[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
Title. This Part 2 shall be known and may be cited as the "Jefferson
County, Missouri, Merit System" (hereinafter sometimes referred to
as the "Merit System"), and is part of the Personnel Administration
Program.
B.
Scope.
1.
The Merit System established herein applies to all Jefferson County employees, except as otherwise specifically exempted pursuant to Article VIII, Section 8.3, of the Home Rule Charter of Jefferson County, Missouri (hereinafter sometimes referred to as the "Charter").
2.
All elected and appointed County Officers exempted from the
Merit System are required by the Charter to operate their offices
within the guidelines of the Personnel Administration Program and
Merit System.
C.
Purpose. The Merit System fulfills the mandate of the Charter, which
requires the establishment of a Personnel Administration and Merit
System for all County employees, except those specifically exempted
by the Charter. It is the policy of Jefferson County to fill each
position covered by the Merit System on the basis of merit and to
base decisions regarding retention of said employees and officers
on the basis of merit and ability. The Merit System constitutes one
(1) component of the Personnel Administration Program, along with
any other ordinances establishing personnel rules, benefits or conditions
of employment.
D.
Governing Provisions. The provisions of the Merit System shall supersede
any other orders, ordinances, resolutions or employment manuals or
handbooks previously adopted by Jefferson County to the contrary.
E.
Rights Of The County As The Employer. Nothing in this part of the
Personnel Administration Program or Merit System is intended to circumscribe
or modify the existing right of the County to:
1.
Direct the work of its employees;
2.
Hire, promote, assign, transfer, and retain employees in positions
within the County;
3.
Counsel, reprimand, suspend, reduce in pay, demote or discharge
employees for proper cause;
4.
Determine the position classification and salary grade of all
County employees;
5.
Maintain the efficiency of governmental operations;
6.
Lay off employees due to lack of work, failure of financial
appropriation or other causes which do not reflect discredit on employees;
7.
Take actions as may be necessary to carry out the mission of
the County in emergencies; and
8.
Determine the methods, means and personnel by which operations
are to be executed.
F.
Rights Of The County Employee.
1.
Employees (except employees who are otherwise prohibited from
doing so by law) shall have the right to form, join and participate
in the activities of employee organizations of their own choosing
for the purpose of meeting and conferring with a County representative
with respect to wages, hours, and other terms and conditions of employment
as provided by Charter and subsequent ordinances. Merit System employees
also have the right to refuse to join or participate in the activities
of employee organizations.
2.
In addition, rights and privileges of County employees are contained
in this document and in the Personnel Administration Program.
3.
Nothing in the Merit System or Personnel Administration Program
is intended to circumscribe or modify existing rights of County employees
under the State of Missouri's Public Sector Labor Law, Sections 105.500
through 105.530, RSMo.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 15-0302 §§ 1
— 3, 6-23-2015; Ord. No. 18-0507, 12-10-2018; Ord. No. 23-0484, 11-27-2023]
When used herein and unless otherwise indicated herein, the
following words and phrases shall have the meanings assigned in this
Section:
The assignment of a position to a position classification.
Any person who holds an appointed County office and is exempt from the Merit System pursuant to Article VIII, Section 8.3, of the Home Rule Charter of Jefferson County, Missouri.
An official change, addition or deletion, or official act
by the Human Resources Manager.
The essential responsibilities, duties and qualifications
common to all positions within a position classification.
An employee whose access to confidential personnel files
or information concerning the administrative operations of the County,
or whose functional responsibilities or knowledge in connection with
the issue involved in the process of dealing with labor organizations
or unions would make his/her membership in the same organization as
a non-confidential employee incompatible with his/her official duties.
Any person who holds an elected County office and who exercises
ultimate supervisory authority over an employee.
A person who may be considered for employment or reemployment.
An employee exempt from the Merit System in accordance with
the Home Rule Charter or by ordinance. For the purposes of this Merit
System, the term "exempted employee" does not mean or refer to exempt
status as defined by the Fair Labor Standards Act.[1]
Rates of pay for temporary and part-time employees who are
ineligible for benefits and where the employees are not eligible for
within-range advancements.
Any employee hired to work the County's established regular workweek as defined in Section 120.100(A)(2)(b) of the personnel administration program on a permanent basis.
Any person in the service of Jefferson County except contractors,
volunteers, elected and appointed County Officers, members of County
boards and commissions or election judges.
A position classification containing multiple levels (i.e.,
Records Clerk I, Records Clerk II, Records Clerk III).
An employee hired to work no more than nineteen (19) hours
per week on a permanent basis.
A grouping of one (1) or more positions with the same essential
responsibilities, duties and qualifications.
An official listing of position classifications utilized
by the County which has been set up and/or revised as a part of the
Merit System and Personnel Administration Program.
A summary of responsibilities and duties for a particular
position.
Employment on a trial basis to determine suitability before
becoming a non-probationary employee at that position.
An employee who has not yet completed his initial probation
period.
The appointment of an employee to another position in a higher
pay grade.
An employee who has completed an initial probationary period
but who is currently serving a probationary period in another position.
The Secretary to the County Employees Merit System Commission.
A rate of pay established to compensate an employee for completion
of a unit of work, completion of a defined responsibility, or similar
assignment where the value of the accomplishment is compensated rather
than the hours worked. Employees paid on a session rate are not eligible
for benefits nor within-range advancements.
Suspension without pay, reduction in pay, or dismissal.
A casual employee who is needed for a maximum of six (6)
months per year and whose hours shall not exceed more than nine hundred
ninety-nine (999) hours per calendar year.
The appointment of an employee to another position in the
same pay grade.
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 15-0302 §§ 1
— 3, 6-23-2015; Ord. No. 18-0507, 12-10-2018]
A.
Organization And Operation Of The County Employees Merit System Commission.
1.
The County Employees Merit System Commission shall be structured according to Article VIII, Section 8.5, of the Home Rule Charter of Jefferson County, Missouri, and policies and procedures consistent with the Charter and the Merit System principles as recommended and adopted by the County Council.
2.
