[Ord. No. 01-021 §1, 2-28-2001; Ord. No. 16-105 § 13, 12-19-2016; Ord. No. 23-105, 12-18-2023]
A.
The
Director of Administration is hereby authorized to allow employment
of individuals in excess of the number of FTE authorized in the budget
for a particular position classification in the following circumstances:
1.
When any position authorized in the budget becomes vacant, the appointing
authority may replace that position with a position of the same or
lower pay grade, subject to the approval of the Director of Administration.
2.
At any time during the fiscal year, with the approval of the
Director of Administration, a department may temporarily exceed the
budgeted FTEs for a particular position classification in order to
provide an overlap whereby an employee may be appointed to a position
which will soon be vacated thereby allowing for a short period during
which the departing employee may assist in the necessary training
of the replacement. For single incumbent positions in Pay Band C and
other similar positions where significant knowledge transfer from
the departing employee to the replacement is necessary, the overlap
period shall be for a reasonable period as determined by the Director
of Administration. For all other positions, the overlap period shall
not exceed two (2) weeks.
B.
Such
authorizations from the Director of Administration shall be used sparingly
and only when the Department has sufficient funds already budgeted
to support the salary and benefit expenses incurred.
[Ord. No. 09-004 §§1—20, 1-27-2009]
A.
Responsibilities. The St. Charles County Merit Commission
is hereby charged with responsibility, as set forth herein, in matters
relating to the proposal of law enforcement employee collective bargaining
representatives, including the petitions for certification and decertifications,
unit clarifications, amendments of certification, determining the
validity of the showing of interest, notices of and procedures for
elections and operation of runoff elections.
B.
APPOINTING AUTHORITY
CERTIFICATION
COMMISSION
COUNTY
LAW ENFORCEMENT OFFICER
MEDIATOR
OFFICER
PARTY
SHOWING OF INTEREST
Definitions. The following definitions are listed to clarify
the terminology within this Chapter exclusively and apply unless otherwise
specifically provided or unless plainly repugnant to the intent of
the law or the context:
The County Director of Administration or the elected official
or appointed director who serves as the County's officer in charge
of a department.
The designation by the St. Charles County Merit Commission
of an employee organization selected as the majority representative
of employees through an election in an appropriate unit.
The St. Charles County Merit Commission.
Saint Charles County, a Charter County and political subdivision
of the State of Missouri.
A commissioned or licensed Law Enforcement Officer armed
by the County as a part of his duties and having responsibility for
maintaining order, preventing or detecting crime or enforcing laws.
The St. Charles County Merit Commission or any officer so
designated by the Commission to perform the functions and duties of
mediation.
Any member of the Merit Commission named by the Commission
to act on the Commission's behalf. The Commission may delegate to
such officer all of the powers conferred upon the Commission in connection
with the discharge of the duty(ies) so delegated.
Any law enforcement employee or group of employees, law enforcement
organization or law enforcement appointing authority filing a petition,
request or application under these rules; any law enforcement organization
or law enforcement appointing authority named as a party in a complaint,
request, application or petition filed under these rules; any incumbent
majority representative; or any other person, organization or law
enforcement appointing authority whose intervention in a proceeding
has been permitted or directed by the Commission, but nothing in this
rule shall be construed to prevent the Commission or any designated
officer from limiting any party's participation in the proceedings
to the extent of his interest.
A designated percentage of law enforcement employees in an
allegedly appropriate bargaining unit or a bargaining unit determined
to be appropriate, who are members of a labor organization or have
designated it as their exclusive bargaining representative or have
signed a petition requesting an election for certification or decertification
of employee representatives.
C.
Petitions For Certification Or Decertification.
1.
A petition for certification of a law enforcement employee representative
may be filed by any law enforcement employee, group of law enforcement
employees, any law enforcement employee organization claiming to be
the majority representative of law enforcement employees in an appropriate
unit.
2.
A petition for certification of law enforcement employee representative
may be filed by the County law enforcement appointing authority alleging
that one (1) or more County law enforcement employees, group of County
law enforcement employees or law enforcement employee organizations
have presented to him a claim to be recognized.
3.
A petition for decertification of law enforcement employee representative
may be filed by any law enforcement employee or group of law enforcement
employees alleging that the certified law enforcement employee representative
is no longer the majority representative of such employees.
4.
