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Chapter 25 - Personnel Code |
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CHAPTER 25.
PERSONNEL CODE.
ARTICLE I. PERSONNEL SYSTEM.[1]
The City Council of the City of Nevada, Missouri, recognizes that the primary responsibility for developing and administering the personnel policy of the City of Nevada, Missouri, is reposed in the office of the City Manager. This Code is adopted to generally outline, in a comprehensive fashion, a general guideline for a personnel system for the City officers and employees. Appointments and promotions of City Officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence. The City Manager is authorized to interpret this Code, to refine and develop further the personnel policy of the City consistent herewith, formally or informally, and to delegate such responsibility as he or she may deem appropriate to discharge his or her authority and responsibility and to issue such regulations which may include interpretive decisions, as he or she deems appropriate, with or without hearing. (Ord. No. 3495.)
Personnel policy is to be developed by the administration to promote efficiency and economy in government, to reward merit, to provide for the harmonious and impartial settlement of grievances, and to develop and maintain good morale and confidence in governmental officials and employees. This Chapter is adopted as guidance for the administration and although all ordinances are a matter of public record, available to those who desire access to the same, it is not to be used or construed as an employee handbook. (Ord. No. 3495.)
SECTION 25-1.103. APPLICABILITY.
The Council anticipates that human nature and operational flexibility will result in disputes over the applicability and meaning of the terms of this Personnel Code. This Code is intended to provide general suggestions and guidelines. It is not the purpose of this Code to mandate inflexible conditions which must be followed invariably at all times but to provide general concepts that should be substantially adhered to. The terms of this Code are subject to the regulations, including interpretive decisions, of the City Manager. This Chapter is not an employee handbook and is not to be distributed as such. It is guidance for administrative personnel and is not to be construed as an express or implied contract creating protected property or liberty rights or contractual conditions of employment or duties of the employer. The employee’s remedy in the event of alleged departure from this guideline, is to request clarification, informally or formally, by regulation or interpretive decision, or to process a grievance or appeal or request hearing, all as herein provided. (Ord. No. 3495.)
SECTION 25-1.104. AT WILL EMPLOYMENT.
Unless modified by law, all employees and administrative officers appointed and under supervisory authority of the City Manager have employment at the pleasure of the City and hold their position until the employee or the City shall desire to terminate the connection, in which event the dissatisfied party is to have the right to be relieved of further responsibility to the other. It is hereby ordained that the City, by creating this Chapter and providing guidelines to benefit its employees, does not relinquish or waive its entitlement to discharge employees at will and that nothing in the personnel manual or Personnel Code should be construed as an expressed or implied contract. See Article X. (Ord. No. 4129 § 1, 7-16-96)
SECTION 25-1.105. ORGANIZATIONAL CHART.
The government of the City of Nevada, Missouri, shall be organized on lines of authority and lines of cooperation as reflected in the organizational chart on file in the City Clerk’s office, and incorporated herein by reference. The City Manager is authorized and directed to modify said chart and keep the same on file at his office for public inspection as the same is amended from time to time. (Ord. No. 3495.)
SECTION 25-1.106. EQUAL OPPORTUNITY EMPLOYMENT.
The City of Nevada is an Equal Opportunity Employer. The City is committed to equality of employment for all personnel, regardless of race, religion, color, sex, age, national origin or handicap. Equality of employment opportunity includes, but is not limited to, hiring, training, promotion, demotion, transfer and discharge. The City Council, by Resolution No. 513, on file in the City Clerk’s office, and incorporated herein by reference, establishes the guidelines relating to hiring and general employment within the City of Nevada, Missouri. (Ord. No. 3495.)
SECTION 25-1.107. SEXUAL HARASSMENT.
(a) Sexual harassment at the City of Nevada is unacceptable conduct and will not be tolerated. It is made unlawful under guidelines of the EEOC and by Section 296.020(1)[2], RSMo., 1978, as amended. Sexual harassment includes unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment will be regarded as a violation of this policy when:
(b) Submission to such conduct is made a condition of employment,
(c) Submission to or rejection of such conduct is used as a basis for employment-related decisions such as promotion, performance evaluation, pay adjustment, discipline, work assignment or other condition of employment or career development, or
(d) Such conduct otherwise interferes with work performance.
