| A. Purpose
These Personnel Policies and Procedures are to be used to supplement, interpret, and otherwise implement and uphold the merit system provisions of the Charter of the City of Independence, Missouri, and the standards for a merit system of personnel administration. Appointments and promotions in the classified service of the City will be made solely on the basis of merit and fitness. Disciplinary action will be in accordance with the standards and procedures set out in these Personnel Policies and Procedures. The City will not discriminate in decisions regarding employment against any individual based on that individual's race, color, sex, religion, national origin, ancestry, age, disability, or political affiliation.
Nothing in these Personnel Policies and Procedures will be construed as a contract between the City and any employee. These Personnel Policies and Procedures shall not be construed as a covenant by the City for employment of any individual for any specified term. They shall not limit the City's ability to hire, promote, demote, terminate, or discipline any employee in any manner consistent with the provisions of the above paragraph. The City reserves the right to unilaterally amend any provision of these Personnel Policies and Procedures. No technical violation by the City of any procedure set out herein shall form a basis for any court action for breach of contract.
B. Amendment and Adoption
Recommendations for amendment to these Personnel Policies and Procedures may be made by the Personnel Director, City Manager, or the Personnel Board. Proposed amendments will be publicly posted on City bulletin boards for at least ten (10) consecutive calendar days, together with notice of the time and place of hearing by the Personnel Board. At the time of hearing, interested employees and their representatives may present written or oral requests or recommendations to the Board regarding the proposed amendments. The submission of such requests or recommendations will not prevent the adoption of the proposed amendments. Following the hearing, the Board shall forward the proposed amendments to the Council with its recommendations, including modifications made as a result of the comments made at the hearing. The Board may, but will not be required to, hold additional hearings on the proposed amendments or any modifications thereto. Amendments to these Personnel Policies and Procedures will become effective upon adoption by the Council.
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C. Positions Covered
These Personnel Policies and Procedures will be applicable to all employees in the Classified and Unclassified Services, except as may be excluded herein.
D. Administration
The Personnel Director, under the supervision of the City Manager, has responsibility for the administration of these Personnel Policies and Procedures.
E. Department Rules and Regulations
Department directors may formulate and enforce department rules governing working conditions, employee conduct and performance within their department, so long as such rules do not conflict with the provisions of these Personnel Policies and Procedures, any Work Agreement covering employees of the department, or any applicable law.
F. Working Agreements
Work agreements with bargaining units recognized by the City will be considered as addenda to the Personnel Policies and Procedures.
If a conflict exists between any agreement and the Personnel Policies and Procedures, the agreement will prevail. However, if there is no conflict the Personnel Policies and Procedures will prevail.
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G. Equal Employment Opportunity Policy
1. General Policy. The City of Independence will promote and ensure equal employment opportunity for all persons without regard to race, color, sex, religion, national origin, ancestry, age, disability, or political affiliation.
The City of Independence assures no discrimination will occur in recruitment, selection, training, advancement, compensation, working conditions, demotion, layoff and termination.
The City Council, by Resolution, has adopted an affirmative action plan for the City, the goal of which is to achieve a work force in each occupational group which corresponds to the actual availability of qualified minorities and females.
2. Sexual Harassment Prohibited
a. General Policy. Sexual harassm ent in the work place is not acceptable and will not be tolerated. All employees will avoid any unwelcome behavior or conduct toward any other employee or the public which could be interpreted as sexual harassment.
b. Sexual Harassment Defined. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: (1) submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment; or (2) submission to or rejection of the conduct by an individual is used as the basis for employment decisions affecting the individual; or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive environment.
Activities which might constitute sexual harassment include, but are not limited to, unwelcome sex-oriented verbal "kidding"; unwelcome "teasing" or jokes of a sexual nature; subtle pressure for sexual activity; physical contact such as patting, pinching, or constant brushing against another's body; or demands for sexual favors.
c. Responsibility for Enforcement. It is the responsibility of each employee, department director and supervisor to create an atmosphere free of sexual harassment. This includes informing all employees of the policy on sexual harassment and making clear that behavior that creates a hostile work environment will not be tolerated.
