Part 2 PERSONNEL ADMINISTRATION PROGRAM: MERIT SYSTEM

Editor's Note: Former Section 115.360, Definitions, was repealed by Ord. No. 25-083, 12-15-2025. Prior history includes: Ord. No. 99-138; and Ord. No. 10-009.

Section 115.370 Administration of The Merit System. [1]

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 03-089 §2, 6-25-2003; Ord. No. 03-155 §1, 10-1-2003; Ord. No. 10-009 §2, 1-27-2010]

Organization And Operation Of The Merit System Commission.

The Merit System Commission shall be structured according to Article VII, Section 7.501 of the Charter.

The Merit System Commission shall meet at least monthly. Special meetings may be called only by:

The Chairperson of the Merit System Commission by notifying the Secretary of the purpose, time and place of the meeting; or

The Merit System Commission, while in session, may determine the need for and schedule special meetings.

The Merit System Commission may meet by telephone, but such meeting shall be in accordance with the Sunshine Law.

The Merit System Commission shall, at its first (1st) meeting in July each year, elect from among its members officers of the Merit System Commission who shall have the titles of Chairperson and Vice-Chairperson of the Merit System Commission. Each officer shall serve in that office at the pleasure of the Merit System Commission.

The Chairperson or Vice-Chairperson shall preside at meetings of the Merit System Commission, have a voice, vote on all questions before it and have authority to:

Preserve order at Merit System Commission meetings; and

Determine the order of the Merit System Commission business under this Part 2 of the Personnel Administration Program and the rules of the Merit System Commission.

Vacancies or absences on the Merit System Commission caused by death, incapacity, resignation, expiration of term, or failure to attend three (3) consecutive regular meetings shall be filled forthwith by appointment pursuant to Article VII, Section 7.501 of the Charter.

Meetings shall be conducted in general conformance with Robert's Rules of Order, latest revision, except when the Constitution of Missouri, the laws of Missouri, the St. Charles County Charter or ordinances are to the contrary.

A majority of the Merit System Commission must be present to conduct business except as provided in Section 115.470.3.a regarding conduct of hearings by a member of the Merit System Commission when functioning as a hearing officer.

Records of all the proceedings of the Merit System Commission shall be maintained in accordance with Federal or State law or County ordinance. Minutes, once approved, shall be filed with the County Registrar. Records of the Merit System Commission, when they are no longer needed by the Merit System Commission, shall be archived in the Registrar's office. Tape recordings of the Merit System Commission meetings shall be maintained for a minimum of twelve (12) months.

10.

An oath of office shall be administered by the County Registrar to each Merit System Commissioner upon appointment or reappointment to insure that the spirit and intent of the County Merit System shall be observed, the welfare of the public upheld and substantial justice is done.

11.

The Merit System Commission may retain hearing officers pursuant to budgetary authority granted in the annual budget of St. Charles County.

Powers And Duties Of The Merit System Commission.

Pursuant to Article VII of the St. Charles County Charter as amended, the Merit System Commission shall:

Review and evaluate the Merit System operation and from time to time recommend to the County Council and the County Executive changes in policies and procedures for improved operation of the Merit System; and

Recommend to the County Council and County Executive, for establishment by ordinance, a basic pay plan, including the proposed assignment of position classifications to pay ranges contained in the basic pay plan as well as flat rates for full-time and part-time personnel and session rates for positions to which the Merit System applies; and

Set up and revise as necessary a position classification plan and establish and amend rules for examination, certification and payment of personnel within the appropriation of funds by the County Council and other necessary details of personnel administration; and

Hear appeals filed within the deadline set by Section 115.470.1.e as provided by Section 115.470.1 and other ordinances, as applicable, in cases of disciplinary actions by appointing authorities and shall issue written findings of facts and conclusions setting forth its determination.

After hearing and consideration of the evidence for and against a suspension, demotion, reduction in pay or dismissal, the Merit System Commission shall sustain, overturn or modify the action of the appointing authority in accordance with the standards listed below:

The Merit System Commission shall sustain the action of the appointing authority when:

(i)

The facts as set forth in the notice of discipline are supported by a preponderance of the evidence; and

(ii)

The severity of the discipline imposed by the appointing authority is deemed reasonable given the nature and seriousness of the action(s) by themselves or considered in conjunction with prior disciplinary actions or employee evaluations.

The Merit System Commission may overturn the discipline imposed by the appointing authority when the appointing authority fails to prove, through a preponderance of the evidence, the actions listed as the reasons for imposing the discipline.

(c)

The Merit System Commission may modify the discipline imposed by the appointing authority when:

(i)

The validity of substantial portions of the reasons listed by the appointing authority for imposing the discipline are not supported by the preponderance of the evidence; or

(ii)

The severity of the discipline imposed by the appointing authority would be unreasonable based upon only those portions of the reasons listed that are supported by the preponderance of the evidence, giving consideration to the nature and seriousness with prior disciplinary or performance records.

(iii)

The discipline was on account of race, creed, disability, color, age, religion, national origin, gender, ancestry, political affiliation or activity or lack thereof; or union membership or non-membership.

(d)

When the Merit System Commission determines to modify the discipline to a lesser degree, the Commission shall set forth the discipline to be imposed in its findings of fact and conclusions.

The Merit System Commission may order back pay but only to the extent such back pay is within the appropriation of funds by the County Council to that department for payroll and such award shall be calculated as follows:

An award of back pay for income lost by reason of suspension, reduction in pay, demotion or dismissal, subject to the availability and appropriation therefore, shall be calculated at the rate the aggrieved party earned at the time of suspension, reduction in pay, demotion or dismissal including any increases received by the class of the aggrieved party during that period less any unemployment compensation payments or other earned income received during that period of time, less any mitigation income earned by the employee. The aggrieved party shall be required to furnish any documents necessary to determine his income or whether the income was received from other sources including copies of Federal income tax returns, bank records, payroll check stubs or other documentation; or

Where the appropriation of funds to a department is insufficient to pay a back pay award, the Merit System Commission may recommend to the County Executive and the County Council an additional appropriation of funds to a department for the benefit of an aggrieved party.

The Merit System Commission may award attorney fees or costs only in instances in which it makes a written finding that the decision of the appointing authority was not substantially justified and such award of attorney’s fees shall be limited to the following circumstances:

[Ord. No. 23-105, 12-18-2023]

The attorney's fees shall be no more than seventy-five dollars ($75.00) an hour; and

Such attorney's fees and employee's costs may not exceed ten percent (10%) of the award of back pay.

Hear appeals from decisions of the Human Resources Director in cases involving examination and examination rating and, following consideration of the facts, may:

Uphold the action of the Human Resources Director;

Order the correction of decisions made by the Human Resources Director in examination and examination rating. Such corrections shall be made immediately, but shall not have the effect of negating any appointment or promotion which has been made from the affected eligible list.

Insure no discrimination or favoritism in employment or compensation of County employees on account of race, creed, disability, color, age, religion, national origin, gender, ancestry, political affiliation or activity or lack thereof, or union membership or non-membership; and

Insure employees under the Merit System shall not be personally, by any other employee, officer or elected official of the County, solicited or required to pay any assessment or contribution or perform any service which will benefit anyone occupying or seeking employment, nomination or election to any public office; and

Promulgate rules that employees under the Merit System may voluntarily participate in political activities outside working hours; and

Promulgate rules that no officers or employees of the County shall promise or threaten to promote, remove or reduce any employee under the Merit System for making or refusing to make any contribution for any political party or purpose or for rendering or refusing to render any political service and to that end, the Merit System Commission may issue advisory opinions on complaints put to them by employees and officers alleging a violation of the Charter or ordinances.

Powers And Duties Of The Appointing Authority.

The appointing authority of each department shall be responsible for the personnel management of the department as provided by Federal and State law, the Charter and ordinances of St. Charles County and rules adopted by the Merit System Commission.

The appointing authority may promulgate department rules for personnel administration consistent with the Charter, the Personnel Administration Program and subject to the approval of the Director of Administration after consultation with the Human Resources Director. Such rules shall be forwarded to the office of the County Counselor for review as to consistency with this and other applicable ordinances and laws.