The County Employees Merit System Commission shall meet at least
bimonthly. Meetings for the purpose of hearing appeals pursuant to
this Merit System may be considered special meetings and shall be
called in such a way that appeals are handled in a timely and expeditious
manner. Appeals hearings may also be held during regular monthly meetings
of the County Employees Merit System Commission. Special meetings
may be called only by:
a.
The Chairperson or Vice Chairperson, in the absence of the Chairperson,
of the County Employees Merit System Commission by notifying the Secretary
of the purpose, time and place of the meeting; or
b.
The County Employees Merit System Commission, while in session,
may determine the need for and schedule special meetings.
4.
The County Employees Merit System Commission shall, at its first
meeting in January each year, elect from among its members officers
of the County Employees Merit System Commission who shall have the
titles of Chairperson, Vice Chairperson and Secretary of the County
Employees Merit System Commission. Each officer shall serve in that
office at the pleasure of the County Employees Merit System Commission.
5.
The Chairperson or Vice Chairperson shall preside at meetings
of the County Employees Merit System Commission, have a voice, vote
on all questions before it and have authority to:
6.
The Secretary shall be responsible for keeping minutes of all
meetings of the County Employees Merit System Commission so that an
accurate record of all proceedings shall be kept.
7.
Vacancies or absences on the County Employees 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 VIII, Section 8.5, of the Charter.
8.
The County Employees Merit System Commission shall, by resolution,
establish rules of procedure for all matters that come before it.
The rules so established must be consistent with the rules set forth
herein, as well as the rules set forth in the Charter and Missouri
law.
9.
A majority of the County Employees Merit System Commission must
be present to conduct business.
10.
Records of all the proceedings of the County Employees Merit
System Commission shall be maintained in accordance with Federal or
State law or County ordinance. Minutes, once approved, shall be filed
with the Clerk of Jefferson County. Minutes from closed meetings or
other records closed pursuant to the Missouri Sunshine Law shall be
forwarded to and stored by the Human Resources Manager in a secured
location. Records of the County Employees Merit System Commission,
when they are no longer needed by the County Employees Merit System
Commission, shall be archived in the office of the Clerk of Jefferson
County. Such records shall be maintained in accordance with the rules
established by Missouri law.
11.
An oath of office shall be administered by the Clerk of Jefferson
County to each County Employees Merit System Commissioner upon appointment
or reappointment to ensure that the spirit and intent of the County
Merit System shall be observed, the welfare of the public upheld and
substantial justice is done.
B.
Duties And Responsibilities Of The County Employees Merit System
Commission.
1.
Pursuant to Article VIII of the Jefferson County Charter, the
County Employees Merit System Commission shall:
a.
Recommend to the County Council a personnel administration program
under the direction of the Director of Administration that implements
policies and procedures consistent with the Home Rule Charter of Jefferson
County, Missouri; and
b.
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
c.
Hear appeals filed in accordance with Article VIII, Section
8.2(3), in cases of disciplinary actions by elected or appointed County
Officers and shall issue written findings of facts and conclusions
setting forth its determination.
(1)
After hearing and consideration of the evidence
for and against a suspension, reduction in pay or dismissal, the County
Employees Merit System Commission shall sustain, overturn or modify
the action of the elected or appointed County Officer in accordance
with the standards listed below:
(a)
The County Employees Merit System Commission shall
sustain the action of the elected or appointed County Officer when
the facts as set forth in the notice of discipline are supported by
a preponderance of the evidence; or
(b)
The County Employees Merit System Commission may
overturn the discipline imposed by the elected or appointed County
Officer when the elected or appointed County Officer fails to prove,
through a preponderance of the evidence, the actions listed as the
reasons for imposing the discipline; or 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; or
(c)
The County Employees Merit System Commission may
modify the discipline imposed by the elected or appointed County Officer
when the validity of substantial portions of the reasons listed by
the elected or appointed County Officer for imposing the discipline
are not supported by the preponderance of the evidence.
(2)
The County Employees 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;
(a)
An award of back pay for income lost by reason
of suspension, reduction in pay, demotion or dismissal, subject to
the availability and appropriation therefor, 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
(b)
Where the appropriation of funds to a department
is insufficient to pay a back pay award, the County Employees 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.
(3)
The County Employees Merit System Commission may
not award attorney fees or costs.
(4)
The number of votes required in order to modify
or overturn a disciplinary decision of an elected or appointed County
Officer shall be a majority of all votes of the County Employees Merit
System Commission if no seats were vacant and all members were present
and voting. Failure to achieve the required number of votes shall
cause the elected or appointed County Officer's decision to stand
as final.
C.
Powers And Duties Of The Elected Or Appointed County Officer.
1.
Elected County Officers who are not Administrator supervised
have the duty to establish by directive from time to time systems
of administrative organization for the departments they head, after
consultation with the Director of Administration and the County Executive,
so that all systems of administrative organization in the County Government
are as consistent as possible given the different governmental functions
of the departments. Any systems so established must be consistent
and in harmony with the Personnel Administration Program and the Merit
System.
2.
Appointed County Officers may promulgate department rules for
personnel administration consistent with the Charter, the Personnel
Administration Program and the Merit System, subject to the approval
of the Director of Administration after consultation by the appointed
County Officer with the Human Resources Manager. 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.
3.
The appointed County Officers 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 Personnel
Administration Program and 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.
4.
The elected County Officers of each department shall 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 Personnel Administration
Program and 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.
D.
Powers And Duties Of The Director Of Administration Under The Merit
System. In addition to those powers and duties pertaining to the administration
of the overall Personnel Administration Program, the Director of Administration,
who may delegate the powers set forth below to the Human Resources
Manager, shall administer the Merit System and have the power and
duty to:
1.
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, the
Personnel Administration System or Merit System; and
2.
Exercise those powers and perform those duties required by the
Charter, applicable laws, the Personnel Administration System or Merit
System; and
3.
Maintain the official employee personnel files for all County
employees; and
4.
Certify all additions, deletions and changes in payroll for
Merit System employees to the County Executive; and
5.
Recruit applicants as prescribed by policy to fill position
vacancies; and
6.
Consult with elected and appointed County Officers as to the
qualifications of applicants and establish and maintain eligible lists;
and
7.
Forward names of applicants to elected and appointed County
Officers for filling vacancies covered by the Merit System; and
8.
