Section 105-495; Ord. 18254; Amending Chapter 19 relating to personnel policies, procedures, rules and regulations


Ordinance No.           018254                       Council Bill No. B 314-04 A            


AN ORDINANCE

amending Chapter 19 relating to personnel policies, procedures, rules and regulations; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 19 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 19-81. Description.

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    (c)      Compensation of temporary and part-time employees. Temporary employees occupying classified or unclassified positions shall be employed within the pay ranges established by the city manager. If the duties and responsibility level of the temporary assignment closely parallel those of an established classification in degree and magnitude, then the salary range of the established classification shall be the basis for remuneration of the temporary classification. Temporary positions not paralleling full-time classifications shall have salary ranges established by the city manager.  Temporary employees are eligible for pay adjustments within the established pay ranges as allowed by the department head.

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Sec. 19-82. New appointees.

    (a)    Generally, a new permanent classified employee shall be paid the minimum rate of pay for the classification. Exceptions may be made with the approval of the director. For example, an exception may be made if the new employee exceeds the minimum qualifications or if the city has experienced difficulty in recruiting and retaining employees in the classification.

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Sec. 19-84. Promotions, reclassifications, changes in pay grade, and transfers and demotions.

     (a)    Promotion.  When an employee is promoted to a position in a higher class or when an employee's position is reclassified, the employee's salary rate of pay shall be increased to at least the minimum rate for the higher class new position. Employees promoted or transferred will immediately begin a qualifying period for the new position. Any employee who accepts an assignment in a lower classification carrying a lower rate than the rate received at the time of assignment shall receive the rate established for the classification to which the employee is transferring. A transferring employee may receive a pay rate equal to an amount commensurate with the length of continuous city employment contingent upon budgetary conditions, department head request, and the director's review of the situation. In the event the employee does not satisfactorily complete the qualifying period, the employee shall, unless the qualifying period is extended, revert to his/her previous position within the prevailing rate of pay for the position, provided a position is available.

     (b)    Upward reclassification.  When an employee’s position is reclassified to a classification in a higher pay grade, the employee’s rate of pay shall be increased, if necessary, to fall within the pay range of the new position.  Subject to any guidelines established by the city manager, the department head, with the approval of the director, may increase the reclassified employee’s rate of pay to any amount within the pay range of the new position.

     (c)    Downward reclassification.  When an employee’s position is reclassified to a classification in a lower pay grade, the employee’s rate of pay shall not be lowered.  If, after reclassification, the employee’s rate of pay is higher than the maximum for the pay grade, the employee’s rate of pay shall remain unchanged and shall not be increased before the maximum for the pay grade is increased to exceed the employee’s rate of pay.

     (d)    Upward change in pay grade.  When a classification is placed in a higher pay grade, the rate of pay of employees in that classification shall not automatically be increased, except that the rate of pay of employees paid below the minimum of the new pay grade shall be increased to the minimum of the new pay grade.

     (e)    Downward change in pay grade.  When a classification is placed in a lower pay grade, the rate of pay of employees in that classification shall not be lowered.  If, after the classification is placed in a lower pay grade, an employee’s rate of pay is higher than the maximum for the pay grade, the employee’s rate of pay shall remain unchanged and shall not be increased before the maximum for the pay grade is increased to exceed the employee’s rate of pay.

     (f)    Transfers.  When an employee is transferred, the employee’s rate of pay shall be adjusted, if necessary, to fall within the pay range of the new position.  Subject to any guidelines established by the city manager, the department head, with the approval of the director, may increase the transferred employee’s rate of pay to any amount within the pay range of the new position.
     (g)     Demotions.  When an employee is demoted (voluntarily or as a result of disciplinary actions or reductions in departmental operations), the employee’s rate of pay shall be lowered, if necessary, to fall within the pay range of the new position.

Sec. 19-85. Pay schedules.

    (a)     The pay of permanent city employees shall be on the basis of established schedules of salaries for their respective classifications. An allocated salary rate may consist of an entrance rate, intermediate rates, and a maximum rate or a flat rate depending on the nature of the needs of the classification as established by the city manager. The salary rates prescribed are based on full-time employment at normal working hours for the respective classes. The salaries of supervisory, professional and administrative positions are fixed according to responsibilities to be fulfilled and are not based on a fixed number of hours of work per week and shall not be adjusted with variations in work schedules. All permanent full-time classified employees shall be paid within the salary range prescribed in the pay plan for their respective job classification. The minimum and/or maximum salaries established for a particular classification shall be changed by city council action only.

