Section 107-599; Ord. 19230; Amending Chapter 19 of the City Code as it relates to personnel policies, procedures, rules and regulations


Ordinance No. 19230                            Council Bill No. B 385-06

     AN ORDINANCE

amending Chapter 19 of the City Code as it relates 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. 19-53. Classification reviews.

    (a)      If the director believes the classification of a position should be changed, the director shall have a complete description of the position prepared. The director shall review the position description and, after discussing the matter with the affected employee and the employee's department head, make any recommended change in classification to the city manager.  All permanent city positions will be reviewed for appropriate classification on a schedule to be determined by the city manager.

    (b)      If a department head believes a position is improperly classified, the department head shall prepare a position description and submit the description and justification for reclassification to the director. The director shall discuss the matter with the department head and affected employee and make a recommendation to the city manager. If a department head wishes to change the duties of a position to the extent that a reclassification of the position would be required, the department head shall prepare a position description containing the proposed changes. The department head shall submit the description and justification for reclassification to the director for review and recommendation to the city manager.  Reorganization, reclassification, new classification and special requests will be reviewed by the director on an annual basis, normally during preparation of the annual budget.

     (c)    If an employee believes the employee's position is improperly classified, the employee may request the director to review the position. The request shall be in writing and shall explain in detail the facts upon which the request is based. The director shall request the employee's department head to comment on the employee's request. The director shall review the position and make a recommendation to the city manager.

    ( dc)    Reclassification recommendations shall normally be considered by the city manager during preparation of the annual budget. The city manager may, however, consider reclassifications at any time. The city manager shall not reclassify a permanent position unless the city council has provided for the reclassified position in the authorized personnel section of the annual budget.

. . .

Sec. 19-87. Merit increases.

. . .

    (d)     Required minimal performance and /or salary reviews (as prescribed by the city manager for a given classification) shall be conducted as follows:

     (1)    Employees, other than police officers and firefighters, shall receive performance and/or salary reviews, or salary reviews, or both at mid-point and completion of probationary and qualifying periods, on the first day of the pay period one (1) year after completion of the probationary/qualifying period, then annually thereafter.

     (2)    Police officers shall receive annual performance reviews on the anniversary of their every six (6) months for three (3) years from date of hire, then annually thereafter.  Police officers shall serve an eighteen (18) month probationary period.  Merit pay increase eligibility begins one (1) year from date of hire, then annually thereafter.

     (3)    Firefighters shall receive performance reviews every six (6) months during the eighteen (18) month probationary period. Merit pay increase eligibility begins one (1) year from date of hire and annually thereafter.

. . .

Sec. 19-96. Overtime.

. . .

    (g)     The city does not make deductions from the salaries of overtime 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 overtime 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 overtime exempt employee's salary will be made in the following circumstances:

. . .

    (6)    Where an overtime exempt employee works less than a full workweek in the initial or final week of employment or due to a budget-required furlough (overtime 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 overtime 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.

. . .

     (j)    Overtime eligible police officers shall be paid at the overtime rate for court appearances and emergency call-outs that occur during scheduled time off regardless of whether they would otherwise be entitled to overtime pay.

. . .

Sec. 19-100. Meal allowance; job site meal compensation.

    (a)    Except as otherwise indicated, an employee shall be allowed a maximum reimbursement of seven dollars and fifty cents ($7.50) for a meal after having worked a continuous two (2) hours in excess of the employee's regular eight (8) hour shift without time off for meals. An additional maximum meal reimbursement of seven dollars and fifty cents ($7.50) will be allowed for every five (5) consecutive hours worked thereafter. Time for the meal shall not exceed thirty (30) minutes, will be counted as working time and will be at a place designated by the supervisor. Individuals on continuous ten (10), twelve (12), sixteen (16) or twenty-four (24) hour shift assignments shall be exempt from this provision. Eligible fire department employees on a fifty-six (56) hour week schedule shall be allowed twelve dollars ($12.00) per day for meal allowance for days actually worked.  Eligible airport fire/safety officers on a sixteen (16) hour shift assignment shall be allowed eight dollars ($8.00) per day for meal allowance for days actually worked.