The appointing authority of each department shall, subject to direction by the Director of Administration and/or the County Executive, manage, direct and supervise all personnel activities of the department; shall appoint all officers, deputies, assistants and employees of the department in accordance with the provisions of the Merit System, unless otherwise provided by Charter or ordinance; and shall assign functions and duties to such officers, assistants and employees and direct and control their work.

Powers And Duties Of The Human Resources Director Under The Merit System. In addition to those powers and duties pertaining to the administration of the overall Personnel Administration Program, the Human Resources Director shall administer the Merit System and have the power and duty to:

Report to the County Executive and perform any duties, functions, and managerial or investigative responsibilities assigned by the County Executive not inconsistent with the Charter, applicable laws, or Merit System Rules; and

Exercise those powers and perform those duties required by ordinance or rules of the Merit System Commission; and

Function as the appointing authority for the Department of Human Resources; and

Maintain official employee personnel files in accordance with Part 1 of the Personnel Administration Program; and

Certify all additions, deletions and changes in payroll for Merit System employees; and

Recruit applicants to fill vacancies; and

Hold examinations, consult with appointing authorities as to the qualifications of applicants and establish and maintain eligible lists; and

Certify names of candidates to appointing authorities for filling vacancies covered by the Merit System; and

Recommend to the Merit System Commission changes in the Classification Plan; and

10.

Allocate new positions within the Merit System to position classifications included in the Position Classification Plan as set forth in this Part 2 of the Personnel Administration Program; and

11.

Prevent the suspension, layoff, or dismissal of or discrimination against employees performing military duties pursuant to Chapters 41 and 42, and Section 105.270, RSMo.; and

12.

Recommend to the Director of Administration discipline in accordance with this Part 2 of the Personnel Administration Program of any current Merit System employee for the unauthorized release of examination material including written test items, interview questions, or similar confidential material; and

13.

Remove from consideration for appointment any applicant, and/or recommend discipline to the Director of Administration in accordance with this Part 2 of the Personnel Administration Program of any current Merit System employee for attempting, or assisting anyone else who is attempting, to gain advantage over other applicants for appointment or promotion to Merit System positions through deceit, misrepresentation or fraud. Disqualified applicants may appeal to the Merit System Commission.

14.

Recommend to the County Executive updates or amendments to St. Charles County's Employee Code of Conduct. The Director shall provide a copy of St. Charles County's Employee Code of Conduct to all County employees and ensure all County employees execute an acknowledgment of receipt.

[Ord. No. 19-019, 3-25-2019]

Section 115.390 Recruitment and Examination.

Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.

Section 115.380 Position Classification.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 10-009 §2, 1-27-2010]

Position Description. Each appointing authority shall maintain a current position description for each position in his department.

Classification Specifications. The Department of Human Resources shall maintain a classification specification for each position classification in each occupational series adopted by the Merit System Commission and included in the Position Classification Plan. The classification specifications shall be broad enough in scope so that positions with similar responsibilities and duties and which require similar knowledge, skills and abilities can be allocated to the same position classification. The classification specifications shall accurately distinguish between levels of position within the occupational series.

Allocation Of Positions To Classifications. The Department of Human Resources is responsible for comparing the descriptions for each position within the departments with the classification specifications and then is responsible for allocating each position to the most appropriate position classification.

The position classification of a position is determined when the position is created, and is reviewed each time it is vacated and refilled. The position classification may also be reviewed whenever there is reason to believe that the responsibilities and duties have changed so significantly that the position should more properly be allocated to a different classification.

Whenever it is determined, after consultation with the appointing authority, that the classification of any position is inappropriate, the position shall be reallocated to the position classification that is most appropriate. The appointing authority and the incumbent, if any, shall be notified of the change in classification.

The effective date for any reclassification shall be the later of the date on which the Human Resources Director issued the classification decision, or the date on which all necessary changes to the Classification Plan, the Basic Pay Plan, and the budget have been adopted.

Establishment Of New Position Classifications.

By Human Resources Director.

Except as set out in Subsection D.2 below, whenever the Human Resources Director, after consultation with the appointing authority, determines that there is no appropriate position classification existing in the Classification Plan to which to allocate a merit position or proposed merit position, he shall develop a job description for the proposed new position. The Human Resources Director shall then recommend that the Merit System Commission adopt the new position classification and add it to the Classification Plan. Following adoption of the new classification, the Human Resources Director shall notify the appointing authority.

If the appointing authority and the Human Resources Director are in agreement with the new proposed classification, recruitment activity may commence in anticipation of the approval of the new Merit System position classification by the Merit System Commission, but the appointing authority may not fill the position until after Merit System Commission approval and budget authorization for the position has been obtained.

By executive power. Pursuant to powers granted under the Charter, department heads, division heads, bureau and section heads shall be established in the Classification Plan as the County Executive determines necessary.

Appeal Of Classification Decisions. Whenever the allocation of a position is determined by the Human Resources Director, the employee occupying the position or the appointing authority may appeal this decision to the Merit System Commission.

Official Titles And Working Titles Of Positions. The position classification shall be the official title of the employee's position and shall be the title utilized for payroll and budgeting purposes. The appointing authority may use working titles for other purposes whenever this is useful.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 06-144 §1, 11-1-2006; Ord. No. 10-009 §2, 1-27-2010; Ord. No. 21-099, 12-20-2021; Ord. No. 23-105, 12-18-2023; Ord. No. 25-083, 12-15-2025]

Requisition Process. Whenever appointing authorities wish to fill a vacancy, they shall, after consulting with the Human Resources Director, prepare and submit a completed Personnel Requisition to the Director of Administration. The Director of Administration may request that the Personnel Requisition be accompanied by a current position description and a list of minimum qualifications, special knowledge, skills or ability required for the individual position. Disputes about the minimum qualifications or the recruitment procedures to be used shall be resolved by the Director of Administration. The Personnel Requisition shall be submitted as far in advance of the desired appointment date as possible.

Position Announcements.

Whenever a Personnel Requisition has been approved by the Director of Administration, the position shall be given public notice in the form of a position announcement by the Department of Human Resources unless:

The position is to be filled at the discretion of the appointing authority by the appointment of an individual from the eligible list or by transfer or demotion; or

There is an existing eligible list to which candidates have been added in the preceding one hundred twenty (120) calendar days. Open posting notices for occupational classes may be published on the County website when the County is seeking, or expects to seek, multiple qualified candidates for that occupational class or similar occupational classes. Such candidates may be retained on the list for one hundred twenty (120) days without posting another position announcement.

There is a need to fill the position quickly to preserve the public interest and a current eligible list exists containing the names of suitably qualified individuals. The certification from such an eligible list must be approved by the appointing authority and the Director of Administration.

Position announcements shall be posted for a minimum of five (5) business days and may be posted for a longer period of time if the Human Resources Director or the appointing authority feels additional time shall be needed to attract a sufficient number of qualified applicants.

The position announcement shall include the Position Classification Title, the pay range, a summary of the position description, the minimum necessary qualifications, an equal opportunity statement, an Americans with Disabilities Act statement, a deadline by which applications must be received in order to assure consideration, or notice that applications shall be received until further notice, and any other information deemed appropriate.

When the appointing authority and the Human Resources Director agree that there are a sufficient supply of non-probationary County employees who possess the qualifications and are available for promotion, the position announcement may specify that only non-probationary County employees will be considered.

All applications received prior to the deadline shall be included in the screening process. The deadline may be extended by reissuing the position announcement. When so noted on the position announcement, applications received after the deadline may be considered if necessary to assure that a sufficient supply of qualified applicants is available for consideration.

Copies of position announcements shall be posted on the Department of Human Resources career page on the County’s website.

Examinations.

Competitive and promotional examinations shall be established and amended according to rules adopted by the Merit System Commission and shall be of such character as to determine the relative qualifications, fitness and ability of the persons tested to perform the duties required of the position to be filled.

