Section 110-513; Ord. 20438; Amending Chapter 19 of the City Code as it relates to personnel policies, procedures, rules and regulations


Ordinance No. 20438                            Council Bill No. B 288-09 A

     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. 19-4. Definitions.

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

. . .

     Unclassified service. The following offices and positions are in the unclassified service: all department heads; all assistant department heads; assistant city manager; assistant to city manager; internal auditor; volunteer coordinator manager of cultural affairs; manager of neighborhood services; sustainability manager; secretary to city manager; emergency communications and management administrator; deputy fire chief; deputy police chief.

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Sec. 19-87. Performance pay increases.

    (a)     Advancement to a higher salary rate within an established salary range shall be called a performance pay 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, a 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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    (d)     Required minimal performance and 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 and airport safety officers, shall receive performance 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 date of hire. Police officers shall serve an eighteen-month probationary period. Performance pay increase eligibility begins one (1) year from date of hire, then annually thereafter.

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

. . .

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 in pay status worked 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 in pay status worked 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 in pay status worked in excess of eighty (80) hours during the work period.

     (4)    All other overtime eligible employees shall work a seven-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 in pay status worked 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-hour day, seven-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 Overtime pay shall be based on hours worked and not on time in pay status.

. . .

    (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 only if they would otherwise be are entitled to overtime pay under subsection (b).

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Sec. 19-98. Minimum call-in compensation.

    (a)     Employees in positions eligible for overtime pay who have left their normal place of work for their residence or elsewhere and have completed at least one (1) full, normal shift of work (time on the job) and who are called back to work shall be credited a minimum of three (3) hours pay at the overtime rate for the first occurrence of call-back. If more than one (1) call is received, the employee shall continue to earn overtime pay in addition to the first three-hour minimum. However, if the employee is required to work a total of three (3) hours or more In all cases, the standard overtime pay provisions shall apply. Only one (1) minimum three-hour call-in allowance shall be provided per day. Employees called in from outside the city limits shall not have call-in travel time reimbursed or included in the three-hour allocation to the extent such travel time is outside the city limits. An employee actually working more than three (3) hours shall not receive any special travel-time pay.

    (b)     Employees who report for snow removal work within one (1) hour after being contacted will receive "reporting time" payment equal to one-quarter hour of pay.

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Sec. 19-107. Uniform clothing allowance.

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    (b)     An employee required to wear standard dark blue denim jeans on the job shall be reimbursed for the cost of up to eight (8) pairs of jeans per year with a maximum reimbursement amount of thirty-five dollars ($35.00) per pair. Department heads may allot a different number of jeans for certain jobs. In order to be reimbursed, an employee must present a receipt which shows the cost of the jeans and states that they are blue denim. Department heads shall establish a reimbursement procedure for reimbursement two (2) times each fiscal year.  Additionally, if jeans are purchased through a city approved contract (as established by the city’ s purchasing division), jean purchases may be made in accordance with department head established procedures.

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Sec. 19-110. General benefits.

    (a)      Employee health care plan. The city shall pay into the employee benefit fund four hundred seven dollars and fifty-eight cents ($407.58) four hundred thirty-three dollars and seventy-nine cents ($433.79) per month for the cost of employee health care plan coverage of each eligible permanent employee who participates in the plan. The city shall pay a portion of dependent care coverage for those eligible permanent employees who elect to purchase dependent health plan coverage under the city plan, in the following amounts:


Employee + Spouse
$ 111.88 119.72
Employee + Child(ren)
73.20 78.32
Employee + Family
261.82 280.14
 
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.

. . .

    (f)      Post employment health plan. The city shall may contribute twenty-one dollars ($21.00) per funds each month to the post employment health plan for public employees on behalf of each eligible permanent employee if funds are available. The city shall make sick leave conversions to the health care insurance premium reimbursement subaccounts of each eligible employee leaving city employment if the employee has been employed by the city for ten (10) years or more, or if the employee is retiring or has previously retired pursuant to the terms of a city-sponsored retirement plan (based on either age or disability). Such sick leave conversions shall be made at the rate of two dollars ($2.00) for every hour of final accumulated sick leave.  Participation in the sick leave buyback program pursuant to section 19-130(p) will reduce the number of hours converted to the post employment health plan.

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Sec. 19-112. Unclassified employee's benefits.

    The city manager shall evaluate unclassified employees other than the city clerk , assistant department heads, deputy fire chief, deputy police chief and municipal judge 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 notify the city council of such fringe benefits. The benefits shall take effect after the next regular council meeting, unless the city council objects to the proposed benefits.

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Sec. 19-124. Compensatory time leave.

    (a)     Compensatory time shall only be granted pursuant to section 19-96.

. . .

     (c)     Compensatory time shall be at the time and one-half rate.

    ( d c)     Inasmuch as possible, within departmental rules and regulations, operational needs, and budgetary limitations, employees shall be given an option of receiving paid overtime remuneration or compensatory time off.

    ( e d)     An employee moving from an overtime eligible position to an overtime exempt positions shall be paid for all compensatory time on the books in the employee's paycheck that includes final hours worked in the overtime eligible position.

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Sec. 19-126. Jury and/or witness duty leave.

