Chapter 117 – Personnel Policies

Chapter 117

PERSONNEL POLICIES

ARTICLE I

General Provisions

Section 117.010. Disclosure of Personnel Policies. [Ord. No. 1987-230 §I, 12-1-1987; Ord. No.

1998-310 §I, 6-2-1998; Ord. No. 2007-390 §1, 4-17-2007]

  1. All employees of the City of Goodman shall be provided with a copy of the personnel

policies upon employment.

  1. All employees of the City of Goodman shall be provided with a copy of all revisions of and

amendments to the personnel policies.

Section 117.020. Personnel Policy Revision/Amendment Procedure. [Ord. No. 1987-230 §II,

12-1-1987; Ord. No. 1998-310 §II, 6-2-1998; Ord. No. 2007-390 §1, 4-17-2007]

All revisions of and amendments to the personnel policies stated herein shall only be made with

the majority approval of the Board of Aldermen.

Section 117.030. Probationary Period. [Ord. No. 1987-230 §III, 12-1-1987; Ord. No. 1998-310 §III,

6-2-1998; Ord. No. 2007-390 §1, 4-17-2007]

  1. All non-elected employees shall serve a probationary period of ninety (90) days from the

date of employment. All benefits begin after the probationary period.

  1. All non-elected employees transferred or promoted to a new position shall serve a

probationary period of sixty (60) days from the date of transfer or promotion.

Section 117.040. Hours of Duty. [Ord. No. 1987-230 §IV, 12-1-1987; Ord. No. 1998-310 §IV,

6-2-1998; Ord. No. 2007-390 §1, 4-17-2007; Ord. No. 2012-434 §1, 7-5-2011]

  1. Certain Officers, Employees.
  2. City Clerk: To work eight (8) hours per day Monday through Friday from 7:30 A.M. to

4:00 P.M. City Clerk will work additional hours as needed to perform duties with the

Mayor’s approval.

  1. Full-time employees: To work forty (40) hours per workweek.
  2. Part-time workers: To work as needed with approval of the supervisor and Mayor. A

part-time employee works anything less than twenty-eight (28) hours a workweek.

  1. Police Chief: To work forty (40) hours per workweek. Chief of Police to work additional

hours as needed to perform duties, subject to review by the Mayor.

  1. Police Officers: To work no more than one hundred seventy-one (171) hours during a

twenty-eight (28) day period as designated by Chief of Police. Police Officers to work

additional hours as needed to perform duties with the approval of the Chief of Police,

subject to review by the Mayor.

  1. Police reserves: Reserves are requested to volunteer a minimum of twenty (20) hours

monthly to keep their commissions active.

  1. Supervisor: To work eight (8) hours per day Monday through Friday from 7:30 A.M. to

4:00 P.M. The Supervisor will work additional hours as needed to perform duties of

position with Mayor’s approval.

  1. Workweek: Sunday through Saturday.
  2. Overtime Hours. [Ord. No. 2014-461 §1, 9-16-2014]
  3. The standard workweek for general employees other than department heads shall be

five (5) days and forty (40) hours. Salaried employees should work those hours

necessary to assure the satisfactory performance of their department but not less than

forty (40) hours per week. The salaried administrative employee shall assign to each

employee regular work duties and responsibilities that normally can be accomplished

within the established workday and workweek. However, occasionally some overtime

work may be necessary for proper performance of work duties and responsibilities.

For salaried administrative employees such overtime is considered part of their job

responsibility and does not justify overtime pay. When classified employees are

required to work extra or prolonged shifts, the department head shall authorize

overtime that shall be compensated by compensatory time off at the rate of one and

one-half (1 1/2) hours for each hour of overtime.

  1. Compensatory time off is not to exceed one hundred sixty (160) hours. If an

employee accrues over the one hundred sixty (160) hours, he or she will receive a

cash payout on his or her paycheck on June 16 and December 16 of any hours over

the one hundred sixty (160) hours. An employee will be allowed to carry over into the

next fiscal year one hundred sixty (160) hours.

  1. Accumulated compensatory time off shall be paid upon separation for any reason

including death of the employee. Compensatory time shall be paid on the last

paycheck issued to the employee by the City.

  1. All exempt employees from overtime hours will be given compensatory time off at

the rate of one and one-half (1 1/2) hours for each hour of overtime during

emergencies declared by the Federal Emergency Management Agency or the State

Emergency Management Agency.

Section 117.050. Holidays. [Ord. No. 1987-230 §V, 12-1-1987; Ord. No. 1998-310 §V, 6-2-1998; Ord.