. . .

Sec. 19-101. Shift differential.

    (a)     All overtime eligible city employees assigned to second, third, split shift or rotating relief shifts shall be paid a shift differential of sixty-five cents ($0.65) per hour. Employees regularly scheduled to work three (3) or more different shift schedules each pay period shall be paid the shift differential for all shifts.

    (b)     All classified employees regularly scheduled for second , or third, split or rotating relief shift work will receive shift differential for all authorized paid absences including payment for unused accruals.

. . .

Sec. 19-103. Professional dues and licensing fees payment.

    Employees may, with the approval of their department head, have professional organization dues payments made by the city provided:

    (1)    The membership benefits the employee in completing assigned duties and responsibilities;

    (2)    The professional dues payment is not of a career licensing or certification nature, such as professional engineer, registered nurse, bar association and similar situations.

     (a)    The city shall pay the job-related professional organization dues of city employees when approved by their department head.

     (b)    The city shall pay fees for professional and other licenses required by employee job descriptions other than basic drivers licenses.

. . .

Sec. 19-110. General benefits.

    (a)     Employee health care plan. The city shall pay into the employee benefit fund four hundred fifty-seven seventy-four dollars and twenty-four seventy-six cents ($457.24 474.76) 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.

. . .

Sec. 19-113. Reimbursement for use of personal vehicles.

    (a)     Mileage reimbursement for those employees who are occasionally required to drive their own cars will be the current mileage reimbursement rate established by the Internal Revenue Service , minus two cents ($0.02) per mile, subject to reporting procedures established by the city manager.

    (b)     Employees who are required to own and use their own vehicle as a condition of employment will be paid a monthly amount starting October 1, 1994, equal to their latest reported twelve-month mileage, less the mileage of one (1) daily round-trip home, based on two hundred forty (240) workdays per year times the current mileage reimbursement rate established by the Internal Revenue Service per mile divided by twelve (12) months per year. The city will pay any required equipment installation, no more than one (1) time in any fiscal year. A mileage report will be kept and an annual adjustment will be made for mileage in excess of the base amount. The following year the base amount will be adjusted in accordance with the prior year's actual experience.

    (c)     Employees in the classification of superintendent or above who arerequired to own and regularly use a vehicle in the course of their employment will receive a vehicle allowance of up to two hundred twenty-five fifty dollars ($225.00 250.00) per month, as determined by the department head. Such employees who drive more than eight thousand four hundred (8,400) miles per year on city business will be required to keep a daily mileage report for review by their department head. An annual adjustment will be made in those employees' monthly allowance for mileage over eight thousand four hundred (8,400) miles per year at the current mileage reimbursement rate established by the Internal Revenue Service per mile. Department heads are authorized to decide which of their employees shall fall under this policy and which shall retain the use of a city vehicle.

    (d)     Each full-time unclassified employee may receive a vehicle allowance of up to three hundred fifty seventy-five dollars ($350.00 375.00) per month at the discretion of the city manager, based on the employee's need to use a personal vehicle in connection with the employee's job. The city manager shall receive a vehicle allowance equal to that received by the department head receiving the highest vehicle allowance. When such employees leave Boone County on city business, the city shall reimburse the employees at the current mileage reimbursement rate established by the Internal Revenue Service, minus two cents ($0.02), for trips with total mileage of more than fifty (50) miles.

. . .

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:

. . .

    (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 on sick leave or on emergency injury 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 leave or day, injury leave day or emergency leave day, but rather shall be paid only for the holiday.

. . .

Sec. 19-129. Vacation leave.

. . .

    (k)    An employee may donate accrued vacation leave to another employee with the prior approval of the city manager, provided that the employee receiving the donation is unable to work because of a Family and Medical Leave Act qualifying condition and has exhausted all eligible accrued leaves. Each hour of donated leave shall be considered an hour of leave the employee receiving the donation has accrued and shall be accounted to the employee receiving the donation at that employee's rate of pay.  Unused donated hours will be maintained in a pool to be distributed to eligible employees according to procedures established by the director.  Employees may also donate accrued vacation leave to the pool in lieu of losing vacation time under the maximum accrual restrictions.