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Sec. 19-86. Special salary provisions Step-up pay; multiple positions.

    (a)     Step-up pay. When an permanent or temporary employee other than a fire department emergency service employee, is required to assume the full responsibilities of a higher level budgeted position, either in the absence of the higher level employee, or on a special assignment of the department head, for at least one (1) full shift or working day, the employee shall be paid at the entrance (base) rate of the higher level position or five (5) per cent above the employee's present rate, whichever is greater, while so assigned. Eligibility for step-up pay extends down to half shifts or half work days when the previous full shift or work day was staffed by a stepped-up employee.

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     (b)    Promotions, reclassifications and transfers. When an employee is promoted to a position in a higher class or when an employee's position is reclassified, the employee's salary shall be increased to at least the minimum rate for the higher class. Employees promoted or transferred will immediately begin a qualifying period for the new position. Any employee who accepts an assignment at a lower rate than the rate received at the time of assignment shall receive the rate established for the classification to which the employee is transferring. A transferring employee, if fully qualified for the new position, may receive a pay rate equal to an amount commensurate with the length of continuous city employment contingent upon budgetary conditions, department head request, and the director's review of the situation. If the employee does not satisfactorily complete the qualifying period, the employee shall, unless the qualifying period is extended, revert to his/her previous position, provided a position is available at the time.
     (c)     Demotions. When an employee is demoted to a lower class position, the employee shall be paid at a rate which is within the approved range for the lower level position. Demotions may occur as a result of: disciplinary actions, inadequate general performance, or cut-back in departmental operations (not to be confused with downward reclassification, section 19-54(d)).

    ( db)    Policy against employment in multiple positions; exceptions. It shall be the policy, insofar as possible, to employ individuals in not more than one permanent position at one time. Exceptions to this provision must have the written approval of the director and the city manager. (See administrative rules for further clarification.)

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Sec. 19-87. Merit increases.

    (a)    Advancement to a higher salary rate within an established salary range shall be called a merit increase. The salary of each permanent classified employee shall be reviewed by the department head in conjunction with performance evaluations for the purpose of determining eligibility for salary increase. All personnel records, attendance, citations, and length of service shall be considered in making recommendations with major emphasis placed on the evaluation of efficiency and effectiveness of performance of services rendered. After the above analysis by the department head, and subject to the review of the director, an permanent classified employee may be entitled to upward salary adjustments until the established maximum salary for the classification has been reached.

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    (e)    Service requirements for advancement within pay ranges and for other purposes as specified in these regulations, shall have the implication of continuous full-time service, which means employment in the city service without break or interruption, such as resignation, leave without pay for more than two (2) calendar weeks, unauthorized leave, extended military leave, and so forth.

Sec. 19-88. Cash bonus payments Additional payments.

    (a)    The city manager may authorize cash bonus additional payments to employees:

    (1)    In lieu of or in addition to merit raises;

    (2)    For instances of exceptional performance;

    (3)    For successfully assuming additional and/or advanced responsibilities on a temporary basis;

     (4)    For providing a suggestion which results in significant cost savings; and/or;

    (5)    For working significantly and meritoriously beyond the normal work schedule and being ineligible for formal overtime remuneration.

    (b)      Every six (6) months the city manager shall provide the council with a concise summary of any special increases granted within the context of this section.

     (c)     Such payments shall not exceed ten (10) per cent of the employee's annual prevailing rate of pay without the approval of the city council.

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Sec. 19-96. Overtime.

    (a)     Positions eligible for overtime pay shall be designated on the classification plan and the pay plan.

    (b)     Work periods for city employees are defined as follows:

    (1)    Fire department shift employees shall work a twenty-seven-day work period (fifty-six (56) hours per week average) and shall be paid at the overtime rate (or compensatory time in accordance with FLSA standards) for all hours worked in pay status in excess of two hundred four (204) hours during the work period.

    (2)    Police officers and sergeants shall work a twenty-eight-day work period and shall be paid at the overtime rate (or compensatory time in accordance with FLSA standards) for all hours worked in pay status in excess of one hundred seventy (170) hours during the work period.

    (3)    Airport fire/safety officers shall work a fourteen-day work period and shall be paid at the overtime rate (or compensatory time in accordance with FLSA standards) for all hours worked in pay status in excess of eighty (80) hours during the work period.