No. 2007-390 §1, 4-17-2007; Ord. No. 2014-454 §1, 3-3-2014]

  1. All full-time City employees shall be granted the following holidays:
  2. New Year’s Day.
  3. Martin Luther King, Jr. Day.
  4. Presidents’ Day.
  5. Memorial Day.
  6. Independence Day.
  7. Labor Day.
  8. Columbus Day.
  9. Veterans Day.
  10. Thanksgiving Day and the day after.
  11. Christmas Eve (1/2 day).
  12. Christmas Day.
  13. When a holiday falls on a regular workday, the full-time employees, after their

probationary period, shall receive holiday pay. Full-time employees who work on any

holiday that falls on a regular workday shall receive a compensatory day off at some other

time at the employee’s choice, subject to review by the supervisor, Chief of Police and/or

the Mayor.

  1. In order to receive holiday pay, employees must work the scheduled workday preceding the

holiday and also the scheduled workday following the holiday. Exceptions to this

requirement are when an employee is on vacation, on funeral leave or on sick leave with a

doctor’s statement. This does not include any employee on Worker’s Compensation.

Section 117.060. Sick Leave. [Ord. No. 1987-230 §VI, 12-1-1987; Ord. No. 1998-310 §VI, 6-2-1998;

Ord. No. 2007-390 §1, 4-17-2007]

  1. Each full-time employee shall receive, after their probationary period, one-half (½) day of

sick leave for each full month employed with a maximum of six (6) days per year. Sick

leave can be carried forward into the new calendar year and accrued up to fifteen (15) days.

Paid sick leave only pertains as described under Section 117.060.

  1. Advance sick leave requests for doctor’s appointments, dentist’s appointments, etc., shall be

made to and approved by an employee’s immediate supervisor.

  1. Time off due to illness must be reported as soon as possible. Any employee injured on the

job must inform his/her supervisor before leaving his/her shift.

  1. An employee will be given leave under the guidelines of the Family and Medical Leave

Act of 1993.

  1. A doctor’s statement must be submitted by an employee to his/her supervisor anytime more

than three (3) consecutive days of sick leave is taken. This statement shall be submitted

upon return to work.

  1. Employees returning to duties after an injury or an extended illness must get a release from

their doctor.

  1. Employees terminated from the City forfeit all accrued sick leave.
  2. A record of all employee’s sick leave time accrued and used shall be maintained by the City

Clerk.

Section 117.070. Vacation Leave. [Ord. No. 1987-230 §VII, 12-1-1987; Ord. No. 1994-282 §VII,

12-20-1994; Ord. No. 1998-310 §VII, 6-2-1998; Ord. No. 2007-390 §1, 4-17-2007; Ord. No. 2014-462

  • §1 — 2, 9-16-2014]
  1. Full-time employees shall receive vacation leave as follows:
  2. One (1) workweek after one (1) year’s employment.
  3. Two workweeks after three (3) years’ employment.
  4. Three (3) workweeks after five (5) years’ employment.
  5. Four (4) workweeks after ten (10) years’ employment.
  6. A full-time employee shall receive vacation leave after his/her anniversary date.
  7. An employee may choose when he/she wants to take his/her vacation leave subject to

review by his/her superior and/or the Mayor to coordinate work schedules.

  1. Employees are encouraged to take time off for their vacation prior to their anniversary date.

If an employee is unable to use his vacation time before his anniversary date, the City will

buy back no more than forty (40) hours.

  1. A record of all employees’ vacation leave time accrued and used each year shall be

maintained by the City Clerk.

Section 117.071. Health Insurance Benefits. [Ord. No. 2007-390 §1, 4-17-2007]

All full-time employees will receive health insurance benefits after their probationary period.

Section 117.072. Retirement Benefits. [Ord. No. 2007-390 §1, 4-17-2007]

  1. Retirement benefits will be given at the discretion of the Board of Aldermen after

examining the prior year’s revenues. If the revenues exceed what was estimated in the

budget for the prior year, the Board of Aldermen may approve retirement benefits. The

benefit is paid into a deferred compensation plan for each employee. Employees can invest

in the deferred compensation plan themselves if they choose to.

  1. Only full-time employees who have worked one (1) full year prior to March first (1st) and

are employee by the City on March first (1st) will receive the benefit.

  1. Benefits will be paid as follows:
  2. One (1) to three (3) years of service will receive three percent (3%) of their prior

year’s wages.

  1. Three (3) to five (5) years of service will receive four percent (4%) of their prior

year’s wages.

  1. An employee who has worked five (5) years or more will receive five percent (5%) of

their prior year’s wages.