Petition for unit clarification or amendment of certification may
be filed by the County Director of Administration. In the case of
an elected official, the elected official may petition the Director
of Administration to seek unit clarification or amendment of certification.
The determination of the Director of Administration shall be the final
decision of management as to whether to seek such a determination.
5.
All petitions shall be in writing and shall be filed with the Merit
Commission Secretary.
D.
Contents Of Petition For Certification.
1.
A petition for certification of a law enforcement employee representative,
when filed by a law enforcement employee, group of law enforcement
employees or any law enforcement employee representative, shall contain
substantially the following:
a.
Name of the department in which the bargaining unit is proposed;
b.
A description of the bargaining unit claimed to be appropriate for
the purpose of exclusive representation by the petitioner. Such description
shall indicate the general classifications of employees sought to
be included and those sought to be excluded and the approximate number
of employees in the unit claimed to be appropriate;
c.
Date of the request for recognition as majority representative;
d.
Name, address and telephone number of the certified exclusive representative,
if any, and the date of such certification and the expiration date
of any applicable contract, if known to the petitioner;
e.
Names, addresses and telephone numbers of any other interested employee
organizations, if known to the petitioner;
f.
Any other relevant facts;
g.
Name and affiliation, if any, of the petitioner and its address and
telephone number;
h.
The signature of the petitioner's representative, including his/her
title, telephone number and facsimile number; and
i.
A petition for certification of law enforcement employee representative shall be accompanied by a "showing of interest", as defined in Subsection (B) above, of not less than thirty percent (30%) of the employees in the unit alleged to be appropriate. Such showing of interest shall be dated not more than six (6) months prior to filing of petition.
2.
A petition for certification of law enforcement employee representative
filed by a law enforcement appointing authority shall state that a
claim for representation has been made by one (1) or more law enforcement
employees, groups of law enforcement employees or law enforcement
employee organizations and that the law enforcement appointing authority
has a good faith doubt concerning the majority representative of its
employees.
E.
Contents Of Petition For Decertification. A petition for
decertification of law enforcement employee representative shall contain
substantially the following:
1.
A statement that the law enforcement employee representative certified
by the Merit Commission no longer represents a majority of the employees
in the collective bargaining unit in which it is currently certified
and such employee organization asserts a claim to be the majority
representative of the employees;
3.
The petition for decertification shall be accompanied by a showing
of interest of not less than thirty percent (30%) of the employees
in the unit in which an employee representative has been certified.
A showing of interest shall indicate that the employees no longer
desire to be represented for purposes of collective bargaining by
the certified employee representative.
F.
Petition For Unit Clarification.
1.
The petition may be filed by the certified representative, the law
enforcement appointing authority or both. Petitioner(s) seeks clarification
of placement of certain job classifications of a bargaining unit previously
certified by the Merit Commission.
G.
Petition For Amendment Of Certification.
1.
The certified representative or the law enforcement appointing authority
may file a petition for amendment of certification. Petitioner seeks
an amendment to reflect changed circumstances (such as merger or affiliation)
in a unit covered by a certification and where no question concerning
representation exists.
H.
Number Of Copies Of Petition To Be Filed. Five (5) copies
of all petitions listed under these rules shall be filed with the
Merit Commission by mail addressed to: Secretary of the Merit Commission,
100 North Third Street, Suite 124, Saint Charles, MO 63301 or in person
at that address. Copies shall be served simultaneously on all known
interested parties and proof of such service shall be furnished to
the Merit Commission.
I.
Validity Of Showing Of Interest. The showing of interest submitted pursuant to Subsections (D), (E) and (O) shall not be furnished to any of the parties. The Merit Commission shall determine the adequacy of the showing of interest and such decision shall not be subject to collateral attack at a preliminary conference or a hearing.
J.
Processing Of Petition. Upon the filing of any petition,
the Merit Commission shall investigate the petition to determine the
facts. The Merit Commission shall determine whether or not a valid
question concerning the representation of employees exists in a prima
facie appropriate unit.
K.
Withdrawal Or Dismissal Of Petition. If the Merit Commission
determines after an investigation that the petition has not been timely
filed or that no valid question concerning the representation of employees
exists in a prima facie appropriate unit, the Commission may request
the party filing such petition to withdraw the petition without prejudice
or in the absence of such withdrawal, within a reasonable time, the
Commission may dismiss the petition. Such action may be taken by the
Merit Commission at any time prior to the closing of the case.
L.