    (4)    All other overtime eligible employees shall work a seven (7) day work period beginning midnight on Sunday morning and shall be paid at the overtime rate (or compensatory time in accordance with FLSA standards) for all hours worked in pay status in excess of forty (40) hours during the work period; except, however, the city manager may establish work periods beginning on a day and time other than Sunday midnight for any group of employees working in any facility requiring twenty-four (24) hour day, seven (7) day a week staffing.

    (c)    Overtime work shall be kept to a minimum, and in order to be considered as overtime, the work and the time of doing it must have been assigned by the employee's department head or duly authorized supervisor.

    (d)     Time in pay status shall be considered time worked for purposes of overtime eligibility.

    (e)     The positions of those city employees and officials excepted from the payment of overtime:

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    (f)     Employees in positions not eligible for overtime pay:

    (1)    Shall not be specifically compensated for overtime in either money or compensatory time.

    (2)    Shall be expected to average at least forty hours per week.

    (3)    May have their contributions to the development and accomplishment of departmental goals evaluated in terms of total performance, output, effectiveness, and achievement rather than on adherence to set specific working hours.

    (4)    Shall, at the discretion of the department head, not be held rigidly to the established city schedule of leave accumulation and usage. Time absent from work and deviations from the official work hours of the employee's department must be with the approval of the employee's department head who shall have the responsibility for evaluating the employee's performance and justifying permitted deviations from established hours of work and earned leaves.

    (g)     The City does not make deductions from the salaries of exempt employees because of variations in the quality or quantity of work performed.  Rather, unsatisfactory quantities or quality of work are addressed through regular performance management methods including the evaluation and discipline processes.  The City also does not make deductions from exempt employees’ salaries for any of the following:

     1.    Absences of less than a full workweek occasioned by the City;

     2.    Absences of less than a full workweek caused by jury duty, or attendance as a witness in a judicial proceeding, or due to temporary military leave (although the City may offset against the regular salary any amount paid as jury, witness or military pay); and

     3.    Approved partial day absences for personal reasons.

Based on principles of public accountability which require that employees not be paid for time not worked, deductions from an exempt employee’s salary will be made in the following circumstances:

     1.    Full-day and unapproved partial day absences for personal reasons other than sickness or disability;

     2.    Full-day and partial day absences caused by sickness or disability if the employee is not yet eligible for paid leave or paid leave has been exhausted under the City’s sick leave or other policies providing pay for those absences;

     3.    Hours taken as unpaid leave under the Family and Medical Leave Act (FMLA);

     4.    Disciplinary suspensions of one or more full days for infractions of written workplace conduct rules;

     5.    All disciplinary suspensions for infractions of safety rules of major significance; and

     6.    Where an exempt employee works less than a full workweek in the initial or final week of employment or due to a budget-required furlough (exempt employees who work less than forty (40) hours during their first or last week of employment or due to a furlough will be paid a proportionate part of their full salary for the time actually worked).

     (h)    Any exempt employee whose salary has been subject to improper deductions should promptly report the problem to the director.  Any improper deductions will be reimbursed, and there will be no retaliation against any employee.

    ( i)    Overtime assignments will be distributed as equally as practicable among members of each overtime equalization unit. Such overtime equalization units shall consist of the qualified employees in a job classification or employee work group. No employee will be given an overtime assignment unless he is qualified to perform it. The department head or supervisor shall maintain a roster showing the overtime hours worked by employees in each overtime equalization unit, or work group. If an employee refuses an overtime assignment he will be credited, for purposes of overtime equalization, with the number of hours refused.

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Sec. 19-101. Shift differential.

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    (e)     Part time or tTemporary employees are not eligible for shift differential pay.

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Sec. 19-104. Tools and personal protective equipment.

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    (b)     Personal protective gear. Department heads may at their discretion require that employees wear safety boots and/or glasses which meet departmental safety standards (as defined by the department head and coordinated with the director). When additional protective footwear is required of current employees, the department head may aid in securing appropriate and approved safety boots or shoes by reimbursing the employee for the safety-portion cost of the footwear up to a maximum of seventy-five dollars ($75.00) per individual per year. Persons having medical exemption from wearing steel-toed safety boots may apply the allowance toward an approved, nonsteel toed waterproof boot. Department heads may likewise establish policies concerning needed eye protection, and allowing up to a maximum of fifty dollars ($50.00) per person per year for safety glasses (plainos, tinted, peripheral protection, and/or safety prescription lenses). Employees become eligible for this benefit upon completion of their probationary/qualifying period. The city will allow eligible employees to have a four-year accumulation of the safety shoe allowance.