Section 117.080. Employee Dismissal and Grievance Procedure. [Ord. No. 1987-230 §VIII,

12-1-1987; Amended Ord. No. 1987-230 §VIII, 12-17-1991; Ord. No. 1998-310 §VIII, 6-2-1998; Ord.

No. 2007-390 §1, 4-17-2007]

  1. An employee, other than an elected official, may be suspended with or without pay by

his/her immediate supervisor with the consent of the Mayor in accordance with City

ordinances.

  1. An employee, other than an elected official, may be discharged by the Mayor with the

consent of a majority of the Board of Aldermen.

  1. An employee, other than an elected official, may be discharged by a two-thirds (2/3) vote

of the Board of Aldermen regardless of recommendation of the Mayor.

  1. Upon suspension pursuant to Subsection (A), the immediate supervisor of such employee

shall cause a written statement which contains the basis for the suspension to be delivered

to the City Clerk, the Mayor and the employee forthwith.

  1. The City Clerk shall cause the suspension to be placed on the agenda for the next regular

meeting of the Board of Aldermen for consideration and review.

  1. At the next regular meeting of the Board of Aldermen, the Board, in open or closed

session, shall review the written report of suspension and shall either within their

discretion:

  1. Vote to continue the suspension for a certain time; or
  2. Vote to dismiss such employee; or
  3. Vote to reinstate said employee, with or without back pay; or
  4. Take such action in regards to the employment status as the Board may deem just,

subject to City ordinances and State law.

  1. The Board of Aldermen, in making their decision in regards to such employee, are bound

only by State law which provides that an employee may be discharged for cause or no

cause at all.

Section 117.090. Employee May File Grievance. [Ord. No. 1987-230 §IX, 12-1-1987; Ord. No.

1998-310 §IX, 6-2-1998; Ord. No. 2007-390 §1, 4-17-2007]

  1. An employee who has a grievance in regards to his/her work condition, work load,

supervisor or with the City administration may file a report of such grievance with either

his/her supervisor, the City Clerk, the Mayor or directly with the Board of Aldermen

without fear of or jeopardizing his/her position, chances for promotion, salary

advancement, or fear of harassment.

  1. The Board of Aldermen shall be the final arbiter of such grievance.

Section 117.100. Equal Opportunity Employer. [Ord. No. 1987-230 §X, 12-1-1987; Amended Ord.

No. 1987-230 §X, 8-20-1991; Ord. No. 1998-310 §X, 6-2-1998; Ord. No. 2007-390 §1, 4-17-2007]

  1. The City of Goodman is an equal opportunity employer. It is the policy of the City that all

persons are considered for employment without regard to race, sex, religion, color or

country of origin.

  1. Without exception, considerations for employment by the City of Goodman are based

solely on education, aptitude, ability and experience.

Section 117.110. Bereavement Leave. [Ord. No. 1996-296 §XI, 3-5-1996; Ord. No. 1998-310 §XI,

6-2-1998; Ord. No. 2007-390 §1, 4-17-2007]

  1. In the case of the death of an employee’s spouse, parent, child, son-in-law, daughter-in-law,

brother, sister, brother-in-law, sister-in-law, grandparent, grandchild or the same relative of

the employee’s spouse, the employee will be allowed time off with pay for up to three (3)

consecutive days, one (1) of which must be the day of the funeral. Paid time off is not

permitted for days on which the employee is not scheduled to work. The object is to

provide pay for those scheduled workdays on which the employee will be away from work

attending the funeral or its arrangements.

  1. In the event of the death of any other relative of the employee or the employee’s spouse,

necessary time off with pay, not to exceed one (1) day, shall be allowed only when the

employee attends the funeral. Additional time off with pay may be granted when requested.

Such requests should be made to the Mayor who will determine the period of time off

allowed.

ARTICLE II

Drug Testing Policy

Section 117.120. Policy. [Ord. No. 2001-336, 9-18-2001]

  1. It is the policy of the City of Goodman, Missouri, 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 Workplace Act of 1988 and the Omnibus Transportation Employee Testing Act of

  1. It is also the policy of the City of Goodman, Missouri, to provide healthy, satisfying

working environments for its employees.

  1. To meet these goals, it is the policy of the City of Goodman, Missouri, 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 substances 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 their

duties.

Section 117.130. Purpose. [Ord. No. 2001-336, 9-18-2001]

The purpose of this policy is to assure worker fitness by 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. These

acts mandate urine drug testing and breathalyzer alcohol tests for safety-sensitive positions and

prevent performance of safety-sensitive functions when there is a positive test result. The Federal

law has also establishes standards for collection and testing of urine and breath specimens, the

reporting of certain drug-related offenses, protective measures for certain employees tested, for

the preservation of confidentiality and for certain reporting.