    (a)     Employees on jury duty shall be paid by the employer in an amount equal to the difference between the amount of wages the employee would have earned by working during straight-time hours for the employer on that day and the daily jury duty fee paid by the courts (not including traveling expenses or reimbursement of expenses), for each day on which the employee otherwise would have been scheduled for work.

    (b)     An employee shall not have deductions made from accrued leaves for the purpose of these provisions.

    (c)     Employees (except those testifying in the line of duty) shall be granted leave with pay when required to be absent to serve as a court witness and shall be paid in an amount equal to the difference between the amount of wages the employee would have earned by working during straight-time hours for the employer on that day and the compensation received as a witness. An employee on such leaves shall return to work for the balance of the day when the employee is excused by the court from further attendance. Employees such as police officers or code enforcement officials shall be paid for court appearances which are in the line of duty pursuant to departmental rules and regulations Time spent by employees testifying in the line of duty are hours worked.

. . .

Sec. 19-130. Sick leave.

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

. . .

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

. . .

    (5)    Birth or adoption of a child by an employee, an employee’ s spouse or an employee’ s domestic partner. Generally, the employee will be allowed up to two hundred forty (240) hours of sick leave for this purpose.

     (6)    Attending the funeral of the employee's spouse, domestic partner, child, parent, step-parent, sibling, grandparent, grandchild, first aunt or uncle, immediate in-laws, parents or step-parents, 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.

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    (p)     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) percent of the total unused sick 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) fifty (50) percent 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.

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    (5)     Major illness. An employee who has participated in this program and who subsequently uses all of the employee's accumulated sick leave may be granted, at the employee's request, additional leave at one-half ( 1/2) of the employee's normal rate of pay, up to the number of hours sold back to the city between October 1, 1988 and September 30, 2000, and at one-fourth (1/4) three-fourths (3/4) of the employee's normal rate of pay on the number of hours sold back to the city after between October 1, 2000 and September 30, 2009 and at one-half (1/2) of the employee's normal rate of pay on the number of hours sold back to the city after October 1, 2009.
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Sec. 19-192. Duration.

    (a)     Every person transferred, promoted, appointed or reappointed to a permanent position with the city shall be required to complete a successful probationary or qualifying period of at least six (6) continuous months duration.

    (b)     Individuals placed in entry-level police officer , or fire-fighter or airport safety officer positions are required to complete a successful probationary or qualifying period of at least eighteen (18) continuous months. All other commissioned police and fire positions will serve a twelve-month probationary or qualifying period. Positions identified as ineligible for overtime in the city's pay plan, are required to complete a successful probationary or qualifying period of at least twelve (12) continuous months; other positions shall serve a six-month probationary or qualifying period.

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Sec. 19-206. Dismissal.

    (a)     Nonprobationary permanent employees to be dismissed for just cause shall be given a written notification of the charges against them or the reason for their discharge, along with a written explanation of the facts that support those charges or reasons. As soon as possible thereafter, but in all cases before dismissal, the employee shall be given an opportunity to refute the charges or reasons either in writing or in person before the department head.

. . .

    (c)     Dismissed employees may, at the request of the department head, be issued their final check upon notification of the dismissal and removal from the position.

     (d)    A dismissed employee shall be paid for any vacation, floating holiday and compensatory leave the employee has accrued.

Sec. 19-207. General separation.

    An employee removed from city service by mutual agreement or by action of the city manager under circumstances and cause less urgent or extenuating than immediate dismissal, shall be eligible paid for accrued any vacation, floating holiday and compensatory leave pay the employee has accrued. Disability separation may, with the approval of the city manager, be considered under this provision depending on specific circumstances and conditions.
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Sec. 19-238. Procedures for grievances and complaints.

    (a)     Whenever an employee eligible to file a grievance or complaint desires to do so, the employee shall follow the procedures set out in this section.

. . .

    (d)     All other grievances or complaints must be taken to the person who issued the discipline. Unresolved grievances or complaints will proceed through the department's chain of command as established by the department head.

     (1)    Grievances or complaints must be taken to the person who issued the discipline within seven (7) working days following knowledge of the occurrence of the problem. If possible, the grievance or complaint should be settled at this level through discussions with the involved parties. If informal discussions do not resolve the issue, the matter shall be reduced to writing by the employee or the employee's representative and be submitted the employee may sign and submit a written grievance or complaint to the human resources department within this same seven-day time period. The human resources department shall assign the grievance or complaint a number for tracking purposes and immediately forward it to the relevant supervisor. The written grievance or complaint must describe specific circumstances and state the remedial action requested. The person who issued the discipline shall have five (5) working days from receipt of the grievance or complaint to respond in writing.

. . .

    (7)    Employees may, at their discretion, give written permission on a form to be provided by the human resources department to be represented at any stage of the grievance or complaint procedure by representatives of their choosing. A represented employee shall participate fully at all stages of the grievance.  All documents and other submissions by employee’ s representative shall be read and signed by the employee to verify that submission is truthful and accurate.  Employees and their representatives may, with the permission of their supervisors, be granted time off with pay for the purpose of necessary discussions and conferences with city supervisors and administrators relating to the resolution of specific grievances and complaints.

    SECTION 2.    The changes in Section 1 pertaining to overtime pay shall only apply to work periods that begin after passage of this ordinance.

    SECTION 3.    This ordinance shall be in full force and effect from and after its passage.

PASSED this 21st day of September, 2009