Initial Action. Upon the filing of any petition, an authorized
officer shall confer with and may hold informal conferences with the
known interested parties in an attempt to ascertain the facts. The
authorized officer shall encourage the parties to agree upon the appropriate
bargaining unit and a suitable method by which representation is to
be determined. Whenever the authorized officer shall determine that
the parties are unable to agree upon a suitable method or upon the
appropriate bargaining unit and he is unable to settle the controversy
without hearing, he shall conduct a hearing to resolve such matters
and he shall notify the parties of the time and place of such a hearing
in writing at least ten (10) days, excluding Saturdays, Sundays and
legal holidays, in advance.
M.
Petition—Amendments Or Withdrawal By Petitioning Party. At any time prior to issuance of a written notice of election for
the purpose of resolving the issue of representation, a petitioning
party may amend or withdraw its petition at the discretion of the
petitioner or petitioner's authorized officer.
N.
List Of Employees. The County shall furnish to the Commission
a current list of all employees in a proposed or agreed-upon bargaining
unit to determine the thirty percent (30%) showing of interest. The
list of employees must be submitted prior to or as a first (1st) order
of business of any scheduled preliminary conference or hearing. If
the list has not been provided to the Commission by the date designated,
the Commission will determine the showing of interest using the estimated
number of employees stated on the petition and the authorization cards
submitted by petitioner.
O.
Intervention. Any third (3rd) party having a legitimate
interest in any proceedings may file a petition of intervention setting
forth facts sufficient to establish such interest and requesting that
the Merit Commission resolve contested factual matters in its favor.
For purposes of third (3rd) party intervention, "legitimate
interest" means the intervenor must be able to prove it is
authorized to represent at least ten percent (10%) of the law enforcement
employees within a proposed bargaining unit. An intervening organization's
showing of legitimate interest shall be made either prior to the parties
signing a consent election agreement or, absent an agreement, the
start of any hearing. Any organization which has a signed, valid collective
bargaining agreement encompassing the proposed bargaining unit, or
any portion, shall be considered to have a legitimate interest in
any proceedings upon presentation of same.
P.
Hearings.
1.
Merit Commission shall issue a notice of hearing, if after the filing
of a valid petition, the petitioner, the law enforcement appointing
authority and all intervenors are unable to resolve the matter through
an agreed-upon method of adjustment approved by the Merit Commission.
2.
A notice of hearing shall be served on all interested parties provided
at least ten (10) days' notice, excluding Saturdays, Sundays and legal
holidays, and shall include:
3.
Hearings under these rules are considered investigatory and not adversary.
Their purpose is to develop a full and complete factual record upon
which the Merit Commission may base a meaningful report and recommendation.
4.
Representation hearings and the procedures following such hearings
shall be in accordance with these rules.
5.
Rights of parties are:
a.
Any party shall have the right to appear at such hearing in person,
by counsel or by other representative, to call, examine and cross-examine
witnesses and to introduce into the record documentary or other relevant
evidence, except that the participation of any party shall be limited
to the extent permitted by the Merit Commission; and provided further,
that five (5) copies of documentary evidence shall be submitted; and
b.
The Merit Commission at its discretion may permit a reduced number
of copies of documentary evidence for good cause shown.
6.
Rules of evidence are:
a.
The parties shall not be bound by rules of evidence whether statutory,
common law or adopted by the rules of court;
b.
All relevant evidence is admissible, except as otherwise provided;
c.
The Merit Commission, in its discretion, may exclude any evidence
or offer of proof if they find that its probative value is substantially
outweighed by the risk that its admission will either necessitate
undue consumption of time or create substantial danger of undue prejudice
or confusion;
d.
The Merit Commission shall give effect to the rules of privilege
recognized by law;
e.
Every party shall have a right to present his/her cause by oral and
documentary evidence and to submit rebuttal evidence; and
f.
Every party and the Merit Commission shall have the right to examine
and cross-examine as may be required for a full and true disclosure
of the facts.
7.
A charging party in asserting a violation of these rules shall have
the burden of proving the allegations of the charge by a preponderance
of the evidence.
8.
Stipulation of fact.
a.
In any proceeding an agreed statement of facts may be introduced
into the record with respect to any issue.
b.
An agreed statement of facts may be accepted by the Merit Commission
for a decision without a hearing.
c.
The acceptance of an agreed statement of facts by the Merit Commission
may be deemed a waiver of a right to hearing.