The Human Resources Director may reject the application of any person for admission to an examination if that person is found to lack any of the required qualifications related to the position sought, including background checks and psychological examinations, has been convicted of or pled guilty to a crime which is related to the responsibilities and duties of the position sought, has made a false statement of a material fact or practiced or attempted to practice any fraud or deception in his application, examination or attempt to secure appointment. Procedures for examination administration, ratings and results are appealable in accordance with Merit System Rules.

Section 115.400 Eligible Lists and Certification.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 06-144 §1, 11-1-2006; Ord. No. 10-009 §2, 1-27-2010; Ord. No. 23-105, 12-18-2023; Ord. No. 25-083, 12-15-2025]

An Eligible List is a list of applicants who have met all of the minimum qualifications and successfully completed the necessary components established in accordance with Merit System Rules for examinations, including former non-probationary employees who were laid off or who resigned in good standing from the County service during the last two (2) years in the particular position classification when the available position is in a department other than the one from which the applicant was laid off or resigned. The Open Competitive Lists may be either Position Specific or Occupation Specific.

Re-employment list. A list of all former non-probationary employees who were laid off or who resigned in good standing from the County service during the last two (2) years in the particular position classification and department from which they were laid off or resigned and who have asked to be considered for re-employment in that position and department. It shall be the responsibility of the former employees to notify the County of any address changes.

Open competitive list. A list of applicants who have met all of the minimum qualifications and successfully completed the necessary components established in accordance with Merit System Rules for examinations, including former non-probationary employees who were laid off or who resigned in good standing from the County service during the last two (2) years in the particular position classification when the available position is in a department other than the one from which the applicant was laid off or resigned. The Open Competitive Lists may be either Position Specific or Occupation Specific.

A position specific list is tailored to the requirements of a specific vacancy and a new eligible list is established for each vacancy that expires when the position is successfully filled. Position specific lists are used for recruitment in various departments for vacancies which occur within a one hundred twenty (120) day period. If an insufficient number of qualified candidates exist, candidates from a similar occupation specific list may be considered.

Occupation specific lists may be used to fill positions within the same occupational group with similar qualifications or testing procedures. Occupation specific lists include those candidates that have completed all examination components. Candidates on the list are ranked by their final converted scores.

Order Of Certification. Upon receipt of an approved Personnel Requisition, the Department of Human Resources shall immediately certify up to fifteen (15) candidates for the position. In the instance of multiple vacancies in the same position classification in the same department, additional candidates may be provided.

Removal From Eligible Lists.

The Human Resources Director may remove an applicant's name from the eligible list as allowed by rules promulgated by the Merit System Commission or for the following:

The applicant is no longer available for employment; or

The applicant fails to respond to letters or phone calls concerning their availability for employment or interview or fails to provide notice of changed address or phone number; or

The applicant refused to accept employment that they had previously agreed to accept; or

The applicant fails the pre-employment drug testing; or

The applicant is appointed to a position in the same or higher pay grade; or

One (1) year has passed since the applicant's name was placed on the eligible list.

Following notice and an opportunity for the candidate to respond, the Human Resources Director may remove the name of an applicant:

When background investigations, psychological testing results, reference checks, or other pre-employment procedures conducted following the candidate's inclusion on the eligible list reveal information materially affecting their suitability for employment; or

Has falsified their application or given false information during the evaluation or selection process; or

For other reasons as determined by the Merit System Commission.

Section 115.410 Appointments.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 01-183 §1, 12-27-2001; Ord. No. 02-117 §3, 7-31-2002; Ord. No. 03-089 §3, 6-25-2003; Ord. No. 03-155 §§2—3, 10-1-2003; Ord. No. 06-144 §1, 11-1-2006; Ord. No. 10-009 §2, 1-27-2010; Ord. No. 13-103 §5, 12-19-2013; Ord. No. 16-105 § 2, 12-19-2016; Ord. No. 19-019, 3-25-2019; Ord. No. 20-095, 12-21-2020; Ord. No. 21-099, 12-20-2021; Ord. No. 23-105, 12-18-2023; Ord. No. 24-107, 12-16-2024]

Competitive Appointments.

Appointments from eligibles. Except in cases of re-employment, emergency and transfer appointments, vacancies in Merit System positions are filled by the appointing authority from a selection of persons certified as eligible for appointment by the Human Resources Director. If the appointing authority cannot find an adequate appointment from among those certified, the Director of Administration may instruct the Human Resources Director to begin the recruitment and certification process again.

Temporary promotional appointments.

Except as set out in Subsection (A)(2)(c) below, an employee who is given a temporary promotional appointment may apply for regular appointment to the position but may not be given any specific credit in the examination procedure for time spent in the temporary promotional status.

Except as set out in Subsection (A)(2)(c) below, the temporary promotional appointment shall end and the appointee returned to his or her former position and rate of pay (or the rate he or she would be receiving except for the temporary promotional appointment) upon the regular appointment of a person to fill the vacancy.

An employee who is given a temporary promotional appointment and has performed in the position continuously and for such a period of time that they have satisfactorily completed the promotional probationary period shall be awarded the next available permanent position in their department of that classification in which they have served their promotional probationary period.

Certification of payroll changes. No additions, deletions or changes to Merit System employee payrolls may occur without the certification of the Human Resources Director. The Human Resources Director's decision to certify or not to certify changes in the payroll may be overturned by the Director of Administration.

Probation. Appointments to positions are awarded on a probationary basis and are subject to the provisions of probation.

Probation, except for situations described in Subsection (A)(4)(b) below, is initially for a term of six (6) months. An extension of probation of up to six (6) months is at the discretion of the appointing authority, but the Director of Human Resources and the employee must be notified prior to the end of the original probationary period. After a six (6) month term of probation, the probationary employee gains non-probationary employee status unless the appointing authority extends probation.

There are certain positions where the length of training or the seasonal nature of the duties and responsibilities require a longer period of probation. These will include, but not be limited to, licensed Peace Officers in the Police Department, Sheriff's Department and Department of Corrections, Correctional Officers in the Department of Corrections. Twelve (12) month probationary periods, without the possibility of extension except as provided in Subsection (A)(4)(c) below, may be required for these positions as a condition of employment upon the recommendation of the department head or elected official and with the prior approval of the Director of Administration. However, law enforcement employees who have completed an initial twelve (12) month probationary period and are promoted will serve a six (6) month probationary period in the new position unless extended. An extension of probation of up to six (6) months may be required at the discretion of the appointing authority or elected official, provided that the Director of Human Resources and the employee are notified of such extension prior to the end of the promotional probationary period.

When a probationary employee is unable to report for duty for a period of thirty (30) consecutive calendar days or more due to illness, injury, or leave of absence (other than military leave), the term of the probation shall be extended by the length of the period of absence.

An employee who is demoted into a new position is subject to the probation for a term of ninety (90) days. The appointing authority can extend the initial term of probation by an additional ninety (90) days if deemed appropriate.

Non-Competitive Appointments.

Reappointments.

A former employee who was laid off within the last two (2) years shall be returned to duty when a vacancy exists for the same position classification in the same department from which he was laid off. If there are two (2) or more former employees laid off from the same position classification in the same department, the employee returned to duty shall be determined in the reverse order of layoff.

Former non-probationary employees who resign in good standing and who apply for re-employment may be appointed to vacant positions in the same position classifications they previously occupied within twenty-four (24) months of the date of resignation.

Non-probationary employees who are promoted, then fail to successfully complete their promotional probationary period, shall have the right to return to the same position classification in the same department from which they were promoted if such position exists and is vacant. If not, such employees shall be eligible for rehire.

Non-probationary employees who are appointed to a position which is exempt from the Merit System shall retain the right to be returned to a position in the same position classification and department as previously held if such position exists and is vacant. If not, such employees shall be eligible for rehire.

Former employees whose names appear on the eligible list may be appointed within twenty-four (24) months of their date of separation to a similar position in the same or lower pay grade when the qualifications for the position are similar and they have been certified as eligible for appointment under the rules adopted by the Merit System Commission.

