief of Police shall immediately draft a written letter with charges
defined in detail and their recommendations for reprimand in a request
delivered to the Mayor for an emergency hearing of the Board of Aldermen.
C.
The
Board of Aldermen shall, upon receiving a letter of charges, render
a decision as to the validity and seriousness of the charges and may
uphold the suspension or reduce the suspension. An employee under
suspension will receive no compensation for the period of suspension.
[R.O. 2004 §120.230; CC 1990 §120.230; Ord. No. 413 §1, 5-27-1981]
[R.O. 2004 §120.240; CC 1990 §120.240; Ord. No. 413 §1, 5-27-1981]
An employee of the City under charges or suspension shall not
cause or procure any person to intercede or interfere personally or
by communication with a member of the Board of Aldermen or of the
department or with any person who may be a witness against him/her.
[R.O. 2004 §120.250; CC 1990 §120.250; Ord. No. 413 §1, 5-27-1981]
A.
Any
employee of the City of Pevely that has been disciplined shall have
the right to a hearing by the Board of Aldermen unless a hearing had
previously been held as outlined.
1.
Appeals shall be submitted in writing within ten (10) days of the
letter outlining disciplinary action taken by the City Administrator.
2.
The Board of Aldermen shall then, upon receipt of the request for
appeal:
a.
Hold a hearing upon a timely appeal within thirty (30) days after
the date such appeal is filed, unless the appellant shall agree to
a later date for such hearing.
b.
Render a written decision upon such appeal and submit its decision
and recommendation to the Mayor within ten (10) days after the hearing
of such appeal.
c.
The decision of the Board of Aldermen is final.
[R.O. 2004 §120.260; Ord. No. 689 §7, 5-17-1990; Ord. No. 963 §1, 6-4-2001; Ord.
No. 1100 §1, 3-20-2006; Ord. No. 1126, 2-5-2007; Ord. No. 1210 §1, 1-4-2010; Ord. No. 1222 §§1 —
2, 4-19-2010; Ord. No. 1231 §1, 8-16-2010; Ord. No. 1557, 11-1-2021]
A.
Insurance
Coverage.
1.
Medical and dental coverage shall be paid for each employee.
2.
Life insurance coverage in the amount of twenty-five thousand dollars
($25,000.00).
3.
Disability insurance plan covers sixty-six and seven-tenths percent
(66.7%) of current monthly salary if you suffer from a disabling accident
or illness on or off the job. The maximum monthly benefit is three
thousand dollars ($3,000.00); the minimum monthly benefit covered
under this plan is one hundred dollars ($100.00).
4.
Workers' compensation insurance coverage as required by law shall
be paid for the employee only for job-related injuries.
b.
All workers' compensation cases will go to Jefferson Regional Medical
Center Occupational Medicine for treatment. All follow-up treatment
is at the discretion of the City's workers' compensation insurance
provider and the physician.
c.
Modified duty. An employee may return to work in a modified duty
capacity under the direction of a workers' compensation-qualified
physician. The physician shall indicate the specific restrictions
and the duration of the restrictions so the City can temporarily place
the employee in an appropriate environment until the employee can
be returned to their regular position. The City Administrator or Chief
of Police shall determine if a modified duty assignment is available
in their respective departments.
B.
Paid
Vacation. Vacation time shall be paid for each employee at the end
of every December 31st. New employees starting in the middle of a
calendar year vacation is prorated according to the month started
from then on as follows:
1.
One (1) complete year of service: one (1) week.
2.
Two (2) years' service to and including four (4) completed years
of service: two (2) weeks.
3.
Five (5) years' service to and including fourteen (14) completed
years of service: three (3) weeks.
4.
Fifteen (15) years' service to and including nineteen (19) completed
years of service: four (4) weeks.
5.
Twenty (20) years' service and over: five (5) weeks.
6.
Vacation time shall not be accumulated and must be taken before the
end of the calendar year next following the year for which it was
earned.
7.
Vacation time of one (1) week or more must be scheduled two (2) weeks
in advance, except in emergency situations, and must be approved by
the department head.
8.
Emergency vacation can be taken with approval of the department head.
9.
Upon termination of employment, accumulated vacation shall be prorated
and paid.
C.
