City of Moscow Mills, MO Chapter 23 Personnel

[HISTORY: Adopted by ordinance 6-14-1993; amended 8-14-1995 by Ord. No. 12; 11-10-1997 by Ord. No. 59; 12-8-1997 by Ord. No. 60; 12-14-1998 by Ord. No. 82; 12-13-1999 by Ord. No. 101; 12-11-2000 by Ord. No. 120; 1-8-2001 by Ord. No. 120A; 11-28-2001 by Ord. No. 140; 6-10-2002 by Ord. No. 160; 12-9-2002 by Ord. No. 182; 1-13-2003 by Ord. No. 184; 3-10-2003 by Ord. No. 186; 3-19-2003 by Ord. No. 188; 7-31-2003 by Ord. No. 206; 12-15-2003 by Ord. No. 222; 12-10-2004 by Ord. No. 257; 6-22-2005 by Ord. No. 281; 3-13-2006 by Ord. No. 311; 4-10-2006 by Ord. No. 318; 8-14-2006 by Ord. No. 344; 8-14-2006 by Ord. No. 350; 8-14-2006 by Ord. No. 351; 3-24-2008 by Ord. No. 443; 6-8-2009 by Ord. No. 519; 3-8-2010 by Ord. No. 544; 4-12-2010 by Ord. No. 546; 1-13-2011 by Ord. No. 575; 5-16-2011 by Ord. No. 589; 9-12-2011 by Ord. No. 606; 4-9-2012 by Ord. No. 620; 4-9-2012 by Ord. No. 622; 4-23-2012 by Ord. No. 625; 6-11-2012 by Ord. No. 630; 7-9-2012 by Ord. No. 632; 10-9-2012 by Ord. No. 640; 11-14-2012 by Ord. No. 644; 12-9-2013 by Ord. No. 682; 3-10-2014 by Ord. No. 692; 7-14-2014 by Ord. No. 696; 8-11-2014 by Ord. No. 698; 6-13-2016 by Ord. No. 750; 10-11-2016 by Ord. No. 760; 12-11-2017 by Ord. No. 793; 6-12-2018 by Ord. No. 809; 8-13-2018 by Ord. No. 820; 2-11-2019 by Ord. No. 850; 5-29-2019 by Ord. No. 857; 8-26-2019 by Ord. No. 873; 3-9-2020 by Ord. No. 890. Subsequent amendments noted where applicable.]

§ 23.001 Employee Handbook.

The City of Moscow Mills Employee Handbook, as amended periodically, shall be the official personnel policies of the City. Every effort has been and will be made to ensure the policies contained within the handbook are consistent with all City ordinances. In the event a conflict exists or develops, the City's ordinances shall control over the handbook.

§ 23.005 Definitions.

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

EMPLOYEE

For purposes of this section an employee is defined as any person paid an hourly or salary wage by the City, excluding elected officials.

FULL TIME REGULAR EMPLOYEE

An employee who has successfully completed the probationary period and is employed to work at least 30 hours per week on a permanent basis.

FULL TIME TEMPORARY EMPLOYEE

A full time employee who will eventually be returned to a part time status, or a seasonal employee, or an employee hired for a predetermined period of time.

HOURLY EMPLOYEE

An employee who is paid an Hourly Wage and is not a law enforcement employee.

HOURLY WAGE

An amount of pay for each hour of work completed by an employee.

LAW ENFORCEMENT EMPLOYEE

An employee who is paid an hourly wage, is employed as a commissioned police officer, and who is Peace Officer Standard and Training Commission certified.

PART TIME REGULAR EMPLOYEE

An employee who is permanently hired to work less than 30 hours per week.

PART TIME TEMPORARY EMPLOYEE

An employee who is hired temporarily to work less than 30 hours per week, or is a seasonal employee.

PROBATIONARY EMPLOYEE

A newly hired employee who is not a Law Enforcement Employee and who has not completed the required probationary period.

SALARY EMPLOYEE

An employee who is paid a Salary Wage.

SALARY WAGE

An annual amount of pay not dependent on the amount of hours worked by an employee, paid in bi-weekly increments determined by dividing the annual amount by 26.

B. All jobs at the City are classified as either "exempt" or "non-exempt". The placement of jobs into one of these categories is determined by tests specified by federal wages and hour laws. Jobs which are exempt are not subject to the overtime provisions of the law. Non-exempt employees are entitled to overtime provisions.

§ 23.045 Alcohol and drug testing.

A. All City employees shall be subject to the following drug or alcohol tests:

1. Pre-employment test. The City will test job applicants for current alcohol and drug use, but only after a conditional offer of employment has been made.

2. Reasonable suspicion testing. Whenever a supervisor has reason to believe a subordinate is under the influence of alcohol or drugs the supervisor may require the subordinate to undergo testing. The department head determining reasonable suspicion shall not supervise or participate in testing procedures. Reasonable suspicions shall be grounded upon observable facts relating to the appearance or odor of the employee, the motor skills or speech of the employee, the physical inability of the employee to do his/her job assignments, or the facts surrounding an incident involving an employee in the performance of a job assignment.

3. Post-accident. City employees will be given drug tests within 12 hours and alcohol tests within two hours of any on-the-job accident.

4. CDL employees. City employees who possess a commercial driver’s license and may drive a commercial vehicle as part of their employment will be subject to random testing as required and regulated by 49 CFR 40 and 49 CFR 382.

B. Testing procedure. All alcohol and drug testing procedures shall conform to those mandated by 49 CFR 40 and 49 CFR 382.

C. Refusal to test. If an employee refuses to be tested or alters or attempts to alter the test sample, such actions shall be treated as a positive test in addition to being a violation of the City's policy.