Probation. Reappointments pursuant to Subsection (B)(1)(b) and (e) of this Section are awarded on a probationary basis and are subject to the provisions of probation.

Emergency appointments. When an appointing authority determines it is essential to immediately fill a position to meet an emergency the appointing authority may request approval from the Director of Administration to make an emergency appointment. Emergency includes, but is not limited to, a loss of public property or public revenue, a threat to the public health, safety or welfare of citizens or an inability of a department to deliver essential services. If the Director of Administration grants that approval, the Human Resources Director shall certify the candidate of the appointing authority subject to the following procedures and conditions:

No person may serve under emergency appointments for more than twenty (20) working days unless authorized to do so by the Director of Administration; and

The Director of Administration may extend the length of emergency appointments to a maximum of ninety (90) calendar days; and

No person may serve under one (1) or more emergency appointments for more than ninety (90) calendar days in a twelve (12) month period.

Transfers.

An appointing authority may at any time permanently assign an employee from one position to another in the same position classification in the same department. Upon such assignment, the appointing authority shall immediately notify the Human Resources Director.

The appointing authority may, with approval of the Director of Administration, transfer an employee from a position in one classification to another position in a different classification if the Human Resources Director confirms that the positions are in the same pay grade and have the same or similar minimum qualifications.

Upon request of an employee and approval of both appointing authorities and the Director of Administration, an employee may move from one position to another position in another department if the Human Resources Director confirms that the positions are in the same pay grade and have the same or similar minimum qualifications.

When warranted by County operations, the Director of Administration may assign an employee from one position in one department, to another position in another department, provided:

The latter position is vacant;

The Director of Human Resources confirms that the two (2) positions are in the same pay grade or the salary of the employee can be reached on the new pay grade and the positions have the same or similar minimum qualifications; and

Section 115.420 Performance Management Program.

If the Department in which the latter position exists is headed by an elected official, that official approves or does not object to the employee's assignment.

This Section does not affect the power and duty of the County Executive to make transfers under the Charter.

Temporary promotional appointments. A department head or elected official may, with the approval of the Director of Administration, make a temporary promotional appointment when a vacancy in the position of an assistant director, division director or section manager occurs. Such appointment shall be approved only when leaving the position vacant while the normal recruitment and selection process occurs would jeopardize the proper oversight of one (1) or more significant County functions or services.

The following conditions and provisions apply:

An employee who is given a temporary promotional appointment may apply for regular appointment to the position but may not be given any specific credit in the examination procedure for time spent in the temporary promotional status.

The temporary promotional appointment shall end and the appointee returned to his or her former position and rate of pay (or the rate he or she would be receiving except for the temporary promotional appointment) upon the regular appointment of a person to fill the vacancy.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 04-014 §1, 1-28-2004; Ord. No. 06-144 §1, 11-1-2006; Ord. No. 10-009 §2, 1-27-2010; Ord. No. 13-103 §6, 12-19-2013; Ord. No. 14-128 §8, 12-15-2014; Ord. No. 17-110, 12-18-2017; Ord. No. 19-112, 12-17-2019; Ord. No. 23-105, 12-18-2023; Ord. No. 25-083, 12-15-2025]

In order to provide employees with information regarding expectations of performance and whether they are meeting those expectations and to acknowledge their efforts and suggest areas of improvement, it is the policy of St. Charles County that a performance management program be in place and evaluations be conducted. It is the goal of St. Charles County that employees are active participants in the establishment of performance expectations and evaluations. The evaluations shall be given consideration in determining the following matters:

Whether employees successfully complete the probationary period; and

Salary adjustments; and

Fitness for promotion, transfer, and reemployment; and

Order of layoff whenever a reduction in force is necessary; and

Severity of disciplinary actions.

The Human Resources Director shall structure an employee performance management program which shall be approved by the Director of Administration. A performance management program shall include the setting of goals for each employee by the appointing authority or elected official, as well as mid-year reviews, self-evaluations, and end-of-year performance evaluations.

Performance Agreement; Probationary Performance Appraisals; Performance Evaluations.

Performance Agreement. At the beginning of every promotional probation period or, for new hires, within thirty (30) days of hire, the employee and his/her supervisor should meet to discuss performance expectations, and the objectives and goals for that review period shall be memorialized in a performance agreement with input from the employee.

Probationary Performance Appraisals. Performance appraisals should indicate whether the probationary employee has met his/her goals on a scale of 1 through 5 for the probationary period. Performance appraisals shall be performed and reviewed with the employee at the following times:

During the last thirty (30) days of a probationary period; and

During the last fifteen (15) days of any extensions of the probationary period.

Performance Evaluations. Performance evaluations for non-probationary employees should indicate whether the employee has met his/her goals on a scale of 1 through 5. Performance evaluations shall be performed and reviewed with the employee at the following times:

The annual review period begins November 1 and continues to October 31 of the following year unless otherwise determined by the Director of Human Resources and covering the preceding twelve-month period; and

At the discretion of the appointing authority as an interim performance evaluation whenever the level of performance significantly improves or deteriorates.

If performance appraisals or performance evaluations are not performed at the times required by Subsection (C)(2) and (3), above, then:

A probationary employee shall gain non-probationary employee status as provided by Section 115.410(A)(4)(a), above; and

A non-probationary employee shall earn the higher of the following evaluations [as defined in performance evaluation forms developed by the Human Resources Director pursuant to Section 115.420(B), above]:

The minimum good evaluation; or

The prior year's evaluation.

Performance appraisals and evaluations shall be completed by the immediate supervisor as designated by the appointing authority or by the appointing authority as applicable and approved by the appointing authority. The immediate supervisor or appointing authority shall review the evaluation with the employee.

When employees have worked for more than one (1) supervisor during the evaluation period, the evaluation shall be performed by the current supervisor, but that supervisor shall consult with the previous supervisor if available regarding the employee's performance.

The employee shall have the opportunity to discuss the evaluation with the supervisor and shall acknowledge receipt of the evaluation. Acknowledgment of receipt does not signify that the employee agrees with the rating.

The completed evaluation shall be maintained and available in a confidential manner by the Human Resources Department.

Any employee except an appointing authority may appeal a performance evaluation exclusively through the procedure described in this Subsection.

An employee's appeal shall be brought within thirty (30) days of the date the performance evaluation is delivered to the employee, and such appeal shall be to the appointing authority, except in instances where the appointing authority performed the evaluation. Copies of such appeals shall be filed simultaneously with the appointing authority and the Department of Human Resources.

An appointing authority shall rule upon the employee's appeal within thirty (30) days of the date the appeal is delivered to the appointing authority. Copies of such rulings shall be issued simultaneously to the employee and the Department of Human Resources.

If an appointing authority timely rules upon an employee's appeal, an employee may appeal that ruling to the Director of Administration or his/her designee within thirty (30) days of the date the ruling is issued.

If an appointing authority fails to rule timely upon an employee's appeal, the Department of Human Resources shall send the appeal to the Director of Administration or his/her designee, and the Director of Administration or his/her designee shall rule on the employee's appeal within fifteen (15) days of the date by which the appointing authority should have ruled.

Where the appointing authority performed the evaluation, the appeal shall be made directly to the Director of Administration or his/her designee.

Performance Improvement Plans.

County employees are expected to maintain adequate job performance in order to ensure efficient government service and wise use of taxpayers' dollars. A Performance Improvement Plan ("PIP") may be used when training, retraining, or instruction can reasonably be expected to provide an employee the opportunity to overcome a problem in their job performance or when specific behaviors of the employee are impairing the efficient delivery of services to, or on behalf of, the public by County government. The purpose of the PIP is to set forth expectations and a plan to improve the performance of the employee to an acceptable level.

Suggested uses for a PIP include, but are not limited to, situations in which:

The non-probationary employee has received a performance evaluation less than 3.0 overall; or

The non-probationary employee has received a performance evaluation in one (1) or more areas that is below two and zero tenths (2.0) and in any particular area that the employee is not effectively performing their job; or

In conjunction with an evaluation conducted pursuant to Section 115.420(C)(3)(b) because the employee's performance has significantly deteriorated; or

In conjunction with discipline in order to set forth a plan for improved future performance.