(e) Conduct of any employee of the City of Nevada creating for others a hostile or offensive work environment by reason of verbal or physical conduct of a sexual nature as described above, is strictly forbidden. Any employee of the City of Nevada, Missouri, who has complained of sexual harassment shall be permitted to by-pass the usual grievance procedures and go directly to the Personnel Director, City Manager, General Counsel or the Mayor for the City with the complaint and the person receiving said complaint is charged to place the complaint in an appropriate grievance procedure forum to insure the complaint is fully and properly investigated and acted upon, except that all such complaints will be considered confidential and only those individuals determined to be involved in the complaint or its resolution will have information concerning the same. (Ord. No. 3495; Ord. No. 3850 § 1, 1-19-93)
SECTION 25-1.108. CLASSIFICATION OF EMPLOYMENT.
For purposes of determining the applicability of the various Chapters of this Personnel Code to employees, employment is separated into three (3) classifications:
(1) Exempt positions are those which are not subject to the City classification and pay plan, or conditions of employment. They include positions which are not salaried or which are salaried under special contracts: City Manager, City Attorney, Municipal Judge, members of boards, members of commissions, members of committees. Said employees are employees at will. Articles II, III, IV, V, VI, and VIII are not applicable to them.
(2) Unclassified positions are those which are employed outside the pay plan on a part time or seasonal basis upon salaries commensurate with the position and contingent upon budgeting of funds by the Council authorizing said positions. Unclassified employees, including seasonal, temporary and part-time employees will, unless otherwise directed by the City Manager, be granted Workers’ Compensation and Social Security fringe benefits but will not be eligible for other fringe benefits. Said employees are employees at will. Articles II, III, and IV (except as hereinabove provided) are not applicable to them.
(3) Classified positions are defined as all government offices and positions not placed in exempt or unclassified service. All provisions of the Personnel Code apply to classified personnel. (Ord. No. 3495.)
ARTICLE II. CONDITIONS OF EMPLOYMENT.
It is considered to be desirable that employees be residents of the City for the reason that those responsible for administering the government of the municipality should, to the maximum degree, be involved in and be part of that community and genuinely interested and concerned and dedicated to the best interests of the community. The City Manager, City Clerk, and department heads are required to reside within the City limits. To provide appropriate emergency call-back response, commissioned police officers shall be required to live within the boundaries of Vernon County, and fire-fighters shall be required to live within a four (4) mile radius of the public safety building. (Ord. No. 3495; Ord. No. 3850 § 2, 1-19-93; Ord. No. 3953 § 1, 8-16-94; Ord. No. 4187 § 1, 3-18-97; Ord. No. 6109 § 1, 8-19-03; Ord. No. 6146 § 1, 1-6-04)
SECTION 25-2.102. QUALIFICATION EXAMINATION.
Applicants for employment in classified positions may be required to take a qualification examination which can be utilized as a gauge of employability to the extent that the test is reasonably valid for job related qualifications. (Ord. No. 3495.)
SECTION 25-2.103. CONDITIONAL HIRE PHYSICALS.
All full and part-time emergency response personnel (Police and Fire Fighters) and all safety sensitive employees (those required to have a CDL) are required to pass a physical examination as condition of employment. In administering this requirement, a conditional job offer should be extended to the candidate, or the candidate should be informed that the result of the medical examination is the last factor to be evaluated before the final decision to make the offer of employment. Physical examinations will be given by a local physician designated by the City, at the City’s expense. A formal report of the examination must be released to the City and placed in the employee’s permanent personnel file. The physical examination may include a pulmonary function evaluation, chest x-ray, multi-fasic blood analysis, urine toxicological screen, electrocardigram, general examination of eyes, ears, nose and throat, and may, if requested, include, if pertinent to job responsibilities, an eye examination to determine visual acuity. (Ord. No. 3495; Ord. No. 3790 § 1, 3-3-92; Ord. No. 3954 § 1, 8-16-94; Ord. No. 4129 § 2, 7-16-96)
SECTION 25-2.104. PERIODIC PHYSICALS AFTER EMPLOYMENT.