Section 117.140. Applicability. [Ord. No. 2001-336, 9-18-2001]

This policy applies to all safety-sensitive employees who perform safety-sensitive functions as

these persons and activities are defined in the Omnibus Transportation Employee Testing Act

and its implementing regulations including, but not limited to, persons who are required to

possess CDL license for the operation of a commercial vehicle, all law enforcement, emergency

services personnel and other safety-sensitive positions in the jurisdiction of the City of

Goodman, Missouri.

Section 117.150. Policy Administrator. [Ord. No. 2001-336, 9-18-2001]

  1. Unless otherwise designated by the Board of Aldermen of Goodman, Missouri, in writing,

the Mayor shall be designated as the controlled substance and alcohol policy Administrator

for the City of Goodman, Missouri. Any inquiries concerning his/her policy, its application,

its administration or its interpretation shall be made to the policy Administrator.

  1. The Mayor of Goodman shall designate a position to be identified to the public and to

employees whose incumbent is the primary person responsible for implementation and

administration of this policy under the supervision of the Mayor of Goodman, Missouri, if

the person is not the chief Administrator of the jurisdiction.

  1. The policy Administrator shall develop and maintain a current list of the positions that are

governed by this policy. The list shall be available for inspection in the City Hall offices of

the City of Goodman, Missouri. Individuals who are applying for positions with the City of

Goodman and affected employees shall be notified of the positions that are covered by this

policy.

  1. The policy Administrator shall develop all forms necessary to carry out the provisions of

this policy, unless the forms are provided under the Federal regulations. The forms shall be

provided to appropriate persons who are responsible for the implementation and

management of this policy.

Section 117.160. Alcohol and Controlled Substances Prohibitions. [Ord. No. 2001-336, 9-18-2001]

  1. An employee is prohibited from the operation of a commercial motor vehicle and/or from

engaging in any work-related functions for alcohol-related conduct:

  1. While consuming alcohol;
  2. While having a blood alcohol concentration of two hundredths (0.02) or greater;
  3. Within (4) hours of consuming alcohol;
  4. After refusing to submit to an alcohol test; and
  5. From consuming alcohol within eight (8) hours after an accident as specified in this

policy.

  1. An employee is prohibited from the unauthorized use of a controlled substance at any time,

whether on or off duty.

  1. An employee is prohibited from the unauthorized possession of alcohol while on duty and

of controlled substances at any time, whether on or off duty.

  1. Any employee convicted of illegal conduct related to controlled substances or alcohol or

who fails to report such a conviction to the policy Administrator shall be subject to

immediate termination from service.

  1. Any employee whose job performance requires the possession of a valid CDL and who

loses the CDL for a violation of or as a consequence of the law shall be subject to

disciplinary action up to and including termination from service. The employee shall notify

the policy Administrator and the employee’s immediate supervisor of the loss of the CDL.

Failure to notify the policy Administrator of the loss of the CDL shall result in immediate

termination from service.

  1. Any employee who is consuming a prescribed or authorized controlled substance or other

substance of any kind whose side effects may inhibit or impair the employee’s performance

shall provide written notice to the policy Administrator of such consumption upon

reporting to work and prior to engaging in any work-related activity, or earlier if possible.

Failure to report shall be cause for disciplinary action up to and including termination from

service.

Section 117.170. Controlled Substance and Alcohol Testing Provisions. [Ord. No. 2001-336,

9-18-2001]

  1. General. Employees subject to this policy shall be subject to controlled substances and

alcohol testing including the following types of tests: pre-employment testing, random

testing (except as provided herein), reasonable suspicion testing, post accident testing,

return to work testing, and follow-up testing to rehabilitation programs.

  1. Pre-Employment Testing. Pre-employment urine drug testing shall be required of all

applicants for positions covered by this policy as a condition of the application procedure.

Future employment as defined shall be considered as if the application was for original

entry into service for purposes of this policy. Receipt of satisfactory test results is required

prior to commencement of employment and/or engaging in safety-sensitive functions and

the failure of a controlled substance or alcohol test disqualifies an applicant from

appointment to employment for a period of at least one hundred twenty (120) days.

Evidence of the absence of controlled substances or alcohol dependency from a substance

abuse professional (SAP) and negative controlled substance and alcohol tests shall be

required prior to further consideration for any employment, including reports from prior

employers by an employee’s written authorization.