Suggested content for a PIP may include:

The deficient evaluation, behavior, or discipline that has resulted in the need for a PIP;

The additional training, retraining, instruction, practice or performance improvement that the employee needs to undertake or behaviors that must be changed in undertaking job performance.

The measurable performance expectations that will be used to determine their success on the PIP.

The deadline for the employee to receive review under the PIP. The deadline shall allow sufficient time for any training or retraining and for any skill development that must occur. The deadline shall not typically be in excess of one (1) year.

All PIPs shall be reviewed by the Director of Human Resources prior to presentation to the employee.

All PIPs shall be signed and approved by the appointing authority, a supervisor (if applicable), and the employee. A fully executed copy of the PIP shall be provided to the employee and the Director of Human Resources. The Director of Human Resources will place a copy of the PIP within the employee’s personnel file.

Section 115.430 Involuntary Termination From The County Service.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 03-089 §4, 6-25-2003; Ord. No. 03-155 §§4—7, 10-1-2003; Ord. No. 10-009 §2, 1-27-2010]

Dismissal From Employment. All non-probationary and promotional probationary employees may be dismissed from their employment with the County in accordance with the provisions of Section 115.460, "Disciplinary Action". In addition, non-probationary and promotional probationary employees may be separated from their employment in the County service as set out in Subsections B through F below.

Failure To Satisfactorily Complete The Probationary Period. Probationary employees and promotional probationary employees are employed by the County on a trial basis to determine their suitability before becoming a non-probationary employee in that position.

[Ord. No. 23-105, 12-18-2023]

Probationary employees may be dismissed at any time for failure to make satisfactory progress or successfully complete their probationary period. A probationary employee has no right of appeal to the Merit Commission when such employee is separated from County service during the probationary period.

Employees in promotional probationary status may be removed at any time from their promotional positions for failure to satisfactorily complete their probationary period. Employees in probationary status do not have merit system rights or privileges and may not appeal their termination for failing to successfully complete their probationary period. Such failure to complete the promotional probationary period is addressed by Section 115.410(B)(1)(c). Disciplinary action for promotional probationary employees is set out in Section 115.470(A)(1)(a).

No-Fault Separation.

An employee will be separated from County employment and removed from the payroll under the following circumstances:

The employee is unable or unwilling to report for duty and perform the essential duties of his or her position and light duty (in accordance with Section 115.160, "Light Duty") is not available or is not granted; and

[1]The employee is not on approved leave of absence in accordance with Section 115.290, "Leave of Absence Without Pay" or accrued leave or compensatory time, if any; and the employee has not been approved for FMLA coverage or has exhausted such coverage.

Section 115.440 Non-Competitive Conversion.

Editor’s Note: Former Subsection (C)(1)(b), which listed the employee having exhausted any Family Medical Leave Act (FMLA) entitlement as a reason for being terminated from County employment, was repealed by Ord. No. 19-112, 12-17-2019. This ordinance also provided for the redesignation of former Subsection (C)(1)(c) as Subsection (C)(1)(b).

A no-fault separation shall not be processed unless the employee has received written notice of the action at least five (5) calendar days before the employee is to be removed from County service.

The written notice shall contain the following:

The information set out in Section 115.430(C)(1)(a) and (b) above.

[Ord. No. 20-095, 12-21-2020]

A statement that the employee may present information to the appointing authority showing such information presented by the appointing authority is incorrect and in what manner it is incorrect.

Information that an employee who has been removed from the County service through no-fault separation may seek review of the appointing authority's decision from the Director of Administration. The employee's request for review by the Director of Administration must be received by the Director of Administration within seven (7) calendar days of the date of separation.

A request for review by the Director of Administration shall contain the following:

The name, home address and phone contact information of the person seeking review; and

The specific information concerning Section 115.430(C)(1)(a) and (b) which the person alleges is incorrect or any information in mitigation.

[Ord. No. 20-095, 12-21-2020]

The Director of Administration shall issue a decision in writing and such decision shall be final. The decision of the Director of Administration shall not be appealable to the Merit Commission.

An employee who has been removed from County service by a no-fault separation may be eligible for rehire.

[Ord. No. 23-105, 12-18-2023]

Job Abandonment. When an employee fails to report for scheduled duty without calling, in accordance with department procedures, and such failure persists for three (3) consecutive scheduled workdays, the employee has abandoned his employment and the appointing authority may proceed to notify the Director of Human Resources that the employee is to be removed from County service as follows:

Following three (3) consecutive scheduled workdays during which the employee failed to report for scheduled duty and failed to call in following required procedures, the appointing authority shall send notice by registered mail with return receipt, or like mail service with delivery confirmation, to the last known address of the employee.

The notice shall be sent to the employee in a manner that allows for "proof of mailing".

The notice shall state that the employee has abandoned his job as of the close of business of the third (3rd) consecutive scheduled workday for which the employee failed to report or for which the employee did not call in, and thus has been removed from the County service.

The notice shall inform the employee that the employee has seven (7) calendar days from the date of mailing to contact his appointing authority and apply, in writing, for reinstatement. Such application for reinstatement shall set forth the employee's justification for failing to report or call in. If the employee fails to contact the appointing authority within seven (7) days from the date of mailing, the employee has forfeited the opportunity for reinstatement, but may apply for employment through the normal County employment process.

[Ord. No. 21-099, 12-20-2021]

If the employee applies for reinstatement, the appointing authority shall review the justification for failing to report or call in and shall determine whether to reinstate the employee.

If the appointing authority determines separation from County service for job abandonment is not appropriate, the appointing authority may impose disciplinary action and/or denial of paid leave. All employees reinstated shall have their leave balances, all other benefits and seniority restored as if the employee had not experienced a break in service. If an appointing authority determines separation from County service is not appropriate, he shall notify the employee in writing of his decision, including any alternative disciplinary action, if appropriate, and forward that decision to the employee in a manner that allows for "proof of mailing" and "proof of receipt".

If an appointing authority determines separation from County service is appropriate, he shall notify the employee in writing of his decision and forward that decision to the employee in a manner that allows for "proof of mailing" and "proof of receipt".

An employee who has been removed from the County service for job abandonment may seek review of the appointing authority's decision from the Director of Administration. The employee's request for review by the Director of Administration must be received by the Director of Administration within seven (7) calendar days of the date of receipt of the notice.

A request for review by the Director of Administration shall contain the following:

The name, home address and phone contact information of the person seeking review; and

The specific information concerning the employee's claims of circumstances which mitigate the employee's failure to report or call in.

The Director of Administration shall issue a decision in writing and such decision shall be final. The decision of the Director of Administration shall not be appealable to the Merit Commission.

Layoffs. The County shall make every reasonable and proper effort to avoid the necessity to lay off employees. However, when there is a need to reduce the number of employees because of a lack of funds, a lack of work or other circumstance, the County shall proceed to make the necessary layoffs in accordance with the following procedures:

The Director of Administration, in consultation with the appointing authority, shall determine the department's needs and decide from which classification the layoffs are to be made.

The number of positions in each classification to be eliminated shall be reported to the appointing authority by the Director of Administration.

If the needs of the County dictate that one (1) or more employees possessing specialized skill, knowledge, ability, certification or licensure be retained, this requirement shall be included in the notification. The appointing authority shall determine the order of layoff by applying the following criteria:

Employees hired on an emergency appointment; followed by

Employees occupying temporary positions in reverse order of their length of service (except that non-probationary employees occupying temporary positions shall be considered in the group described in Subsection 2.d below); followed by

Employees who are in their probationary period (except those who have been in a temporary promotional position or temporary assignment long enough that they have successfully completed their promotional probationary period) in reverse order of their length of service; followed by

Remaining employees in the affected classes, including those who have been in a temporary promotional position or temporary assignment long enough that they have successfully completed their promotional probationary period, who shall be designated for layoff by the appointing authority, with the approval of the Director of Administration, giving consideration to their merit and ability.