All full and part-time emergency response personnel (Police and Fire Fighters) will be given a physical examination by a local physician designated by the City, at the City’s expense, every five (5) years or as needed to determine fitness for duty. This examination should be scheduled within approximately six (6) months of the conclusion of each five (5) year period of employment. Employment may be terminated upon the failure to maintain a physical condition which, in the judgment of the Department Head or City Manager, is adequate to discharge the demands of the employee’s job. The physical examination may include a pulmonary function evaluation, chest x-ray, general health screening profile blood analysis, urine toxicological screen, electrocardiogram, general examination of the eyes, ears, nose and throat, and may, if requested, include, if pertinent to job responsibilities, an eye examination to determine visual acuity. (Ord. No. 3495; Ord. No. 3790 § 2, 3-3-92; Ord. No. 4129 § 3, 7-16-96)
SECTION 25-2.105. HOURS OF WORK.
The normal workweek for non-commissioned full-time employees in the City’s service is forty (40) hours except in the Fire Department, which is fifty-six (56) hours. The work period for Fire personnel is twenty-seven (27) days in which nine (9), twenty-four (24) hour shifts are worked. This Section is intended to provide a basis for establishing a work schedule for calculating overtime and is not to be construed as a guarantee of hours of work per day, or a guarantee of days of work. (Ord. No. 3495; Ord. No. 4185 § 1, 3-4-97; Ord No. 6392§ 1 7-19-05)
The City will comply with the Fair Labor Standards Act and Regulations issued pursuant thereto in computing overtime of public employees. (Ord. No. 3495)
SECTION 25-2.107. CLOSELY RELATED EMPLOYEES.
Persons who are closely related to persons already employed by the City shall not be appointed to a position in the City’s service in the same department. Closely related, for purposes of this Section, shall include husband, wife, brother, sister, aunt, uncle, father, mother, grandfather or grandmother, and step relationships involving the preceding relatives. Should employees in the same office or division of any department desire to marry, one is expected to resign his or her position within sixty (60) days after the date of the marriage. In lieu of resignation, transfer to a different department, office or division is acceptable, if it conforms to all other personnel regulations, existing budgetary limitations, and positions as authorized by the City Council. Should such a transfer not be possible and both employees refuse to resign, the employee with the lesser amount of service time with the City of Nevada, will be terminated by the City Manager. Closely related employees that are currently in City service will not be appointed to work in the same division or office of any department. (Ord. No. 3495; Ord. No. 3790 § 3, 3-3-92)
SECTION 25-2.108. PROBATIONARY STATUS.
Each employee upon employment or re-employment, and each employee reinstated after a period of suspension without pay, unless otherwise directed by the City Manager, will serve in a probationary status of six (6) months. During the employees probationary period, or in any event at the conclusion of the probationary period, the supervising department head will notify the City Manager in writing that (a) the employee has successfully completed his/her probationary period, is capable of performing the duties of the job satisfactorily, and is to be released from probationary status; or (b) that the employee has been discharged; or (c) that the employee should be granted up to an additional six (6) months of probationary status in order to evaluate capacity to satisfactorily perform job duties. (Ord. No. 3495; Ord. No. 3850 § 3, 1-19-93)
SECTION 25-2.109. TYPES OF APPOINTMENTS – PAY AND FRINGE BENEFITS.
For purposes of determining the applicability of the pay plan and eligibility for fringe benefits, employment is sometimes segregated into four (4) classifications:
(1) Seasonal or Temporary – Those employees appointed to do work for a limited period of time for a specific duty, such as seasonal programs or specific short term projects. Seasonal or temporary employees do not receive fringe benefits, except as authorized by this Code or the City Manager, or by separate contract, and are paid salaries established by the City Manager following Council authorization by budget.
