HomeMy WebLinkAboutOrd.3918.05-19-2008 BILL NO. 08-62 ORDINANCE NO.
AN ORDINANCE REPEALING AND REORGANIZING
CHAPTER 19 OF THE CITY CODE BY ENACTING A
NEW SECTION 2-56 OF THE CITY CODE RELATING
TO ADMINISTRATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
ARTICLE 1. Chapter 19 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, reading as follows :
Sec . 19-1 . General purpose .
The purpose of this chapter is to provide a
comprehensive personnel system for city officers and
employees .
Sec . 19-2 . Equal opportunity.
No person shall be appointed to or removed from or in
any way favored or discriminated against with respect
to any city position because of age, race, creed,
color, sex, national origin, physical handicap,
political or religious opinions or affiliations .
Sec . 19-3 . Regulations .
The city manager is authorized and directed to
promulgate regulations dealing with personnel matters .
These regulations shall be consistent with the
personnel policies established by the Charter and
ordinances of the city. The regulations shall provide
for hiring procedures, employee standards of conduct,
disciplinary procedures and grievance procedures . The
city manager may authorize department heads to issue
departmental regulations .
Sec . 19-4 . Classification of employees .
(a) There are four (4) categories of city employees :
specialized, regular, permanent part-time, and
temporary:
(1) Specialized employees .
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a. Specialized employees consist of the
city manager and his staff, the city
clerk, the city treasurer, the
municipal judge, department directors,
division directors and technical
persons employed on special occasion or
in an advisory capacity.
b. Specialized employees other than the
city clerk, city treasurer, municipal
judge and city attorney may be
dismissed at will by the city manager.
(2) Regular employees .
a. Regular employees are all employees
other than specialized and temporary
employees and who consistently work
forty (40) or more hours per week and
whose services are not limited in
duration and are filling approved and
regularly funded positions .
b. Regular employees serving in a
probationary status may be dismissed at
will by the city manager or designee .
(3) Permanent part-time employees .
a. Permanent part-time employees regularly
and routinely are scheduled to work for
a minimum of twenty-seven and one-half
(27 . 5) hours and not more than thirty
(30) hours per week.
b. The position must be authorized in the
current budget and expected to be
filled a minimum of fifty (50) out of
fifty-two (52) weeks by the same
employee .
C . Such employees may be eligible for
limited benefits, including those
required by the Missouri Retirement
System and the Social Security
Administration.
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d. Permanent part-time employees may be
dismissed at will by the city manager
or designee .
(4) Temporary employees .
a. Full-time : These employees are hired
for and retained on the basis of a
specific project or program. They are
scheduled to work forty (40) hours per
week, may work overtime, and are
eligible for full benefits while
employed.
b. Part-time/seasonal : These employees
include seasonal employees and
individuals employed on an interim
basis or employed less than forty (40)
hours per week, or for a specified
period of time as designated and
approved by the city manager. Such
employees are not eligible for benefits
except where required by the Missouri
Retirement System and the Social
Security Administration.
C . Temporary employees may be dismissed at
will by the city manager or designee .
(b) Members of the city council and members of city
boards and commissions shall not be considered
city employees for purposes of this chapter.
Sec . 19-5 . Compensation of employees .
The compensation of individual city employees shall be
determined by the city manager or his designee and
shall be within the salary ranges established by the
city council in the annual budget .
Sec . 19-6 . Probationary period.
Regular employees shall serve in a probationary status
for a period of one (1) year from their first day of
employment with the city. Regular employees who are
promoted or transferred shall serve in a probationary
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status for a period of six (6) months from the
effective date of their promotion or transfer. This
six-month period may be extended by the city manager
for up to three (3) additional months .
Sec . 19-7 . Regular employee rights .
Non probationary regular employees may be suspended
without pay, demoted with reduction in pay or
dismissed only for just cause .
Sec . 19-8 . Reserved.
Sec . 19-9 . Appeals; due process required.
(a) Job action affecting the employment
classification or pay of any non-probationary
full time employee, including assignment of
disciplinary probation, suspension without pay,
demotion with reduction in pay or termination of
employment, shall be subject to the provisions of
this section.
(b) The department director or designee shall meet
with and notify the employee, verbally and in
writing of the proposed disciplinary action and
circumstance leading to the proposed disciplinary
action.
(1) The affected employee shall be provided an
opportunity to rebut the circumstances,
verbally and in writing, produce witnesses
on his behalf, having direct knowledge of
the circumstances, and/or other evidence
which may dispute those circumstances .