Paid
Holidays. Employees shall receive a full day's pay for each of the
following thirteen (13) holidays.
1.
New Year's Day.
2.
Martin Luther King, Jr., birthday.
3.
Good Friday.
4.
Memorial Day.
5.
Juneteenth.
6.
Fourth of July.
7.
Labor Day.
8.
Columbus Day.
9.
Veterans Day.
10.
Thanksgiving Day.
11.
Day after Thanksgiving.
12.
Christmas Eve.
13.
Christmas Day.
14.
Any subsequent legal holiday declared by State and/or municipal government
upon approval of the Board of Aldermen at a regular scheduled meeting.
15.
All holidays falling on a Saturday shall be celebrated on the preceding
Friday, and all holidays falling on a Sunday shall be celebrated on
the following Monday.
16.
Employees who are scheduled to work on any of the aforementioned
holidays shall be paid their regular rate of pay plus eight (8) hours'
holiday pay. Employees must work their regular shift the day before
and the day after said holiday to be entitled to said additional pay.
17.
It is the intention of the Board of Aldermen that all employees whose
service is not essential to the operation or safety of the City of
Pevely will be allowed off on all aforementioned holidays.
18.
Employees scheduled or because of emergency service to the City are
required to work on any of the holidays listed above shall be double
their normal rate of pay in addition to the holiday pay provided for
in this section.
D.
Sick
Leave.
1.
Sick leave is considered a privilege to be used only in case of need.
It shall be used for illness, off-the-job injury, disability, quarantine
due to a contagious disease, or illness in the immediate family requiring
the employee to remain at home.
2.
To be eligible for sick leave privileges, the full-time employee
must have six (6) months' service with the City. All regular full-time
employees of the City shall be granted ninety-six (96) hours per calendar
year with a maximum of seven hundred twenty (720) hours cumulative
starting January 1 of each year.
3.
The following apply to sick leave:
a.
Notification. To receive compensation while absent on sick leave,
the full-time employee shall notify the City one (1) hour before the
time he/she is expected to report for work. Sick leave with pay shall
be granted unless notification has been untimely made.
b.
Physicians certification. When absence is for three (3) consecutive
days or more, the full-time employee shall be required to file a physician's
certification if deemed necessary by the City Clerk. Physician's certification
may be required for absence of any duration.
c.
A full-time employee terminating from City services shall not be
allowed the use of sick leave in the last two (2) calendar weeks of
employment. Unused sick leave will not be compensated for in any way
at the time of resignation or dismissal of a full-time employee.
d.
Abuse of the sick leave privilege can result in dismissal.
e.
The sick leave request must be approved by the department supervisor
and the City Clerk.
E.
Funeral
leave. Absence from work for the purpose of arranging for or attending
the funeral of an immediate family member shall be allowed without
loss of pay not to exceed three (3) days. Absence from work for the
purpose of arranging for or attending the funeral of an extended family
member shall be allowed without loss of pay not to exceed one (1)
day. Immediate and extended family are identified below. Funeral leave
will only be granted, provided:
1.
The employee notifies the City of the purpose of said absence on
the first day of such absence.
2.
The day of the absence is a day during which the employee would have
worked, but for the death.
3.
The employee, when requested, furnishes proof satisfactory to the
City of the death, his/her relationship to the deceased and the date
of the funeral.
4.
Immediate family to include:
a.
Spouse.
b.
Child.
c.
Mother or father.
d.
Mother-in-law or father-in-law.
e.
Sister or brother.
f.
Sister-in-law or brother-in-law.
g.
Son-in-law or daughter-in-law.
h.
Grandmother or grandfather.
i.
Grandson or granddaughter.
j.
Stepmother or stepfather.
k.
Stepchild.
l.
Foster child.
m.
Spouse's grandparents.
n.
Niece or nephew.
6.
In the event of multiple deaths of any relatives listed above, an
employee shall be allowed five (5) days off without loss of pay.
F.
Jury
Duty. Employees serving on a jury shall do so without loss of pay.
[Ord. No. 1190 §1, 5-4-2009]
A.
The
City of Pevely hereby establishes for full-time employees a voluntary
Sick Leave Bank. The voluntary Sick Leave Bank provides a possible
source of paid sick leave to any eligible employee who has sustained
a serious illness or injury and who has used all his/her accrued personal
sick leave and still needs to cover an additional period of time when
he/she is unable to work. The Sick Leave Bank is not intended to cover
any other types of absences for which an employee has insufficient
leave.