(2) Part-time – Those employees who generally work twenty-eight (28) hours or less per week. Part-time employees do not receive fringe benefits except as specifically authorized by this Code or the City Manager and are paid a salary set by the City Manager and authorized by the Council through budget.
(3) Regular – Those classified employees who regularly work a normal work week (refer to FLSA, non-overtime hours) on a continuous basis for an indefinite period of time. Regular employees do receive fringe benefits and are paid under the City classification and pay plan.
(4) Acting – Those regular employees filling an opening on a temporary basis prior to conclusion of a permanent appointment. Such employees are entitled to fringe benefits and are paid under the City classification and pay plan. Acting employees are to be paid at the rate of the higher classification for each day of a period of active employment after the employee has served for fourteen (14) consecutive calendar days in the higher classification. If serving in an acting position in which overtime is not paid, overtime will not be paid but the salary of the higher classification will be continued. (Ord. No. 3495; Ord. No. 3790 § 5, 3-3-92)
Service, for purposes of (1) merit steps and advancement, (2) longevity compensation, (3) vacation, and (4) sick leave, means continuous full-time work performance in a regular position which is included in the classification and staffing plan. A lapse of service of an employee for a period of time longer than thirty (30) days by reason of resignation, discharge, or suspension without pay will eliminate the accumulated length of service time of such employee, and any such employee reentering the service of the City will be considered a new employee. (Ord. No. 3495)
SECTION 25-2.111. W-4 FORM FOR FEDERAL INCOME TAXES.
All employees are required to fill out and file with the City Clerk a form W-4 (“Employee Withholding Allowance Certificate”) as required by the Internal Revenue Service upon employment. (Ord. No. 3495)
SECTION 25-2.112. TRANSFERS OF PERSONNEL.
Although employees of the City of Nevada, may be hired to perform duties of a particular position, transfers of personnel may be made at the discretion of the City Manager. All openings shall be posted and employees may apply for positions in other departments of the City organization. (Ord. No. 3495; Ord. No. 3790 § 6, 3-3-92)
ARTICLE III. JOB CLASSIFICATION AND PAY PLAN.
SECTION 25-3.101. CLASSIFICATION.
The City will endeavor to assign each City service position to a particular job class. In classifying jobs, the City will consider the position’s duties and responsibilities. (Ord. No. 3495)
A pay plan developed annually with the budget will constitute the basic monthly salary schedule consisting of steps of pay in each pay range. The respective ranges will be identified by numbers, and the steps within each range will be identified by numbers, and the steps within each range will be identified by the letter “A” through “G” or similar designation. (Ord. No. 3495)
SECTION 25-3.103. MERIT STEPS.
Advancement within each range will be conditioned upon past satisfactory performance and a minimum period of service within each step, according to the following time able:
(Ord. No. 3495; Ord. No. 3790 § 7, 3-3-92)
SECTION 25-3.104. BEGINNING RATES.
(1) Normally, new employees should be paid the rate as shown in Step A in the range allocated to the position for which the individual has been hired.
(2) A new employee may be placed in a higher step in the range allocated to the position for which the individual has been hired, depending upon the individual’s qualifications and the availability of budgeted funds. Such action requires the authorization of the City Manager. (Ord. No. 3495)
SECTION 25-3.105. ADVANCEMENT WITHIN PAY RANGES.
The following suggestions are made as to salary advancements within ranges:
(1) Probationary Advancement. After the salary of a new employee has been initially established under the “Job Classification and Pay Plan”, such employee may be advanced from his original Step to the next higher Step effective the first (1st) day of the next pay period following the date of satisfactory completion of the individual’s six (6) month probationary period.
(2) Merit Advancement. An employee may be considered for advancement. An employee may be considered for advancement from Step to Step through Step C in a particular pay range upon completion of the minimum length of service as provided in Section 25-3.103. As the term implies however, such a “merit” increase is not an automatic advancement, and this type of salary adjustment will only be approved following a successful review of the employee’s work performance by the appropriate department head and the City Manager. The effective date of a merit increase will be the first day of the next pay period following approval by the City Manager. The “Merit Salary Adjustment Program” is also contingent upon the City’s general financial condition and may be frozen from time to time.