(2) The department director or designee shall
consider all evidence presented during the
rebuttal meeting and determine if the
recommended disciplinary action should be
modified, and inform the employee of the
final decision along with the employee ' s
right to appeal, verbally and in writing.
(c) within three (3) full working days (weekends and
holidays excluded) of being informed of the
department ' s recommendation, the employee may
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appeal the action to the city manager or his
designee, who shall review:
(1) The circumstances leading to the proposed
disciplinary action, including remedial
action attempted by the department when
appropriate .
(2) Evidence presented by the city and the
employee, and
(3) The proposed disciplinary action and
determine whether it is appropriately
matched to the circumstances .
(d) within five (5) full working days (weekends and
holidays excluded) of conducting the appeals
hearing, the city manager or his designee shall
issue his decision in writing. This decision
shall be final and may be made effective
retroactively for pay purposes to the date of the
employee rebuttal meeting.
Sec. 19-10 . Reserved.
Sec . 19-11 . Personnel records .
(a) Records relating to the hiring, firing or
disciplining of individual city employees shall
be closed records .
(b) An employee or his attorney may inspect and copy
the records pertaining to the employee ' s hiring,
firing or disciplining. Records relating to the
hiring, firing or disciplining of other
employees, however, may not be inspected or
copied.
Sec . 19-12 . Political activities .
(a) No city employee shall be an officer of a
political party or hold political office . No city
employee, other than an employee on unpaid leave
of absence, shall be a candidate for any elective
political office in conflict with that employee ' s
duties .
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(b) No person shall knowingly solicit any
assessments, contributions or services, for any
political party from any on duty city employee .
(c) Nothing contained herein shall affect the right
of any city employee to hold membership in and
support a political party, to vote as he chooses,
to express privately his opinions on all
political subjects and candidates, to maintain
political neutrality, and to attend political
meetings .
(d) No city employee shall seek or accept election,
nomination or appointment as an officer of a
political club or organization, or serve as a
member of a committee of such club or
organization, or take an active part in any
municipal political campaign, including seeking
signatures to any petition provided for by any
law, acting as a worker at the polls, or
distributing badges or literature of any kind
favoring or opposing any municipal issue or
candidate for election or for nomination to a
municipal public office . This subsection shall
not be construed to prevent any city employee
from providing factual information pertaining to
any municipal ballot question.
(e) No city employee shall wear a campaign button or
other evidence of support of a political
candidate or issue while on duty.
Sec . 19-13 . Residency requirements .
The city manager shall be required to live within the
city limits of Cape Girardeau. Missouri State Law
requires that the police officers be residents of the
State of Missouri at the time of initial appointment
as employees of the city. The city manager shall have
the authority to establish residency requirements for
other emergency response personnel and specialized
employees as appropriate .
is hereby repealed in its entirety, and a new Section 2-56
relating to "Personnel Policies" is hereby enacted in lieu
thereof, in words and figures, to read as follows :
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Section 2-56 . Personnel Policies .
(a) General purpose . The purpose of this Section is
to provide a comprehensive personnel system for
city officers and employees .
(b) Equal Opportunity. No person shall be appointed
to or removed from or in any way favored or
discriminated against with respect to any city
position because of age, race, creed, color, sex,
national origin, physical handicap, political or
religious opinions or affiliations .
(c) Policies and regulations . The city manager is
authorized and directed to promulgate policies
and regulations dealing with personnel matters .
These policies shall be consistent with the
Charter and ordinances of the city. The
regulations shall provide for hiring procedures,
employee standards of conduct, disciplinary
procedures and grievance procedures . The city
manager may authorize department heads to issue
departmental regulations .
(d) City council and advisory boards . Members of the
city council and members of city boards and
commissions shall not be considered to be city
employees .
(e) Compensation of employees . The compensation of
individual city employees shall be determined by
the city manager or his designee and shall be
within the salary ranges established by the city
council in the annual budget .
(f) Personnel Records .
(1) Records relating to the hiring, firing or
disciplining of individual city employees
shall be closed records .
(2) An employee or his attorney may inspect and
copy the records pertaining to the
employee ' s hiring, firing or disciplining.
Records relating to the hiring, firing or
disciplining of other employees, however,
may not be inspected or copied.
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(g) Residency requirements . The city manager shall
be required to live within the city limits of
Cape Girardeau. Missouri State Law requires that
the police officers be residents of the State of
Missouri at the time of initial appointment as
employees of the city. The city manager shall
have the authority to establish residency
requirements for other regular employees as
appropriate .
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof .
ARTICLE 3. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may
be renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval .
D AND APPROVED THIS J3-)1k DAY OF 20L)'
M C J B. Knudtson, Mayor
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Gayle Conrad
City C rk
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