3. Other Harassment Prohibited. No employee will engage in conduct which constitutes harassment of another employee on the basis of that employee's race, color, sex, religion, national origin, ancestry, age, disability or political affiliation.
4. Complaint Procedure.
a. Employees who experience discrimination, sexual harassment, or any other form of harassment may file a complaint in accordance with the procedures set out in Article VIII of these Policies. However, the employee making the complaint will have the option of filing the complaint with his or her supervisor, with anyone within the employee's direct supervisory chain of command, or with the City's Personnel Department.
b. Applicants who believe they have been discriminated against or harassed in any manner may file a complaint with the Personnel Department or the Human Relations Commission in accordance with prescribed procedures.
5. Disability Accommodation
a. General Policy. The City will provide reasonable accommodation for qualified persons with disabilities who are employees or applicants for employment, in compliance with the Americans With Disabilities Act of 1990 (ADA) and all applicable Federal, State, and local laws. The City will endeavor to provide reasonable accommodations to qualified persons with disabilities to enable them to participate in the application process, and enjoy the benefits and privileges of employment available to other employees.
b. Procedure
(1) Applicants - An applicant with a disability needing an accommodation in the examination or interview process will request this accommodation from the Personnel Department forty-eight (48) hours in advance of the test or interview.
If the applicant is not satisfied with the accommodation, he or she may file a complaint pursuant to the ADA grievance procedure.
(2) Employees
(a) If an employee becomes disabled, but may be able to continue his or her current employment with the City with reasonable accommodation, the employee will notify his or her supervisor of such disability by completing the Accommodation Request Form, available from the Personnel Department, and attaching medical documentation of the disability and the need for accommodation. The supervisor will forward the request to the department director and the Personnel Director.
(b) A committee will review the request within ten (10) working days from receipt of the request. If further investigation is needed, an extension of up to thirty (30) calendar days may be allowed. The effected employee will be notified of any extension.
(c) If the disability for which the employee is requesting accommodation prevents the employee from performing the essential functions of his or her position, the employee's department director may decide that "modified duty" work is available which the employee is qualified to perform, pending the determination in paragraph (a) and (b) above. If such work is not available, the employee may not be allowed to work and may be required to take leave time in accordance with Article V.
(d) The Personnel Director may request that the employee provide a medical evaluation, as well as personal input, regarding his or her disability and suggested reasonable accommodation(s). The City maintains the right to require the employee to be evaluated by a physician selected by the City.
(e) When a determination has been made, a recommendation will be made to the City Manager, in writing, with a copy to the employee and the department director. The final decision for accommodation will be made by the City Manager.
(f) If the City Manager determines th at the employee cannot be reasonably accommodated in his or her current position, the provisions of Section F of Article VII, and any appropriate work agreements will apply.
H. Keeping of Animals on City Property.
1. The keeping of animals on City property, either temporarily or permanently, is prohibited, except as set out below. The keeping of animals on City property is allowed in the following limited circumstances:
a. Ani mals being kept by A nimal Control in the normal course of its busi ness with the City.
b. Dogs which are commissioned for use by the Police Department in the normal course of the business of the Police Department.
c. Animals whose presence on City property has been specifically authorized by the City Manager, or by resolution of the City Council.
2. The City will not accept liability for any damages or injury caused by an animal being kept on City property, whose presence thereon is not specifically authorized as set out in paragraph "1" above. Should any animal whose presence on City property is not specifically authorized cause damage or injury to any property or person, the City will seek reimbursement for the damages and/or injury from the employee or employees who brought the animal onto City property, or encouraged its presence on City property by providing it with food and/or shelter.
3. Any employee bringing an animal onto City property without proper authorization, or encouraging the unauthorized presence of an animal on City property by providing it with food and/or shelter may be subject to disciplinary action under Article VII, Section H, of these Policies and Procedures.
4. The keeping of any animal on City property must be in compliance with all applicable provisions of the City Code, unless specifically exempted by ordinance of the City Council.
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