Sec. 19-130. Sick leave.

    (a)     Sick leave shall be earned and accumulated by pay periods according to the following chart:


Earned per Year
Maximum Accrual
General employees
18 days
Unlimited
56-hour employees
10 days
Unlimited

    (b)     Sick leave shall be granted to an employee only for the following:

    1.     when the employee is unable Inability to perform duties because of personal sickness, or injury, city job-related disability or exposure to contagious disease that could be transmitted to others on the job.; except that, an employee shall be granted sick leave for necessary medical, dental, and optical examination and treatment, and for counseling; provided that, sick leave granted for such purposes shall not exceed the actual time necessary for examination or treatment and reasonable travel time (as determined by the department head). (See paragraph (j) of this section.)

2.    Necessary medical, dental and optical examination and treatment, and counseling for the employee and immediate family.  "Immediate family" as used in this section means the employee's spouse, child, mother, father, or other relative or member of the immediate household permanently residing under the same roof.  Sick leave granted for such purposes shall not exceed the actual time necessary for examination or treatment and reasonable travel time as determined by the department head.

3.    Illness in the employee's immediate family if no one else is available to care for the individual involved.  

4.    Illness in the employee’ s immediate family requiring in-patient care when all of the employee’ s eligible accruals have been exhausted such as vacation, floating holiday, compensatory time, etc.

5.    Birth or adoption of a child.  Generally, the employee will be allowed up to 240 hours of sick leave for this purpose.

6.    Attending the funeral of the employee’ s spouse, child, parent, step-parent, sibling, grandparent, grandchild, first aunt or uncle, immediate in-laws, or member of the immediate household who has permanently resided under the same roof; or for providing pallbearer services (except for hire or as a public service) if the employee had such services verified and approved by the department head before the scheduled funeral. Note: Travel time for pallbearer activities shall not be granted from sick leave accruals. Generally, the employee will be allowed up to twenty-four (24) hours of sick leave per funeral.  Determination of eligibility for sick leave use to attend a funeral shall be made by the department head or duly authorized supervisor, exercising reasonable discretion.

     7.    Extreme, extenuating circumstances which threaten the health or welfare of the immediate family such as: household fire or automobile accident. Sick leave may not be used for transportation problems, home repairs, babysitting problems, or similar reasons.  Determination of eligibility for sick leave use shall be made by the department head or duly authorized supervisor, exercising reasonable discretion.  Additional time, if needed and approved, may be allowed from eligible accruals, or pursuant to leave of absence without pay provisions if all eligible accruals are exhausted.

. . .

     (j)     Sick leave may be taken upon accumulation for the following reasons: Any illness an employee may contract; or any exposure to contagious disease he/she may experience in which the health of others may be endangered by attendance at duty; or any city-connected disability; and for emergency leave purposes. (See section 19-131, emergency leave.)

    ( kj)     Sick leave may be used only with the permission of the employee's duly authorized supervisor. This provision shall apply to all other sections of this plan.

    ( lk)     Employees shall notify their supervisor that they will be unable to work before their normal work day begins, pursuant to specific departmental rules concerning deadlines for such notification.

    ( ml)     Use of sick leave shall be extended by the city for proper cause and concern for the employee's future welfare as a city employee; and it is not an inherent right of the employee to be absent from work. As such, identifiable misuse of sick leave shall be just cause for not extending this benefit and abuse shall be just cause for dismissal.

     (nm)     Individuals injured in the course of employment with another employer shall not be eligible for use of sick leave accruals for the purpose of recovering from such situations. Employees involved in such circumstances may be eligible for leave of absence provisions of these rules and regulations.

    ( on)     Except as may be provided in departmental rules and upon the approval of the city manager, employees who claim sick leave and are concurrently gainfully employed, selfemployed or otherwise, shall not be eligible for sick leave; and if they are to remain employed, must request, and have approved, a leave of absence without pay (provided that they have exhausted compensatory and vacation time all eligible accruals).