B.
Contributions To Sick Leave Bank.
1.
Any employee who is eligible for sick leave may choose to donate
a portion of his/her accrued sick leave hours to the Sick Leave Bank.
Full-time employees must maintain a minimum balance of ninety-six
(96) hours in his/her sick leave account at the time of donation.
2.
A full-time employee may donate any number of hours of sick leave
to the Bank in any calendar year, so long as their minimum number
is maintained.
3.
Donations to the Sick Leave Bank may occur annually on January first
(1st) or at any time during each calendar year. Each employee who
donates to the Sick Leave Bank shall sign a donor permission form
stating the number of hours to be transferred from his/her personal
accrued sick leave to the Sick Leave Bank.
4.
Employees earn twelve (12) sick days per year. When no sick time
is used for the year, employees receive one (1) week (five (5) days)
pay the first (1st) week of a new year.
5.
Employees who have earned a maximum of three (3) months or seven
hundred twenty (720) hours sick leave can no longer accumulate more
hours, therefore they may contribute seven (7) of the twelve (12)
days earned for the year and still collect the sick pay check the
first (1st) week of a new year.
C.
Sick Leave Bank Benefits.
1.
An employee shall have worked full time for the City of Pevely for
at least one (1) year without breaks in service unless waived by the
Sick Leave Bank Administrative Committee for good cause;
2.
Employee shall be eligible for sick leave;
3.
Employee shall have exhausted his/her personal accrued sick leave
before he/she is eligible for Sick Leave Bank benefits;
4.
Employee shall have a serious illness or injury that prevents release
to return to work for at least three (3) weeks unless waived by the
Sick Leave Bank Administrative Committee for good cause;
5.
Request for Sick Leave Bank benefits shall be accompanied by a letter
from an attending health care provider, stating that the employee
is not able to perform his/her normal duties, estimating the duration
of the employee's absence and projecting when the employee may be
expected to return to work;
6.
Only an employee's own illness or injury qualifies for Sick Leave
Bank benefits. Employee may not receive Sick Leave Bank benefits for
absences to care for ill or injured family members.
D.
Grants Of Sick Leave.
1.
Provided there are hours available in the Sick Leave Bank, the maximum
amount of sick leave that a full-time employee may receive from the
Sick Leave Bank during a calendar year is two hundred forty (240)
hours.
2.
Grants from the Sick Leave Bank shall be based on the employee's
normal weekly work schedule, for example, an employee who normally
works forty (40) hours per week would receive forty (40) hours per
week of sick leave from the bank.
E.
Administration.
1.
The Sick Leave Bank shall be administered by a committee consisting
of the City Administrator, the Mayor, the City Clerk and Human Resources.
Records of the Sick Leave Bank shall be maintained by Human Resources.
2.
All personally identifiable information of employees who donate to
the Sick Leave Bank or who receive grants from the Sick Leave Bank
shall to the extent provided by Chapter 610, RSMo., be considered
confidential personnel records.
3.
The Sick Leave Bank Administrative Committee shall present an annual
statistical report at the end of each calendar year to the Mayor and
Board of Aldermen and to all City employees. The report shall indicate:
[R.O. 2004 §120.290; Ord. No. 689 §10, 5-17-1990]
[R.O. 2004 §120.300; Ord. No. 689 §11, 5-17-1990]
A.
Any
unresolved grievance that an employee has with another employee will
be placed in writing to his/her supervisor.
B.
Any
unresolved grievances that an employee has with his/her supervisor
will be placed in writing to the City Administrator.
C.
Any
unresolved grievances that an employee has placed with his/her supervisor
or City Administrator must be placed in writing and turned into the
City Clerk. He/she will then make copies and distribute them to the
Mayor and every member of the Board of Aldermen for review.
[R.O. 2004 §120.310; CC 1990 §120.310; Ord. No. 484 §§1 —
4, 4-27-1983; Ord. No. 1215 §1, 2-1-2010; Ord. No. 1322 §1, 12-30-2013; Ord. No. 1383 §1, 9-14-2015; Ord. No. 1422 § 1, 3-6-2017; Ord. No. 1437, 12-27-2017]
A.