Recommend new positions within the Merit System to position
classifications included in the Position Classification Plan as set
forth in the Personnel Administration Program; and
9.
Remove from consideration for appointment any applicant and/or
recommend discipline in accordance with this part 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.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
Position Description. Each elected and appointed County Officer shall
maintain a current position description for each position in his or
her department. Copies of each position description shall be forwarded
to the Human Resources Manager.
B.
Classification Specifications. The Human Resources Manager, under
the direction of the Director of Administration, shall maintain a
classification specification for each position classification in each
occupational series 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.
C.
Allocation Of Positions To Classifications. The Human Resources Manager,
under the direction of the Director of Administration, after consultation
with the elected or appointed County Officer, 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.
1.
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
the elected or appointed County Officer has reason to believe that
the responsibilities and duties have changed so significantly that
the position should more properly be allocated to a different classification.
2.
Whenever it is determined, after consultation with the elected
or appointed County Officer, the classification of any position is
inappropriate, the position shall be reallocated to the position classification
that is most appropriate. The elected or appointed County Officer
and the reclassified employee, if any, shall be notified of the change
in classification. All requests for reclassification shall be submitted
no later than September 1 of the current fiscal year.
3.
The effective date for any reclassification shall be the later
of the date on which the Human Resources Manager, under the direction
of the Director of Administration, 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.
D.
Establishment Of New Position Classifications.
1.
By Human Resources Manager.
a.
Except as set out in Subsection (D)(2) below, whenever the Human Resources Manager, acting under the direction of the Director of Administration, and after consultation with the elected or appointed County Officer, 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 or she shall develop a job description for the proposed new position. Following adoption of the new classification, the Human Resources Manager shall notify the elected or appointed County Officer.
b.
If the elected or appointed County Officer and the Human Resources
Manager are in agreement on the new proposed classification, recruitment
activity may commence.
E.
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 elected
or appointed County Officer may use working titles for other purposes
whenever this is useful.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
Requisition Process. Whenever an elected or appointed County Officer
wishes to fill a vacancy, he/she shall, after consulting with the
Human Resources Manager, prepare and submit a completed personnel
requisition to the Director of Administration. The personnel requisition
shall be accompanied by a current position description and a list
of minimum qualifications, special knowledge, skills or ability required
for the individual position. The personnel requisition shall be submitted
as far in advance of the desired appointment date as possible. The
Director of Administration, in consultation with the elected or appointed
County Officer, shall make the final determination of the qualifications
and the recruitment strategy.
B.
Position Announcements.
1.
Whenever a personnel requisition has been submitted in the proper
form to the Director of Administration, and the Director of Administration
has preliminarily approved the change in the payroll, the position
shall be given notice in the form of a position announcement by the
Human Resources Manager, in a manner consistent with the process identified
in Part 1 of this Personnel Administration Program, unless:
b.
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 elected or appointed County
Officer and the Director of Administration.
2.
Position announcements shall be posted for a minimum of five
(5) working days and may be posted for a longer period of time if
the Human Resources Manager or the elected or appointed County Officer
feels additional time shall be needed to attract a sufficient number
of qualified applicants.
3.
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 to be appropriate.
4.
When the elected or appointed County Officer and the Human Resources
Manager agree that there is 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.
5.
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.
6.
Position announcements and recruitment will follow the procedures
established in the Personnel Administration Program and this Merit
System.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
Eligible Lists. The Human Resources Manager shall maintain lists
of candidates for consideration for employment with the County.
1.
Eligible lists may be specific to a single position classification,
either within a particular department, or throughout the County service.
Alternatively, eligible lists may be specific to a series of related
position classifications, whether within a particular department or
throughout the County service. Whenever any such eligible list is
used to fill a position, the Human Resources Manager shall certify
for consideration only those applicants who meet the qualifications
set forth in the position announcement.
2.
The types of eligible lists are as follows:
a.
Reemployment List. A list of all former non-probationary employees
who were laid off during the last two (2) years in the same department
and in the particular position classification. It shall be the responsibility
of the former employees to notify the County of any address changes.
b.
Open Competitive List. A list of all applicants who within the
last year have met all of the minimum qualifications and successfully
completed the necessary components established in accordance with
Merit System rules, including former non-probationary employees who
were laid off from the County service during the last two (2) years.
B.
Certification. Upon receipt of an approved personnel requisition,
the Human Resources Manager shall forward the names of applicants
from the reemployment list, the open competitive list and any other
applications received for the position to the elected or appointed
County Officer.
C.
Removal From Eligible Lists.
1.
The Human Resources Manager may remove an applicant's name from
the eligible list for the following:
a.
The applicant is no longer available for employment; or
b.
The applicant fails to respond to letters or phone calls concerning
his/her availability for employment or interview or fails to provide
notice of changed address or phone number; or
c.
The applicant refused to accept employment that he/she had previously
agreed to accept; or
d.
The applicant fails the preemployment drug testing; or
e.
The applicant is appointed to a position in the same or higher
pay grade; or
f.
One (1) year has passed since the applicant's name was placed
on the open competitive list, except for individuals who were laid
off, whose names shall remain on the open competitive list for two
(2) years.
2.
After consultation with the Director of Administration, the
Human Resources Manager may remove the name of an applicant:
a.
When background investigations, reference checks, or other preemployment
procedures conducted following the candidate's inclusion on the eligible
list reveal information materially affecting their suitability for
employment; or
b.
The applicant has falsified his/her application or given false
information during the evaluation or selection process.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
Competitive Appointments.
1.
Appointments From List Of Eligible. Except in cases of reemployment,
emergency and transfer appointments, vacancies in Merit System positions
are filled by the elected or appointed County Officer from a selection
of persons forwarded by the Human Resources Manager. If the elected
or appointed County Officer cannot find an adequate appointment from
among those certified, the Director of Administration shall instruct
the Human Resources Manager to begin the recruitment and certification
process again.
2.
Temporary Promotional Appointments.
a.
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 recruitment procedure for time spent in
the temporary promotional status.
b.
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.
3.