    ( po)     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:

. . .

    ( qp)     Sick leave buy back:

     (1)     Eligibility. A permanent employee who, at the end of a fiscal year, has accumulated unused sick leave equal to or in excess of the regular hours the employee normally works in a twenty-six week period (for example, one thousand forty (1,040) hours for an employee on a forty-hour workweek) shall be eligible to participate in the city's sick leave buy back program for the following fiscal year. To be eligible a person must still be employed by the city on the first day of the new fiscal year.

     (2)     Buy back provisions. The city, upon the written request of an eligible employee, shall buy back up to one hundred (100) per cent of the total unused sick/emergency leave accumulated by the employee during the preceding fiscal year which is in excess of the minimum required for eligibility. For each hour of sick leave bought back by the city, the employee shall receive seventy-five (75) per cent of his hourly rate of pay in effect at the time that the sick leave buy back check is written or, in the case of a former employee, the former employee's final rate of pay. The employee's total accumulated sick leave time will be reduced by the number of hours of sick leave sold back to the city.

. . .

Sec. 19-131. Emergency leave Reserved.

    An employee may, with the written approval of the employee's department head, be given a maximum of six (6) working days (three (3) shifts for fifty-six (56) hour employees) per city fiscal year with pay, charged against the employee's sick leave accrual, specifically for:

    (1)    Attending the funeral of the employee's spouse, child, parent, step-parent, sibling, grandparent, grandchild, first aunt or uncle, immediate in-laws, or member of the immediate household who has permanently resided under the same roof; or for providing pallbearer services (except for hire or as a public service) if the employee had such services verified and approved by the department head before the scheduled funeral. Note: Travel time for pallbearer activities shall not be granted from sick leave accruals.

    (2)    Illness in the employee's immediate family, if no one else is available to care for the individual involved. "Immediate family" means the employee's spouse, child, mother, father, or other relative or member of the immediate household permanently residing under the same roof.

    (3)    Extreme, extenuating circumstances which threaten the health or welfare of the immediate family such as: household fire or automobile accident. Emergency leave may not be used for transportation problems, home repairs, babysitting problems, or similar reasons. Determination of eligibility for emergency leave use shall be made by the department head or duly authorized supervisor, exercising reasonable discretion consistent with the guidelines set forth in this section. Additional time, if needed and approved, may be allowed from vacation accruals, or pursuant to leave of absence without pay provisions if vacation time is exhausted. An employee shall not be eligible to use this benefit until successful completion of the first thirty (30) days of employment in a permanent position. If an employee leaves city employment within the first six (6) months of employment, the employee's final pay will be reduced by the amount of emergency leave pay the employee received. The final pay, however, shall not be less than the minimum amount required by law.

. . .

Sec. 19-166. Laid-off/demoted employees.

     (a)    Present full-time permanent employees laid off or reduced to a lower classification due to a reduction in force or reassignment of priorities, duties, and/or projects shall be placed at the top of the proper certification list and shall rank ahead of non-city employed individuals competing for the same positions.

     (b)    Permanent employees wishing to voluntary demote with the consent of the department head and director, may do so when all the following conditions are met:

     (1)    There is a vacant position available;

     (2)    The employee has previously successfully completed a probationary/qualifying period in the vacant position requested.

     (3)    There has been no gap in service since the successful completion of the probationary/qualifying period in the vacant position requested.

     (4)    When the voluntary demotion is approved, the employee’ s seniority shall begin over in the new classification.  

     (5)    Upon reappointment to the new classification, the employee shall be required to successfully complete a probationary or qualifying period of at least six (6) continuous months duration.

. . .




Sec. 19-168. General examination provisions.

. . .

    (c)     The examination records of all persons who are appointed to positions in a classified service shall be kept on file and shall be retained throughout their employment and for at least five fifteen (5 15) years after subsequent to their separation.

    (d)     The examination records of individuals who fail to pass a screening procedure may be destroyed two three (2 3) years after the date of examination.

. . .

    SECTION 2.    This ordinance shall be in full force and effect from and after its passage.

PASSED this 18th day of September, 2006.