For the purpose of this Section and unless otherwise provided in Subsection (C), the work week for City of Pevely Administrative and Public Works employees, the Chief of Police, Officers assigned to the Detective Bureau, Dispatchers and Police Department clerical employees shall consist of forty (40) hours per week. The scheduling of such hours of work shall in the case of Police Department employees be determined by the Police Chief or such other person who is lawfully acting in his/her place and under the authority of his/her office. Scheduling of hours of work for clerical and office employees, other than those working in the Police Department, shall be determined by the City Administrator, unless otherwise prescribed by ordinance. Each person charged with scheduling hours of work hereunder shall schedule the hours of work for each employee so as to provide adequate time off from work in any week in order to minimize compensatory time.
B.
Unless exempt under wage and hour laws or otherwise provided in Subsection (C), compensatory time off shall be granted to any employee or officer of the City named in Subsection (A) who works more than forty (40) hours during a workweek, under the following terms:
1.
Any hours worked beyond forty (40) during a workweek for which
the officer or employee wishes to obtain compensatory time off must
be within the scope of his/her duties and must result from a directive
by the person responsible for scheduling such person's hours of work
and shall be no less than thirty (30) minutes per day.
2.
The person responsible for scheduling said hours in excess of
forty (40) hours during a workweek shall complete the approved compensatory
time form and such form shall be maintained in the officer's or employee's
permanent personnel record file as maintained by the Human Resources
Director.
C.
Compensatory time and overtime pay shall be granted to non-exempt
Police officers assigned to twenty-eight (28) day schedules under
the following terms:
1.
Non-exempt Police officers working twenty-eight (28) day schedules
shall receive a regular pay check weekly based on one-quarter of a
one-hundred sixty-eight (168) hour, twenty-eight (28) day schedule.
2.
Because each non-exempt Police officer assigned to a twenty-eight
(28) day schedule receives pay for one-hundred seventy-one (171) hours
but actually works only one-hundred sixty-eight (168) hours, the first
three (3) hours worked beyond one hundred sixty-eight (168) shall
not receive overtime pay or compensatory time. Pay for these three
(3) hours is already calculated into the Police officer's regular
weekly pay based on a one hundred seventy-one (171) hour, twenty-eight
(28) day schedule.
3.
For the first three (3) hours of additional work beyond one
hundred seventy-one (171) per twenty-eight (28) day work period, a
non-exempt Police officer shall receive compensatory time at a rate
of time-and-a-half.
4.
For any hours worked beyond one hundred seventy-four (174) per
twenty-eight (28) day work period, a non-exempt Police officer shall
be paid overtime at a rate of time-and-a-half, or alternatively, he/she
may take all hours worked over the one hundred seventy-one (171) as
compensatory time at a rate of time-and-a-half.
5.
Non-exempt Police officers covered by this Subsection will receive
compensatory time or overtime in the first weeks check after the current
twenty-eight (28) day work period.
6.
Any hours worked beyond the one hundred seventy one (171) per
twenty-eight (28) day schedule for which the non-exempt Police officer
wishes to obtain compensatory time or overtime pay must be within
the scope of his/her duties and must result from a directive by the
person responsible for scheduling such person's hours of work and
shall be no less than thirty (30) minutes per day.
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The person responsible for scheduling said hours in excess of
one hundred seventy-one (171) per twenty-eight (28) day schedule shall
complete the approved compensatory time form or overtime form and
such form shall be kept in the Police officer's permanent personnel
record file as maintained by the Human Resources Director.
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D.
Use of compensatory time must be requested by the non-exempt officer
or employee in writing at least three (3) days prior to the requested
time off unless an emergency situation arises, in which case time
off shall only be granted at the discretion of the person responsible
for scheduling. Compensatory time must be exercised within the calendar
year in which it is earned, such year beginning on January first (1st)
and ending on December thirty-first (31st).
Compensatory time earned and not used by December thirty-first
(31st) shall be carried forward to proceeding calendar year with approval
by the Board of Aldermen by resolution or shall be paid to the non-exempt
officer or employee at his or her regular rate of pay at the end of
the year. Non-exempt officers and employees may, in general, only
accrue up to one hundred (100) hours of actual overtime worked or
one hundred (100) hours of compensatory time, depending on the work
performed by the officer or employee.