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Sec. 19-110. General benefits.

    (a)      Employee health care plan. The city shall pay into the employee benefit fund three hundred thirty-one dollars and thirty-two cents ($331.32) three hundred eighty-one dollars and four cents ($381.04) per month (or the total cost of the employee's health care plan coverage, if less) toward the cost of employee health care plan coverage of each eligible permanent employee who participates in the plan. These payments by the city shall begin when the employee becomes an eligible employee under the health care plan and end at the date of the employee's termination of employment with the city. Employees choosing not to participate in the health care plan shall not be entitled to receive the amount the city would have contributed toward the cost of such employees' health care plan coverage.

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    (c)      Retirement systems. All permanent employees, except employees hired as full-time, regular firefighters or railroad operations employees are required to participate in the Federal Social Security System immediately upon appointment to city employment. All employees, except full-time regular firefighters, and full-time regular police officers, and railroad operations employees, working one thousand five hundred (1,500) hours or more in a calendar year shall participate in the Missouri Local Government Retirement System (LAGERS). Participation in LAGERS for eligible employees begins following completion of the first six (6) months of city employment. Full-time regular firefighters and full-time regular police officers participate in the retirement plans set out in Chapter 18 of this code.  Railroad operations employees are covered by the Railroad Retirement Act of 1974.

    (d)      Deferred compensation.

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    (3)    The city shall contribute to the deferred compensation plan account selected by each employee covered by the Railroad Retirement Act of 1974 an amount equal to eight and three-tenths (8.3) nine and eight tenths (9.8) per cent of the employee's total compensation.

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Sec. 19-112. Performance improvement evaluations Unclassified employee’s benefits.

    The city manager shall evaluate unclassified employees other than the city clerk at least annually. In making these evaluations, the city manager shall consider the following: total performance; extent and finality of responsibility; diversity, difficulty and impact of the individual's work. The city manager shall, based on such evaluation, determine the salary to be paid an unclassified employee, which salary shall be within established salary ranges for that employee's position. The city manager shall, in addition, have discretionary authority to make available additional fringe benefits to unclassified employees on an individual basis, which may include additional leave accrual and limits, increased insurance coverage, deferred compensation allowance, severance pay, vehicle allowance and similar fringe benefit considerations as are appropriate in the individual circumstances. The city manager shall forward his recommendations to notify the city council of such fringe benefits. These recommendations benefits shall take effect after the next regular council meeting, unless the city council objects to the proposed benefits shall ask for an executive session with the city manager.

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Sec. 19-121. Holidays.

    Following local and national custom in order to allow city employees to celebrate certain holidays by having a day off work without loss of pay, the following provisions shall apply:

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    (d)     Overtime eligible Eemployees shall be eligible for a holiday only when they are in pay status the entire working day or shift preceding and following the holiday.

    (e)     Holiday leave shall not be combined with other leaves or other forms of paid absence to increase the compensation due when a holiday occurs. Employees shall not take compensatory time off or vacation leave on a holiday or a day that is treated as a holiday pursuant to this section. If an employee is sick or otherwise on injury leave or emergency leave on a holiday or a day treated as a holiday pursuant to this section, the employee shall not be charged with or paid for a sick day, injury day or emergency leave day, but rather shall be paid only for the holiday.

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Sec. 19-122. Leave of absence without pay.

    (a)    A leave of absence without pay is a predetermined amount of time off from work, which has been requested by the employee, recommended by the employee's department head and approved by the director. Such leave shall not extend beyond six (6) months, but may be extended with the written approval of the department head.   An employee must use all accumulated eligible leave accruals before beginning a leave of absence.

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    (f)    During the leave of absence without pay, the employee:

    (1)    Does not receive pay from the city;

    (2)    Does not accrue any leave;

     (3)    Must utilize all accumulated eligible leave accruals (except in case of disciplinary action when such leaves may not be used to offset the action);

    ( 43)    Cannot pay retirement contributions if the leave exceeds one month in duration;

    ( 54)    Must pay total group hospitalization and life insurance premiums falling due during any month the employee is not on the payroll;

    ( 65)    Shall not receive any other benefits during the period of absence;

    ( 76)    Shall, upon return to active duty, carry over accrued and unused sick leave earned prior to commencement of the leave without pay.