9.
Objections to conduct of hearing.
a.
Any objection with respect to the conduct of the hearing, including
any objection to the introduction of evidence, may be stated orally
or in writing accompanied by a short statement of the grounds for
such objection and included in the record.
b.
No such objection shall be deemed waived by further participation
in the hearing. Such objection shall not stay the conduct of the hearing.
c.
Automatic exceptions will be allowed to all adverse rulings.
10.
Motions before or after hearing.
a.
All motions, other than those made during a hearing, shall be made
in writing to the Merit Commission, shall briefly state the relief
sought and shall be accompanied by affidavits setting forth the grounds
for such motion.
b.
The moving party shall serve a copy of all motion papers on all other
parties and within three (3) days thereafter, excluding Saturdays,
Sundays and legal holidays, shall file with the Merit Commission the
original and four (4) copies with proof of service.
c.
Answering affidavits, if any, must be served on all parties and the
original, together with four (4) copies and proof of service, shall
be filed with the Merit Commission within five (5) days, excluding
Saturdays, Sundays and legal holidays, after service of the moving
papers, unless the Merit Commission directs otherwise.
d.
The Merit Commission may decide to hear oral argument or to hear
testimony thereon, in which case he shall notify the parties of such
fact and of the time and place of such argument or for the taking
of such testimony.
11.
All such motions, rulings and orders thereon shall be part of the
record of the proceedings.
12.
Filing of brief and oral argument at hearing.
a.
Any party shall be entitled, upon request, to a reasonable period
prior to the close of the hearing for oral argument, which shall be
included in the official transcript of the hearing.
b.
Any party shall be entitled, upon request made before the close of
the hearing, to file a brief or proposed findings and conclusions,
or both, with the Merit Commission which may fix a reasonable time
for such filing, but not in excess of twenty-one (21) days, excluding
Saturdays, Sundays and legal holidays, from the close of the hearing.
c.
Requests for further extensions of time for good cause shown shall
be made to the Merit Commission.
d.
No request will be considered unless received at least three (3)
days, excluding Saturdays, Sundays and legal holidays, prior to the
expiration of the time fixed for the filing of briefs or proposed
findings and conclusions, unless expressly authorized by the Merit
Commission.
e.
Notice of the request for any extension shall be served simultaneously
on all other parties and proof of service shall be furnished.
f.
Five (5) copies of any brief or proposed findings and conclusions
shall be filed with the Merit Commission and copies shall be served
simultaneously on the other parties and a statement of such service
shall be furnished.
13.
At the discretion of the Merit Commission, the hearing may be continued
from day-to-day or adjourned to a later date or to a different place
by announcement at the hearing by the Merit Commission or by other
appropriate notice.
Q.
Notices Of Election.
1.
Appropriate notices of election shall be furnished to all interested
parties and shall be prominently posted by the law enforcement appointing
authority, no less than six (6) days, excluding Saturdays, Sundays
and legal holidays, prior to opening of the polls. Such notice shall
contain:
2.
The reproduction of any document purporting to be a copy of the Merit
Commission's official ballot, other than one (1) completely unaltered
in form and content and clearly marked "sample" on its face, which
suggests either directly or indirectly to employees that the Merit
Commission endorses a particular choice, may constitute grounds for
setting aside an election upon objections properly filed.
3.
The law enforcement appointing authority shall furnish to the Merit
Commission a list including the names, addresses and job titles of
all eligible voters in the unit as determined by the Merit Commission
or agreed to by the parties. This list must be supplied to the Merit
Commission fourteen (14) working days prior to the election, excluding
Saturdays, Sundays and legal holidays or as specified in the Direction
of Election. The Merit Commission shall provide this information to
any proposed employee organization for which an election has been
ordered upon presentation of a release from the police officer so
authorizing release of his information. Consent to Release forms shall
be made available to law enforcement employees by the Merit Commission.
R.
Election Procedure.
1.
Each of the interested parties may designate two (2) persons as observers
at the polls, subject to such limitations as the Merit Commission
may prescribe.
2.
Any observer or the authorized officer, for good cause, may challenge
an employee's eligibility to vote. Challenged ballots shall be folded,
placed in a sealed envelope with the name of the voter plainly written
on the outside. Challenged ballots will not be considered unless they
might affect the results of the election, in which case the Commission
shall investigate and determine the eligibility to vote of the persons
whose ballots are challenged. Challenged ballots which are disallowed
will be destroyed. Challenged ballots which are allowed will be counted.