E.
Whenever a non-exempt officer or employee of the City resigns, is
terminated or is removed, the accumulated compensatory time shall
generally be paid at the officer's or the employee's regular rate
of pay.
[Ord. No. 1421 § 1, 3-6-2017]
A.
Purpose.
There is hereby established a use of social media policy that will
continue to provide that the City of Pevely is a safe and effective
workplace. The City respects the legal rights of its employees and
understand that employees' time outside of work is their own. This
policy will provide guidance on responsible social media activity
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 actions.
B.
Scope.
1.
This policy shall apply to all City of Pevely employees, volunteers,
elected officials and others associated with the City of Pevely, who
shall for purposes of this policy be referred to as "employee."
2.
This policy shall apply to social media activity regardless of the
user's location or ownership of the electronic resource or device.
This policy shall apply to social media activity both on and off duty,
and shall apply whether or not the posts are made using personal identifying
information, anonymously or while using a pseudonym.
C.
This
policy will give administrative personnel guidelines that may apply
when using information obtained from a social network site. An employee's
use of social network sites becomes a problem when, in the sole discretion
of the City, it interferes with the employee's work, is used to harass
or discriminate against coworkers, creates a hostile work environment,
divulges confidential information, or harms the goodwill, image, and/or
reputation of the City.
D.
All
official City of Pevely presences of social media sites or services
are considered an extension of the City's information networks and
are governed by the policies in the City of Pevely Employee Code of
Conduct. Employees that fail to conduct themselves in an appropriate
manner shall be subject to the disciplinary procedures outlined in
the City of Pevely Employee Code of Conduct.
E.
The
City Administrator or Chief of Police, will review department or individual
requests to use social media sites.
F.
The
City Administrator or Chief of Police, or their designated representatives,
will monitor content on each controlled social media site to ensure
adherence to the social media policy for appropriate use, message
and branding consistent with the goals of the City of Pevely. The
City Administrator or Chief of Police will have the authority to remove
information from social media if it violates the standards established
herein.
G.
The
City does not discourage employee's use of social media within the
established guidelines on non-business personal time. However, employees
may not use any City of Pevely branded material without the specific
written consent of the City of Pevely. Additionally, the guidelines
provided below must be adhered to whether during business or non-business
time. If an employee is uncertain about the appropriateness of a social
media posting, they shall check with their supervisor or department
head.
H.
Social
Media Guidelines For Employees.
1.
Do not post any comment or picture involving an employee, Board of
Aldermen member, Mayor, patron, citizen, or volunteer of the City
on the job or at Citysponsored functions on any City controlled
or maintained site 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 his/her own views and
not necessarily the views of the City or other employees. However,
based on the needs of the City, an employee may be counseled to refrain
from commenting on work-related matters, even if he/she mentions that
his/her view are his/her own.
3.
Employees representing the City government via social media outlets
must conduct themselves at all times as representatives of the City
of Pevely.
4.
Employees should remember that their conduct may reflect upon the
City, and they are expected to exercise good judgment in their web
communications.
5.
Employees are cautioned that they may be subject to discipline, up
to and including discharge, for making defamatory, obscene, libelous,
or threatening statements pertaining to the City or its employees.
6.
Employees who use social media are responsible for complying with
applicable Federal, State and City laws, regulations and policies.
This includes adherence to established laws and policies regarding
copyright, records retention, Freedom of Information Act (FOIA), First
Amendment, privacy laws and information security policies established
by the City of Pevely.
7.
Employees shall not provide any confidential, proprietary, or private
information about the City or its employees.
8.
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.
9.
The City logo shall not be used on the web without prior written
permission from the City.
10.
Employees shall consult with their appropriate supervisor with any
questions about the City's views with respect to these guidelines
for web communications and the City's legitimate business interest.
11.
Employees shall not disclose information that was obtained as a result
of their employment with the City.
12.
Employees shall not post any work-related comments/material while
on duty or from a City-owned machine, unless expressly approved by
their department head.
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IMPORTANT: Employees authorized to respond on behalf of the
City to social media sites constitutes a form of communication subject
to the provisions of the Sunshine Law. See Ch. 610, RSMo.
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