Certification Of Payroll Changes. No additions, deletions or
changes to Merit System employee payrolls may occur without the certification
of the Director of Administration. The Director of Administration's
decision to certify or not to certify changes in the payroll may be
overturned by the County Executive, subject to appeal to the County
Employees Merit System Commission.
4.
Probation. Appointments to positions are awarded on a probationary
basis and are subject to the provisions of probation.
a.
Probation, except for situations described in Subsections (A)(4)(b) and (B)(4)(b) of this Section, is initially for a term of six (6) months. An extension of probation of up to three (3) months is at the discretion of the elected or appointed County Officer, but the Human Resources Manager and the employee must be notified prior to the end of the original probationary period. After a six-month term of probation, the probationary employee gains non-probationary employee status unless the elected or appointed County Officer extends probation.
b.
There are certain positions where the duties and responsibilities require a longer period of probation. Twelve-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 elected or appointed County Officer and with the prior approval of the Director of Administration.
c.
When a probationary employee is unable to report for duty due
to illness, injury or leave of absence (other than military leave),
the term of the probation may be extended by the length of the period
of absence at the discretion of the elected or appointed County Officer
in consultation with the Director of Administration.
B.
Non-Competitive Appointments.
1.
Reappointments.
a.
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.
b.
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. At the expiration of the thirty (30)
days, the employee shall no longer be considered a promotional probationary
employee and shall not have the right to return to his/her former
position as allowed by this Subsection.
c.
Non-probationary employees who are appointed to a position that
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 placed on the reemployment list pursuant to the
Personnel Administration Program and Merit System as though they had
been laid off on the date their exempt appointments end.
d.
Former employees whose names appear on the reemployment 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 by the Director of Administration and Human Resources
Manager.
2.
Emergency Appointments. When an elected or appointed County
Officer determines it is essential to immediately fill a position
to meet an emergency that may result in loss of public property or
public revenue, or that may threaten the public health, safety or
welfare or cause serious inconvenience to the public, the elected
or appointed County Officer may request approval of the Director of
Administration to make an emergency appointment. If the Director of
Administration grants that approval, the Human Resources Manager shall
certify the candidate of the elected or appointed County Officer subject
to the following procedures and conditions:
[Ord. No. 22-0184, 3-16-2022]
a.
No person may serve under emergency appointments for more than
sixty (60) calendar days unless authorized to do so by the Director
of Administration; and
b.
The Director of Administration may extend the length of emergency
appointments to a maximum of one hundred eighty (180) calendar days;
and
c.
No person may serve under one (1) or more emergency appointments
for more than one hundred eighty (180) calendar days in a twelve-month
period.
d.
Individuals appointed to an emergency appointment are not subject
to this Merit System and shall have no right of appeal to the County
Employees Merit System Commission.
3.
Transfers.
a.
An elected or appointed County Officer 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 elected
or appointed County Officer shall immediately notify the Human Resources
Manager.
b.
The elected or appointed County Officer may, with approval of
the Director of Administration, transfer an employee from a position
in one (1) classification to another position in a different classification
if the Human Resources Manager confirms that the positions are in
the same department, are in the same pay grade and have the same or
similar minimum qualifications.
c.
Upon request of an employee and approval of both the elected
or appointed County Officer and the Director of Administration, an
employee may move from one position to another position in another
department or in the same department if the Human Resources Manager
confirms that the positions are in the same or lower pay grade and
have the same or similar minimum qualifications.
4.
Temporary Promotional Appointments. An elected or appointed County Officer, with the approval of the Director of Administration, may make a temporary promotional appointment when a vacancy in the position of an assistant or deputy director, division manager, superintendent or assistant superintendent or chief deputy occurs, with the exception of those managers that must be appointed pursuant to Article V, Section 5.14.6, of the Home Rule Charter of Jefferson County, Missouri. Such appointments 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:
a.
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 recruitment procedure for time spent in
the temporary promotional status.
b.
The temporary promotional appointment shall end and the appointee
returned to his former position and rate of pay (or the rate he would
be receiving except for the temporary promotional appointment) upon
the regular appointment of a person to fill the vacancy.
5.
Temporary Appointments. When an elected or appointed County
Officer determines it is essential to immediately fill a position
to meet a temporary increase in the volume of work or to temporarily
fill a position from which an employee has been promoted, the elected
or appointed County Officer may request approval of the Director of
Administration to make a temporary appointment. If the Director of
Administration grants that approval, the Human Resources Manager shall
certify the candidate of the elected or appointed County Officer,
subject to the following procedures and conditions:
a.
No person may serve under a temporary appointment for more than
sixty (60) working days unless authorized to do so by the Director
of Administration; and
b.
The Director of Administration may extend the length of temporary
appointments to a maximum of ninety (90) calendar days; and
c.
No person may serve under one (1) or more temporary appointments
for more than ninety (90) calendar days in a twelve-month period.
d.
Individuals appointed to temporary appointments are not subject
to this Merit System and shall have no right of appeal to the County
Employees Merit System Commission.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
In order to provide employees with information regarding their level
of performance, acknowledge their efforts and suggest areas of improvement,
it is the policy of Jefferson County that performance evaluations
of employees shall be given. They shall be given consideration in
determining the following matters:
B.
The Human Resources Manager shall structure an employee performance
evaluation form to be utilized that shall be approved by the Director
of Administration.
C.
Performance evaluations shall be performed at the following times:
1.
During the last thirty (30) days of a probationary period and
again during the last fifteen (15) days of any extensions of the probationary
period; and
2.
For non-probationary employees, on an annual basis during the
second quarter of the fiscal year covering the preceding twelve-month
period; and
3.
At the discretion of the elected or appointed County Officer,
as an interim performance evaluation, whenever the level of performance
significantly improves or deteriorates.
D.
Performance evaluations shall be completed by the immediate supervisor
as designated by the elected or appointed County Officer or by the
elected or appointed County Officer as applicable and signed by the
elected or appointed County Officer. The immediate supervisor or elected
or appointed County Officer shall review the evaluation with the employee.
E.
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.
F.
The employee shall have the opportunity to comment within ten (10)
days and shall be requested to sign the evaluation to attest that
the rating has been presented. The signature does not signify that
the employee agrees with the rating. If the employee refuses to sign
the evaluation, a witness shall be asked to note on the evaluation
that it was presented to the employee who refused to sign.