The names of the persons whose ballots are challenged shall be made
a part of the record of the election proceedings.
3.
All elections shall be by secret ballot.
4.
Ballots may not be tallied until after the posted time for the closing
of the polls unless all eligible voters have cast their ballots. Upon
the conclusion of the election, the Merit Commission shall furnish
the parties with a tally of the ballots.
5.
An organization shall be certified if it receives a majority of the
votes cast.
6.
Within ten (10) days, excluding Saturdays, Sundays and legal holidays,
after the tally of ballots has been furnished, any party may file
with the Merit Commission an original and four (4) copies of objections
to the conduct of the election or conduct affecting the results of
the election, which shall contain a short statement of the reasons
therefore. Such filing must be timely whether or not the challenged
ballots are sufficient in number to affect the results of the election.
Copies of such objections shall be served simultaneously on the other
parties by the party filing them and a statement of service shall
be attached thereto.
7.
If no objections are filed within the time set forth previously,
if the challenged ballots are insufficient in number to affect the
result of the election and if no runoff election is to be held, the
Merit Commission shall forthwith issue to the parties a certification
of the results of the election, including certification of representative,
where appropriate.
8.
If objections are filed to the conduct of the election or conduct
affecting the result of the election or if the challenged ballots
are sufficient in number to affect the result of the election, the
Merit Commission shall investigate such objections or challenges or
both.
9.
Where objections are filed or challenges are determinative, the Merit
Commission shall conduct an investigation and, where appropriate,
shall issue a notice of hearing for the Merit Commission to hear the
matters alleged and to issue a report and recommendations. The objecting
party shall bear the burden of proof regarding all matters alleged
in the objections to the conduct of the election or conduct affecting
the results of the election.
10.
When the certification of the results of the election is issued,
any petition requiring the holding of an election in any bargaining
unit or subdivision of the bargaining unit is prohibited until one
(1) year has lapsed from the date of issuance. Petitions prohibited
are those filed by a law enforcement employee, group of law enforcement
employees, law enforcement employee organization or the law enforcement
appointing authority.
S.
Runoff Election.
1.
When the results of an election are inconclusive, the Merit Commission
may conduct a runoff election without further order of the Merit Commission.
An inconclusive election is an election in which the ballot provides
for not less than three (3) choices (that is, at least two (2) employee
organizations and "neither") and results in no choice receiving a
majority of the valid ballots cast. Only one (1) runoff shall be held
pursuant to this Section, unless the Merit Commission directs otherwise.
2.
The ballot in the runoff election shall provide for a selection among
the two (2) or more choices receiving the largest number of votes,
the sum of whose votes aggregate at least one (1) more than half of
the total votes cast.
a.
Exception: Where, in the original election, all choices receive an equal number of votes or where two (2) choices having received an equal number of votes, a third (3rd) choice receives a higher but less-than-majority vote, the Merit Commission should declare this election a nullity and conduct another (rerun) election with the same choices on the ballot. If the second (2nd) election results in another such nullity, the petition should be dismissed; if the results of the second (2nd) election require a runoff pursuant to the principles set forth in Subsection (S)(2)(b), a runoff should be conducted.
b.
Further exception: Where two (2) or more choices receive an equal
number of votes, another receives no votes, there are no challenges
and all eligible voters have voted, neither a runoff nor a rerun election
should be conducted. A certification of results should be issued.
c.
Employees who were eligible to vote in the original election and
who are in an eligible category on the date of the runoff election
shall be eligible to vote in the runoff election.
T.
Petitions For Certification And Decertification.
1.
Where one (1) or more employee organizations assert a claim to represent employees in an appropriate unit and a petition for certification of law enforcement employee representative or a petition for decertification of law enforcement employee representative has been filed, the parties may stipulate, subject to the approval of the Merit Commission, that a secret ballot election shall be conducted by the Merit Commission among the employees in an appropriate bargaining unit to determine whether they desire to be represented for purposes of negotiations by any or none of the employee organizations involved. The parties to such proceeding shall be the law enforcement appointing authority, the petitioner, the incumbent, if any, and any intervenors who shall have complied with the requirements set forth in Subsection (O).
2.
The parties shall stipulate as to the composition of the bargaining
unit, the eligibility period for participation in the election, the
dates, hours and places of the election and the designations on the
ballot.