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Sec. 19-123. Occupational injury leave.

    (a)    An employee injured while performing assigned duties shall be entitled to the provisions of the worker's compensation act.

    (b)    An employee injured on the job who draws pay in accordance with the worker's compensation act shall have related absence charged against appropriate accrued paid leave (vacation, sick, floating holidays, etc.) on a prorated basis to offset the difference in pay between the worker's compensation payment and regular city pay. (See on-the-job injury procedures in the administrative rules.)

    (c)    No employee on occupational injury leave shall receive a combination of worker's compensation and leave pay paid leave in excess of regular full pay.

    (d)    Length of authorized occupational injury leave shall be determined on an individual case basis by the department head and the director, in consideration of staffing needs of the department, extent and degree of impairment, employee's eligibility for disability retirement and similar factors.

    (e)    Individuals may be eligible for leave of absence without pay provisions upon the recommendation of the department head upon expiration of accrued paid leaves. (Note: See section 19-130(p) for police and fire injury leave provisions.)

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Sec. 19-128. Pregnancy/disability leave.

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    (c)     While a leave of absence without pay may be granted for a predetermined time to allow for prenatal necessities and postnatal child care, sick leave shall be granted only for such time as the woman is determined medically unable to complete the duties of her position by the city's medical advisor employee’s physician.

    (d)     The provisions of this section shall be subject to and adjusted in conformity with subsequent legislation and /or court rulings.

Sec. 19-129. Vacation leave.

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    (d)     All employees shall accrue vacation leave from the date of hire into a permanent position and shall be eligible to use vacation leave after six (6) months of employment.   Permanent part-time employees shall accrue leave on a prorated basis.

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    (j)     An employee must be actually engaged in performing assigned duties or on authorized accrued, paid leave in order to accumulate vacation leave. An employee in a non-pay status such as leave of absence, shall not accumulate vacation leave for the duration of the leave.
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Sec. 19-130. Sick leave.

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    (d)     An employee must be actually engaged in performing assigned duties or on authorized accrued paid leave to accumulate sick leave.

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    (p)     Employees working in bona fide, full-time police and fire-fighting classifications may be entitled to receive separate injury leave in addition to sick leave allocations provided the employee is injured while performing assigned duties, as herein provided:

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    (9)    Injury day leave provisions shall not be retroactive but shall be in effect only subsequent to adoption by the city council.

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Sec. 19-158. Acting appointments.

    When a vacancy shall occur exists in a position and the department head is not prepared which, from the standpoint of the city's business, cannot be left vacant for any but the shortest time and when no suitable list of certified candidates exists for selection, or for some other reason it is not feasible to make a permanent appointment to fill the position thereto, the department head may appoint an employee to fill the position on a temporary basis in an acting capacity. The duration of such an appointment shall be only until a permanent appointment subject to standard procedures can be made and shall not exceed six (6) months without written authorization of the city manager.  The employee shall be paid at the minimum rate of pay for the position or five percent (5%) more than the employee’s current rate of pay, whichever is higher.  The employee may be paid at a higher rate of pay with the written authorization of the city manager.

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Sec. 19-167. Part-time Temporary appointments.

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    (b)    Former part-time temporary employees may be rehired without certification by the human resources department provided the human resources department is notified accordingly. All part-time, temporary, and seasonal appointments shall be coordinated through the human resources department.

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Sec. 19-193. Dismissal.

    At any time during the probationary or qualifying period, the department head may remove an employee, if, in his/her the department head’s opinion, such employee is unable or unwilling to perform the duties of the position satisfactorily or the employee's attitude, habits or dependability do not merit continuation in the service. An employee removed during the probationary or qualifying period cannot appeal such removal to the personnel advisory board. Employees promoted or transferred into a position who do not successfully complete a qualifying period may be demoted into their previous or similar classification, provided such position is available (vacant) and is authorized in the budget, or may at the request of the department head be authorized and established by the city manager as a temporary position. If such a position is not available, the employee may be placed on priority reemployment or transfer certification lists for recommendation of the department head.


    SECTION 2.  This ordinance shall be in full force and effect from and after October 1, 2004.

    PASSED this 20th day of September, 2004.