G.
A copy of the evaluation shall be made by the elected or appointed
County Officer and presented to the employee once it has been discussed
and signed. The original copy of all completed evaluations shall be
forwarded to the Human Resources Manager in a confidential manner
for placement in the personnel records.
[Ord. No. 15-0302 §§ 1
— 3, 6-23-2015; Ord. No. 18-0507, 12-10-2018]
A.
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 120.630, 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.
B.
Failure To Satisfactorily Complete The Probationary Period. Probationary
employees and promotional probationary employees are hired by the
County on a trial basis to determine their suitability to become a
full-time employee in that position.
1.
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 County
Employees Merit System Commission when such employee is separated
from County service during the probationary period.
2.
Employees in promotional probationary status may be removed
from their promotional positions for failure to satisfactorily complete
their probationary period.
3.
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. Employees in promotional probationary status may fail to successfully complete their promotional probationary period. Such failure to complete the promotional probationary period is addressed by Section 120.580(B)(1)(c). Employees in promotional probationary status may also be terminated for cause as set out in Subsection (A) above and Section 120.630. Such forms of disciplinary action (including dismissal from the County service) may be taken against promotional probationary employees pursuant to the Merit System. When a promotional probationary employee is discharged or suspended without pay, the employee may appeal to the County Employees Merit System Commission as set out in Section 120.640(A)(1)(a). If a promotional probationary employee is returned to his or her former position, the employee may not appeal the decision to the County Employees Merit System Commission, even if the decision is accompanied by a reduction in pay.
C.
No-Fault Separation.
1.
An employee will be separated from County employment and removed
from the payroll under the following circumstances:
a.
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 120.485, Light Duty) is not available or is not granted; and
b.
The employee has exhausted any Family Medical Leave Act (FMLA)
entitlement; and
c.
The employee is not on approved leave of absence without pay;
or
d.
The employee has exhausted his or her accrued paid vacation,
sick or other leave and his or her accrued earned compensatory time,
if any; and the employee has exhausted any Family Medical Leave Act
(FMLA) entitlement.
2.
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. A no-fault
separation shall not be appealable to the County Employees Merit System
Commission.
D.
Job Abandonment. When an employee fails to report for scheduled duty
without calling in as required, and such failure persists for three
(3) consecutive scheduled workdays, the employee has abandoned his
or her employment, and the elected or appointed County Officer shall
proceed to notify the Human Resources Manager that the employee is
to be removed from County service as follows:
1.
Following three (3) consecutive scheduled workdays during which
the employee failed to report for scheduled duty or called in as required,
the Human Resources Manager shall send notice by registered mail with
return receipt, or like mail service with delivery confirmation, to
the last known address of the employee.
a.
The notice shall be sent to the employee in a manner that allows
for proof of mailing.
b.
The notice shall state that the employee has abandoned his or
her job as of the close of business of the third consecutive scheduled
workday for which the employee failed to report and for which the
employee did not call in, and thus has been removed from the County
service.
c.
The notice shall inform the employee that the employee has seven
(7) calendar days from the date of mailing to contact the Human Resources
Manager 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
Human Resources Manager within seven (7) days from the date of mailing,
the employee has forfeited his or her right to reinstatement, but
may apply for employment through the normal County employment process.
2.
If the employee applies for reinstatement, the elected or appointed
County Officer, in consultation with the Human Resources Manager,
shall review the justification for failing to report or call in and
shall determine whether to reinstate the employee.
a.
If the elected or appointed County Officer determines separation
from County service for job abandonment is not appropriate, the elected
or appointed County Officer 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 elected or appointed
County Officer, after consultation with the Director of Administration,
determines separation from County service is not appropriate, he or
she shall notify the employee in writing of his or her 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.
b.
If an elected or appointed County Officer determines separation
from County service is appropriate, he or she shall notify the employee
in writing of his or her decision and forward that decision to the
employee in a manner that allows for proof of mailing and proof of
receipt.
3.
An employee who has been removed from the County service for
job abandonment may seek review of the elected or appointed County
Officer'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.
4.
A request for review by the Director of Administration shall
contain the following:
5.
The Director of Administration shall issue a decision in writing,
and such decision shall be final. The review is to be limited to verification
of proper notice. The decision of the Director of Administration shall
not be appealable to the Merit Commission.
E.
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:
1.
The Director of Administration, in agreement with the elected
or appointed County Officer, shall determine the department's needs
and decide from which classification the layoffs are to be made.
2.
The number of positions in each classification to be eliminated
shall be reported to the elected or appointed County Officer by the
Director of Administration. If, after agreement with the elected or
appointed County Officer, it is determined that 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 elected or appointed County
Officer shall determine the order of layoff by applying the following
criteria:
a.
Employees hired on an emergency appointment; followed by
b.
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 (E)(2)(d) below]; followed by
c.
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
d.
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 elected
or appointed County Officer, with the approval of the Director of
Administration, giving consideration to their merit and ability.
3.
The effective date of the layoff shall be established by the
Director of Administration with the advice of the elected or appointed
County Officer.
4.
Employees who are to be laid off shall be given as much notice
as possible.
5.
When the layoffs have occurred, the Human Resources Manager
shall be advised and shall certify the removal of the employees from
the payroll.
6.
The decision to lay off an employee shall not be subject to
appeal to the County Employee Merit System Commission.
F.
It is the purpose of the Personnel Administration Plan and Merit
System to establish a system of personnel administration that will
attract, select and retain employees who will provide proficient,
technically competent and loyal service to the public at all times
and to render such service according to the highest ethics. Jefferson
County retains employees on the basis of the adequacy of their performance,
correcting inadequate performance where possible and appropriate and
separating employees whose performance is inadequate. The Merit System
is intended to promote public service and establish conditions of
service that will attract and retain employees of character and capacity
and to increase efficiency and economy in governmental departments
by the improvement of methods of personnel administration with full
recognition of the requirements and needs of management. To that end,
employees hired into the Merit System, reclassified or promoted from
one Merit System position to another position, who have successfully
completed probation, are non-probationary employees for so long as
their performance is satisfactory as determined by their annual performance
evaluation.