(3) Reconsideration. When an employee is considered but not approved for a merit advancement, he/she may be reconsidered for such advancement at any subsequent time. If an employee is subsequently approved for a merit increase, the eligibility date for further merit reviews will then be changed to coincide with the actual date of approval (generally one year from the most recent approval date).
(4) Special Merit Advancement. In those cases where an employee consistently demonstrates exceptional ability and proficiency in the performance of his/her assigned duties, the appropriate department head may recommend to the City Manager that the employee be advanced to the next highest Step in the same pay range without regard to the minimum length of service provisions contained in Section 25-3.103. The City Manager may approve such advancement, provided that appropriate budgeted funds are available. (Ord. No. 3495; Ord. No. 3850 § 4, 1-19-93)
SECTION 25-3.106. NOTIFICATION OF JOB OPENINGS.
The City will endeavor to provide all notice in all departments of openings involving regular (other than acting) positions. The City may give preference to qualified City employees or such recruits outside present staff. (Ord. No. 3495; Ord. No. 3790 § 8, 3-3-92)
SECTION 25-3-107. REPEALED BY ORD. 3790 § 9, 3-3-92.
When an employee is demoted to a position in a lower classification, the individual’s salary rate will normally be determined in the appropriate range for the lower classification according to the following provisions:
(1) The salary rate may be reduced by at least one Step.
(2) The new salary rate will be within the appropriate pay range. (Ord. No. 3495)
SECTION 25-3.109. REASSIGNMENT OF PAY RANGES.
A reassigned employee may be paid at the same, in a higher, or in a lower Step as may be deemed appropriate. (Ord. No. 3495)
All City employees should normally be paid every other Wednesday (26 pay checks per year) at 4:00 p.m., barring computer difficulties in check preparation. If a regular pay day falls on an authorized holiday, pay checks will normally be issued the preceding Tuesday afternoon at 4:00 p.m. (Ord. No. 3495)
SECTION 25-3.111. OVERTIME COMPENSATION.
(a) The City of Nevada’s overtime management should be in compliance with Federal Law 99-150 (passed in November, 1985), which defined the application of the Fair Labor Standards Act to local governments. The policy should also comply with further applicable legislation, the rulings of the United States Department of Labor, and the decisions of the appropriate courts.
(b) Overtime work should be avoided. It is the City’s policy to assign each employee regular work duties and responsibilities which can normally be accomplished within the established day and week.
(c) The City will comply with the Fair Labor Standards Act and regulations issued pursuant thereto in computing overtime of non-exempt public employees. Those positions which remain exempt from the requirements of the Fair Labor Standards Act are expected to average at least forty (40) hours if needed to perform the duties of the position.
(d) Employees called to work from off duty shall be paid a minimum of one (1) hour of pay. If the work exceeds one (1) hour, the employee will be paid the actual duration of the work. (Ord. No. 3495; Ord. No. 3790 § 10, 3-3-92)
SECTION 25-3.112. LONGEVITY COMPENSATION.
All full-time employees may receive longevity bonus compensation if, and in an amount authorized by the City Council in the annual City budget. This compensation will be provided for each year of full-time employment. For administration purposes, eligibility for these bonuses will be calculated according to the length of continuous, full-time employment as of the first (1st) of December for each year. Eligible employees will normally receive longevity bonuses in December of each year. (Ord. No. 3495; Ord. No. 3790 § 11, 3-3-92; Ord. No. 3920 § 1, 1-18-94)
SECTION 25-3.113. WORK OUT OF CLASSIFICATION.
Employees required to temporarily assume on a full time basis all responsibilities of an out of classification position for more than fourteen (14) consecutive calendar days shall be paid, after the fourteenth (14th) consecutive calendar day, the pay of the higher classification. (Ord. No. 3495)
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