§ 23.150 Employee discipline.

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 ordinances and policies. No regular employee shall be disciplined except for violation of established ordinances and policies, and such discipline shall be in accordance with procedures established herein.

1. Employees' and Supervisors' Responsibilities:

a. It is the duty of every employee to attempt to correct any faults in his/her performance when called to his attention and to make every effort to avoid conflict with the City's ordinances and policies.

b. It is the duty of every supervisor to discuss and document improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action.

2. Discipline should, whenever possible, be of an increasingly progressive nature, the step of progression being: A) documented warning; B) demotion; C) suspension; and D) termination. However, there will be circumstances when immediate termination may be appropriate.

3. The following are declared to be grounds for discipline of any employee:

a. Conviction of a felony or other crime involving violence or dishonesty.

b. Failure to maintain satisfactory work performance standards.

c. Failure to maintain satisfactory attendance standards.

d. Intentional failure or refusal to carry out instructions of your supervisor; insubordination.

e. Misappropriation, destruction, theft, or conversion of City property or another employee's property.

f. Falsification of time records, personnel records, or other City records.

g. Unlawful possession of firearms, explosives, or other lethal weapons on City premises on in City vehicles.

h. Harassment of other employees; disorderly conduct or abusive language in the presence of other employees; willful disregard for the rights of other employees.

i. Creating or maintaining a hazardous, unsanitary, or unsafe working environment or conditions.

j. Failure to report accidents or injuries.

k. Conducting outside employment or personal business during City working hours.

l. Violation of the City's ordinances and policies, including but not limited to, those related to alcohol, drugs, and safety.

4. A written notice, utilizing the City's approved form, shall be given to each employee stating the reasons 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 and in any event not later than three working days from date of the action. A copy of the notice signed by the employee in the employee's file shall serve as prima facie evidence of delivery.

§ 23.195 Medical/dental/life insurance benefits.

[Amended 5-8-2023 by Ord. No. 1034]

A. Every full time regular employee will receive medical/dental/life insurance benefits through the City's medical/dental/life insurance policies as provided below:

1. Seasonal, Part Time, and Temporary employees are not eligible.

2. The employee must be at least 18 years of age to participate as stated in § 23.060.

3. Probationary employees hired to eventually become full time regular employees will begin medical/dental/life insurance coverage on the 1st day of the month following the completion of 30 days of employment.

4. The City of Moscow Mills will contribute 100% of the premium for employee only coverage and 60% for dependents toward the medical/dental/life insurance premium. This contribution only applies to the City's group policies for medical/dental/life insurance. If the employee elects to opt out of this coverage the City's contribution is forfeited.

5. The employee will contribute any remaining balance of his/her medical/dental/life insurance premium in the form of payroll deductions. One-half of the monthly deduction will be taken from the first check of each month of coverage, and 1/2 will be taken from the second check of each month of coverage.

6. The City may take bids each year upon renewal of policy, or every three (3) years as required by Section 67.150, RSMo., at which time insurance company may change.

7. Upon termination or resignation the employee's coverage will only continue until the end of that month through the City. The Federal Cobra Laws will apply after the end of that month.

8. The City will continue to make the contributions stated in § 23.195(A)(4) while a full time regular employee is on extended personal leave without pay for a period of three full calendar months following the start of extended personal leave without pay.

§ 23.198 AFLAC.

A. Under the City's Flex One Premium Only Cafeteria Plan every full time regular employee and elected official will be given the opportunity to receive AFLAC insurance benefits as provided below:

1. Only full time regular employees and elected officials are eligible. Seasonal, Probationary, Part Time, and Temporary employees are not eligible.

2. The participants must be at least 18 years of age to participate as stated in § 23.060.

3. Probationary employees changing to a full time regular employee status can begin AFLAC insurance coverage on the 1st day of the month following their appointment to full time regular employee status. Elected officials can begin AFLAC insurance coverage on the 1st day of the month following the date of taking office.

4. The City of Moscow Mills will not contribute toward employee AFLAC premiums. AFLAC premiums will be paid to the City in the form of a payroll deduction taken from the second payroll check of each month, which will cover the premium of that month. Elected officials will contribute their AFLAC premium in the form of a payroll deduction taken from their monthly payroll check, which will cover the premium of that month. All AFLAC premium deductions will be deducted pre-tax, unless specifically requested by the employee or elected official.

5. Coverage choices under the Flex One Premium Only Cafeteria Plan are limited to: Short Term Disability, Medical, Cancer, Intensive Care, Accident, Hospital Indemnity, Vision Care, Dental, Group Term Life, Specified Health Event, and Personal Sickness Indemnity.

6. Upon separation of employment, or an elected official no longer holding office, the City will notify AFLAC to remove the participant from the City's AFLAC billing at the end of the month of separation. The participant will then be able to continue their AFLAC coverage directly with AFLAC.

§ 23.230 Personnel files.

A. It shall be the responsibility of the City Clerk or deputy City Clerk to maintain a personnel file on each employee of the City.

B. Department Heads may view the personnel file of their employees by requesting the file from the City Clerk or deputy City Clerk.

C. The Mayor may view the personnel file of any City employees by requesting the file from the City Clerk or deputy City Clerk.

D. The Board of Aldermen may view the personnel file of any City employee by majority vote for an executive session to view the file. The City Clerk is responsible for placing this item on the agenda of the next regular meeting for consideration when requested by a member of the Board of Aldermen.

E. Personnel files are not to leave the premises of the City Clerk's office.

F. Federal and State law does not require the City to provide current or previous employees a copy of their personnel file.