1.
Mandatory Performance Improvement Plans (may also be cited as
"MPIP") shall 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 as set forth in a performance
evaluation which has an average score of 2.5 or less or a score of
1.0 in any area when utilizing a 5.0 point scoring system. The purpose
of the MPIP is to improve the performance of the employee to an acceptable
level or, where the employee's performance does not reach such an
acceptable level, to separate the employee from County service.
2.
Employees hired, promoted or reclassified on or after the effective date of this provision or those receiving a position upgrade are merit employees with a property interest in their employment only during good behavior and satisfactory performance. Employees who fail to exhibit such good behavior and/or satisfactory performance as described in Section 120.600(F)(2)(a) through (b) below shall be subject to the use of Mandatory Performance Improvement Plans in any of the following instances:
a.
The non-probationary employee has received a performance evaluation
of 3.0 or lower overall on the County's performance evaluation system;
or
b.
The non-probationary employee has received a performance evaluation
in one (1) or more areas that is below 2.0 and which is in an area
that the employee is not effectively performing his/her job as documented
in the employee's annual performance plan.
3.
The elected or appointed County Officer may institute a Mandatory Performance Improvement Plan on a non-probationary employee meeting the criteria set out in Section 120.600(F)(2). The elected or appointed County Officer shall supply the Director of Administration with copies of the employee's performance plans and a draft Mandatory Performance Improvement Plan for approval of the content of the MPIP. The MPIP shall not be instituted prior to the Director of Administration's approval of the content of the MPIP. The plan shall provide for the following:
a.
The employee shall be given notice of areas of poor behavior
or deficient performance that have been identified by the elected
or appointed County Officer as the reason for the imposition of the
MPIP.
b.
The employee will be apprised of 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. While subject to the MPIP, the elected or appointed
County Officer shall conduct periodic reviews at such intervals as
are determined as a part of the MPIP.
c.
The employee will be apprised of the measurable performance
expectations that will be used to determine his/her success on the
MPIP.
d.
The employee will be apprised of the deadline for the employee
to receive review under the MPIP. The deadline shall allow sufficient
time for any training or retraining and for any skill development
that must occur. The deadline may be as short as thirty (30) calendar
days in instances in which the deficiency or deficiencies are primarily
caused by inattention or non-compliance. The deadline shall not be
in excess of one (1) year.
e.
The employee will be apprised that compliance with the MPIP
shall be determined by the elected or appointed County Officer. If
the elected or appointed County Officer determines that the employee
has not complied with the MPIP, compliance shall be determined by
a three-member panel comprised of the Director of Administration,
the Human Resources Manager and the elected or appointed County Officer.
The elected or appointed County Officer may designate a supervisor
in the line of authority over the employee subject to the MPIP to
sit on the panel as designee of the elected or appointed County Officer.
The Director of Administration shall chair the panel.
f.
While subject to an MPIP, the employee shall be considered a
probationary employee and shall not have a right to file an appeal
to the County Employees Merit System Commission.
4.
If the Director of Administration approves the form of the Mandatory
Performance Improvement Plan, the elected or appointed County Officer
shall review the plan with the employee and give the employee a copy
of the plan as approved by the Director of Administration. The employee
shall be requested to sign the MPIP, and a copy of the plan shall
be provided to the Human Resources Manager.
5.
The elected or appointed County Officer, or the panel, as set
forth above, shall determine whether the employee has met the performance
criteria set out in the MPIP.
a.
If the elected or appointed County Officer or the panel determines
that the employee has successfully met the criteria, the employee
shall be returned to good standing and shall be eligible for all performance-based
increases in salary and benefits that occur after the employee has
been returned to good standing.
b.
If the panel unanimously determines that the employee has not met the criteria and Subsection (F)(5)(c) below is not invoked by the panel, then the panel shall meet with the employee, and the employee shall be provided written notification that the employee is immediately separated from County service, along with a written determination that the panel has unanimously found the employee failed to meet the criteria of the MPIP. Such determination shall be a final decision and shall not be appealable to the County Employees Merit System Commission.
c.
If the panel unanimously determines that the employee has not
met the criteria, but unanimously agrees the employee has made significant
improvement, the panel may grant an extension to the employee of up
to ninety (90) days and review the employee's progress in meeting
the MPIP criteria at that time. If at that time the panel determines
that the employee has successfully met the criteria, the employee
shall be returned to good standing and shall be eligible for all increases
in salary and benefits that occur after the employee has been returned
to good standing. However, if the panel unanimously determines that
the employee has not met the criteria, the employee shall be provided
written notification that the employee is immediately separated from
County service, along with a written determination that the panel
has unanimously found the employee failed to meet the criteria of
the MPIP. Such determination shall be a final decision and shall not
be appealable to the County Employees Merit System Commission. If
at the time of the additional review the panel is split, the employee
shall be returned to good standing subject to monthly merit reviews
by the elected or appointed County Officer, or the employee may be
terminated or disciplined where appropriate, for cause, subject to
County Employees Merit System Commission review.
d.
If the panel is split, the employee shall be returned to good
standing subject to monthly merit reviews or the employee may be terminated
or disciplined where appropriate, for cause, subject to County Employees
Merit System Commission review.
6.
Any non-probationary merit employee, including, but not limited
to, a non-probationary merit employee retained prior to the effective
date of this Section and facing disciplinary action of suspension
without pay, reduction in pay or dismissal, may waive normal Merit
System disciplinary procedures and review and agree to utilize the
MPIP if the elected or appointed County Officer and the Director of
Administration so agree. Any such waiver shall be made in writing.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
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.
1.
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.
2.
Employee Relations. Effective on the date of conversion, any
previously negotiated contracts, understandings between the individuals
and the former employer, and conditions of employment, whether stated
or implied, shall be deemed null and void.
3.
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
Manager 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:
a.
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;
b.
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.
c.
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.
4.
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 elected or appointed County
Officer and consistent with the County's leave program shall be transferred
after audit and adjustment by the Human Resources Manager. 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.
5.
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.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
The Home Rule Charter of Jefferson County, Missouri, specifies that
the Merit System shall ensure that participation or non-participation
in any political activity must not be a term or condition of employment.