The effective date of the layoff shall be established by the Director of Administration with the advice of the appointing authority.

Employees who are to be laid off shall be given as much notice as possible, but in no circumstances less than two (2) weeks. The notice shall contain the precipitating reason for the layoff and may contain an offer of assistance with seeking other employment with the County or other employers.

When the layoffs have occurred, the Human Resources Director shall be advised and shall certify the removal of the employees from the payroll.

Non-probationary employees whose names appear on the layoff list do not have the right to "bump" (transfer or demote) into a filled position. Promotional probationary employees do have the right to "bump" back into their former class of position in their former department if such a position is vacant or if such a position is occupied by an employee who has been appointed on an emergency basis or has not yet completed their probationary period.

(Reserved)[2]

[2]

Editor’s Note: Former Subsection F, Merit System Employment For New Hires And Promotional Employees Hired On Or After The Effective Date Of This Section, was repealed by Ord. No. 19-112, 12-17-2019.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 10-009 §2, 1-27-2010]

When the County acquires or assumes responsibility for the management and operation of any governmental, public or quasi-public agency or utility, non-profit service organization, or any component or subgroup thereof, all individuals who are employed by the acquired organization may be granted non-competitive conversion to the Merit System and are subject to all it entails.

Status. The status of individuals who are employed by the acquired organization, whether probationary, promotional probationary or non-probationary, shall be determined and shall remain unchanged and continue unaffected by the conversion.

Employee relations. Effective on the date of conversion, any previously negotiated contracts, understandings between the individuals and former employer, and conditions of employment, whether stated or implied, shall be deemed null and void.

Classification and pay administration. The County's Position Classification Plan and Basic Pay Plan shall apply in all instances of non-competitive conversion. In such cases, the Human Resources Director shall allocate each position to the appropriate position classification prior to conversion. No individuals shall suffer reduced pay by virtue of conversion. Any pay increases shall be subject to the following rules:

If the compensation for the position is below the pay range for its new position classification, the compensation shall be raised to the minimum of that pay range.

If the compensation for the position is within the pay range for its new position classification, the compensation shall remain unchanged, but may be augmented later as permitted by the Personnel Administration Program.

If, and so long as the compensation for the position is above the pay range for its new position classification, the compensation shall remain unchanged but may be augmented thereafter as permitted by the Personnel Administration Program.

Paid leave benefits. Eligibility for accrual and use of paid leave benefits of the County's leave programs shall begin upon conversion. Accrual rates shall recognize prior service with the acquired agency or jurisdiction as if its employees had been employed by the County. Existing leave balances documented by the appointing authority and consistent with the County's leave program shall be transferred after audit and adjustment by the Human Resources Director. Accrued benefits not consistent with County leave programs and all accrued compensatory time balances must be used or paid to the individuals prior to conversion.

Other compensation. Only the forms of compensation and benefits permitted by the County shall be provided to individuals who are converted to the Merit System in accordance with terms of the conversion.

Section 115.450 Political Activity.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 04-114 §1, 7-28-2004; Ord. No. 10-009 §2, 1-27-2010]

The Charter defines specific political activities which are prohibited for all employees and elected officials. In addition, the Charter specifies that the Merit System Commission shall insure that employees not be discriminated against "on account of ...political affiliation or activity or lack thereof". This Chapter is designed to remove partisan political activity from the workplace. The Merit System Commission shall actively investigate and recommend penalties whenever suspected violations of the provisions of the Charter and this Part 2 of the Personnel Administration Program exist.

Political activity outside working hours.

Merit System employees may voluntarily participate in political activities outside working hours subject to the prohibitions listed in this Section and in accordance with rules promulgated by the Merit System Commission.

Merit System employees are encouraged to be informed citizens, to vote and to take part in the political process. This Section does not prohibit, subject to the provisions listed in Subsection (2) below, any employee in the Merit System from membership in a political club or organization, from attendance at political meetings, from enjoying entire freedom from all interference in casting their vote, from expressing their opinions on all political questions while off duty and away from the work site, nor from seeking or accepting appointment or election to public office.

Prohibited political activity.

Political activity may not take place on County work sites. Political activity shall include:

The solicitation of contributions for a political candidate, a political party or a partisan or non-partisan political purpose;

The solicitation of votes for a political candidate, a political party or a ballot issue, or the solicitation of service in behalf of a political candidate, a political party or a ballot issue;

The distribution of partisan or non-partisan campaign literature at the work site; and

Initiating or circulating partisan or non-partisan nominating petitions at the work site.

The wearing of political buttons, stickers or other sign of the person's private political belief on the person of the Merit System employee is prohibited in the workplace. Bumper stickers or other political signs on the personal vehicle of a Merit System employee shall be considered to be private political expression and shall not be prohibited.

County uniforms, County-issued identification badges, and/or County insignia shall not be worn or displayed while engaged in political activity.

Partisan and/or non-partisan election materials shall not be affixed to, stored in, distributed from or made available at or on any County property or County vehicle. Historical political materials may be used as decoration or displayed in office space assigned to an individual employee only if that space is not generally accessible to the public. No such materials may be affixed to windows or doors of any office. Historical political materials or memorabilia shall not include materials which depict a current office holder of a particular State, local or national elected office.

Merit System employees may not act or conduct themselves as representatives of County government while participating in any partisan or non-partisan political activity. If the Merit System employee identifies his/her employer as St. Charles County or any of its departments or divisions in any political forum, then the employee shall positively state that they are not representing the views of St. Charles County.

County equipment, materials, supplies, transportation, etc. may not be utilized for any political activity.

Neither elected officials nor employees shall personally solicit or require any Merit System employee to pay any assessment or contribution or perform any service which shall benefit anyone occupying or seeking employment, nomination or election to any public office.

Neither elected officials nor employees shall promise or threaten to promote, remove or reduce any employee under the Merit System for making or refusing to make any contribution for any political party or purpose, or for rendering or refusing to render any political service.

Reporting alleged prohibited political activity. Reports of alleged prohibited political activity shall be made in writing and in detail. Complaints shall be signed and contain the phone number of the complainant. The complaint shall be sent to the Chairperson of the Merit System Commission in care of the Merit System Secretary. The envelope shall be sealed and marked as confidential. The complaint shall be forwarded directly to the Chairperson and shall not be opened by the Merit System Secretary.

Investigations. In carrying out investigations pursuant to this Section, the Commission may request subpoenas as provided in Subsection 4 of Section 115.470.

Sanctions.

When a Merit System employee who has been found by the Merit System Commission to have engaged in political activities forbidden by the Charter or this Part 2 of the Personnel Administration Program, the Merit System Commission may refer the matter to the Director of Administration under Section 115.370.B.2.c of this Part 2 of the Personnel Administration Program.

When employees exempted from the Merit System are found to have violated Article VII, Sections 7.502.5 or 7.502.7 of the Charter or Subsection 2 of this Section of this Part 2 of the Personnel Administration Program, the Merit System Commission shall refer the matter to the Director of Administration.

When elected officials are found to have violated Article VII, Sections 7.502.5 or 7.502.7 of the Charter or Section 7.502.5 or Subsection 2 of this Section of this Part 2 of the Personnel Administration Program relating to political activities, the Merit System Commission shall refer the matter to the County Council.

When the Director of Administration is found to have violated Article VII, Sections 7.502.5 or 7.502.7 of the Charter or Subsection 2 of this Section of this Part 2 of the Personnel Administration Program relating to political activities, the Merit System Commission shall refer the matter to the County Executive and the County Council.

Authority for opinions on political activity. Employees in doubt as to whether a proposed activity is in conflict with this Section should seek an opinion from the Merit System Commission before engaging in such activity.

The Hatch Act. If any Merit System employee, due to the source of departmental funding, becomes covered by the Hatch Act or other similar Federal or State law governing political activities, it shall be the duty of the appointing authority to so advise the employee. It shall then be the employee's responsibility to comply with the provisions of the Federal or State law in addition to the provisions of Part 2 of the Personnel Administrative Program and Merit System rules.