  1. Reasonable Suspicion Testing. Reasonable suspicion testing shall be used to determine

fitness for daily evaluations, including appropriate urine and/or breath testing, when there

are objective observable reasons to believe that a controlled substance or alcohol use is

adversely affecting an employee’s job performance or that the employee has violated this

policy. Reasonable suspicion referral for testing shall be made on the basis of documented

objective facts and circumstances which are consistent with the effects of substance use.

Reasonable suspicion observations and reports can only be made by supervisory or

management personnel who are trained to detect the signs and symptoms of controlled

substance and alcohol use and who may reasonably conclude that an employee may be

adversely affected or impaired in the employee’s work performance due to the use of the

controlled substance or alcohol. The observing supervisor or manager, whether or not the

person is the employee’s immediate supervisor, is required to complete the appropriate

required documentation concurrently with the observation and consideration to impose

reasonable suspicion testing.

  1. Reasonable suspicion testing shall be required and completed whenever possible within

two (2) hours of the observation, but in any case no later than before eight (8) hours after

the observation for breath alcohol testing and thirty-two (32) hours for controlled substance

testing.

  1. Post-Accident Testing. Post-accident testing shall be required to test employees after a

vehicle accident has occurred in which a fatality has occurred, or when a traffic violation is

issued after an accident, or testing may be required where injury to a person requires

transport to a medical treatment facility, or disabling damage to one (1) or more vehicles

requires towing from the accident site to occur. Testing shall include both breath alcohol

and urine drug testing of the employee(s). Post-accident testing shall be required and

completed whenever possible within two (2) hours after the accident occurrence, but in any

case no later than before eight (8) hours after the accident for breath alcohol testing and

thirty-two (32) hours for controlled substance testing. An employee involved in an accident

shall refrain from alcohol consumption for eight (8) hours following the accident.

  1. Random Testing. Random testing shall be conducted on all persons covered by this policy.

Random testing shall be unannounced and conducted unpredictable frequency throughout

the year using an established scientifically based selection method. Testing shall be

conducted whenever and as ordered by appropriate supervisory personnel, but no less

frequently than required by Federal law and regulations, and in such numbers as is

minimally determined under the regulations.

  1. Failure To Test. Any employee who fails to submit to the required testing under this policy

is considered to have tested positive and shall be subject to all of the consequences that

flow related to positive testing.

  1. Any employee ordered to test shall report immediately to the test site upon being ordered to

submit to testing. No delay of any type may be granted or taken. Delay in reporting by the

employee shall be treated as a refusal to test and shall subject the employee to all of the

consequences that flow related to positive testing. Failure to provide a sufficient sample or

for providing an unadulterated sample shall be considered as a refusal to test and shall

subject the employee to all of the consequences that flow.

Section 117.180. Disciplinary Issues. [Ord. No. 2001-336, 9-18-2001]

  1. Unless otherwise specified in this policy, the City of Goodman, Missouri’s policies related

to disciplinary action shall be followed when imposing discipline for violation of this

policy.

  1. The acceptance by an employee of the rehabilitation assistance plan and contract does not

serve as a bar to imposing disciplinary action related to violations of this policy.

  1. Any supervisor or manager who knowingly permits an employee to violate this policy or

engage in work activity while consuming alcohol or a controlled substance or fails to

enforce this policy shall be subject to immediate termination from employment.

  1. This policy does not displace any other penalties that may be imposed or be incurred as a

result of violation of City of Goodman, Missouri’s policy or State and Federal laws or as

provided in the Workers’ Compensation laws.

Section 117.190. Coordination With Other Laws and Policies. [Ord. No. 2001-336, 9-18-2001]

  1. This policy shall be administered in compliance with other Federal, State and local laws

related to employee health and welfare policies, leave policies, benefit programs and other

related policies of the City of Goodman, Missouri. In the case of apparent conflicts

between this policy, other polices and applicable laws, the policy Administrator shall make

the appropriate rulings to resolve the potential conflicts, whenever possible.

  1. In the event that any part of this policy is judicially determined to be in conflict with any

law or to be in violation of any law or is rendered ineffective because of some State or

Federal legislative enactment, that part(s) shall be void, but the remainder of the policy

shall remain in effect. Parts that are void or voided shall be replaced as soon as possible so

as to maintain the full effect of this policy and/or to bring it into compliance with relevant

laws.

Section 117.200. Amendments. [Ord. No. 2001-336, 9-18-2001]

This policy is subject to amendment by the City of Goodman, Missouri, from time to time.

Amendments that are made shall be provided to employees upon adoption and shall become

effective as provided by the policy Administrator.