This Section is designed to implement Article VIII, Section 8.2.6,
of the Home Rule Charter of Jefferson County, Missouri.
1.
Political Activity Outside Working Hours.
a.
Merit System employees may voluntarily participate in political
activities outside working hours subject to the prohibitions listed
in this Section and in accordance with the Merit System.
b.
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 (A)(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 his/her vote, from expressing his/her 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.
2.
Prohibited Political Activity.
a.
Political activity may not take place on County work sites.
Political activity shall include:
(1)
The solicitation of contributions for a political
candidate, a political party or a partisan or non-partisan political
purpose;
(2)
The solicitation of votes for a political candidate;
(3)
The distribution of campaign literature at the
work site; and
(4)
Initiating or circulating partisan or non-partisan
nominating petitions at the work site.
b.
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.
c.
County uniforms or County-issued identification badges shall
not be worn or displayed while engaged in political activity.
d.
Partisan and/or non-partisan election materials shall not be
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.
Materials or memorabilia which depict a current office holder of a
particular state, local or national elected office are allowed.
e.
County equipment, materials, supplies, transportation, etc.,
may not be utilized for any political activity.
f.
Neither elected or appointed County Officers nor employees shall
personally solicit or require any Merit System employee to pay any
assessment or contribution or perform any service that shall benefit
anyone occupying or seeking employment, nomination or election to
any public office.
g.
Neither elected or appointed County Officers 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.
3.
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 Director of
Administration. The envelope shall be sealed and marked as confidential.
The complaint shall be forwarded directly to the Director of Administration
and shall not be opened by anyone else. Any complaints so received
shall be investigated by the Director of Administration. If the complaint
is directed at activities conducted by the Director of Administration,
the complaint shall be forwarded directly to the Chairperson of the
Jefferson County, Missouri, Council. Any complaints so received shall
be investigated by the Jefferson County, Missouri, Council.
4.
Sanctions. When a Merit System employee has been found by the
Director of Administration to have engaged in political activities
forbidden by the Charter, the Personnel Administration Program, or
this Merit System, the employee shall be disciplined in accordance
with the Personnel Administration Program, or this Merit System.
5.
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 Director of Administration before
engaging in such activity.
6.
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 elected or appointed County Officer 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 the Personnel Administrative Program and Merit System.
7.
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 the elected or appointed County Officer prior
to the day of an election when he/she does not have three (3) successive
hours while the polls are open in which he or she is not scheduled
to work. The elected or appointed County Officer 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.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
Possible Disciplinary Actions.
1.
Possible disciplinary actions that may be taken include, but
are not limited to;
a.
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 with copies forwarded to
the Human Resources Manager.
b.
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 that 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 shall be forwarded
to the Human Resources Manager for inclusion in the personnel file
of the employee.
c.
Suspension. The employee is removed from work and suspended
without pay for a specified period of time.
d.
Dismissal. The employee is terminated from the County position.
2.
Not all steps as listed above must be utilized. These possible
disciplinary actions are not exclusive and may include actions not
listed here. Furthermore, nothing herein shall be construed as preventing,
limiting, or delaying the County from taking appropriate disciplinary
action against an employee, up to and including dismissal or termination
without prior warning, where such action is deemed appropriate.
B.
Investigation Prior To Severe Disciplinary Action.
1.
Prior to taking severe disciplinary action, an elected or appointed
County Officer shall investigate or cause to be investigated the facts
and allegations warranting the proposed action.
2.
The elected or appointed County Officer may conduct the investigation
personally. Alternatively, the elected or appointed County Officer
may designate another to conduct the investigation. The results of
any investigation shall be forwarded to the Director of Administration
prior to any disciplinary action being taken.
3.
For many alleged infractions, an employee may continue to work
while the matter is being investigated and disciplinary action is
being considered. However, the elected or appointed County Officer
may, with prior approval by the Director of Administration, suspend
an employee from duty 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. The Director of Administration
may extend the length of the suspension beyond five (5) working days
when additional time is needed to complete the investigation.
C.
Processing And Imposing Disciplinary Action.
1.
Oral counseling, retraining, and written reprimands are issued
in accordance with procedures established for the department by the
elected or appointed County Officer and in accordance with the Personnel
Administration Program and Merit System, Copies of all written reprimands
shall be sent to the Human Resources Manager for inclusion in the
employee's file.
2.
If an elected or appointed County Officer decides to take severe
disciplinary action, the elected or appointed County Officer shall
give prior notice of the proposed action to the Director of Administration.
Following discussion of the proposed action with the Director of Administration,
the elected or appointed County Officer shall give written notice
of the chosen disciplinary action to the employee and to the Human
Resources Manager. The written notice shall include the following:
a.
The effective date of the chosen disciplinary action;
b.
The reasons for the action, which may include one (1) or more
of the following:
(1)
The employee is unwilling or unable to perform
the duties of his/her position in a satisfactory manner; or
(2)
The employee has committed an act or acts prejudicial
to the County service; or
(3)
The employee has failed to perform an act or acts
it was his or her duty to perform; or
(4)
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, the Personnel
Administration Program, constitutional or statutory rules, requirements
or regulations, including prohibitions against conflicts of interest.
c.
The appropriate details, which shall include:
(1)
References to prior disciplinary actions; and
(2)
Except in cases of dismissal, a warning that further
unacceptable performance or inappropriate behavior will result in
more severe disciplinary action up to and including dismissal. Immediately
upon receiving notice of severe disciplinary action, the Human Resources
Manager shall place it in the employee's personnel file and certify
resulting changes in payroll.
[Ord. No. 11-0218 §§ 1
— 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]
A.
The following provisions shall govern appeals filed under this Section.
1.
Appeal Rights.
a.
A non-probationary or promotional probationary merit system
employee may appeal disciplinary action taken against him or her in
the form of a:
(1)
Suspension without pay; or
(2)
Reduction in pay; or
(3)
Involuntary dismissal, excluding those reasons set forth in Section 120.600(C) through (E) and any other Section of this Merit System where appeal to the County Employees Merit System Commission is specifically disallowed.
b.