Voting. Employees shall be encouraged to exercise their privilege to vote. Normally employees shall be expected to vote during off-duty hours. In accordance with applicable law, voters may be absent from employment for a period of three (3) hours while the polls are open for the purpose of voting without threat of discharge, discipline or deduction in pay. The employee shall request a leave of absence for voting purposes from his/her department head prior to the day of an election when they do not have three (3) successive hours while the polls are open in which he or she is not scheduled to work. The department head may specify any three (3) hours between the time of opening and the time of closing the polls during which such employees may be absent.

Section 115.460 Disciplinary Action.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 10-009 §2, 1-27-2010; Ord. No. 12-019 §2, 3-2-2012; Ord. No. 12-083 §10, 11-5-2012; Ord. No. 15-121 §2, 12-21-2015; Ord. No. 19-019, 3-25-2019; Ord. No. 19-112, 12-17-2019; Ord. No. 23-105, 12-18-2023; Ord. No. 24-107, 12-16-2024]

Progressive Discipline. It is the policy of St. Charles County to utilize a progressive disciplinary approach to address behavior and performance problems. Progressive discipline involves the imposition of increasingly severe disciplinary procedures when behavior or performance problems persist. Disciplinary action may also be accompanied by a Performance Improvement Plan ("PIP"), as provided in Section 115.420(J). Progressive discipline is not required for probationary employees. Possible disciplinary actions which may be taken are:

Oral counseling or retraining. The employee is told of the problem and what is expected in the future. If a training problem exists, the necessary remedial training is given. The emphasis is on solving the problem quickly upon discovery. All oral counseling or retraining is documented in the supervisor's records.

Written reprimand. The employee is presented with a written account of the problem and a description of the actions to be taken or the type of behavior which is expected in the future. Whenever there is a violation of a particular written policy or work rule, this shall be referenced. A copy of the written reprimand is forwarded to the Department of Human Resources for inclusion in the personnel file of the employee.

Suspension. The employee is removed from work and suspended without pay for a specified period of time. The length of the suspension shall be from one (1) to twenty (20) workdays.

Reduction in pay. In lieu of a suspension, the appointing authority may order the temporary reduction of the employee's pay. The reduction in pay can be up to six percent (6%) of the employee's wages for a period of up to three (3) months or a comparable amount if below the pay range.

Demotion. The employee may be demoted to a vacant position in a lower pay range.

Dismissal. The employee is terminated from the County position.

Not all steps as listed above must be utilized. The number and sequence of disciplinary actions taken prior to dismissal or demotion shall be tempered by the nature of the problem and the employee's prior disciplinary and performance record.

Exceptions To Progressive Discipline. Some inappropriate behavior or unacceptable performance is so disruptive, unsafe, or prejudicial to the County, that immediate and severe disciplinary action may be warranted without the use of progressive discipline. Examples would include but would not be limited to:

Physical or verbal abuse of a supervisor, fellow employee, or citizen;

Falsification of official records;

Commission of an act that results in misdemeanor or felony charges or convictions;

Violation of the County's Policy on Drugs and Alcohol;

Insubordination by failure to carry out a direct order;

Theft, misuse or unauthorized use of or access to County property, supplies or equipment, including the County's computer network, systems, software or data;

Unauthorized possession of a weapon while on duty;

Endangering the health and/or safety of fellow employees;

Obtaining secondary employment outside the guidelines set forth in Personnel Administration Program, Part 1, Benefits and Conditions of Employment, Section 115.080; and

10.

Violation of the County's Anti-Harassment Policy, OSCCMo Section 115.130.

Investigation Prior To Severe Disciplinary Action. Prior to taking severe disciplinary action, an appointing authority shall investigate or cause to be investigated the facts and allegations warranting the proposed action.

The appointing authority may conduct the investigation personally. Alternatively, the appointing authority may designate another to conduct the investigation with the approval of the Director of Administration.

For many alleged infractions, an employee may continue to work while the matter is being investigated and disciplinary action is being considered. However, the appointing authority may relieve an employee from duty without pay for not more than five (5) working days pending an investigation into alleged disruptive, destructive or grossly inappropriate behavior or performance, or when the employee's presence jeopardizes the investigation or preservation of evidence. With the prior approval of the Director of Administration, such relief from duty may be extended beyond five (5) working days when additional time is needed to complete the investigation.

When an employee is removed from duty pending investigation and possible severe disciplinary action based on the above criteria, the employee may be placed on unpaid leave, or at the employee's option, may be placed on paid time off or earned compensatory time. If no suspension without pay, reduction in pay, demotion or dismissal is imposed within a reasonable time, the employee may have the time restored to his/her balance missed. In such cases, the employee may submit a request to the Director of Administration to restore the employee's accrued time or unpaid compensation, without however barring an appointing authority from instituting such disciplinary action as may be appropriate.

If an employee resigns prior to any disciplinary action taken by the appointing authority or elected official, compensation will not be provided to the employee for unpaid leave nor shall the Director of Finance restore the employee's accrued paid time off or compensatory time used during the removal from duty pending investigation.

Employees who resign prior to any disciplinary action may request restoration of paid time off or compensatory time used during the removal pending investigation. This request must be in writing and submitted to the Director of Administration within ten (10) days of submission of resignation. The employee's written request and the written determination of the Director of Administration shall become a part of the employee's personnel file. The decision of the Director of Administration shall not be appealable to the Merit Commission.

Employees who resign prior to the conclusion of disciplinary action are not eligible for rehire.

Pre-Disciplinary Review Prior To Severe Disciplinary Action. A pre-disciplinary review is an informal opportunity for the employee to learn of the proposed severe disciplinary action and to present any information which the employee feels should be considered prior to a final decision being made.

No suspension, reduction in pay, demotion or dismissal shall be taken against a non-probationary or promotional probationary employee unless they have been given the opportunity to have a pre-disciplinary review. The employee must be given the following information in writing:

The proposed discipline being considered; and

The general reason for the proposed discipline; and

The right to a pre-disciplinary review; and

The manner in which the employee must schedule the review, or as an alternative, the date and time of the review which must be at least two (2) working days following receipt of the notice unless the employee agrees to a shorter time frame; and

The opportunity for the employee to bring one (1) person to the pre-disciplinary review; this individual may act as an observer but will not be permitted to take part in the proceeding.

The actual pre-disciplinary review shall be conducted by the appointing authority or his designee. Following the pre-disciplinary review, the information presented by the employee shall be considered and any additional investigation conducted.

Processing And Imposing Disciplinary Action.

Oral counseling, retraining, and written reprimands are issued in accordance with procedures established for the department by the appointing authority and in accordance with Part 2 of the Personnel Administration Program. Copies of all written reprimands shall be sent to the Department of Human Resources for inclusion in the employee's file.

If, after pre-disciplinary investigation and review, an appointing authority decides to take severe disciplinary action, the appointing authority shall, after submitting the Notice of Proposed Discipline, the employee's response and any other information requested by the Director of Administration, and upon receiving the approval of the Director of Administration, give written notice of the chosen disciplinary action to the employee and to the Department of Human Resources. The written notice shall include the following:

The effective date of the chosen disciplinary action;

The reasons for the action which may include one (1) or more of the following:

The employee is unwilling or unable to perform the duties or their position in a satisfactory manner; or

The employee has committed an act or acts prejudicial to the County service; or

The employee has omitted to perform an act or acts it was his duty to perform; or

The employee has rendered service that is below satisfactory standards or has otherwise become subject to disciplinary or other corrective measures; or

(5)

The employee has violated the Charter, constitutional or statutory prohibitions against conflicts of interest.

The appropriate details which shall include:

References to prior disciplinary actions; and

Section 115.470 Appeals, Hearings, Reviews and Grievances.

Except in cases of dismissal, a warning that further unacceptable performance or inappropriate behavior will result in more severe disciplinary action including dismissal.