Only those actions set forth in Subsection (A)(1)(a) of this Section are appealable to the County Employees Merit System Commission. Verbal counseling and written reprimand are not appealable, but the employee may submit, within ten (10) business days, a written response to a written reprimand that shall become part of the employee's personnel file.
c.
Waiver Of Appeal Rights. The failure of an aggrieved party to
appeal in the manner, form and within the time required under this
Merit System or the failure to prosecute an appeal before the County
Employees Merit System Commission shall be a waiver of all appeal
rights.
d.
Time To Appeal. An aggrieved party shall have five (5) business
days from receipt of the notice of a decision to file an appeal.
e.
Form Of Appeal. All appeals shall be submitted to the Director
of Administration in writing on forms provided by the Human Resources
Manager and shall contain the following:
(1)
The name, home address, and home and work phone
numbers of the aggrieved party;
(2)
The position held (if any) by the aggrieved party;
(3)
The nature of the action taken;
(4)
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.
f.
Notification Procedure. Within three (3) business days of receipt
of an appeal, the Director of Administration shall notify all members
of the County Employees Merit System Commission and all other parties
to the appeal, in writing, of the appeal and shall provide all members
of the County Employees Merit System Commission and parties to the
appeal with copies of the appeal form filed by the employee.
2.
Hearing Date. The Chairperson of the County Employees Merit
System Commission shall within a reasonable time set the hearing date
giving consideration to:
a.
The presence of other appeals and requests for consideration
pending before the County Employees Merit System Commission;
b.
The impact of the action appealed upon the individual and the
County; and
c.
The availability of a quorum of County Employees Merit System
Commissioners, the appellant, the elected or appointed County Officer
or his/her representative, and legal counsels.
d.
In no event shall an appeal hearing be held later than ten (10)
business days after receipt by the County Employees Merit System Commission
of the appeal from the Director of Administration unless all parties
consent in writing to a later hearing date.
3.
Hearing Procedure.
a.
The matter shall be heard by a quorum of the County Employees Merit System Commission as set forth in Section 120.540(A)(9) of this Merit System.
b.
All hearings shall be held at the location designated in the
notice.
c.
Hearings shall be closed to the public unless both parties agree
to an open hearing in conformance with Chapter 610, RSMo. (the Sunshine
Law), and amendments thereto.
d.
Aggrieved parties may be represented by counsel.
e.
No member of the County Employees Merit System Commission may
participate in a hearing or appeal in which there appears any conflict
of interest between the County Employees Merit System Commissioner
and the employee or when the County Employees Merit System Commissioner
is related to any of the parties within the fourth degree by consanguinity
or affinity.
4.
Attendance And Witnesses. The following parties shall attend
hearings:
a.
The aggrieved party;
b.
The elected or appointed County Officer or the elected or appointed
County Officer's designee;
c.
The Human Resources Manager; and
d.
Witnesses appearing voluntarily, at the time such witnesses
are required to testify, subject to requests by parties for the exclusion
of witnesses from hearings except when testifying.
5.
Decisions Of The County Employees Merit System Commission. All
decisions of the County Employees Merit System Commission shall be
final.
a.
The decision shall be rendered by County Employees 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. The number of votes required for a decision is set forth in Section 120.540(B)(1)(c)(4) of this Merit System.
b.
No party or his or her counsel shall be present at deliberations
of an appeal unless all parties or their representatives are present
or have been provided the opportunity to attend. Deliberations may
be closed pursuant to Section 610.021(3), RSMo.
c.
All decisions following hearings shall be in writing. The County
Employees Merit System Commission may adopt the findings and conclusions
proposed by a party, or 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 County Employees
Merit Commission bases its order.
d.
All decisions shall be rendered within ten (10) business days
following the closing date for acceptance of suggested findings of
fact and conclusions of law. The County Employees Merit System Commission
shall give written notice of its decision by delivering or mailing
such notice to each party or his or her attorney of record.
e.
The County Employees Merit System Commission may order remedies in accordance with Section 120.540(B)(1)(c) of this part of the Merit System.
6.
Employee Grievance Procedure.
a.
Sometimes situations occur on the job that have a negative effect
upon employee morale and for which no other avenue of relief is available
in the Personnel Administration Program or Merit System. 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:
(1)
Step 1.
(a)
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) business 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) business 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 or appointed
County Officer, may choose to meet informally with the employee.
(b)
Every effort should be made to resolve the matter
at Step 1. However, when the employee requests and the elected or
appointed County Officer concurs, Step 1 may be bypassed and the employee
may start with Step 2.
(2)
Step 2.
(a)
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 Human Resources Manager. The employee
shall describe in writing the nature of the grievance and the specific
relief or action that he/she is requesting. The form shall be forwarded
to the appropriate elected or appointed County Officer within five
(5) business days. The elected or appointed County Officer will consider
the information given and may conduct any necessary investigation.
The elected or appointed County Officer will respond by completing
the appropriate section of the employee grievance procedure from 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) business days following receipt.
(b)
When the employee requests and the elected or appointed
County Officer concurs, Step 2 may be bypassed and the employee may
start with Step 3.
(3)
Step 3.
(a)
If the matter is not resolved at Step 2 to the
satisfaction of the employee, he/she may complete the appropriate
section of the employee grievance procedure form indicating why he
is dissatisfied with the decision of the elected or appointed County
Officer. 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 or appointed County Officer, both of whom will be
expected to abide by the decision of the Director of Administration.
If the elected County Officer is not satisfied with the decision of
the Director of Administration, the elected or appointed County Officer
may appeal the matter to the County Employees Merit System Commission.
The decision of the County Employees Merit System Commission shall
be final and shall be based solely on the written record compiled
and maintained by the Human Resources Manager. No evidentiary hearing
will be conducted by the County Employees Merit System Commission.
(b)
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. The employee
grievance procedure shall not apply to appeals that are heard by the
County Employees Merit System Commission pursuant to this Merit System.
(c)
The Human Resources Manager shall be provided with
a copy of all grievance procedure forms and attachments for inclusion
in the employee's personnel file.
(d)
Nothing in this grievance procedure precludes any
employee from reporting or discussing serious concerns or complaints
regarding workplace conduct with the Human Resources Manager or Director
of Administration.