Immediately upon receiving notice of severe disciplinary action, the Director of Human Resources shall place it in the employee's personnel file and certify resulting changes in payroll.

[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 03-089 §5, 6-25-2003; Ord. No. 04-014 §2, 1-28-2004; Ord. No. 04-114 §2, 7-28-2004; Ord. No. 06-144 §1, 11-1-2006; Ord. No. 10-009 §2, 1-27-2010]

Chapter 536, RSMo., shall govern appeals filed under this Section whenever applicable.

Appeal rights.

A non-probationary or promotional probationary merit system employee may appeal disciplinary action taken against him in the form of a:

Suspension without pay for more than three (3) days; or

Reduction in pay, the total dollar amount of which is the equivalent of more than three (3) days' pay for the employee; or

Demotion; or

Dismissal.

An applicant, Merit System employee or appointing authority may appeal:

Examination procedures and/or results;

Ratings;

Allocations; and

Failure by the appointing authority to appoint, in accordance with Section 115.410.B.1.b, a former non-probationary employee to a position in the same classification and in the same department from which he was laid off within the last twenty-four (24) months.

Verbal counseling and written reprimand are not appealable, but the employee may submit a written response to a written reprimand that shall become part of the employee's personnel file.

Waiver of appeal rights. The failure of an aggrieved party to appeal in the manner, form and within the time required under this Part 2 of the Personnel Administration Program or rules adopted by the Merit System Commission or the failure to prosecute an appeal before the Merit System Commission shall be a waiver of all appeal rights.

Time to appeal. An aggrieved party shall have fifteen (15) calendar days from receipt of the notice of a decision to file an appeal.

Form of appeal. All appeals shall be submitted to the Chairperson of the Commission in writing on forms provided by the Secretary and shall contain the following:

The name, home address, and home and work phone numbers of the aggrieved party;

The position held (if any) by the aggrieved party;

The nature of the action taken;

The reason for the appeal;

(5)

The remedy requested; and

(6)

The name, address and phone number of the appellant's legal counsel if represented.

Notification procedure. Upon receipt of an appeal, the Chairperson shall notify all parties in writing of the time and place of the hearing, and of the procedures to be followed in considering the issues raised.

Hearing date.

The Chairperson of the Merit System Commission shall within a reasonable time set the hearing date giving consideration to:

The presence of other appeals and requests for consideration pending before the Merit System Commission;

The impact of the action appealed upon the individual and the County; and

The availability of a quorum of Merit System Commissioners, the appellant, the appointing authority or his/her representative, and legal counsels.

Hearing procedure.

The matter shall be heard by a quorum of the Merit System Commission. In the alternative, the Merit System Commission Chairperson may appoint a neutral hearing officer who is a member of the Merit System Commission or is retained from a source outside County employment to hear the matter and make a record to be reviewed by the Merit System Commission which shall then make the decision.

All hearings shall be held at the location designated in the public notice.

Hearings shall be closed to the public unless both parties agree to an open hearing in conformance with Chapter 610, RSMo. ("Sunshine Law") and amendments thereto.

Aggrieved parties may be represented by counsel.

Investigations.

Any party to an appeal may request the County Council to issue subpoenas or subpoenas duces tecum as provided by Article II, Section 2.531 of the Charter. Where a party desires the issuance of a subpoena for any witness or records at any hearing, that party must apply to the Council sufficiently in advance of the hearing so that the subpoena may be delivered to the requesting party by mail or by FAX at least three (3) working days before the hearing. The requesting party shall provide the name and address of any witness subpoenaed, a detailed description of any records to be subpoenaed and a statement of what is intended to be proven by the records. The Council Chair or his designee issues the subpoena by request, but the service of the subpoena rests in the hands of the party requesting it. Service of the subpoena is to be effected in accordance with Section 536.077, RSMo., and the County Council may enforce the subpoena as provided by Section 536.077, RSMo.

Notice of the issuance of the subpoena shall be provided to all parties of the Merit System Commission at the time of issuance.

The Council Chair or his designee may hear motions to quash by telephonic hearing.

Attendance, witnesses and subpoenas. The following parties shall attend hearings:

The aggrieved party;

The appointing authority or the appointing authority's designee;

The Secretary to the Merit Commission; and

Witnesses appearing by agreement or subpoena, at the time such witnesses are required to testify, subject to requests by parties for the exclusion of witnesses from hearings except when testifying.

Decisions of the Merit System Commission. All decisions of the Merit System Commission shall be final.

The decision shall be rendered by a majority of the Merit System Commissioners who are qualified to vote on the appeal by attending the entire hearing, listening to the tape recording or reading the transcript of the hearing and reviewing the exhibits.

No party or his counsel shall be present at deliberations of an appeal unless all parties or their representatives are present or been provided the opportunity to attend. Deliberations may be closed pursuant to Section 610.021(3), RSMo.

All decisions following hearings shall be in writing. The Merit Commission shall not merely adopt the findings and conclusions proposed by a party, but shall author a decision and order which shall include findings of fact, conclusions and a decision. The findings of fact shall be stated separately from the conclusions and shall include a concise statement of the findings on which the Merit Commission bases its order.

All decisions shall be rendered within sixty (60) calendar days following the end of the hearing and the final submittal of all evidence and briefs. The Merit Commission shall give written notice of its decision by delivering or mailing such notice to each party or his attorney of record.

The Merit System Commission may order remedies in accordance with Sections 115.370.B.1.d or 115.370.B.2.b of this Part 2 of the Personnel Administration Program.

Employee grievance procedure.

Sometimes situations occur on the job which have a negative effect upon employee morale and for which no other avenue of relief is available in the Personnel Administration Program. Employees need to feel that a mechanism exists to allow consideration and resolution of these issues. The Employee Grievance Procedure is meant to address these issues and includes the following steps:

Step 1.

The employee meets with his/her immediate supervisor in an attempt to resolve the matter informally and quickly. The employee describes the nature of the grievance and the specific relief or actions that he/she is requesting. This initial informal meeting should occur within five (5) working days following the incident. The supervisor is responsible for consulting his/her superiors, through the chain of command and making any necessary investigation. The supervisor shall inform the employee in writing within ten (10) working days of the initial meeting with the employee as to whether the relief or action requested can or will be implemented. As part of Step 1, other members of the chain of command including the elected official or department head may choose to meet informally with the employee.

Every effort should be made to resolve the matter at Step 1. However, when the employee requests and the appointing authority concurs, Step 1 may be by-passed and the employee may start with Step 2.

Step 2.

If the matter is not resolved to the satisfaction of the employee at Step 1, he/she may submit an "Employee Grievance Procedure Form" available from the Department of Human Resources. The employee shall describe in writing the nature of the grievance and the specific relief or action that he is requesting. The form shall be forwarded to the appropriate elected official or department head within five (5) working days. The elected official or department head will consider the information given and may conduct any necessary investigation. The elected official or department head will respond by completing the appropriate section of the Employee Grievance Procedure Form advising the employee as to whether the relief or action requested can or will be implemented. This form shall be returned to the employee within ten (10) working days following receipt.

When the employee requests and the appointing authority concurs, Step 2 may be by-passed and the employee may start with Step 3.

Step 3. If the matter is not resolved at Step 2 to the satisfaction of the employee, he may complete the appropriate section of the Employee Grievance Procedure Form indicating why he is dissatisfied with the decision of the elected official or department head. The form is then forwarded to the Director of Administration for final determination as to whether the relief or action requested can or will be implemented. The written conclusion of the Director of Administration shall be entered in the appropriate section of the form. Copies of the completed form will be returned to the employee, and the elected official or department head, both of whom will be expected to abide by the decision of the Director of Administration.

[Ord. No. 14-128 §9, 12-15-2014]

The Employee Grievance Procedure may not be used for classification or compensation actions, or disagreements with policies established by the County Council or the County Executive. A separate procedure is used to appeal disciplinary actions.

The Human Resources Director shall be provided with a copy of all grievance procedure forms and attachments for inclusion in the employee's personnel file.

Section 115.480 through Section 115.550. (Reserved) [1]